than by a solitary individual. Whatever benefits may be derived from the solitary perusal of the Holy Scriptures, and suitable religious works, are attainable by the convict in his dormitory, where, between the hour of finishing labour, and that of retiring to rest, on Sundays and at other periods ample time and opportunity are given for the purpose. We may conclude, therefore, that wherever reformation or amendment may seem practicable, literary or religious instruction may be administered in the most convenient and effectual manner on this system.

Having thus very briefly pointed out some of the advantages attending the method of penitentiary punishment, we have last considered, we proceed with the same brevity to notice some objections which have been raised to it, and which have not been already examined in the preceding parts of this report.

for the time, and may not be felt as a sufficiently severe punishment by the idle. To remedy which, we would provide, that the period of time passed in solitude for a breach of the prison rules should not be considered as part of the original term of imprisonment; but that for every day so passed in solitary cells there should be added a certain number of days to be employed at hard labour. This, we think, would have the desired effect. Supposing, however, that it shall be found by experi ence that nothing is so effectual to restrain the evil disposition of convicts, and to compel conformity to the prison rules, as corporal punishment, we are next to consider whether this species of punishment be repugnant in principle or under proper control injurious or dangerous in practice.

We are not aware of any principle of our political constitution, or of any reason of morals, which forbids the And, it is said, in the first place, that the besetting infliction of corporal punishment upon convicted crimisin of the old penitentiaries still subsists, though per- nals. The antiquity of this method of chastisement is haps in a mitigated degree, namely, the intercourse be- vouched by the Holy Scriptures, which at the same time tween the convicts during the working hours, which, admonish us not to withhold it from those upon whom it is alleged, no degree of inspection or severity of disci- it ought to be inflicted. All nations of whom we have pline can altogether prevent. To this we have already memorials, whatever may have been the freedom of we think made a sufficient answer in principle, and can, their political constitutions, have sanctioned its applica only, in addition to what has been already said, oppose tion. If we examine the legislation of the venerable the testimony of all who have visited the prisons of Au- founders of our own commonwealth, we shall find that burn, Sing Sing and Wethersfield to satisfy the legisla- the punishment of whipping was authorised by express ture, that in point of fact the great evils alluded to are enactments. In the great law, adopted on the 7th of effectually prevented. It would be a waste of time in December, 1682, it is declared that whosoever should us to repeat the facts and reasoning upon which we have be found guilty of adultery shall be publicly whipped, come to the conclusion, that no danger is to be appre- and suffer one year's imprisonment at hard labour in the hended to the discipline of the prison or the character house of correction. The same punishment was ordainof the convicts from that modified and controlled associ-ed for arson, rape and certain other crimes. Such were ation, which takes place when convicts are assembled the views of WILLIAM PENN, with respect to corporal for joint labour, under a proper system of inspection.-punishments. In 1693 when a revision of the laws took We dismiss this objection therefore without further com

ment.

In the next place, it has been made a matter of objection to the system proposed, that it requires for its object of thus subduing the convicts into silence and humility, while in the workshops, a degree of rigid discipline, which can only be maintained by severe corporal punishments, such as are practised at Auburn, and which are entirely inconsistent with the idea of reformation, and at variance with the humane spirit of our institutions.

place, the punishment of larceny and robbery was directed to be by the infliction of stripes not exceeding thirty-nine in number, and by imprisonment at hard la bour. A still more distinct and applicable precedent however is to be found in an act of assembly of this commonwealth passed in the year 1717, by which it was provided, that in all cases of felonies for which the of fender was entitled to the benefit of clergy, he shall be punished by imprisonment at hard labour, for a period not less than six months nor more than two years: "And in case such person or persons shall refuse or neglect to work and labour, as they ought to do, the master or keeper of such house of correction or public workhouse respectively, is hereby required to give such persons such due correction as shall be fit and necessary in that behalf."

countries of Europe military discipline is maintained by this means, and that in our own navy it has been used from the outset to enforce subordination, we think that there is no great reason to be shocked at a proposal of administering it to felons who have first violated the laws of the land, and then violated the laws of the prison in which they are placed.

This, undoubtedly, is a very serious objection, and deserving of thorough examination, and grave reflection. If the system of penitentiary labour can be maintained in silence and humility, only by the infliction of corporal punishments; and such corporal punishments must necessarily be cruel in their character, and prejudicial in It appears, therefore, that the early legislators of their effects upon the disposition of the convicts, un- Pennsylvania were not sensible of any thing unchristian, doubtedly this would go far to counterbalance the ad- inhuman, or inexpedient, in the infliction of corporal vantages of the system, and would perhaps leave us no punishment upon such as had violated the laws of the alternative but to adopt the system of solitary confine-land. And when we reflect that in most of the modern ment without labour, under all its imperfections. We will take leave, however, to doubt, whether these gloomy features are the necessary characteristics or consequences of the system of joint labour. For, in the first place, we have seen no reason to believe that corporal punishment is absolutely necessary to the enforcement of discipline, in such an institution. That it has been inflicted with advantage to the discipline of the prison, How far the punishment of flagellation has been found we have no doubt; but there are other modes of punish- by experience to be oppressive or injurious to the conment perhaps equally efficacious. Solitary imprison-victs or prejudicial to the interests of the prison, will be ment, for instance, on low diet, for a short period, has heretofore been used with signal success, as a measure of prison punishment; and we see no reason to think that it would fail of effect under the circumstances we are considering. The cells used for dormitories would afford suitable places of confinement; and there, it is believed, on bread and water for a diet, there would be found sufficient punishment to avenge the breach of prison discipline, and prevent a repetition of offence. The only objection to this kind of punishment is that it prevents the prisoner being employed at productive labour

seen by a few short extracts which we propose to make from some documents of authority. In the first report of the Boston Prison Discipline society is the following passage. "If the efficacy of the different modes of punishment were to be judged of by the discipline of the respective institutions, punishment by stripes, as at Auburn, would be preferred. The difference in the order, industry, and subdued feeling as exhibited by the pri soners is greatly in favour of the prison at Auburn," &c. Judge Powers bears the following testimony; "The high reputation which the discipline of this prison has

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human system can be devised which will not contain some mixture of evil, they will be induced to think that the balance of good is to be found on the side of that system which has been shown to be most likely to produce the great ends of punishment as respects the of fender, and the community with the least burden upon the finances of the state.

acquired is a sufficient argument to prove that stripes are the most efficacious means of coercion that have ever yet been adopted. And it may well be added as an undoubted truth, that this mode occasions much less personal suffering to the convicts, as well as loss of time, than any other which could be devised. So certain and instantaneously does correction follow offences, that they rarely occur, and hence there is no loss of time, and but We have thus, with as much brevity as was consistent little amount of suffering. It is better as well as easier with a fair and full examination of the important question to prevent the commission of crimes, than to redress at issue, endeavoured to comply with the directions of them by subsequent punishment; and this capital prin- the legislature by furnishing "such suggestions and obciple should be adhered to by all governments." servations" as appear to us, necessary to a proper deterThe report of the commissioners appointed by the N.mination on the subject of prison discipline. We have York legislature in 1826, to visit the Auburn prison, reviewed the several modes of punishment adopted by from which we have already quoted, contains the follow-the different nations of the world, and examined their ing remarks: "A vast majority of the convicts have found their way into the prison through a long course of chicanery, villainy and crime. Artful, cunning, cheating, rambling, idle, rarely having any fixed residence, or practised any honest calling, and to whose feelings a regular course of honest industry and labour is of all things the most abhorrent; long experience has shown that over indulgence, coaxing or hiring them to be better is pernicious, and often tends to disorder and disaffection. The few rules laid down for the government of the convicts are easily learned and practised, where there is a disposition to learn and practise them. But resistance or the evasion of these rules is often found to be uppermost in their minds; and a few days lounging in a cell, or even upon bread and water, is preferred to the irksomeness of steady labour. The discipline of the Auburn prison, instead of this indulgence, takes measures for convincing the felon that he is no longer his own mas-sued in the new prisons at Pittsburg and Philadelphia, ter, no longer in a condition to practise deception in idleness; that he must learn and practise diligently some useful trade, whereby when he is let out of the prison to obtain an honest living." After detailing certain instances of real or supposed misconduct on the part of the subordinate officers, the commissioners finally give it as their opinion, that "the Auburn prison with its government and discipline, notwithstanding the faults and abuses in practice pointed out, is much better calculated to effect the purposes suggested, than any other which we have heard or have any knowledge of." It is stated by the commissioners as a fact of importance connected with the question of the oppressiveness of the system of flagellation, that an extraordinary degree of health prevails in the Auburn prison. "The average number in the hospital is not three per cent. A distinguished and venerable physician from a neighbouring state visited the hospital, and saw all the prisoners pass in review in our presence; and then declared without any reserve, that their health exceeded that of the country at large."With this statement the last annual report of the inspectors fully concurs. It is there said, "The health of the convicts is remarkably good. There is not a convict sick except from some chronic affection. By a reference to the physician's report it will be found that there have been seven deaths during the past year; four of which were of consumption."

Notwithstanding the opinions and facts here stated, we incline to the belief, already expressed, that the discipline of the prison may be preserved by the mode we have suggested, of solitary confinement on low diet, with the provision for lengthening the future imprisonment at hard labour, in every such case. It is highly important however, we conceive, that the punishment should be certain, unchanging, and should follow immediately and without appeal, upon the commission of the offence. It is only with these assistants, that it is likely in our opinion to supersede the necessity of corporal punishments.

From this view of the subject we see no reason to suppose that the legislature will regard the objection to the system of joint labour, which supposes the necessity of corporal punishments, as an insurmountable difficulty; but weighing all circumstances and aware that no

respective advantages and evils. Beginning with the highest and simplest of punishment, which consists in the deprivation of life, and passing through the several varieties of mitigated infliction, we have endeavoured to derive from an analysis of each, some light for our guidance in the difficult parts of penitentiary punishment. If, after an honest investigation of the subject in all its branches and bearings, we have come to the conclusion that the system of punishment, which prescribes hard labour, with due inspection, in joint workshops, during the day, and separate dormitories at night, is preferable to solitary imprisonment by day and night, with or without labour, the legislature and our fellow citizens may be assured, that it is a conclusion to which we have come with great and sincere reluctance. We entered upon the performance of our duty with a belief and wish that the system of solitary confinement proposed to be purwould be found, upon examination and experience, to be sound in theory, valuable as respects convicts, and not inconveniently burdensome to the finances of the state. We have a common interest with the rest of our fellow citizens that the public money should appear to have been advantageously expended on the great undertakings at the two cities; and we trust that we possess a sufficiently just sense of what is due to the character and dignity of our state, not lightly to recommend the abandonment of any system which may be thought peculiarly the offspring of Pennsylvania. Our belief, however, in the value of solitary confinement as a punishment for crimes has gradually given way before the irresistible conviction, which a thorough examination of the subject has forced upon us; and however the conclusion may be at variance with the sentiments of a highly respectable portion of our fellow citizens, as well as with our own pre-conceived impressions, we should be unfaithful to our trust, and to our consciences, if we hesitated, for a moment, to declare our deliberate opinion.

If, therefore, the question were entirely open in this state, if previous arrangements of a nature too serious to be be overlooked did not interfere, we should earnestly recommend to the legislature the entire and absolute adoption of the system of solitary confinement at night, with joint labour in the day time, on the plan of the penitentiaries at Auburn, Sing Sing and Wethersfield.Situated however as we are in this state; with a prison completed at Pittsburg on the plan of solitary confinement without labour, and with another partially finished at Philadelphia intended for solitary confinement and perhaps for solitary labour, we feel that we are not at liberty to use the same measure of suggestion that we otherwise should. Without an abandonment of the present buildings upon which so much of the public money has been expended, the system pursued at Auburn cannot be adopted in all its features. It remains then to be considered, whether it can be introduced partially in the existing condition of the two prisons and to what extent.

The prison at Pittsburg, it has been already stated, is nearly, if not entirely, completed on the plan of solitary confinement without labour, as originally adopted.―

the whole and render it well adapted to its design, solitary confinement."

From the draft annexed to this report it will be perceived that the cells are placed on the circumference of a circle; it being intended that the observatory of the keep- "As respects a system of labour, I was apprehensive er should be situated in the centre. Attached to each that considerable attention would be necessary for this cell is an exercising yard. The prison was first occupied purpose; but I have made a full inquiry and examination by convicts on the first of July 1826. On the 8th of and am satisfied that little else than the erection of workFebruary last, a communication was made by the inspec- shops is necessary to make it a most admirable establishtors to the legislature, from which we make the follow-ment, uniting the two systems of labour and strict coning extract, to exhibit their views of the character and finement. For such workshops there are ample spaces defects of the prison: left, and in the most desirable position. Three large workshops each about forty feet by fifty may be erected on each side of the central yard. These in my opinion will contain ample room for the exercise of all the convicts in every kind of trade that can be profitably employed in an establishment of this kind. Three thousand dollars would build these six workshops, and enable the board to introduce the discipline of labour either entirely or partially."

"This penitentiary, having been contemplated for solitary confinement without labour, a singular anomaly exists between the sentences of the convicts and their mode of treatment. By the existing law hard labour is a component part, and leading feature of the punishment; and under the system it is, that this term of servitude is extended to a longer period, than would probably be required under strict solitary confinement. But the board at Pittsburg has not the means, such as workshops and tools, of putting them to employment. Neither probably, is at all desired that they should do so; as it is to be presumed that the system of solitary confinement is to be exclusively adhered to, and a fair experiment made of its advantages. That this system is well, though expensively, calculated for the safety of society in the complete seclusion of the convict; and that it is as well adapted to cherish the hopes of his ultimate reformation as any that can be devised, there can be no doubt. It must however be admitted, that it is still made a question, whether the same effects could not be equally well obtained by compelling them to labour, at some useful occupation, either in solitude or in small companies, resorting to strict confinement for limited periods, as a severer punishment for the higher grades of crime, and when necessary using it as a means of disciplining and subduing the refractory. He could thus, as is alleged, be compelled in some measure to render up to society a remuneration for his maintenance and custody."

It appears, therefore, that no impediments exist to the adaptation of the Pittsburg prison to the system of joint labour, with strict separation at night.

The new penitentiary near Philadelphia, is well known to the legislature, to be on a scale of greater extent than that at Pittsburg. The outer walls, which are built of stone, and are 30 feet high, enclose an area of nearly 12 acres, within which space there must doubtless be room for many extensive buildings. The cells, as we have already stated, were intended to be placed in seven blocks diverging from the common centre; each block containing 38 cells, and being only one story in height. Of these blocks or radii only three have been completed, which are calculated to contain 114 convicts. The sum requisite to complete the remaining four blocks, according to the estimate furnished by the commissioners to the legislature in the session of 1825-6, would be 99,978, or little short of $100,000.

Should the legislature concur with us in the opinions we have expressed respecting the superiority of the sys"It is hardly practicable with the present plan of the finement, they may nevertheless be disposed to give the tem of joint labour over that of absolute solitary conpenitentiary, to carry into effect complete solitary impri- latter system a fair trial, so far as the buildings already sonment, without keeping the criminals continually immu- completed admit of the attempt; and this, perhaps, may red in their cells. So strict a course of confinement con- be considered as due to that portion of our fellow cititinued steadily for any considerable period of time, would, it is to be feared, occasion a waste of health. zens with whom the plan originated, in this state. In the Exercise is necessary, and that exercise ought to consist remaining part of the enclosure near Philadelphia, amof application to labour, or walking within prescribed ple space exists for the erection of a prison on the plan limits. Yet we have seen that labour is not provided for of those at Sing Sing and Wethersfield, in which may be in this penitentiary; and as to the opportunity of walk contained the sleeping rooms of eight hundred convicts ing, that, under present circumstances, must necessarily should so many be necessary, and such other appartbe indulged in front of the entire row of cells, to whichments as may be required; and for the erection of coverthe prisoner may be attached, and is in full view and The cost of these buildings, it is believed, will not equal ed workshops for the performance of their joint labour. hearing of the occupants. To remedy this inconvenience the board recommends that separate yards in one or two the amount required for the remaining four blocks of of the sections be laid off and walled in, in front of each cells on the original plan. When it is remembered that cell. This improvement can be done at a trifling ex- the whole prison on the original plan only 266 prisonthese four blocks will contain only 152 prisoners, and pense; and if, hereafter, the labouring system should be introduced by the legislature into this penitentiary, the ers, and that the average number of convicts in the old cells thus enclosed or separated would be peculiarly prison, for the last three years, has been about 500, (exwell adapted to the close confinement of the more refrac- clusive of those from the counties which now send their tory and desperate offenders." convicts to Pittsburg.) it will be seen that provision must less we are disposed to place so much faith in the system be made, somewhere else, for at least 230 convicts; unas to believe, that it will reduce the average number of convicts to 266, and keep it at that point, notwithstanding the increasing population of the state. The arrange ment we have suggested, therefore, has the advantage of "The penitentiary is now nearly completed according providing for the whole body of convicts, at an expense to the prescribed plan. Defects in the plan have already in respect of buildings, probably less than would be reoccurred to the inspectors, all of which can be remedied quired on the other system for a very limited number; without much inconvenience or unreasonable expense. and this advantage becomes more apparent when it is The want of ventilation for the cells: some additional considered that the Walnut street prison may, at an earwalls, subdividing the yards before some sections of cells; ly period after the completion of the necessary dormitoseparate privies for the keepers' apartments, a con/de- , be so for the benefit of those to whom it belongs rable alteration in the interior of the main or front build, whereas, if the proposed system of solitude be adopted ing so as to render it capable of accommodating an ad- throughout, the Walnut street prison must probably be ditional keeper, are the remnent improvements 1 quired. From 1500 to mantled in its present condition, until another series of 20 dollars would accomplish solitary cells shall be constructed for all the coasts

With a view to ascertain the present condition of the prison, and its capability of being used on the system of joint labour, we addressed a number of questions to the inspectors; from the answers to which we extract the following passages:

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whom the penitentiary on Francis' lane is unable to ac-able occurrence, except in passing the bar, which, as it commodate. was dark, and the surf beating high, was difficult and dangerous, but when we had entered, found it an excellent harbour.

Influenced by these sentiments, the legislature will perceive that in the draft of the bill for consolidating and amending the penal laws, which we now respectfully 25th.-Having been detained yesterday by stress of submit, we have made provision for the punishment of weather, but it having changed, and appearing fine and certain crimes by solitary confinement, both by night pleasant this morning, we put out of the harbour, and and day. It is believed that the number of persons like- passing Fort Erie, entered the strait or river Niagara, ly to be convicted of these crimes in future will not be and rowed down to Chipawa river, distant 20 miles, greater than the solitary cells now completed at the east-where we arrived about 12 o'clock, M. and landed in the ern penitentiary. We have endeavoured to select such province of Upper Canada. Chipawa empties itself into crimes for this punishment, as it seemed to us were the the Niagra river, two miles and a half above the falls, and result of passions or vices which, if ever, solitude would just within its mouth there is a wharf, and a large storebe effectual to extirpate or tame. For the remaining house, to deposit the goods carried round the falls.crimes and offences, we have provided the punishment The British have a garrison at this place, at present comof hard labour in common workshops by day, and solita-manded by captain Hamilton, by whom we were treated ry imprisonment by night; a mode of punishment which, with much politeness. under proper discipline, we firmly believe to be the best calculated to effect the great objects which all wise and human governments have in view in the formation of a penal code.

been made, and different accounts given of the perpendicular height of this stupendous cascade, I have been the more particular, and feel no doubt in asserting, that this admeasurement is accurate.

Having leisure this afternoon we crossed the river Niagara to fort Sclosher, and went down to the falls, on the United States' side, for the double purpose of having a view from both sides of the river, and also of ascertaining In conformity with the second of the resolutions, un- the perpendicular height, which I found, by a fair exder which we were commissioned, which directs us "to periment, made entirely to my satisfaction, to be one prepare and submit for the consideration of the legisla-hundred and sixty-two feet. As many experiments have ture a body of rules, for the internal policy and government of, and treatment of prisoners in the penitentiaries within this commonwealth," we have prepared, and herewith submit the draft of a bill (No. 3,) "concerning the eastern and western penitentiaries within this commonwealth," in which provision has been made for the government and treatment of convicts on both of the systems which will be presented to the legislature. It will be perceived that the inspectors of each penitentiary are directed to cause the convicts confined in solitude to be employed at such labour as may be practicable consistently with the preservation of such solitude. We do not mean to say, that we consider such labour compatible with strict solitude, and with the preservation of health; but we think that it is better to try the experiment than to place convicts in idle solitude. It will reşt however, with the wisdom of the legislature to enact the bill submitted to them, or such parts as may be consistent with their determination upon the main question before them.

In traversing down the river from fort Sclosher, the mind of the observer is gradually filled with a degree of horror, occasioned by the astonishing and tremendous noise of the water, as it descends over an uneven bed of rocks, and is hurried on to the perpendicular pitch; but on arriving at that place, the feelings are instantaneously changed, and astonishment succeeds the place of hor ror. The stupendous abyss-the beautiful and varied shades of the water in descending the considerable spray that is continually arising, and the tremendous noise, the cause of which occasions a sensible tremour in the earth; all presented to the view and hearing at the same time, conspire to fill the mind with astonishment.

The river, immediately above the perpendicular pitch, is divided by an island, called Goat Island, the largest portion of the water falls on the Canada side, and forms a kind of semi-circle, or, as it has been sometimes denominated, the horse shoe. The extent of the cascade, including Goat Island, from the best observations I was enabled to make, having no instrument with me to take angles, is about three quarters of a mile--but the river, immediately below the cascade, gliding off rectangularly, is not more than a quarter of a mile wide, and does not much exceed that width until it approaches near to Queenstown. The spray is so considerable that whilst I remained there, which was but a short time, no longer than sufficient to complete the operation, I was almost

VOYAGE FROM LAKE ERIE TO PHILADELPHIA wet to the skin. And at the same time, one of the most

beautiful and luxuriant coloured rain-bows was reflected, by the sun, on the spray, I ever beheld, forming alJournal of the voyage of the schooner White Fish in the most an entire circle, the sight of which was a sufficient year 1795, from Lake Eric to Philadelphia.

Springfield, Del. co. Pa.

1

compensation for being wet.

It has been frequenty said flet there is a possibility of passing, with safety, between the sheet of water and I have extracted from my journal of 1795, the follow- the rocks, clear across the river; but, from observation, ing account of my voyage from Presque Isle, on Lake | I conceive it to be fabulous, and the thing utterly imposErie, to Philadelphia, accompanied by Mr. David Lum-sible. You may, 'tis true, penetrate some distance bemis, in the schooner White Fish, constructed by our- tween the sheet of water and the rocks, on the Canada selves at the former place in the summer of that year, without adequate tools for such a work, and the whole of the timber taken from the woods. The dimensions of the vessel were, 18 feet keel, 23 feet from stem to stern, and 6 feet beam, without a deck.

On the 22d of September, 1795, at 1 o'clock, P. M. we commenced our voyage with a fair wind, and arrived on the 23d, at 9 o'clock, P. M. in the harbour of Buffalo Creek, at the eastern extremity of Lake Erie, distant from our departure about 90 miles, without any remark

side, under what is called the table rock, but to no great extent. The table rock projecting considerably, forms a vacuum between it and the sheet of water; but, on the United States side, the sheet of water falls so close to the rock, that there is very little if any vacuum whatever.

The scraggy appearance of the perpendicular rocks, on each side of the great chasm below the falls, as far as I had an opportunity of viewing, confirms me in the belief that this great chasin has been excavated by the ac