Council Chamber, the Sixteenth of December, 1680. The Right Honourable the Lords of the Committee for Trade and Foreign Plantations, have appointed to hear the Exceptions of my Lord Baltimore, against the Draught of Mr. Penn's Patent, formerly sent you, on Saturday, the 18th instant, at Four in the afternoon; and you are desired not to fail in your attendance at the time, their Lordships being then resolved to proceed to a resolution in that matter. them perhaps within the bounds of Mr. Penn's Petition, Report of Mr. Penn's Patent. In obedience to your Majesty's order, signified unto us by the Earl of Sunderland, on the First of June last, we had prepared the draught of a charter, constituting William Penn, Esq. absolute proprietary of a tract of land in America, therein mentioned, which we humbly present to your Majesty, for your royal approbation, leaving also the naming of the said province to your Majesty, which is most humbly submitted. REPORT Mr. Penn's boundaries settled by Lord Chief Justice Of the Commissioners appointed to Superintend the North. Erection of the Eastern Penitentiary, near THE PENAL CODE. [Concluded from page 267.] Was the same is bounded on the East by Delaware, from the twelve miles distance Northward of 'Newcastle Town, beginning of the fortieth degree of Northern latitude, unto the three and fourtieth degree The report thus tediously, though necessarily proof Northern latitude, if the said river doth extend so tracted, might now be closed but that we deem it requi'far Northward; but if the said river shall not extend so far Northward, then by the said river, so far as it doth site to notice some remarks on the construction of the extend; and from the head of the said river, the East-Eastern penitentiary of this state, and the excellence of the Auburn system of punishment, which have been 'ern bounds are to be determined by a meridian line, to be drawn from the head of the said river, unto the said published in the Boston Prison Society report. In orthree and fortieth degree; the said lands to extend servations, we submit an extract from said report: der to a full understanding of our remarks on these ob• Westward five degrees in longitude, to be computed 'from the said Eastern bounds; and the said lands are New State Prison in Philadelphia. bounded on the North by the beginning of the three and fortieth degree of Northern latitude, and on a cir'cle drawn at twelve miles distance from Newcastle, Northwards and Westwards, unto the South, by the beginning of the fortieth degree of Northern latitude; another by a strait line Westward, to the limit of longi'tude abovementioned, excepting all lands within twelve miles of the Town of Newcastle, that shall happen to lie within the said bounds, now in the possession of his Royal Highness, or his Tenants or Assigns.' Letter from the Attorney-General, about Mr. Penn's May it please your Lordships, I have considered the Petition of Mr. William Penn, praying his Majesty to grant unto him a tract of land, in America, lying North of Maryland, bounded on the East, by Delaware bay; to the Westward, by the Indian countries, as Maryland; and do not find, that such boundaries do intrench upon the Lord Baltimore's Province of Maryland, which is bounded Southward, by a part of Virginia; Eastward, by the main ocean, and Delaware river; and Northward, by that part of Delaware river that lieth in the fortieth degree of latitude; and so by a direct line Westward, through the continent. And the Patent granted to his Royal Highness, of New-York, being bounded Westward, by the East side of Delaware bay, is sufficiently distinguished from the grant desired by Mr. Penn, which is bounded Eastward ly, by Delaware bay or river; so that the tract of land desired by Mr. Penn, seems to be undisposed of by his Majesty, except the imaginary lines of New-England Patents, which are bounded Westwardly by the main ocean, should give them a recal, though impracticable to all those vast territories. But I am further to offer unto your Lordships, that there are several Dutch and Swedish Plantations, which have been under the English government, that lie scattered on the Westward of Delaware river, and some of LOCATION. ground, about two and an half miles north west of this "This prison is located on elevated city and about half a mile east of the Schuylkill river.” thirty feet high, encloses nearly twelve acres. The CONSTRUCTION. The yard wall which is built of stone, building for the keeper's house, and the offices of the prison government, makes a part of the south wall, on of the prison may be inferred from the fact, that the yard each side of the centre. The magnificence of this part wall cost about $200,000. On the centre of the yard is erected the observatory, and on seven lines diverging from the observatory towards the wall, the blocks of cells. The cells are arranged in two rows in seven one story buildings, on opposite sides of seven passages, extending from the observatory towards the wall to the ends of the blocks of cells. Connected with each cell on the outside, is an exercising yard. The entrance to the cell is through the exercising yard. The place of observation for the keeper over the prisoner, is through a small orifice opening from the cell into the passage, which may be closed at pleasure by the keeper and which is intended to be kept generally shut. The only mode of seeing the prisoner while confined in his cell, if the doors are shut is through this orifice. When he is let out of his cell into the exercising yard, he may be seen either by opening the door of the exercising yard, or by walking on the top of the wall over the exercising yard. The wall of the exercising yard is so high that he cannot be seen from the principal observatory in the centre of the large yard, unless the observatory is raised to a height far above that contemplated in the original plan. The entrance to the cell from the exercising yard, is secured by double doors; one on each surface of the wall: the inner door of grated iron, and the outer door of plank. The orifice between the cell and the passage which is large enough to admit the face of a man, is secured by double doors of plank. For ventilation there are several holes about three inches in diameter, near the floor of the cell passing through the wall into the exer cising yard; and several small angular flues passing off through the wall between the cell and the passage, about ten feet above the floor. The mode of heating now proposed, is by admitting warm air into each cell through a small orifice opening into an air chamber, which is to extend the whole length of each passage beneath the floor. Whether the ventilators into the exercising yards and the orifices into the air chamber, will not open a communication between the prisoners in different cells, can only be told by experiment. If it should be so, there would be no way to prevent communication except by altering the construction, unless a keeper could be placed in each air chamber and in each exercising yard. It would require more keepers than prisoners to prevent communication in this way. Whether it is practicable so to construct two cells or apartments adjoining each other, that there cannot possibly be any communication between two persons confined in them, while they are furnished with sufficient free ventilation, is a point never yet so tested by experience within our knowledge, either in prisons or lunatic asylums as to prove the possibility of such a thing. It is not done at the lunatic asylum in Charlestown, and it was not done at the new prison in Philadelphia in April, 1827, for the cells were not completed. If it could be done, the question deserves consideration whether it ought to be done; for the case not unfrequently occurs in a large prison, in which a prisoner is taken violently sick. Now if they are confined in cells, from which it is impossible for any one of them to be heard even by the person in the adjoining room, how shall the keeper know that the prisoner demands attention? It is true that there might be pipes extending from each cell to the keeper's apartment, so that the keeper would know if the prisoner was in distress; but no such thing is proposed. The sentinel in the passage would hear the noise of the prisoner if the doors were kept open; but it is proposed to keep them shut to prevent the prisoners from seeing each other and hearing each other across the passage, so that the sentinel would only know the condition of the prisoner when he opened the door to look in upon him.The sentinel being placed in the air chamber or in the exercising yard might probably hear the prisoner; but it is not proposed to keep à sentinel in either of these places. As the prison is constructed, it will be difficult to know when the prisoner is in distress." 275 all out of the cells daily. If it is not done as often as this, the question would arise whether it is expedient to build two hundred and fifty exercising yards, for two hundred and fifty prisoners.' "It has been urged in favour of this plan of building, that it gives great facilities for inspection: so great that the keeper in the observatory in the centre of the large yard, as well as the keepers in the lofty towers on the external wall, may overlook the whole establishment. It is true, that they can see from those points of observation the roofs of the cells, and the tops of the walls of the exercising yards, but it is also true, that they cannot see the prisoner, when they are in their cell; nor while they are in their exercising yards, unless the prisoners choose to show themselves. From the tower in the centre of the south wall, which is one of the most lofty, the eye can see no farther into the exercising yard of the nearest cell, than the top of the door between the exercising yard and the cell. The plan of building, therefore, does not afford great facilities for inspection; but on the contrary, makes inspection very difficult and expensive both in regard to time and labour." "There is a pecularity in the construction not yet mentioned. Each cell is a water closet. From what may be seen of similar places in hospitals, prisons, and steam boats, we are apprehensive that this part of the design will fail. It will be very expensive in the construction, and probably will not answer a good purpose. It is proposed to accomplish the object by cast iron pipes, extending under the whole establishment and communicating with every cell, These pipes are to be frequently filled with pure water, which may be drawn off, in the expectation that the filth will be removed in the current. Apartments have often been visited, in which similar designs have been adopted for the accomplishment of the same object; but the object was not gained. The air could with the greatest difficulty be inhaled by a person who came from the fresh air. It would be well to know whether this peculiarity in the plan will answer the purpose in a few cells, before the expense is incurred of extending it to the whole establishment." unproductive. "The original design, was so to construct every apartment of the building that it should never be necessary to remove the prisoner from his cell, and exercising yard, except in cases of sickness. There is therefore no cha ple for divine worship, on the sabbath; no place for "And while the sentinel could not hear the prisoner, morning or evening prayers; no place for communicating the prisoners would have a better opportunity to hear instruction of any kind; and no place for labour, except each other. The sentinel in the passage could not hear the cell or the exercising yard. This would make in. the conversation of the prisoners through the air cham-struction difficult, and labour, if it should be introduced ber, because the sound would pass under the floor of of the passage. And when the prisoners are let out of "In regard to instruction, twenty persons could not the cells into the exercising yards, the sentinel in the communicate as much in the same time, to a given numpassage could not prevent their conversing with each ber of prisoners, as one might communicate to the same other over the walls. Nor is it perceived how conversa- number in the same time, in buildings constructed with tion over the walls of the exercising yards can be pre-reference to this object. If then it is admitted, as it has vented, if a considerable number are let out of the cells been by one of the commissioners, that the importance into the yards at once. If they should all be let out at of instruction is never to be disregarded, the difficulty the same time, it would require a keeper probably to still remains, that there is no convenient place for giving every five yards, to prevent conversation. And even instruction. If the teacher, whether a director of the inwith this number of keepers, which would be fifty, they stitution, a benevolent friend or a stated chaplain, can would labour under many disadvantages in preventing only approach the prisoner in his cell, through the exer. evil communication. The tops of the walls of the exercising yard, or the small orifice between the passage and cising yards are not prepared for the keepers to walk on the cell, it will be so laborious as to render it probable them, and the passages between the cells are so separat- that very little instruction will be given." ed from the exercising yards, that the keepers being in The first inaccuracy we notice is, in relation to the the passages, could not easily prevent evil communica- cost of the yard wall which is stated to be $200,000, tion, while the prisoners were in the exercising yards. whereas it should be $100,000. This wall is 650 feet The keepers, therefore, would probably take their sta-long, on each side of the enclosure, and is at the foundation either in the exercising yards, or on the outside of tion eight feet thick, battering to three feet at the top. the wall, while the prisoners were in the exercising The wall is thirty feet high from the regulated surface yards. If they should do this, their means of prevent- of the yard. ing conversation would not be good. If to avoid this trouble, only a few priseners should be let out at the same time in the exercising yards, and these should be in yards separate from each other, it would require a great deal of time from a number of keepers to let them The second inaccuracy we notice is, that the prisoner cannot be seen in the exercising yard from the observatory. It is true, that he cannot in every part of it; but if he attempts to scale the wall, or force the outer door, he can be seen in time to give notice to the keeper who will be on duty in front of these yards, while the prisoners a manner so as to be heard by every person in his cell. are exercising, and can easily secure him. The fear of Each prisoner will have a bible. The instructor, whose detection will operate to deter the prisoner from all at-duty it will be to attend to their religious improvement, tempts. The third inaccuracy is in respect to the ventilations from the cells into the exercising yards, and the orifices into the air chamber, which it is feared will afford a communication between the prisoners in the different cells. Great pains were taken to guard against this evil before the present cells were constructed, by erecting two model cells, in which the experiments were made. The ventilators and orifices are constructed in such a manner, as to prevent the tenant of one cell from speaking to or being heard by his neighbour. The commissioners have no fear on this point. The fourth inaccuracy, is in relation to the difficulty of giving notice to the keeper, when a prisoner is sick.The same notice can be given in this as in other prisons, by the prisoner knocking against the small door, which opens into the passage, in which a keeper or watchman will constantly be sitting or walking. It is moreover proper to observe, that a contrivance exists, which it is presumed the reporter did not notice, by which the prisoner can be seen by his keeper at any moment he pleasWe also feel satisfied that the difficulty now referred to exists only in the imagination of the reporter. es. not only on the sabbath, but during the week, will have ample opportunity of visiting each prisoner, and by sitting opposite the aperture, communicating with the pas sage, and conversing with him, he may give him personal advice more effectually than is done in any prison in the United States, or to any entire congregation of christians. A respectable clergyman from a sister state who lately visited the penitentiary, and to whom the above objections were stated, tried the experiment in one of the halls, whether he could be heard by a person in the remotest cell, the feed door of which was open, while the speaker stood near the centre of the hall. He was distinctly heard, and said he had not the least doubt that religious instruction could be as effectually communicated if not better in this institution than in any other. As to labour to be performed by the prisoners the reporter is correct. It never was the design of the legis lature who passed the law, or of those who planned and built the prison to introduce labour into the system. We have in the former part of this report, shown, that the solitary confinement, which was tried at Maine and at Auburn, is not the solitary confinement of our system; and therefore further remark on this part of the Boston report is needless. The fifth inaccuracy relates to the facility, with which he supposes prisoners can converse over the walls of the Another inaccuracy in said report is, that, "the legis exercising yards. These yards are 8 feet wide, 20 feet lature of the state appointed a committee about eighteen long and the walls 12 feet high. There are 36 cells in months since to examine certain prisons, for the pureach block, therefore 18 cells and yards on each side. pose of ascertaining among other things whether the By letting out the prisoners in Nos. 1. 3. 5. 7. 9. 11, 13. plan adopted in Philadelphia is good; and that the com15. 17. at one hour, you make a distance of 8 feet and mittee reported against the new prison so far, as to pretwo walls to intervene between each cell; a space suffi- vent the legislature from making an appropriation in cient to prevent conversation. Each block would thus favour of it at the last session." This statement is inrequire four hours every day of the keeper's time, two correct in this, that the commissioners were not appointin the morning and two in the afternoon; to be on duty ed for any such object as that above stated, for their duty outside when the weather is fair, and as no communica- as prescribed by the act, "is, to revise the penal code tion can be had inside between the prisoners, and as his of this commonwealth, to suggest what alterations and only business will be to attend on 36 men, he can find no changes, should take place in the system, and to report difficulty in faithfully performing it. Besides if on exa bill to the next legislature, adapted to and modelled periment, it shall be found necessary, a gallery or walk on the principle of labour and solitary confinement, toon the top of the yard walls can be constructed at a mod-gether with such suggestions and observations, as may erate expense; but it is believed by practical men acquainted with prisons that this will not be found neces sary. The sixth inaccuracy we notice in the report, refers to the water closet in the cells. It states that the pipes extending under the whole establishment and commu; nicating with every cell, are to be frequently filled with pure water which may be drawn off in the expectation that the filth will be removed in the current."-Now the fact is, that the pipes are to be constantly filled with water, in which the filth will be kept in a floating state for some time, and then by opening the valves at the end of the main pipe, the whole of their contents will be carried off into a common sewer by a strong current of fresh water; and when sufficiently cleansed, which will be accomplished in a few moments, the valves are to be closed and the pipes refilled with pure water. This can be effected as often during the day as may be necessary. Besides it is obvious to every attentive observer that the construction of these cells affords sufficient ventilation to remove any impurity of air which might temporarily arise. We believe that the mode of constructing these waterclosets, will effectually prevent the evils usually arising from such contrivances, and which arise entirely from the mode of constructing them. The seventh objection is, that "there is no chapel for divine worship; no place for morning or evening prayers; no place for communicating instruction of any kind." The halls of each block of cells furnish chapels. By opening the feed doors of each cell and placing a thin screen in the centre of the hall, from one end to the other, to prevent the prisoners seeing each other across the hall, and the religious instructor taking his station in the centre of the hall, he can conduct publie worship in be necessary, to a proper determination on this subject." They were also directed "to prepare and submit to the next legislature a body of rules for the internal police and government of and treatment of prisoners in the penitentiaries within the commonwealth;" and for the purpose of acquiring additional information upon the subjects submitted to them, they were authorised to visit at least two of the penitentiaries in other states. The partial report made by these commissioners at the last session, had no influence in arresting the progress of the buildings, or in preventing the legislature from making an appropriation in favour of it. No additional appropriation was asked, inasmuch as that made in a previous session had not been entirely expended until recently. We should not have deemed it necessary to notice so particularly these inaccuracies, were they not calculated to make an unfavourable and unjust impres sion, as to the system of solitary confinement, and the character of the buildings constructed under our care to carry it into effect. We deeply interesting to the whole community; and no peragree with the reporter, "that it is a question sonal gratification, or previous bias, or personal friendship, ought to prevent any man from giving all the facts in relation to the case, a candid consideration, and the results a decided and temperate and open declaration." The character of the prison at Auburn, about which author of the Boston report, and which was noticed in so much is said of a recommendatory character by the the report of the commissioners to the legislature of Pennsylvania at their last session, attracted our attention; and we deemed it proper to authorise the committee, * Vide report of March, 1826. who were appointed to prepare this report, to visit the prison during the last summer. Two of the committee, Messrs. T. Bradford, junior and S. R. Wood, who have served for many years as inspectors of the Philadelphia prison, did visit Auburn, and spent a number of days, separately investigating the internal police of that prison. The following statement is presented, as the result of their observations and opinions. 277 fist or feet are now strictly forbidden, except in case of self defence." "It is in accordance with these principles that the rod may be used upon the convicts by the overseers of their conduct and labour in the shops and yards to suppress rebellion, enforce obedience, and to prevent aggressions while in the act of commission. But when the misdemeanour has been consummated and is passed and done, The New-York state prison at Auburn is located in the the offence is to be reported to the inspectors, who are village of that name about 164 miles west of Albany. The authorised by law to have the prisoner whipped in the situation is pleasant and healthful. It is governed by a presence of at least two of them." To use the language board of five inspectors, residing in the village; who are of one of the judges of that state, in his charge to the appointed every two years by the governor and senate. jury in a recent trial of a keeper for assault and battery The officers are a keeper, deputy keeper, clerk, sixteen in whipping a convict; the welfare of society, as well as assistant keepers, who are all master workmen, in the the reformation of the convict, required that convicts should shops, five guards, a gate-keeper, physician and chap-feel that they were in reality the slaves of the state; that lain, who are all appointed by the inspectors, and removeable at their pleasure. The salaries of these officers, amount to $11,430 per annum. The convicts are employed during the day, at hard labour in shops, in the usual employments of prisons, under the constant inspection of the keepers. They are required under severe penalties, to labour diligently in silence, not to look off their work at spectators, not to converse or speak to each other or to any person who does not belong to the institution, and only to a keeper when it is necessary, and then to do it with an humble sense of their degraded situation. they should hold no communication with each other by word or action; that they should deeply feel the awful degradation and misery, to which their vicious courses had reduced them; that they should feel that the ordinary sympathies of our nature could not be extended to them, consistently with the welfare of society and that they must not be indulged." We cannot forbear the remark that men so degraded and debased are not likely to become good citizens when released from their slavery. The foregoing statement is principally derived from the narrative lately published, by the agent and keeper, Gershom Powers, Esq. and corresponds with what the committee saw and heard. "The convicts marching to and from their rest, meals and labour, at precise times, in perfect silence, moving in separate corps, in single file, with a slow lock step, To the politeness and attention of the keeper and the erect posture, keeping exact time, with their faces in- subordinate officers, as well as to the Rev. Mr. Curtis, clined towards their keepers; (that they may detect con- the chaplain, the committee were greatly indebted, for versation) and their appearance excites in the spectator the facilities afforded in the examination. They were feelings somewhat similar to those caused by a military permitted to converse with any of the convicts privately funeral, and to the convicts, impressions not entirely dis- and apart from the keeper or his officers. The comsimilar to those of culprits when marching to the gal-mittee met with several persons, who had been convicts lows." At night each convict is confined alone in a in the Philadelphia prison; and with them as with others cell, the construction of which is given in a previous held free conversation. These prisoners uniformly depart of this report. This apartment is one of peculiar clared, that the discipline was very severe; that under gloom and solemnity. In every cell a bible is placed; Mr. Powers' administration, it was as humane as in the and on Sunday morning and afternoon those who are nature of the case he could make it, but that, under unable to read, attend a Sabbath school in the chapel, a former keeper it had been cruel in the extreme. under the care of some of the students of the Theologi- They stated they could converse with each other in cal seminary, situated in the village of Auburn. This their cells by means of ventilating tubes, which pass school is opened and closed with prayer, and it is be- through the cells, and also that they converse together lieved by the keeper to be productive of much moral at other times. One of the committee was informed by advantage to those who attend it. At ten o'clock, all a prisoner under examination, (who was an enthe convicts who are able, attend public worship in the tire stranger to him,) that the day before, one of his felchapel. They have narrow seats with backs so that low prisoners, who had been in the Philadelphia prison, they sit comfortably, facing the minister without looking mentioned to him the name of this gentleman, and his at each others countenance. A sermon is delivered by place of residence; and they appeared to know all the the chaplain and usual divine services performed, except Philadelphia prisoners in the house, the names of singing. Small platforms are erected at the sides and many of whom were thus made known to the commitends of the chapel, where the turnkeys sit so elevated tee. This remark is made, in opposition to a statement as perfectly to overlook every convict. All the turn-made in the Boston report, that the convicts could not keys are required to attend divine worship at the prison, except one in the north wing and one in the kitchen. After service the convicts rise and march out in single file, under the care of their keepers; pass through the wash room, where they obtain their rations and cans of water, to the cells where they are locked up until Monday morning. The chaplain visits them and converses separately with as many as the time allows, at their doors; and in process of time he is enabled to go through the whole number in this manner. The chaplain also visits the sick, in the hospital almost daily, and he has permission to speak to these men at other times; but in all these offices of kindness he is particularly mindful to maintain the order and discipline of the prison. The punishment inflicted for the least violation of the rules or regulations is whipping. "This is to be done by a raw hide whip applied to the back in such a manner as not to expose the head, face or eyes, or in any way to put the convicts health or limbs in danger; the use of any stick or cane or any other weapon or of the converse with each other; and that, during the whole period of their association, they did not know each other's names, so excellent was the government of the prison. Some of these convicts spoke much of the instruction and advice they received from their excellent chaplain; which the silence and solitude of their cells rendered more effectual, and which by the Divine blessing resulted in permanent advantage. That there have been some cases of severe and cruel treatment in this prison, no one can question, who has read the report of the commissioners appointed to visit the state prison at Auburn, made to the senate of New York, January 13, 1827. The doctrine maintained and practised is, that every overseer has the right to inflict chastisement on the spot, for what he conceives to be a violation of rule, even for the turning of the eye on a visitor. One of the keepers said to a visitor, "we pay promptly, we do not give credit." The following cases, taken from the report of the commissioners, last mentioned, shows the danger of en 278 trusting to subordinate officers the power of punishing, when in the judgment of the principal keeper, or the inspectors no punishment ought to be inflicted. ped by one of the keepers with a cowskin while in a state of pregnancy, and who died in the prison after her delivery, is detailed in this report. We forbear to insert it owing to its great length, but it affords to our minds abundant reason, to bear our testimony against the introduction into our state of a system, in which subordinate keepers are permitted to be at once, the judge and executioner of the law. And it is to be remarked, that it is ers, that this power is necessary for the existence of the institution. We quote their language.-"We have however, no hesitation in saying, that if the power to administer prompt correction with the rod is withheld from the assistant keepers, who necessarily have almost the whole charge of large numbers of convicts at a time, every hope of keeping them in order at work may be abandoned." A prisoner employed in carrying in wood, took up a crabbed stick and asked the guard whether he should carry in that stick, for which the guard made him kneel down and whipped him, and afterwards alledged as a reason, that the prisoner knew he ought to carry in the stick, and had no right to speak to him." "We pre-expressly maintained by the above named commissionsent this case as an outrageous abuse, because the guard had no right to whip in any case, and because the of fence was slight. The act was probably innocently meant, and it was not in a shop nor public, and was such as the agent would no doubt have forgiven. The guard is since discharged." "In the fall of 1825, Charles Wood, then assistant keeper, and since discharged, being in the coopers shop, to relieve Mr. Burr, saw one Beeman, a convict, making gestures, and as Wood said, laughing, for which Wood gave him six or eight blows with a stick, considering the convict as making sport. Mr. Burr, the regular head of that shop testifies, that on inquiry, he became satisfied that Beeman was only making a gesture for a tool, and he was grieved at the punishment, as Beeman was a well disposed convict. We agree with this respectable keeper, who has now resigned his place, that this punishment was too hasty and rash, and therefore abusive; the more so as keepers on the relief in the shops of others should not punish except in cases of urgency. "Doctor Tuttle, who was formerly the physician to the prison in answer to the second interrogatory stated, that cases of punishment so severe as to require hospital treatment were very common, perhaps every month, and that he considered them as abuses, from the severity of the punishment, and the absence of the inspectors. Having in his hand the hospital book, he gave the following list of convicts thus punished, viz. Andrew La Tulip, Bisshell Cassidy, Perrin De Comus, Gardner and Williams." "But on further examination, Doctor Tuttle could not inform us who punished them, by whose authority, nor whether in point of fact, the inspectors were present. He was desired to state each case minutely, and beginning with the case of Perrin De Comus, he testified, that this convict was received into the hospital on the 11th day of June, 1825, the skin contused and broken in different places on his back, and to the calves of his legs quite black and suffused with blood, the strokes meeting each other, that he was bled repeatedly and reduced by medicine in consequence of the inflammation, and had a wash of salt and vinegar applied externally, that he remained in the hospital five days, after which he was sent to his cell but probably not then fit for labour." "Mr. Underwood, testifies that he had seen this convict, and he in substance confirmed the statement of Doctor Tuttle as to the severity of the injury." "In answer to the minute inquiry as to the other cases, Doctor Tuttle stated in effect that these were all very similar. We understood him to state them all from the hospital book." "The commissioners then say, that they made particular inquiry as to the cases above mentioned, but could not obtain much further satisfactory information." It was generally admitted, say they, "that these were bad convicts, but many keepers concurred in denying that they ever knew or believed that they received any hospital treatment for whipping." The commissioners further report, "that in May, 1825, one of the present assistant keepers knocked down one Clark a convict for not coming soon enough out of his cell, and kicked him after he was down. Clark was a convict who had recently come from the New York prison. We report this case as flagrantly abusive; though the keeper in question in his general conduct is a good keeper." The case of Rachel Welsh a convict, who was whip One of the convicts in that prison observed to the committee, that a prisoner had received twenty-five lashes on his back, for inadvertently looking at a gen tleman passing through the shop, where he was, whom he knew. The principal keeper, Mr. Powers, appears to be extremely anxious to promote the religious advantages afforded to the convicts, and to adopt every plan by which he and the subordinate keepers may be relieved from the necessity of resorting to severity. On the whole the committee believe that the govern ing principle of this institution, by means of which so many men are kept in subordination, at work, during the day, is terror. By the time that prisoners reach Auburn, they have become so affected by the rumours of its character, that what they there see and feel, increases their fear to such a degree, that their appearance and behaviour is as abject as those of slaves, but this physical restraint has not, nor can it have any permanently reforming effect upon their minds, after they have left the prison. They may leave the vicinity of Auburn, but their vices accompany them. Doubtless many instances of reformation have occurred in this prison, but they may be attributed solely to solitary confinement, connected with affectionate advice and religious instruction, as their history abundantly proves. The only advan tage, (if such it may be termed) of this system of terror, is the complete subjection and strict confinement to their work of so great a number of men. It is admitted, and will be obvious to all who may inspect the prison at Auburn, that the lives of the keepers would be endan gered, if the slightest deviation from the rules were permitted. It is therefore the vital interest of the keepers, to be watchful and determined. The prison at Auburn, as thus described, is held up as a model in the report of the Boston Prison Society. We apprehend, however, that such a system will not suit the meridian of Pennsylvania. Whipping for certain offences committed in the gaol, was permitted by the act of 1790: but in the year 1795 the Legislature repealed this provision and substituted imprisonment in the solitary cells on bread and water, and it has always produced a spirit of submission and obedience. In our opinion, the system we recommend, contains all that is good in the Auburn system, and avoids that which is cruel and tyrannical. It permits no undertaker to beat, kick and abuse his fellow creature, whom the law has placed under his care, and it requires no resort to such a system of terror and cruelty, to preserve order and enforce submission. By a law passed 1826, the state is divided into two districts, for the more convenient punishment of criminals; one called the Western, the other the Eastern district. The division, we fear, is not a correct one, considering the population and the number of criminals previously confined in the Philadelphia prison. In the year 1825, the year before the division above mentioned, there were 358 persons committed to our prison; of these 31 were from counties, included in the Western district, and 327 from those in the Eastern, of which number 274 |