CIHM Microfiche (Monographs) ICMH Collection de microfiches (monographies) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques Technical and Bibliographic Notes / Notes techniques et blbllographiques les The Institute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the Images in the reproduction, or which may significantly change the usual method of filming are checked below. n Coloured covers / Couverture de couleur I I Covers damaged / Couverture endommag6e □ Covers restored and/or laminated / Couverture restaur^e et/ou pelliculde I I Cover title missing / Le titre de couverture manque I I Coloured maps / Cartes g6ographiques en couleur I I Coloured ink (i.e. other than blue or black) / Encre de couleur (i.e. autre que bleue ou noire) Coloured plates and/or illustrations / Planches et/ou illustrations en couleur n D D Bound with other material / Reli6 avec d'autres documents Only edition available / Seule edition disponible Tight binding may cause shadows or distortion along interior margin / La reliure serree peut causer de I'ombre ou de la distorsion le long de la marge int6rieure. Blank leaves added during restorations may appear within the text. Whenever possible, these have been omitted from filming / Use peut que certaines pages blanches ajout6es lors d'une restauration apparaissent dans le texte, mais, lorsque cela 6tait possible, ces pages n'ont pas 6t6 film6es. Additional comments / Commentaires suppl6mentaires: L'Institut a microfilm6 le meilleur exemplaire qu'il lui a 6t6 possible de se procurer. Les details de cet exem- plaire qui sont peut-etre uniques du point de vue bibli- ographique, qui peuvent modifier une image reproduite, ou qui peuvent exiger une modification dans la m6tho- de normale de filmage sont indiqu6s ci-dessous. I I Coloured pages / Pages de couleur I I Pages damaged / Pages endommag6es □ Pages restored and/or laminated / Pages restaur6es et/ou pellicul6es Q Pages discoloured, stained or foxed / Pages d^color^es, tachetdes ou piqu^es I I Pages detached / Pages d6tachees I /[ Showthrough / Transparence r~7| Quality of print varies / i^-i Quality in6gale de I'impression D D D Includes supplementary material / Comprend du materiel suppl6mentaire Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image / Les pages totalement ou partiellement obscurcies par un feuillet d'errata, une pelure, etc., ont 6t6 film6es k nouveau de fagon k obtenir la meilleure image possible. Opposing pages with varying colouration or discolourations are filmed twice to ensure the best possible image / Les pages s'opposant ayant des colorations variables ou des decolorations sont film6es deux fois afin d'obtenir la meilleure image possible. P This Item is filmed at the reduction ratio checked below / Ce document est filme au taux de reduction indiqu^ ci-dessous. lOx 14x 18x 12x 16x 20x 22x 26x 30x 24x 28x Z] 32x The copy filmed here has been reproduced thanks to the generosity of: Seminary of Quebec Library L'exemplaire filmd fut reproduit grSce d la g6n6rosit6 de: Siminaire de Quebec Bibliothique The images appearing here are the best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Les images suivantes ont 6t6 reproduites avec le plus grand soin, compte tenu de la condition at de la netteti de l'exemplaire film6, et en conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. Les exemplaires originaux dont la couverture en papier est imprimis sont film6s en commenpant par le premier plat et en terminant soit par la dernidre page qui somporte une empreinte d'impression ou d'illustration, soit par le second plat, selon le cas. Tous les autres exemplaires originaux sont filmis en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol —^> (meaning "CON- TINUED "), or the symbol V (meaning "END"), whichever applies. Un des symboles suivants apparaltra sur la dernidre image de cheque microfiche, selon le cas: le symbole <— »- signifie "A SUIVRE", le symbols y signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent dtre filmte d des taux de reduction diffirents. Lorsque le document est trop grand pour dtre reproduit en un seul cliche, 11 est filmd d partir de Tangle sup6rieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants iilustrent !a mithode. 1 2 3 1 2 3 4 5 6 jn ' I INTRODUCTORY REPORT TO THE CODE OF REFORM AND !^> PRISON BISCIFILI N,]E>. (3) Sejbctt's Statibtics. ' ^^fi*>A«nlFV INTRODUCTION. 5 calendars. So remarkable a diminution of crime in a regular decreasing series, is a fact worthy of our most profound attention, when we are considering the efllcls of this species of punifehmint. P^oihinjr can develops the true principles of legislation on this subject more clearly than the History of the reform in I'cnnsylvania in all its stages. In 178G, we find that the various system of labor in the public works was establishetl. Under it, in the three yeais of its operation, and the first year after its repeal, but bcfofe the effects of the system could cease, the average number of convictions in each year was one hundred and nine; in 17!) I it decreased under the new system to seventy-six; in 1792 to sixty-three; and in 1793 to forty-five : all this while the population of the State and (what is more worthy to be noted) of the city, was rapidly increasing. This was the lowest point of depresiion : from that time the increase has been in a more rapid ratio than the diminution : for the first four years aftcrwuriis, the average was one hundred and nineteen, and it has gradually progressed until the average of the last twelve years is three hundred and eleven ; tliat is, within a fraction of eight limes as many as it was in 1793 ; but the population of the State in thiit time had very little more than doubled, (I) so that crime has increased in proportion to the population nearly as eight is to two. Most fortunately for the cause of truth, humanity, and wise legislation, the cause of this ebb and flow of crime is not difficult to discover; and when pointed out, it will be more persuasive to show that there is a check that may be cfiectually ••jjplied to the increase of olfences than the most ingenious argument that could be suggested. In the three years previous to the year 1790, when Philadelphia prison was fifst used for the purpose of inflicting punishment by solitary confinement, three hundred and twenly-eight convicts had been confined. Of these, about two thirds were committed for short terms, and others were discharged by pardon ; so that at the commencement of the year 1790, not more than about two hundred remained. The accommodations of the prison afforded the means of separation for this small number, and the humane zeal of the inspectors, quickened by the natural desire 10 give efficacy to the plan which they had themselves formed, urged on the labor and superintended the instruction of the convicts. In that year, the first of the experi- ment, but before its result could be known, one hundred and nine convictions took place. In the next, its beneficent effects began to be felt ; the convictions were reduced to seventy-eii'ht, and in the two successive years to sixty-three and forty-five. But in the meantime (2)° he prison began to be crowded, solitary labor was necessarily abandoned, even classification became impossible; the same prison serving for vagrants, fugitive apprentices, (3) and those committed for trial ; a relaxation of discipline was the natural consequence of the indifciimi- nate association, and the increase of convictions, in every succeeding term of four years bears an exact proportion to the increased numbers in the prison. This double result of a rapid and before iinheard-of decrease while the convicts vvere separated and employed, and an increase almost in the same ratio when they wer-^ suffered to associate, seems to solve the great probleni of penal jurisprudence, and points to seclusion and labor as an effectual remedy for the prevention of crime : for these effects were produced witliout any change iu the state of society at the two periods, that could be favorable to such results; on"^the contrary, an increase of population while crimes were decreasing, and the same increase, but only of one half, in the numbers of the people during the other period, when crimes increased fourfold. This practical result, so decisive of the truth of the theory, founded on a consideration of human nature, with other corroborating facts, has confirmed me in the design not only of persevering in my (3) PeUtion ef th« Society for FubU« PdtoDi, 1801-1805. 6 INTRODUCTION. first recommendation of imprisonmenl, soliiude, and labor, in different degrees, and under xlid'erent modifications, as the principal aanclions cf the code, but it has become the basis of my whole system ofprison discipline ; nnu from the well attested fact that a ^lan, by no means perfect, persevered in for only four years, banished some crimes, and rajjidly reduced the number of others nearly two thirds, I draw the cheering conclusion tiiat, by giving to the system th« improvements of which it is susceptible, the sum of human happiness may be increased by the repression of crimes and of the evils which result both from their commission and punishment. My position is, that imprisonment, with seclusion and labor, as a punishment, will diminish the ollenccs for which it is inflicted ; but that imprisonment without seclusion will increase them. What will be the ell'.ct of solitary confinement without labor, remains to be tried. The Pennsylvania experiment proves conclusively, that while the numbers were not too great to admit of seclusion, oHbnces diminished; nnd when it was no lo ,cr practicable, "they increased. In all the other >y theelU'ct. (I) Hut with the promiscuous inieicourse of the convicts, ollences increased boih in number and atrocity. 'J'his gieat truth, then, is su|i|)orled in both its parts by experiment, the most conclu-ive of uli proof; when it has been so often repeated, under dilVerciit circumstances, as to show that the uniform result is produced by the same cause, and when it confirms a theory lo which no abstract objection can be conclusively urged. Cut here the theory is emphatically one of that_ kind. Of all the crimes in the catalogue of human depravity, fcinr-fil'tlis arc, in diHeieni forms, invasions ofprivHie j)roperty : and the motive for commillinij them is the desire of obtaining, without labor, iho enjoyments which property brings. The natural corrective is to deprive the ollender of the gratifications he expects, and to convince him that iluy can be acqi d by the exertions of industry. The reuia'iniii>r Jiroportion olollences are such as arise liuni lliu indulgence of tin; bad jiassions, and tor those idso solitude and emiilovmciU are the best correctives. I5ut v.hulever corrects the (ksire or the passion that prompts the ollence, acts in the double capacity, first of puni.rhinenl, until the desire is repressed, ancl, aliei ward-, when tliiu is i 111 clcd, of I'c formation. As an oxamjile, too, it is infinitely inoie ellieaeious ihaii any other penalty. When it is seen that oflenccs which were committed to avoiil labor uud to increase the enjoyments ol'sociely, Icail only to solitude and labor, and that the passions w hich caused the more serious crimes, are to be kept under the rigid restraint of abstinence and reflection, in the fearful loneliness of a cell ; when thase examples are jHrmanent, nntl by a rigid a^ninistration of justice believed lo be inevitable, wlio that studies liiMuan natine can doubt theelfect .' Therefore, the expeiiments of Pennsylvania iind of the oilier States, in the first years of their opnation, as well as their imbsetpicnt "failure have but confirmed a llieoiy true, because it was drawn from tlie woikings ot' ilie humari mind. They succeeded at first exactly in the proportion to the striciness'of the seclusion • they failed precisely in the ratio ol its relaxation. I seclusion ; SoMTUDE and La uon, then, are the two great remedies. How are they (o be employed ? Is the confinement to be a rigid, unbroken solitude, or only a seclusion fiorn the corruption of evil counsel and example; Is it to bo permanent for the whole term of the sentence, or to be mitigated by proofs of indu: iiy and amendment ? Is the labor to be forced or voluntary, and is its principal object pecuniary inolit to the Slate or Iho means of honest support to the convict ? These are the great questions to be decided befijrc we enter on the consideration of a multitude of subordinate details. 0) See report to the Senate of Xt-w-York, and the reportu of all the Slate priioai io the (lifTcrent Sti Wl»?n iiii promiscnoua . the sext! observation ilint, as a pli inhabitants at large ; ar could be de' are sullered evil, what ii old, then ih further subd of these clas coiruptors, until, in son while, the c always be til with it, his ^ found that r difliculties ci exactly to t would prodi together, wl the ntinil I progress so i it receive its greater or le are brought in an inverse until we cor of individua his fellows, must always punishment committing with those t liom the fea discipline w order to jud necessary to how far that Imprisoni .*»tates. In for breache ofltinces : tl' increase rat exercise oft Ibr the supf saw in them .ai«i. INTRODUCTIO?. employed .' nuption of <-') or to bo intaiy, and oit to the deration of WlHjn imprisonment and lubor wnf snliMituted lor corporal pnnidiment, the evl's oC promiscuous ussociul ion tjccaine apparent. Tin.' scparuiion most obvionsiy required was that . llie sexes, and this scenw to liiive been nniversnlly introduced. Hut it required lillle observation or knowled-^o ot hinr.an miture to discover that soiucliiinf; more was necessary ; thni, as a plate of puniblinient, a pcnitenliiiiy would soon lose its terrors, ifthe depraved inhabitants wore sullered to t'njoy the sociDy within, which they had always preferred when ill iari|o ; and that, instead of a place of relbrmation, it must become the best institution that could be devised for instruction in all the mysteries of vice and crime, it' the professors of guilt are sullered to make disciples of tlio-e who may be comparatively i^;norant. To remedy this evil, what is culbd cliissifkaiioii was resorted to ; first the youni; were separated from the old, then the analogous division was made between the novice and the practised offender ; further subdivisions were founil indispensable, in proportion as it was discovered that in each of these classes would be found individuals of dilforeni di'grees of depravity, and, of course, coiruptors, and those ready to receive their lessons. Accordingly, classes were n iiltiplied, until, in some prisons in England we lind llicm amounting to (ifteen or more. Bu., all this while, the evident truths seemed not to have had proper force; first, that moral guilt cannot always be discovered, and if discovered, so nicely apprpcialed as to assign to each one infected withit, his romparative place in the scale; and tint if it could be fo discovered it would bii found that no two would be found contaminateil in the same dej^ree. Secondly, that if those difficulties could be surmountid, and a class could be Ibrmed of individuals who had advanced exactly to the same point, not only of oU'ence, uut of moral depravity, still their association would produce u furthc- progress in both, just as sparks produce a flame when brought together, which, separai d. would be extinguished and ilie. It is not in human nature for the minil to be ^tr.iionai v ; it must progress in virtue or in vice : nothing promotes this progress so much as the emulation created by society ; anil from the nature of the society will it receive its direction. I:! • y associaiion of convicts, then, that can be formed, will in a greater or less degree pervc! '., but will never reform, those of which it is composed : and we ore brought (o the irresistible conclusion that classification onje admitted to be useful, it is so in an inverse proportion lo the numbers of which each class is composed ; and is not perfect until we come to the point at which it loses its name and nature, in the complete separation of individuals. We come, then, to the conclusion that each convict i:, i^ be separated from his fellows. Dut is he to be tiebarred from all other society ? In discussing this question wo must always have before our eyes the ends we propose to attain by the discipline we inflict— - punishment and refbruiaiion. 5»o much punishment as is necessary to deter others flom committing the crime, and theollender fiom repealing it ; every alleviation not inconsistent with those objects, that will cause the culprit gradually to prefer a lili; of honest industry, not liom the fear of punishmee.t, but from a conviction of its niiliiy. That system of prison discipline will make the nearest approach to pertection that shall best attain these objects. In order to judge in what degree the plan 1 propose is entitled to this distinction, it will ba necessary lo examine other systems, and a discussion of their ilefects will enable us to discover how far that w hich is proposed as a substitute avoids them. Imprisonment and labour have been adopted as a punishment in fourteen out of twenty-four Stales. In none of these has tliero bee.,, until very lately, any individual seclusion, except for breaches of prison discipline, and, during diU'erent periods, for the more atrocious offences: the consequences of this ratlical fault were such as might have been expected — an increase rather than a diminution of crime ; and the prodigal, indiscreet, and ruinous exercise of the pardoning power, combined to render abortivi die best experiment ever made tbr the suppression of vice. The people who were taxed for ilic support of these institutions, saw in them only the nurseries of crimp, and were naturally dosirous of ilirowing off the. 'I O INTRODUCTION. bunhen; and it was made, in one important State, a serious question whether they should not resort to sanguinary and infamous punishments. The cahn reasoning and spirit of investigation, which sooner or later resume their place in the councils of our republics, soon discovered that the experiment had not been fairly tried; the cause of its failure became apparent ; and all agreed that imprisonment without separation would never serve either for punishment or reform. Two different systems were proposed to remedy the evil ; one is in the course of experiment ; the other has not yet been examined, but preparations are nearly completed for cniryipg it into ellect on a most extensive scale, ond in a degree that must completely test its utility. In New Yoi'- there are two penitentiaries, and a third is now constructmg: one of them, in the city, is, from its construction, and the numbers confined in it, necessarily conducted on the old vicious plan, which is to be abandoned as soon as the third prison is finished ; the other at Auburn, a village in the interior of the State, is the model for the new penitentiary, and by the partisans of the system on which it is managed, is tleclared to be one llini ought to serve as a pattern for all otheis. That system is briefly this : absolute solitude during the night ; joint labor during the day, but without any communication \vith each other by word or sign ; meals taken at the same table, but so disposed as not to see the faces of those opposite to tliem ; religious instruction on Sundays, received in a bodv ; and a Sunday school in the same manner, twice a day ; both in church and school the same jMohibiiion of intercourse; a full diet of meal, bread, and vegetables ; comfortable bedding, in very narrow but well-aired, well warmed cells, and the utmost attention to cleanliness in every department of the prison ; visiters are admitted, but without permission to speak to the convieta— who on their discharge receive a sum not exceeding three dollars, without any relation to their earnings ; their work is uninterrupted during the day, except by their meals, and IS generally contracted for f)y mechanics, who find the materials. This enumeration is not one of what is required but what is actually done. And the strictness with which these ri>'«3 have been enforced is such, that it is asserted that, among thirty or forty, working together for years in the same shop, no two of them know each others names. Mr. Elam Lynds, a ge tleman who formerly served in the army, has the credit of introducing this order — It was begun with his appointment as keeper of the Auburn prison, and he has executed it ■with most asionisiiing success in superintending the building of the new prison at iSing Sin", where he has had two hundred convicts employed, with no other place of confinemenl"ihan'a wooden shed, in which they slept, and with only eight or ten under keepers and guards, and yet the same industry, order, and obedience, was preserved as there was within the walls of the prison. Nothing can be more imposing than the view of a prison conducted on these principles. Order, obedience, sobriety, industry, religious and literary instruction, and solitary reflection, all seem to promise beneficial ellects on the convict, white the important points of secure detention and economy are attained for the State. Yet with all these advantages I cannot olfcr this system for adoption ; and my thief objection arises tiom the means employed to procure them. It is by the lash, (l)put into the hands of the keeper, to be used at discretion, and by a power strangely i think, declared to be legally vested in the turnkey. (2) The objections to this system are obvious. And first, the anomaly pr--- -nts itself, not to call it by a hars icr name, of permitting a punishment to be iaflicted at the discretion not only of a man at tho head of the institution, but by his under officers, at their discretion, and that too O) "It hap nlroaily nppcaiet] tlmt.ax a mode orpunialinient, nnd aitlio mennii of enforclnff prison disi-iplino in tins prinon, stiiipks aru gi-tiprnlly rcsorlcil to a« a piiiiiBlimciit, in tlie prexerireortlie iiis|)Mtor»! anil lu oiiVorei' obcdiciuc, by the ketptrs, at all timrs irAtn nrcfssani. These stripes are recpiirod by tlio present OKent to lie iii(llctecl fi'o '"'""' "'*'' " '■''* ''''*'' "'"!'• "'"' "PI'I'cd lo tlie bacif, &c."— Powfr's Auount u/lhc Slate I'lison at Auburn, '/o'\*i'^ "''"'" »'''*P<'» ore almost Ihe only mode of pnninhmcnt."— Rfporf qf IHMmichmrtts Society . (2) Uecitiuu olllio Courl in the catu oilhe I'eoplo t». An Under Keeper at Auburn.— >, H ; niul lo cnforco out to lie indicti'il Prison at Auburn, INTRODUCTION. ^ For disrespect, or the vague charge of disobedience, which punishment the law has abolished as S'tX-iniouB, unequal, and cruel, to be inflicted hy the court for dangerous crimes - I'he discretion is United Jy the Court in their opinion, under which it .s considered to be lei 1 olhc enforcement 'of oLdience for its object, and in degree to .he m.n.s.nent necessary icscan-eit. Can any thing be move vague? Obedience to what Lawhd commands s the answe but it is uulawfuUo break anyTihe minutest regulation of the prison ; it is unlawfu toTnv'any breach of them when tho convict is accused by the turnkey ; therefore, if a convict sneakMo lis neighbour he is whipped, and if he should deny having dune so he is whipped.- uCveiy cast i,r which the stripls were declared lawful, was one in which they were severally inflicted to make the convict confess, and when he had confessed, they ceased I ere is eve.-y cha acter ofthe tonure applied, by the lowest ofiicer in the pnsou-and tins by heCou.to Ue State of New- York was declared to be lawful, if the jury shou d think that the chas isement w^ . o "reater i„ degree than was necessary to enforce obedience. Now the obedience rem, red'in Ibis case was the confession; and it follows according to the decision ot the cou t. hat uch force as was necessary to this end was justifiable; in other words, that torture by he on ol- stripes might legally be used in the Slate of New-Yo.k, by a turnkey, against a cmvi ", according to%he c",mmon law, although the Legislature has enaclecU » ihai j anv prisoner in eilTicr ofthe States' prisons shall lefuse to comply wuh the rules, &c. it shall heV^l^M, and is declared to be the lluty of the keepers, u>,cl,-r the dirrclion ofthe Inspectors, to inflict coipoial punishment by whipping, not to exceed thirty-nnic lashes, or to confine them &c I'nM, that, when cor|ioral )n.nishment is inflicted on any person by whipping, it slwll be the ,hl,j of at hast Itco of the Inspectors to he present," J len according to the discii.line of tho prison, as declared by the Court to be lawfu , only ihnly-nine stripes can be inllicled at a time for any offence, and that by order ot the Inspectors, and in the presence of two of them ; but a turnkey, whenever it is necessary to enforce obedience, or a confession may inflict as many as he pleases, witho_ Any witness of his proceedinf;s. I have enlarged upon Ibis head (more, peihaps, than was necessary,) to enforce the posi.ion that he punish- ment by stripes was an anomaly even as it is permitted by law ; and I have detailed the macticc independent ofthe Statute, fbr the direct purpose of showing the principle on which the discipline ofihispiisL-n rests; and for the incidental one of illustrating, by a striking example the difficulty of 'ucing a Statute in countries governed by unwritten law. Here, because the Common La.. ,ermits a school-master moderately to correct his pupil, and an olficcr his soldiers, the learned Judge declares it to be law, that the turnkey of a penitentiary, on institution utterly unknown to the Common Law, has a right to chastise a convict, nay, morn, whip him until he confess himself guilty of an oflence ; and this, too, allhoufjh tlie Lr.'i-lature has expressly directed that when he is whipped it shall be by the direction ot other ofli"ceiB, and in their presence. Yet this derision is law in the State of New- York, and is published as iheauihoiity by which the discipline of this prison is maintained. The next objection to this system is its evident liability to abuse. The talent and firmness, tempered by moderation, the knowledge ot human nature, and personal courage of Captain Lynds, who introduced it, and who began by procuring a waiver of all interloence with his plans by ihe inspectors, have done much present good ; he has introduced order, economy, industry and cleanliness ; he has banisheii many abuses ; and his system, under Ins own di- rection,' although liable lo strong objections, is yet so much superior in ellect to any hitherto practised, that it has been conbiiteretl as a model (I) for the imitation of the world ; and in tiis hands, I have no doubt, that many beneficial ellects will result fioin it. Uut what secu- rity have we that the same rare qualities will be found united in another ! In the coramunica- i: I Account, p. 6S, (I) Keporlof llio MaasacliugettB Society. m 10 INTRODUCTION. Ij lions I have bail witli liim, he says, that liis method may be easily taui^ht. This may be true, but utiless he can imparl his iiUegiity and moderation (I) as well as a knowledge of his disciphne, it will be unRafc to adopt a system, that imisi depend entirely for its success on the personal qualities of the man who is to carry it into effeci. But, even if we were sure of commandinj? all the requisite qualities and talents united in the same person, still there are faults, inherent in the plan, which no administration can cure. Fear is the ^reat principle of this institution, and chastisement of 'lie most degrading kind is the instrument lo excite it. If the sole objects were to preserve order in the prison, it i.-< perhaps as eftectual, but certainly not as proper a mode as can be devised. But, as a punish- mcnt, it faiU in two essential points ; in most cases it will not deter the party from a repetition of his Climes, and very rarely will it takeaway by reformation his inclination to relapse. A superficial view of this subject has led to thebelieV, that the great secret of penal legislation is, to annex a pcna'iy of sulliticnt seveiity to every offtMico; and, accordingly, all the variety of pains that the body of man could sutltjr, infamy and death, have figured as sanctions iu the codes of all nations; but although these have been in a train of exi)eriment for thousands of year^-, under every variety that government, manners and religion could give, Ihey have never produced the expected ellect. The reason is to be found in that insurgent spirit with which man was endowed by his beneficent Creator, to answer the best ends of his nature. The same teeliiigtiiat elevated, refined, and applied to the noblest purpose, animates the patriot to resist civil tyiaiiny, ntul the martyr lo dely the Haiiies, when it is perverted, and made the incentive to vice and crime, goads on the convict to arraign the justice of his sentence, to rebel against those who execute ii, and to counteract its efTects with an obstinacy in exact proportion U) the severity of the punishment. If the grossest follies and absurde-t fancie.^ of enthusiasm, as well as the clear truths and pure principles of religion, are extended and confirmed by severe punishments and (lersecution, what more evident proof can we lequire, that this character of the human mind, braces itself with an equal ciieigy against bodily siillering, whether inflicted lor the correction of error or the supjiression of truth.' The convict, ilierefure, who lias performed his daily labor even for years under the pang or the dread of the hi.^li, will be rather less deterred from the repetition of liis crimes, whenever he thinks himself secure from detection than he would have been by a milder discipline, because the spirit of haired, revenge, and a' desire to retaliate on society, are sliniislated and siiengtliened by the principles which I have supposed to be inherent in our nature. But, as the object of punishment is not only to prevent the repetition but also the commission of ofiences we must inquire whether this discipline is calculated in any degree, to have this ellect ? Its peculiar chaiastcristic is severity. We are told, indeed, that its actual application to iiuliviiliials is not iieipiemly required, because of the certainty with which pnnislimcnt follows tlieolfence; but the dread of it is always there, and the uplifted \a.Ai, although its stroke ib avoided by submission, is, perhaps, as great a punishment as the actual pain, because it is attended with the moral sullerin-r of degradation. We must re;v^at then that the nature of liiis discipline does no more than add seventy lo ilie punishment ; and he must be blind to the uniibrm history of penal jurisprudence, who can believe that increased severity diniini-hes the recurrence of crime's. 'I'lie same operation of the mind, to wliicii I have alluded, that gives the energy of mental resistance to the sulferer, operates by a sympathy invaiiably called into action, on all who, by their state in society, their education or manners, have any feelings in common with him ; and by the same system of severity converts are made to religion, proselytes to impostures, and accessaries to offences. The system, therefore, to judge from analogy, will not deter : Will it reform ?— ■uili (,'? ?''"l.^'''»«,"'" tliekivporal>ovoalln.Io, prey to the ( efl'ectually d whero " con its duration licve will coi if the formei ctrectually p riiy is more strictness ol jections thai (I) Report, INTRODUCTIOK. 11 8 may be true, )wledge of liis success on the 3 united in the m can cure. — ;rading kind is le prison, it is t, as a punisli- )u) a repetition relapse. A 1 Icgisliition is, the variety of inctiunti in the r (iiousands of ey iiave never rii Willi which re. The same airiot to resibt ; the incentive i rebel against )portion to the isiusni, as will lued by severe is character of ether inllicted fore, who has will be rather iom di tection, evenge, and a i which I liave s not only to whether this tic is severity, ntly required, dread of it is n, is, perhaps, al sii tiering of' iiore than add urisprudence, i. 'I'he same 1 resistance to their state in J by the same accessaries to it reform? — Auburn priion, Judging by the same rule, for, as yet, we cannot have, in any conclusive degree, the light of experience, I think it cannot. The force of habit on the mind is proverbial; but those which l;ave this power, are such aa were either formed in early life, or were produced by repeated voluntary acts ; few instances, ii is thought, can be found in which any aeries of con?trnined '"f, have proiluccd the habit of continuing them after the force was removed ; but this t n she subject will be more fully discussed, when I shall explain the reformatory system con' . d in the Code which 1 submit for consideration. I will only now remark that, so far as ;lie !i:rce is applied to coerce the convict into a knowledge of some trade, by which he may earn a subsistence, so far it may produce amendment, but then if the same labor can be made a voluntary act, the skill attained in it will probably be more perfect, and undoubtedly there is a greater chance of its being persevered in. I conclude then that this system, although it avoids the obvious defect of promiscuous confinement al night, and by the strictness of its discipline, prevents many of the evils attending associated labors by day, sitll has defects, that will not permit me to agree with the committee of the Massachusetts Society, in considering it as a model for imitation. Before I develope the features of one, in which 1 think these defects are remedied, while all its advantages are retained, it will be necessary to cxamitie the rival plan proposed in Pennsylvania. This consists in solitary confinement, stiictly so called, by which, say the committee who proposed it, we mean "such an entire seclusion of convicts from society, and from one another, as that during the period of their confinement, no one shall see or hear, or be seen or heard, by any human being, except the jailor, the inspectors, or such other persons, as for highly urgent reasons may be permitted to enter the walls of the prison." (1) To carry this plan into execution a prison lias been erected at Pittsburg, and another is nearly completed, on a most extensive scale, at Philadelphia. This last is most admirably contrived for perfect seclusion : the purposes of cleanliness do not demand the entrance of an attendant, or the egress of the prisoner. His food is furnished without his seeing the hand that brings it; and a complete inspection of every part of the cell is had, while the prisoner can neither see nor hear the approach of his keeper: all is silence and solitude, and, if these alone can woik reformation, there was never a building better calculated to produce the effect. Whether labor is to be permitted or enjoined does not seem to be determined. There is a court, however, annexed to each cell, in which solitary labor may be performed, without much danger of communication between the prisoners. This system is simple, and has few details beyond those I have mentioned in describing it. The advantages expected from it are described in the report to which I have referred. Reformation it is hoped will be produced by the refJections inseparable from solitude, and the severity of the punishment is well described in the report as one that will almost make the patient "///c viclhii nf despair" while lie is "shut up in a cell for weeks and months and years alon >, to be deprived of all converse — while he counts the tedious hours as they pass, a prpy to the corrodings of conscience and the pangs of guilt.", and this, it is supposed, will ellectually deter the convict from repealing his crime, and make the vicious fly from a region whero " coiivicfian produces so miteh miseri/,'" As the severity of the punishment is encreased, its duration is proposed to be diminished ; which will produce a saving that the committee be- lieve will compensate for the loss incurred by the difference between solitary and social labor, if the former should be allowed. It is evident that here the contagion of evil association is ctfectually prevented without the degrading discipline of the New York plan ; that the secu- rity is more perfect, and at less expcncc ; and, if they should make such relaxation from the strictness of solitude as to permit instruction and labor, that it is liable to much fewer ob- jections than the other. If, on the contrary, the plan of the committee, in their understanding (I) Report, 1881. b2 12 INTRODUCTION. Of what is meant by solitude, be carried strictly into execution, ^^f ""''"f^'j^f ;;^';' ^^''f^^^^^^^ labor those obieclions would be of the most serious nature. 1 heir force will be betlei unUer- Itood when 1 show in what points the plan I propose differs from those I have thus reviewed. i premise that no plan of jurisprudence, combining the prevention of crime with the re- fornE of the criminal, has ever yet been attempted on such a sea e as would embrace all [he d "en stges and departments' of criminal procedure. The only ^'^l-™; j, ^ . '„*^ been made, (what is called the penitentiary system,) has been applied solely to the » .'bstilut on Sf mpi sonment for other more'acute bodily ^uflcMing as a punishment '^''-'.^^^X ,irst v .^ espec ation that it would not only deter, but reform ; and the results, .^'^ ' "f/^; '", ' ^.^ of the trial, cave encouraging proof, that, if conducted on proper principles, it must havt the mos bcnenil eflect. But the^relched economy .hat refused the »"-;'"<; J -- f^'^^l rate confinemeiu ; .he exercise of .he pardoning power, ill-adv.sed in ^ai y '- «•' ^^'•, '" othe'^ resulting from a necessity created by that economy ; and the "eglec of moral ";'' "^''' "' ° ^ 8 rated to arrest t!»e course of this first great improvemei.t ; and all the dinereiit hlate commiltees Zt wi 1 ha of Pennsylvania, in the deciaraiion, that the great pen.teiuiary system is no Lnceri operation." But this even if it had been fully tr ed, is but one part (an m.po ant Sdeed,') of a reformatory code that deserves the name. To be perfect in i.s " 'l'-'Ct,2^h a svs'em should bcin by prescribing a plan of public education, not confmed to the elements o • Uera rriut extenL^d particuFarly to the 'duties of a citizen towards the ^"''^j .«"\«f men towavd each other in'every rela.ion in life, and to those principle of •'-■I'f "'.^^l '' ^'^ equally acknowledged by all sects, it would only be repeating trite maxims and acknowledged mu s! were the necessity of an early education to be enlarged upon ; but u is is opeiauon (when extuuled to all classes of society) in preventing offences t uu is here considered; early youth is the season in which the germs of cupidity are to be eradicated ; EradendacnpidinU Pravi sunt elemcnta ; Mi'iiU's supciiiirUiiis Furiuumla; sluJis— et tenertc nimU It is there our lc^'islatlon on this subject must begin, if «e wish that its foiuulation shonl.I be stable. A prejudice has been ente.-tained against religiot.s uistniction in i-ublic nstit ons, from a\ear of their being made the engines of prosely.isiu to seetanan loc- rines-a fear well founded in countries whe.-e there is u dom.na.it .ec , t^ it ..t te, |y g oundless here, where the only es.abli.hiucnt is that of perfect ^^^Mua 'ty, a.id whe e th e c would be no practical difficulty in leaving to the l''»'-^-"'V'"^''"''" L."' ' ^ifn ' ''t e carcofin-truc tint? him in the pai-ticular dogmas of his church, at the ^.llne tu it th. t the S .'t-i l"^ i. vl' icl. all concurred might be inculcated in the public .chool not only as du.es o^ Sitv but of religion. It is astonishing how little ,ise has been made of th-.s powerful 1 , M fv, vhe,, pi^perlv used, .his omnipotent engine, in promoting the tempo lal CO SnsoVsocietv, as well as the most important welfare of the individuals who ecmpo.e U When it has-been called into action, it has been either in aid of temporal o ten ab.oh.te power, or for the aggrandizenie.it of a particular chu.-ch. In o.ir happy oo.nt.y no s ch tIu t need be feartui ; and if this iinp<.rtant part of a system lor diniiui>l.ing offe vva^^^^^^^ "fny undertaking, 1 sho.ild ""-;.f I-'J-' "' ^^^ on this subject, that I tMnk would secure the most perfect cpia ity of rel g.ous iij? It. wdiilet died the incstinutble a.lvantages of religion sanction in the p.eventiou o. cr e. T c'c ulva. tages cannot be placed in a stronger point of ight than is do.ie bv a <,'ri tiem'm to X e mib icatioiis on thi subject 1 have been indebted for much information in fact, a» ^eui .r.Sniu a.-gua.cnt/ « If (he says) the infliction of human puu.shmcut were as certain as impcs-ible for all olfences, t precautions, pro?pect of iu daily inil>ress arrive, ami b alone can, iu then, we are one Supi-cine all his works or jmnisit evt h.iiuau iustit wliieli such i of everv kim reach.''(l) fc all the Christ for years pn the public ii instruition 1 laid down ; although til more than t there have I been observ from the po for a triflinii 1 should fcciu Ibreig were not fi here iiiadc discipline \ but no. em after the m and uiauy, that nuii^t I imprir^onin attention o pauperism send the g (1) RcBCOl ;8) As I'ui' proviaioii I'm tetllic ««aiy spiiit ol'lfsri not i-imfmod tion ill piP" tluiing lliut (3) l-elte Juuicioua rcl INTRODUCTION. 13 ion, without belter iinder- lus reviewed. with tlie re- .1 embrace all lent iliat has t> substitution 'ittion, in the ho first years must have the lions for sepa- nces, in others ction, co-ope- itecoiiimitlpes / system is no (an important ohject, such a ) liie elements State, and of ion which are acknowledged s its operation sidered; early ndation shovild on in public bL'Ltariaii tloc- [;t, but utterly id w here there \vvy pupil, the time tiiiit the )toniy asi duties ["this powerful, • tlie tt'uiporal Is who conipore einporal, often happy cmuitry ir diiniui>iiing L'ct of a statute jlli,'ious i-ii;ht?, •ntion of crime, by u gentleni'iii itloii ill fact, as ituishuicut were „s certain as their promulgation, crimes would be pr^-tedaUoga^^ E we are once able to produce upon ''l*^ " "^''j' "^'^^I.^^J-'of all things, who sees through 0,^0 Su n-cne, Inlolligent, ^^l^-J^l'l^-f B-^f,' S ^70 humu» heart, fnd who ^cill re.o^^^ all his works, and perceives the '^f\f2l\^\^ will not only remedy the detects in me c or punish even/ one according to '^ '"^^'f^^: J^'^j 'in.pection.^r ami pumshmcnt l,uu.an institutions by l''■"y''''"^^ '''..f;" S^ innumerable ortence. •l.icbsuciru.stitutions endeavor in van to SI 11^^^^^^^^ . , „,.^ ,^,,„„y beyond their oVc erv hin.l which they do not !>'-'^.^'!^,*\~{„ "embracing the doctrines common to r' cl '•( I ) Such a plan of genera rcl.g ous "^ ""^ '""' j^J ", „ot mere theory. It has been !>1 .Ch istian sects, and excluding all ^^'^"^ ''\";'°,;'' qo 000 dollars are appropriated to fo ears practise.l in the City of IJoston wl'^i^ "^»' yj,""j^,,^ the forms of religious he 1 u bliciusinictionofchihlrenol every ''j^^X s^eVal ects on the principles 1 have wt on have been settled by the pastors «/ '» f ^';!,^/ ^^ '^,^ , ui^eral experiment, that, "a own; andnich success has attended l''^, j ""^^X/t^n years, and on an average 11 ou"h he schools have been .n operation foi mou, tlK te v ,^^^ ^^ ^^^^^^ ^^^ ^ for a trifling o«"i;»ce.(3) _ _ 1 ..ould apologise ^r drawing ^b^ --^ inJi^c^S^ eS'^f ^^ foem foreign to the plan which ''l'% ^'P"'. '^n',."^^^^^^^^ crimes, and if the reflections •ere not toun, arc re inspection n large cities, are properly ? the means this necessity ij crimes. I{ !i and reform the strongest ne (irovides, two distinct It is intended ily exertion*; a complete or partial support ; and for the few who are totally helpless. Its character, as a noi;sK o.MiBFur.B, will be hereafter explained ; the second department is designated as a place in which vagrants, and the able bodied mendicants shall be forced to labor for their snj.port. This establishment enters most essentially into the plan I propose. Its difterent depart- ments, under the name of poorhouses, workhouses, and bridewells, are known not only in Eiiij;lan(l and the Slates, which derive tlivir jurisprudence from that country ; but in different parts of Europe, but they are there distinct institutions, and want that unity of plan from whicli it is thougiit their principal utility will arise. This requires elucidation. Iftheduty of supporting its members be once acknowledged to be one incumbent on society to the extent that has been assumed, and if the classitication 1 have made is correct, the necessity becomes apparent of distinguishing in what degree the ditferent applicants are entitled to relief; but that system woidd be obviously imperfect that was confined to making this distinction, and granting relief only to the one class witiiout making any dis|)ositio;i of the others. Every apjjlicant, if my premises be true, must belong to one or the other of those classes; and the same Magistrate who hears his demaiul ofsujjport, or before whom he is brought, on an accusation of illegally obtaining it, is enabled at once to assign him his place. Is he able and willing to work, but cannot obtain it ? here is em[)loynicnt suited to his strength, to his age, his cajjacity. Is he able to work, but idle, intemperate, or vicious ? his habits nmst be corrected by seclusion, sobriety, instructiuii, and labor. Is he tuterly unable to pnivide for his sn|)port ? The great social duty of religion and humanity nnist be [icrtorined. One investigation on this plan puts an end to the iiupiiry. Every one applying for alms, or convicted of illegal idleness and vice, necessarily belongs to one or the other class, and immediately finds his place ; he no longer remains a burthen on in(lividu;ils, and society is at once relieved from vagrancy and pauperism. Instead of this simple process, the poor laws are generally administered by agents whose duty is confined to a selection of proper objects of charity, without power to piuiish the i'uposter who preys on the fiuid provided for the poor and the helpless ; and without any means to enable the honest laborer or artisan to earn his subsistence. This establishn)ent once made, on a [)roi)er scale, the plan for supporting it faithfully executed, the second degree in this scale of preventive justice will be obtained. By the first, your rising generation will be taught habits of industrious obedience to the law, a respect for religion, and a love of justice and moral duties. 15y this, which is the secoiul, those who have grown uj) witiiout these advantages, those who have not profited by them, and the numerous clas.- of adventurers from other countrii's, will be arrested in the earliest stages of their profligacy, and taught to be industrious before they become criminal. I am no unaware that this plan is, in some points, founded on principles that are much questioned by many who have written on this part of social economy. Without making this report a vehicle for the full discussion of those [)rinciples, it wiil be necessary briefly to state the objections that have been made, with my reasons tor not yielding to their force. The policy, and sometimes the obligation, of a public provision for the jwor, has been forciblv assailed in England, and by men of high reputation here. Tl)e argument is shortly this, 'riie duty to provide for the poor is rather a moral than a civil obligation : it binds, successively, relations, friends, wealthy individuals, and last of all, society, which can be called on to support those only who arc not provided for by individuals. But if this obligation upon society be once acknowledged and acted on, the individuals who stand in a nearer relation to the pauper will at once disregard a duty which has only a moral saactioD, r 16 INTRODUCTION. .„,,.,. Govern.™. wn,h»v.,.= c„^^^^^^^ ^isiiilili iliiiiiliiiiiiiii .0(1 tlK .1 J '^^ '"^'^' ,,^.,., „,i' ,,t ,.„:„v, without deduction, tl.c whole of thar propn-.y ? hunger, III 01 lei th.it the "t" ' V' '-^' .' _ ■ ■;: , ^„,„.cc to which we can look lor its eon- Tl.Mt thU.lutv is sometimes vcrv onerous ciinnot be denied. A redundant population eaur-e ot this i.\ii, i"*"' '^" • ,. ,. ,■ , ,„.i„c-i|)lcs ii political eeouoiny ; ol that increase; but pnerallv ,t '^ ''^, 'I ,';^ , '' ; ' j J' ,,4,,.,, „f.\^^ i„to an unnatural .vste.n which, by ,.re.u.un.s ami >' ';^^, '■'' .1^ , ^^^^^^^^^^^^^^^^^ with the pro- ^'•"r''f;S.-hbori:n;Z^Sr \oS^^ feeds ot then laboi, a ui uilj .i.i v j^.^^^ ^..^^^ ,,|^, coiniuu- anJ llio wliole population I'i.'iSl.yUO, INTRODUCTION. 17 lliis, according to idleness, ex- , that natural ly to cousunie the y, to reduce tlie u relieve. And li man is a pau- iigdoni. [ibor to a bare of articles lor Mit provir-ion for •li a eoiiutry, an (le should throw iflicult of exeeu- nient is founded whether related ■ of its exercise, e it; which duty all itsnieniliers, fe ; but whelher ' individual, ami igations between lilts ; they result ciation, which is object, iH-operty lEiiied to be of a hat which it was II to tlie others of can it be snjipo- es should die of if their proiieriy ? 1 look for its eon- ioii may, by the support on rela- leaus arc either the coniniuiiity. idant population subsistence) is a csult of a natural coiioiuy ; of that iito an unnatiu'.il ked with the pro- of public charity. ■;i-e, the conunu- 1 be better able to of paupers, 2,193i '5^ i ..a. the burthen, and ou.ht "ot to co^vplain that U '^f;;^ ^ ^^-.S^j^^iS^^li^Jo ;';^xS?i==:^e-n;Ks;^2^^^ Sig!uion,soas.toobligeco.l^^^^^^^^^^^ contribute to their support, would, it '*'"°"S;'J' "°J,°"'[ imprudent engagements which but prevent, by the mUice and '"'f f^':;;;"^;;^" Z"^,;"^^^^^^ ksfen the weight of are the principal causes of poverty. ,^''°; ''' ^J'"^^^.,, ' ^^^^ numbers, bv rendering the objection that a public provision lor the oo ^^"^'^'t^^'^J^,,, u^Ui coiuluct of men adventun.us in speculation, '"^''^V-I^'-'V '";';. .^'-^i^^t'^X/X-t i. produced by the their atlairs. Most of t u> V-'''''r,£i\:f^^^^^^^ «"'» *»"-' poor laws of En:.,H and; but u .-ould seem that ^'^^^ ' •^^'" , T ^ j^; \ .,, id -Uways i.revent Lnse of de,.radation inseparable from a reliance I J^^' "; ; ' 'i>J , ;' ,^ ,,,„,„> conclude this provisiMU bein- calculated on as a desirable '^'^ '"'^,^' *'" ' , luance would have been hat 'the numbers uho are redt.eec to this ex^^rem ty by^c^^^^^^ ,^ ^_ equally pi-o»Vii?al if no such provision had exil. « f^^^'-;,,,'^^^^^ in its w\.ere-the sense of shame is *''^''''': '?!^,'iy,X w^tho exae im its e.uivalcut in labor, det?radin« effects, ami where supi)oit is »ff^' * ^'''^ ""J. ^^"," \^, „,„. 'where the natural i, fs believcl that nothing of this «'"'»'•« "';.7*,'^^.^''i;f. rwlcl"lbor can procure not repugnance to live on chanty is strengthened by tu, ^'^^'^ " ^ . ) '^ '^ .^^ ^,,1., (^ afford. House of Keluge a.id of ^'nUmrV J tli;,; ,JlnS r\^^ e . e mul treVfheacious, iH-eveiUion, in the diseases of the body, '=> '*^'''- '''"""'',.: r.f^Ln.tv to arrest the vicious its commission, and frequently that o its repeUt>o a,^^^^^^^ oVedu.ra' o a."d confinement.- „U1, the system '."ff". ■'""'''•f»lK'"'^,il'^,t" r^^lC^^^^ c 18 INTRODUCTION. J f(iro, tlic rccriilations for Uic one prcsciihc sti ict seclusion and coorccil labor, while tlie (•onfmenieiit and classification of the oilier is merely such as is iiecc -ary for liie maintenance, iif order; and tlie oidy penalty for idleness is discharge, with the certainty of hcing classed in ilie next npi)liculioh for relief with those who uro wilfully idle. The great objection nsiially made to eaiublishmeiits of this kind, is the cvpense. This in a |;riat nifusnre, will be obviated by a wise und prudent udniinisii.iiio.i, by w'uicli lubor suited lo every dcfjiee of streiifjih and skill may be iirovidtul. In our coui\try iliei c are fjicat fr.-iiiiies for this : ;,'arileninf>,"pouliry yard», and the dillerent occupations of ni;ricidlur>; necessary for the suppW of a Zw-^e city, ofibr eniploymcnls of ihemosl healihtul kind, and in which ^on.e occnpiilion suited to every individual may be found. Add to tl ese, a brick oi lile yur.l, a rope walk, chair making, all the manufactures of straw, cotton spinning, weaving, and other maiudlictnres, of which more pe.rticolur mention will be maile when we speak ol the penitentiary; and it will be seen that, by proper management, means will be found to employ all the !•. iianis of this establishment, whether in the seclusion of the house of industry, or the more r iaxed discipline of the house ol refuge : lew are so weak and iidinn as to eoniribulf nothing towards their support ; and the preai ohji-ci will be that there shall be no idleness that is not theelfect of infimiity. Hy these niea' s, the actual expense will bo much lessened, and the comparative account truly stated, between the cost of sulfering lliem to live ni idleness by contiibutions levied upon private or public charity, or depredations upon pruptriy, anj the expense of this establishment will show a bjilance greatly in its favor. W'c are come lo that part of the system of prison disciidinc ap; licable to penal law, in that reflricted sense which cotifiucs it to the prosecution and punishment of offences. In the project which I subu.it to the Le-iMat'ire, I begin witli a part of the subject that has geuerallv been, most unaccountably, most injuiioiisiy neghcted. The danger ot vicious association is universally acknowledged ; its cnrmptinir "mfiueP'ce has l)een pouiiraved by every liirure that rhetoric could supply, and enforced by the mo,l energetic language of elotpience" but its deleterious elU'Ctssiem to be feared only'after condemnation, and no efficient pian has hitherto been adopted, or, a« lar as I am infi'uieil, proposed by any Lpgisluiure, to apply a corrective to it in the incipient stag.s of cri.niaal procediire. Yet here, emphalicully, it is calcidated more widely to spread its iideciion. After r mdiMiniadon there can be no association but of the gui!ty with the guilt) , but in the preh uinary impiisonirient, guilt is associated with innocence. The youth who is confined on sus|)icion only, whcse innocence at the time of his arrest is attested by his subsequent acquital, leaves the den where he was imprftioned, with tuinied moral::, depraved habits passions excited to vengeance, und fit associates lo aid him in pursuits that make hii sei-ond entrance o> the house o[' detention, only a passage to the penitentiary, or, in our present system lo the gallows. In our great cities, where tins reform is most UJces-ary, it scee.s least attei led to. Voices the most disgusting, brutal intcm'cnuice, crime in iis most liideoas and "ppalling Ibrms, are there congregated, and form a' mass of corr;>;)tion, rendered more deleterious from the mixture of imported depravity and native profligacy of which it is composed. The Uiidewell of a large city, is the pLce in which those representatives of human n;(f.ne, in its most ilegradcd shape, are assembled; brought into close contact, so that no art of fram', no means of depredation, no shift to avoid detection known to one may l.e hid from .lie other; where those who have escaped receive the applause due to their dexterity, uiul \'j^ who has silfered, glories in the constancy with which he has endured his punishment, and resisted ilieaitemius to reform him. Here he who can "commit ihe oldest crime the newea sort of way," is hailed as a genius of superior order, and havitia no interest to secur: the exclusive use of the discovery, he (reely imparts it to hie; less instructed companions. Thieves, and all the other offer ders whose crimes are committed upon property here receive the most useful instructions, not only for perfecting themselves in their vocation bor, while tlic ■ inuiiiti-nance, f heiiiif cliisseil )Jection iisiinlly vill he ubviutcil f slit'ii<;ili Hiid Ifiiiii", poultry if a larjre ciiy, siiileil lo every luir in!ikii)<>, nil o( w liicli more ill be siXMi iliiit, esiabiisliment, le of llie house ppuri ; aiKJ the lily. Hy ihese III iruly siaii'd, upon private or ablibhiiu'iu will nal law, in iliat [Feiice-i. In (he II li:is generally s assQciaiion is ^ery ligme iliat nonce; bill its an has hilhortu [ily a torretiive il i:i calculated ociatiun but of associated with ut the time of iprftioned, with files to aid liim passage to the lere this reform I intcinp-.Miuice, furni a mass of irity and native in which those ; brought into void detection, ve the applause 1 whicli he has locan "commit ler, and having s less instructed 1 upon property, their vocation, INTnODUCTION. '" hut of ih.^ proper obiecls on which it may be exercised ; and the comparatively short detention o fa large majority,-' giv.s them the means of im-nediaiely practising the lessons 'I'^y »'^vc received : for it may be fairly calculated that, of those committed, foi trial, three fouriliH (1) e«cBi.e conviction after being detained just long enough to receive instruction in all the n.vsleri' i of crime. This view of the danger of increasing guilt, by communication between thtfCi. ty in different degrees, has bcc:i often considered, and is in a great degree appical)lc to the n^'ociation of convicts in a penitentiary as well as in those prisons we are now consi. ermg. Uut when we adt' to it the serious consideration, that innocence and youth are at all lime« exDo^ed to this contaminating influence; that laws which profess to preserve the morals ana nurityofthe citizen, are made the iimrumciils of their destruction ; what expression can tie too Jwna to mark our asioniahment at the apathy or indolence of legislators, who, knowing the evils bf this synem, can suffer it to continue, or who will not take the trouble lo inlorm themselves on the subject ? Indiscriminate confinement preparatory lo the trial, has, in tins renoi-t. hitherto been considered only in its contaminating effects; and those ellecls are sufficientiy dreadful. But there is another view of its con6ei,uences, its inevitable consequences, which not only shocks the understanding, but lacerates the best feehngs of the heart. 1 1 e only discrimination made between the while tenants of these places of conhnement, is that ot the sexes. 'I'he women are kept in a sepaiaio apaittiien'. the men in as many otneis as ine (I^ In New Yo,I..in lI,o ycor 1828. U.ere «ere commilted tolhe ^^•(i<>-'fr/''Z'rZ^i\^^ht^^^^^^ miUlLnieanor-, 'm\ pe.>o,w OnhcL-, fewor tlmi. 3»1 were l-rouu-lU tc. Ir.al. or t ml ,. t ho "'' ' \^7:";^hicl^ ,,i.r.mi, tried, incl.i.li..;; tliubo who were not co.n.mtled but bulled ;) ot lliose all, IbO wore acqnuieo , wniLu produces thi« result. 2,361 (omiiiilted for Iriftl 361 Convicted, » 2,000 Dincbarged or ncqullled - 1 ,Ua8 In 1*^23. were c^ommttteu, .',*."i'** .i * *i,« The whole number tried that yeur wa» i'J9, of whom 117 wore acquitted, bo that the ^^^ number of those convicted was Total discharjjcd or acquitted ••• ssississ: l, . |« o> eraaon of the law«, into the closest association with the m..st abandoned of their speciesi they must eat, drink a d »lee wilh them. They have no retreat from the infectious atmosphere of the.,- s,v,e y , and, afier having' been th. Torced to enter the school of vice and criminality the 2 000 dis.iplesare turned out '» P^" '" '^\'"'°^! they have learned 1 And this is the wise system of law. that needs no aincodment! This i» the humaua admiuibtration of thein in a rich and enlightened city I c 2 20 INTnODUCTION. priion can aflbrJ, but widioul ntiy distinction between tboin. Tlie innocent 8tran';;er, iinibia to Add srcuriiy, isjuiiii tenant of llie aunic cliainbeis with tliice tiinen convitl'^il convict*; *»il snts Slink in vice, and brutified by inioxicHtion ; pcipi'traloM of every Mifdiiioiis crime, even ^itli lhurde|-cl^> luken in the fict. Wnmi'n of inncK'crice on i virtue are soineliine« r«d, by lliiit iiiliiillowed administration of justice, into an association with nil lliut is isgiistincr in tt'inale vice; with vulgarity in its most olfiuisive form; tviib intem|ier.tncu sunk ,, the lowest depth ■ f* degraUrfiion ; with every tiling (bat can be conceived most abhorrent to i^iid^ls (Iclicary and refinement. Tliis is no picture of tlic imagination : the reporter has seen it. It U realized in a greutiT or lr»s degiee in all the cities of the Atlantic States: and even legislators, patriotic statesmen, iMut benevolent philiinthro|)istB, who hive for years been legis^laiing, and reasoning, and devotii.g their time and talents to the a;iplication of solitary impriaoninei 'o the purpo^ies of punishment afler conviction, have never y -^i taken one efficient step to prevent she demoralizing efl'ects attending indiscriminate association before trial, or to rescue the innocent not only from the inteciion of such society, but from the piini»lnnent it inflicts. For what greater )«■' ""ihinent could be devised for m man of education and morals, used to the refinements of g< il society, limn to shut liim up night and day, for weeks and months, in a room crowded with the vilest oflh« vile, with men stained with every crime? or to a woman, not Kunk herself in vice, (o be associated with the most abandoned of her sex ? Yet such is the humaniiy, the justice, of oar boastetl jurisprudence. VVe begin by inflicting this moral punishment on one presumed, by the firol principle of our law, (o be innocent : wo add to it the pliynical evilof close coiiHnenient, without any of the convrnienciesof life, for an unlimited period ; and when perh«|)s his morals are corrupted by the society which thojuslice of his country luis forced him to kpi-p, and his hciilih is destroyed by the rigor of imprisoiii;)cnt, his innocence is declared, and he is restored to society either to prey upon it by lis crimes, or burthen it by his poverty. What greater moral or physical evil, it may be asked, ^ri^ild have been inflicted on the guiliy, than this wliiih the innocent is made to suller P An t yi vvitness to more than one of the scenes he has described, and which, he repeals, are not extigsreraled in the description, ihe reporter was d-ieply impressed with the necessity of a radical reform in (he system of detention before trial, and has embodied it in the code which he presents. Persons whose liberty, for the good of society, must be restrained, are either those upon whom imprisonment is imposed merely for the purpose of securing their appearance when the purposes of justice require it, or those upon whom it is inflicted us a punishment. The detention of those of the first description, to be just, must not only be necessary, but niust be attended with no privation that is not absolutely required for the end proposed, and i'ot the preservation of order. Each of these two divisions is composed of several subordinate classes, for the government of which dilferent rules are necessary. None are comprehended in the first, who are able to find a sufTicient pledge that their personal attendance will be given when it is called for* The purposes of the projected code require, that those comprising this division should form three classes. 1. Persons whose testimony is necessary for Ihe invcitigalion of some important charge. 2. Those accused of misdemeanor. 3. Those charged with crime. The first of these classes is separated from lite two others by An«viiiently marked distinction. Thoie who c , of iheir liberi j ihot justifies I the same rigl With resp* presumption presumed i i extent. In accuMlion al accused, and true M resf e meaMtve for probftbiliiy < fouiKled the being greate I directs that ' Mlleviation c ,^ means can | i by « compa 1 •;(< society, « I which is n« I nunked in t I shall suffer ^ personal a|i I morals agai important i composing ' individuala I to, also jus i thing to ga I and takes 1 I of guilty a those who A i">!''y'"rJ f 8 guilty of ( II offender; I prison disi before trii has been juiisprudt place for but it is ; carry wit between < latter is, i plan and INTRODUCTION. nn':»er, iinjMo i°™' *"1P''"J"' t° ^i rmrnn^^ young from the old guilty of crimes which evince depravity of 7'"''""* "^""f^^^^^^ ■ ^and on ihe code of oifender ; are considerations on which the c?de of prison ^ '=^ P'^^ ^^^ „;',,,,, classification prison discipline depends l1>e^^l'«I««y^l'"l"°fP*"'*' '*'":„/ ■'^'"S conviction; and it Lfore trial has been provided for with the same ^»;^^ '»«';. ''^^^ * ^ npor'ance in penal has been particularly urged in the '-^PorU <'om a conviction hat^^^l^^^^ ^^^^ jurisprudence has not hithe.lo been P^P^; ^ 't'l^V jn wUi h U s" fl cled as a punishment, place for this confineir nt shall be separate Irou '"'";;"''- ''J^'^','" ^y,^^ ,,,« „anie may not Lt it is called, not a prison but a house o "".^^^^ "^^ed^ 'J fj-^ ,',;'"„ , „ n.e penal code, plan and nature of the punishment inflicted on thein respectively. 22 INTRODUCTION. S£„',^;[';:,S/' ''"'"■•■>'»-"•■''-■' -"•'»"'.'-.p..i.,, ., . p„„is„„e,.,.„d Of impi iniprisoiiinen isonment, ti.e Penal Code directs four grades —simnl„ • .nt .„ close cus.ody, i.nprisonn.en: with lab'o, and l^tnErXI/dr «' ^^r'^'^J'"'^^::^^'^^^ '^^«- of .„ora, wrong, a of rrpntauon, vvlen ,l,e laws are ju a i"to ''•'P'""'"-': "^ "PP"'-^"'- ^^omel, by .he ,„n,c.ion of every punishment. ' R 1 ' '^."^^^^^^^^^^^ necessarily is incnrr nd - loss •''•^^vn, ^nUwhicI. the code VprisoS d.s.,„c,ion which the law ha c-"- 'io .ar. this distin^on, d.a.;^!;l';;L-;^r:^ii%:i^SrST=n:;:^ Clinics. 'J'o are necessary It would be approximatinor i|,ese de.riess of ofTenrp .„„ i i f..Hon the criminal and Hie misdenuana", u A ,nan of Vo .?i.*a,?T ^' '"'"'"""' '° "'««'""« h.c:,k,ngtho provisions of mere positive iav^ but 7;: 11 '' ""^"y ,"">y be gnihy of l"<'P""ion in pu«i,h,nent to conduct him to the sinl Z '"^, '^""'"'■"'Jing all ideas of ihev h;ivo hoo„ ....:i.. ^ ■ . 7 ' "** "O boiw.en simnio ;■.,.„;..,„ , ^ .. f"'-'-'^'ve iiic order of the prison. The disiinctimi i . , ••••'■'=>} M. Ml iisciii'cis, IS ininri».>.,,.., .!.._ . ... I'liuii ino INTRODUCTION. 23 punishineiu and unishmenl, have no more will be with the refor- ionmeni, simple in soiituiif, iral wrong, and rent, ^oineloss nriiy is incurred hose only which ich the law has demeanors and e of treatment, lit to the same lay be fjiiiliy of ig nil ideas of or assassin. A liis description, The discipline entiary ; as no il llie delentioii ni^liment than ^tem, complete instruction are ome food and lever enforced ; len directed by 'lie distinction y e>:|)lained in llie trrutnient the one hiind, rem ill its very io'is, liom the fidewdl have I' (lie present mcDt wiiliout vice to forjret 1 'o (ind the ■-•' i'i indicted 'PI' evil beinff iliscreijon of :i|'portioii the that involved the penalty of confinement, an indefinite evil of bad association was necessarily annexed to it: and if a respectable man, for an imprudent breach of the peace, or for an intemperate expression in court, should be comtiiiilcd to prison for a few days, it depended on the accidental circiimstunce of the numbers ii\ the bridewell, and sometimes on the disposition of die keeper, or, what is worse, on the wealth of the parly, to determine whether he should pass those days in a confortabld apanuient, making merry with his friends, or should drag lliem on ill the f-ociety of felons xNow, the ma>;iitralQ will know the extent of the punish- ment he awards, .'^iiniile imprisonment is defm(>il, its privations, its indulgences, ilie penalties aiipiidiiig the abuse of them ; every thing is accurately marked. Within cenaln limits traced by the law, the.ic indulgences may be restiictcd or enlarged by the Judge, not by the jailei ; according to the circumstances of the olVeuce, not according to ihc cai)iice of a turnkey, t slight of, that every evil inflicted beyond that which is nccessaiilv included in the sentence, is illegal, is cruel, is tyrannical. Hence the care in the codes that are submitted, first, to make the Juilge couline himself in his seuKMice stric'ly within the limits of thu mal code, is referred to here, only to mark the reason of the dilTerent places assigned to these two species of close custody, and to account for the dill'erent discipline by which they are respectively regulated. We come now to the beaten ground of penitentiary rliscipline. The first remark necessary to explain the nature of tlr't system I have ventured to recommend is this: that the penal code assigns this punishment to no ollences but such as b ippose in the oll'ender a depravity and corruption of mind which requires iho application of retbrmatory discipline as well as punislimeni — they must not be separated. And with the respect due to the great writers who have devoted their talents to this interesting subject, it may be permitteil pcrlnps to suggest, that most of them err in considsring the true entf of penal laws to ba either puin-hment alone, or retbrmation alone. A good system must combine them : and the great excellence of the penitentiary plan is, that the process of retbrmation cannot be carried on but by privations and sullerings which, if they do not succeed so as to reform, must necessarily deter from a repetition ot crime in as great a degree as any other buddy infliction could. If the reformation 34 INTRODUCTION. } is complete, we Imve the double assurance nrising from the moral reHlruint anil the remem- brance of the physical as well as mental aiiirering. As an example to deter utlier«, penitentiary imprisonment has been considered to be defective in this, that here tlin real is greater than the apparent suftering ; whereas, it ought to be directly the reverse; the apparent should exceed the real pain ; because the object of deterring; others would be attained with as little injury as possible to the sull'crers — it being a principle that no more evil than is necessary to produce that ell'ect ought to be inflicted. The principle is true when modified so as to require the real suffering to be suflicient for deterring the criminal himself, and the apparent not to be so great as to shock by a belief that it is cruet or disproporiioned to the oflbnce : but is the application of it to penitentiary imprisonment well made? The prisoner is not, •ay those who use this argument, always exposed to view, and, when he is seen his appearance may not indicate the sulfering whicli he undergoes. The misery of a restraint tor years, perliaps for life, cannot show itself in the few moments of a casual visit ; he appears well fed, well clothed, and the labor which he is seen to |)erform is moderate ; there is nothing therefore in the aspei't of the man to show the wretchedness that must be created by a whole life doomed to forced labor and degrading subjection. In this reasoning, however, we lost* sight of two operations ; the one going on in the mind of the convict, the other in that of the man upon whom his punishment is intended to be as an example ; both of which essentially lessen the force of this objection. By the firs), the sufferer becomes by habit if not reconciled to his punishmeii , at least much better able to bear it. Some " strange comfort" finds its way into his cell, and illuminates it with a hope which, though long deferred, does not always sadilen the heart : employment interrupts uneasy ihoughts during the day, and produces the lotal oblivion of them by sound sleep at night ; and the misery of confinement for life, spread in equal proportions over each day, ii so much less in any particular time, that, in many cases, the appareiu is greater than the real suffering of the convict. On tlw other hand, he who is tempted to olVcud, and may be restrained by the fear of punishment, will add to that which he knows to exist, but whicli he does not see, all those horrors by which mystery always aggravates apprehended evils. Circumstances, too, may be 9U()eratlded, to strike the imoginatioii ami increase this ellect, without increasing the real sulTering of the prisoner, while they aMgrnent its apparent intensity. Thus imprisonment even tested by this rule, is far from being so inellicieiit an engine of punishment, whether c >>•:' lered as the means of deterring the oilendir himself or others, as the objection supposes. And, even if we should discard the idea of reformation, penitentiary imprisonment ha; advantages whicli few other modes of punishment possess. It is permanent ; the prison is always seen ; and even if we do not visit its gloomy cells, the imagination will people the.n with tenants of its own creation, more squalid in 8p|)earance and hopeless and dejected in mind, than the real culprits who inlmbli lliem ; these too will have enough of suffering, (discarding any but thai authoriseil by law,) to leave a lasting impression, and to prevent, if any thing short of reformation can prevent, a repetition of guilt. Whatever advantages penitentiary impri- sonment, however, may possess as a punishment, it is certain that all punishments, considered merely as such, have fiiileil in preventing offences ; and the severest have always, without exception, been found the leat^t cflicncious. But, if puni.'.hment alone is ineflicient, the reformation of theofleniler, if it were possible to ellect it without punishment, wouhl be so in the same or a greater degree ; the relbrination of one ofl'cnder would have little ell'eci on his fellows, unless indeed aaiui additional inducement to proceed : but to refute this argument is nugatory, because no nieanj of reformation have been proposed, or can well be imagined, thai can beapplied without imprisonment or oilier restraint ; but imprisonment or restmint is an evil to the suH'erer, uiul all evil imposed in consequence of crime is punishn\eiit : all reformatory discipline thereli)ic is necessarily connected with punishment ; and it would but for one consideration, be iiivestiyniiug the truth of a theory inapplicttbla to the subject if 1 INTRODUCTION. aft tul the remem- ^rs, |)enitenliary is greater than lipment shoulii 1 Willi as little is necessary to ililied so hs Io iii ti)e appnreiit to the ofibnce : orisoner is not, iiis appearance raint for ycar^i, )>pears well (l-tl, here in nothing Lied by a whole awever, we Iwe t'r in that uf the hich eRsentially t'noi reconvilecl miurt" (ii)d» its ;rred, does not I the (liiy, and of confinement particiil-ir time, invict. On tlie of punitthinent, lose horrors by ' be sii()eradded, siullerini; of the I tosteil by this •.'! lered as the Anil, even if VKiitages which voys seen ; and th lunanis of its ij, than the rviil ig any but that / thing short of itentiury impri- nts, considered Iwuyg, wiiliotit inefbcient, the would be 6o in tie elfect on his iliis ar^jiinient is II be imagined, icnt or resimiiii uninhnteni : all lid it would but to tlie 8ubji-ci if ,.,m.d to be true, were we to inquire whether reformation ought to be the sole object of en lenUav discipline. The consideration which alone renders the inqmry proper and il lesametLe highly important, is this : that if reformation of the offender be the only Meet an '•« example 'of the punishment is not to be cons.dered then the endeavor .n siabl sC- a mode ot'discipl.ne should be to render it as l.ght as noss.bie, consistent with the endto be"attained, which, by the argument, is reformation alone; because .t is a true „i» ilmi n„ .rreater evil oucht ever to be inflicted than is necessary to the end ; and I'her f :: me legislator, a pSelyte to this doctrine, should believe that -ild Persuas on a^d indu gencewere better instruments of reformat on than coerced labor and rostra n, and shouKct on this belief, the example of the punishment to deter would be lost ; a."'! l'0"gh one convict might go out a real or pretended saint, seven smners would pursue his tiack of p oil gacy socle Ihat, even if detected, instead of punishment they would •;eceive only a Ivicf and indulsence. The doctrine, therefore, that reformation is the sole end of pen eniiary pun sLent, deserves to be examined. If it mean the reformation of the culpnt. and of-all who mi"ht follow his example, (as the language used by one of its advocates (I) luld oerrans Sifv us in believing,) the dispute is one only of words ; for .f the punishment rt -therS^^^ prevents tiro other from committing ''-,™. '' --' ^« becaue he fears the evil of the reformatory discipline; he is then deterred by the example, and ve arrive by different roads to the same point. But, more fairly cons.dered, the a?.umenti this : crime is an evil, punishment is an evil ; to p.mi.h, therefore, is to multiply TnSol d m ni htn. it, unless it will deter the olTbnder as well as others : but it is proved, by onrex°LS hatVnishmenlhasfliiled in this effect : there ore u ,s useless. Again.expe- See I as proved iha severe are much less efficacious than milder punishrnents ; ■ t.s fair ten ^Sn!^:iJ'b;rr.J:;uSa^^^^ Sy f^lL^i^hatiti n.t,.p^^ i;^ VnWrc^^itimaT o§ea"orpu:-:hlnr:Tf c^^^ have been diminished by penitentiary mnr°ronmH Then it tould nil have been the punishment that operated, it must have been soSing el^e. and that something should be the great object to keep m view-it is reformation. \ fl.e-'t error at the boti'..n. of all this reasoning is one already referred to, that reformation ,3 coSred abrtrlctedly, wlil.o.ii any consideiution of the means by which ,t is to be brough nbout Si is the evil o the punish of seclusion, and which is inseparable f^rom it ^1 L. nni nltVt.iUin.T is that supDosiuT reformation effectually to prevent a repe ition o Ihrcnnebv ^e olit d'e \ r~^ - "o -"eans of discovering how this will "■'■"•"'' ,^„V'f"/'^" "'„,,. ^ tear of the reformatory discipline, which, being K i^s na rTa : Uhm nC la cSrded by the argument from having effect, '^.e other a iTc OS are first,' n placing crime and punishment as eviU of the same nature. Cnina .3 an ev on raliu on society ; "punishment, in the just degree that wil prevent or lessen crime, nfTrVX^bcimr an evil IS a 'rood ; its pain i'. only felt by the delinciuent: he immedKitc pain o he c i ! m y p haps onlv ;.rect'the indiviiual sufferer by it, but the a arm itcrea.es. ri'c^n'u.v Ihat.unl^s reple^ed, u will '-epeatcd spreads through Uie -)- « CO'nn-n.ty -ind the urcertaintv, who will be its next victim, makes it an evil to a 1. llie eiroi lies in Tk n Mlm^bi Sed which is ,n dispum, ihai the dread of punishment does no deter fro... fee And when that comes lobe.iuved, it is done by another fallacy; there have al way 2e,rp:,oisirmentr-"^ il'e-e Lave always been and still are offences; if punishment would (1) RU»C(.B O 26 INTRODUCTION. n ■ I would be necessary to show a state of sorip.» in iLi.Jk '.i ".h-is not this effect, it experiment has been ever trff on thrconT.lfv Ihn 7' ^"' "? one pretends that this is .i.eph.in and rn^vLrbi^tru!:; i&'J^^:L^^^:::i^:::tr^y ^'^jf '^'' would be a useless, and therefore an improper evil. "°'^*^^'^ ^™""' '""'"ed as a punishment, Bu't"!f!'ir'"'' ."'^'■«''°'^' is to be used, in the plan I propose, to punish as well be strictly defin^ed b^" ^e l^w »^Tn7di creHcft to tEf '"■"''f' 'f""'"!!' ''^ ''^""'^ '""" niakes hij,, and not' the jLgefXtS ^ e eu P^^^^^^^^^^ limits to his authority, change^he sentence of a few yeS confinement rt^'Zl'""' ^'"i""^ of exquisite misery, fol owed bv loss of health m- of llf/ t„\i i j ■ " ° '"^ ^^"^^ t^^'od any penalty: J\vhere a 'f^ltrSn^s tiv^^^ in extreme cases for its ahuap ir u^ „*" . V- ,• . "° penalty except r^^r«,/«^eo„ of his situation. If labor L supe ad^ed ITl Vni f ' '" ""•/"' "^'^'^^J/ «" J no more by enforcing a li.eral execution of he sentenf^ The law .ll '''''■•'?'°" """^ ^'^ J""'fi«» that can be foreseen, reaulate the conduct of thni .1 'I'l """''' '" ^'^""y P«''icular be committed; and after e^erypeca.Zn that Li tru^^^^^ keeping the prisoner is to passu n, or pride of opinion In'^the kl^.^rXyTZCo^^^^^^^^^ system, and his intelligence, firmness, huraanhy.^Krict atSon m •""""?" ^^^ ^ K^oil evils, and supply some of the omissions which evpn .1 1 h f'"'""°"' "'^y co"ect some of the llie importan'c'ei:f this off.ce i^Tna ka 'ed n the Vt '^fSt cT-^ ^^'""^ '•^«^°" for Its exercise are pointed out as a t' prisons has nly«ppoin(ed consisting of of convicted had no moral artarus, such er to prevent :ode become? INTRODUCTION. 27 wroner. in order to break the chain of ideas which might otherwise, from that circumitance, assimilate the character of an office calling for high talentP, and honor, and integrity, with that of an employment the natural tendency of which was to make him who exercised it, an extortioner and a petty tyrant. I return to the position, from which I may seem perhaps to have digressed, that the law should be so framed as to restrict as much as possible the discretionary power ot the keeper ; it must desioiiate the punishment due to the offence, either by an invariable rule, or by a discretion left to the Judge to make one within certain limits. 'I he Judge must apply this rule, bv declaring the puiiishmem, if it be 6xed ; by apportioning it to the degree of the offence; if he have a discretion. The punishment once ordered, that system is strangely ilefeclive which unnecessarily permits it i be aggravated or alleviated by an inferior olbcer, at his will It deserves a worse epithet if it hold out temptations for him to do it; and ilie strongest that could be used to express disapprobation, would be merited if it is inculcaited as a duiv But the system of social forced laiior mates this discretionary power unavoidable ; for noihinc. we are told, (and I believe told truly,; nothing but the lash can preserve the proper discipline in such an association. The punishment, then, necessary to execute the lenience of the law is on this plan, so far from being directed by the sentence, is ore expressly orohibited bv the law under which that sentence is pronounced, and therefore ought nevef enter into any subordinate part of the system. What could be more incongruous than to snRlch the scourge from the hands of justice to place it in those of caprice ; to declare it too se- ve •, and degrading, and demoralizing, and unequal, to be applied as a punishment for crimb, at the soun^disciltion of the Judge, and, at the sime time, direct that it shall be inflicted for S sobedience to a subaltern officer Sf a prison at his pleasure ? 1 could not, therefore, offer any p an of imprisonment tha- would make this absurdity necessary Other d'^advantages which [ e inseparable from this discipline, have been detailed when I described that of the New York Sons, of which it form's so prominent a feature. 1 discard it, therefore, being hrmly convinced "imt, as an insrument of 'punishment, it is not orily defective and dangerous, but that t cannot be brought to produce that reformation which is one of the essentia parts of my Plan. But social labor, whether general or in classes, (if those classes are at all numerous,) cannot be carried on without it, unless the security and order of the prison be put at hazard - SocM labor, therefore, must be abandoned, or so modified, and admitted with such precau- < ions, as to lender this anomaly unnecessary. The manner in which this has been attempted, requires some previous examination ot the principles on which it is founded. We have in former parts of this report, considered the question wliether punishment, as an object distinct from reVormation, should not enter into the sanction of penal laws; and were brSitlolhe double conclusion, that it was necessary, and that no reformation could be o oduced without it. Imprisonment has been examined as a means of inflicting pumsiment, and in" is and in the introductory report to the penal code, has been compared with other corpom punishments, and been founU to possess, in a greater degree than any other, the eSa Rperiies to render it eflectual. Here we need only add that there is no other means bvwirch a reformatory process (necessarily requiring time and a succession o operations) can be carried on; no labor, no instruction, without detention; no reformation wihout empWment wiihot^t instruction, religious, moral, and literary. It must be remembered that ^earJnow speaking of the prison discTpline proper for convicts, for men already corrupted; to whom for the most^art, labor was nec'essary for support, and who resorted to crime in orde To avo d" t Labor consists of a number, of a succession of bodily exertions, always painful when fn-st endured, becoming tolerable only by the habit ot making them, and never volun- Ta ilj ^^rted to but from the hope of some enjoyment they are to produce ; these two cause. , ->vi 28 INTRODUCTIO.V. further 'llu3tratecl by investigatin ' ihe cau e of n^ ^T- H^'^^^^''^- '^''"'^ '"isl't be labonousroc.;ea.ioni, which are^fen^^^^^^^^^ fatiguing in u degree not fivqiiently siiliere bv . J ! 1 , ? ^"' '' '" ^"''^""'c toil •I'e exhilira.ing effects of fresh a ^ f cietv" ami 1 ' ^"T , '" ^'"'^'^ 1""'^' presentenjoyment that is not found ichTv^^^^ vew of , .e bointies of natnip, ^mv.. « go beyond the point of agreeable JxerSZ-vro? ' 1 T -"''^ "'""'^' '''''' '"'''■" "s to have been stated, and by tCc, self-satisf c ton a 4 " i'f a con^ '"""'" '^"f ""^^ «'-' iome and piMviiin, indecil, ., . - .etnrn, is idennSh':^^':^!;! ^ll^ '' '"^ ^^'^^^^^^ do^ScllLort ^e PHin of which, habit has ahea 1^ a "viX '• .o Lrr^'r "'" '.'" ^."'-"^ ''^ "'"'^'S" Imve become terms that are nearly synon^ious ""' ''''"'■"' °*'"'^ ^°'=«^*' piaJ;^!:?:;ri'^v:Ji:;i:^\c^-^^-^ thi. association, .„.,. by the presence of his .;»..».';, a J=;',;-:^^'1«-,P|!;>^^^^^^^^^ ry that awaits his "r t"e presence of his mistress, and refi"r h^ L Z " '' , "'" I'ope of being re h.3 toil was endured to this very ilTust.ation f ' '' *"'' ^'^^'^ ">« P'^a'^re will 1 which r«;i.uXi,s.''r '•■'"'■"' ' "•' '""" '■'»' tenat.on of ideas ; and whenevcrthe coerc nn^ . """ ''^^^^^ '"'"''"'^'^ '^"^ '''•'•^^^f"' conca reHections by receiv ng intellectual in=.r.,^ ;„„T' """'' *^^" ^^ diverted from its nw„ last' i.';i;.7on';::;™:°ri:!;i,t'-r„"? f?""°'™'"./-', m-p. »..p-or ,„ i,...„i., ,„ „ INTRODUCTION. 29 3umble piirsiiii ; IJiing, ideiiiifiH.i ies be-tinvc i by This ini^^lit bc lia-p, and ctiiei- 110 toilsomn and iii-'^inU, indeed, llatlllP, ^rivy a ■cr iiidiicj 113 lo llie causes that dexterity and mestic comfort, elie utuleigoes, •OS of the cliase cmtio!), in (lie )eing rewarded ire with which igated by any rer be resorted Jrated with it eadful conca- o fatigue will ike the ciilp,it alleviation ot the sepaiatc eir repetition ature, which "iry idleness, lich (setting tudewiihoiit ^roin its own noks : these, mviet by tht nsity to the ' this, so far 'rincipies of isiired so as icer, would d change a wntence of confinement into one carrying with it los^i of hciilili or iitV . fod, therefore. wholesome in quality, and in abundance suflicient to satiny ihe iippoiiiu and rinpport life, but of the' plainest kind, without any variety lo stimulate, or delicacy to gratify the appeiiie, is allowed to the convict, hut it is all he is entitled to; and thus another privation is aikled to those already enumerated, as concomitants of the punishments directed by law. Hit this is not all : men disirenot only liborty, recreation, and tlie indulgence of the appetite; but also a shelter, and clothing, fitted to the variations of he season : and in civilized life there are certain refinements of indulgence in these articles, the privation of which becomes a severe j)unishment, when we are reduced to what is strictly necessary, I'he action of these natural inclinations, their restriction, and partial indulgence, constitute tlie niovin-r power of mv system of punishment and reformation. "" Imprisonment, solitude, want of occupation, either for the mind or body, coarse aliment-i hard lodging, clothing of the roughest kind, are the evils of which punishments are compose I • their duration, their intenrily, their cumulation, are the means proviJei' by the Penal Cnd.' for adapting them to the different offences; their alleviation in different degrees art- those designated in the Code of Prison Discipline for producing lefoiin. It the reasoning already employed be eorrtct, no succession of involuntary acts to which adults may be coerced is likely to i)roducc permanent iiabits of icfonnatioii ; tlav pm^t 'j- the effect of the will, operated upon by the judgment, producing a conviction 'that -uch acts are beneficial ; and experience must enforce this conviction, by giving the aetu.il enjoyment ot some, and the certain hope of other benefits, that are the result of these acts. With evil habits it is different : for the most part they arc ac(|uired by .< repetition et acts procurini.' sensual enjoyment; and the judgment has so little ageiicv in proiJucin •• tiiem, that it must be silenced or perverted before the acts of indufgenc'e are dijiie a- repeated. It is for this reas-jn that tiie work of reformation is more (lilficult than that of perversion : tlie one recjuires intellectual power sufticient to prefer a distant iuid n^ral gooil, to a present and jjhysical enjoyment : the other coincides with the natural piwiaiHity tor present enjoyment, reckless of what an uncertain futurity may produce. And tur tliis reason ;i!so it is that the work of reformation is slower in its operation than that t)f eurrup- tion. A single instance ill which distress has been alleviated, or expected good has been realised, by labor or exertion, would liavc but a temporary etlect ; the operation :>:Mst be repeated, ;uid be made always to produce the same result, and the iudaniciit Miisf be thoroughly convinced that this result is invaritible, before it can counteract' in ilie Aill the natural preference of present cnjoyineiit to future good. 13iit to produce thi- eJfect tht mind must be improved by intellectual instruction ;"'it must be taught that there arc <)thei pleasures besides those of sense ; and religion must be brought to bear its part in the vork of amelioration. The deep solitude of the prisoner's cell, the awliil impression which must be made on his mind, by contrasting the fleeting enjovinent produced liy his crime " with the lasting evil in which he is plunged by its conscfpiences ; the privation of facticious excitements; with no companions to applaud his perseverance in wrciig; iiu nie.iiH of drowning refiection by intemperance ; no acute or disproportioiied pain t'l) brace liii i up against real or fancied op()ression ; the heart must nece-sarilv bo solteiied lb'- M>irif •subdued, and the mind pi-epared to receive those great truths, which, under suet, circumstances, may be inculcated to the liighest advantage, more especiallv when thi* combined with literary instruction, is offered, not as a ptirt of the sentence, but a« aii alleviation of its rigor. The spring, then, which sets in motion my whole macliinci y for producintr reform, U 30 INTRODUCTION. this : that all tlic acts which, by their succession, are to produce Iiabits of good, arc to be performed voluntarily, and are ofl'ered ns alleviations of the severity of the sentence : the will must act, or the roi)etition will produce no ett'cct. But, to operate on the inclination, sufficient inducenKiits must be held out to overcome the natural repugnance to labor : and this brings me back to the detail of those modifications of imprisonment, and its concoiuitant labor, which I offer instead of the strict seclusion of the Pennsylvania, (1) or the severe discipline of the New York system. To understand them, a clear idea must first be given of the place of confinement. It consists of an arched cell for each prisoner, of small dimensions, but well ventilated, and comfortably warmed, communicating with a small court, surrounded with a high wal . The sentence of the law is confinement to the cell, supported by wholesome but coarse food, in suinclent quantity to satisfy hunger, but without occupation, and with no other society than the attendance of those officers who minister to the phvsical wants of the prisoner, and to his religious instruction. Privation of employment is denounced as a parlor the punishment ; and this circumstance alone would, with most men, cause it to be considered us an evil, and the experience of its effects will soon cause it to be felt as such j of course it will be connected with the idea of suffering ; and occupation being denied, will from the propensity to wish for that from liich we are expressly debarred, be estimated as a good, and desired with an intensity proportioned 'o the strictness and length of the privaticn. To strengihen this natural desire, other inducements arc offered. He who labors lessens the expense of his support, he who works skilfully and diligently may more than repay it.-— The advantage of this beneficial result must be felt by the prisoner as well as the State : if the proceeds of his work should not be sufficient to cover his expenses, it yet produces for him abetter diet ; and if persevered in, and accompanied with good conduct, for certain j)robalionary periods of six and twelve months, during which he is permitted in the day to leave his cell and pursue his solitary employment in the court, he is indulged with the privilege of working, and receiving instruc'tion, in a small class, not exceeding ten : but, if he acquires such proficiency in his business as to make the proceejjs of his industry exceed the expense of his support, he ii allowed the immediate enjoyment of a part, to be laid out in books, or such other articles as he may desire. Those of food or drink aro e.vcepte(l, in order to avoid irregularities that would otherwise be unavoidable; and the residue of the surplus is an accumulating fund to be paid to him on his discharge. To give the greater effect to these inducements, they are not offered to the conviction his commitment to the prison : first he must know and feel the unmitigated punishment; his OM-n reflections must be his only companions for a preliminarv period, during which he is closely confined to his cell; he must live on the coarse diet allowed to the unemployed ])risoner ; he must suffer the tedium arising from want of society and of occupation, and when he begins to feel that labor would be an indulgence, it is offered to him as such ; it is not threatened as an evil, nor urged upon his acceptance as an advantage to any but to himself: and when he is employed, no stripes, no punishments whatever, are inflicted, for want of diligence; if not properly used, the indulgence is withdrawn, and he returns to his solitude and other privations, not to punish him for not laboring, but merely because his conduct shows that he jjrefers that state to the enjovmcnt with which employment must always be associated in his mind, in order to produce 'reformation. If it has been shown ! 10(1, arc to be eiitfiice : thu : inclination, lubor : and iConcoiBitant or the severe finement. It ntilutcd, and u high wal . ic but coarse it!) no other tvants uf the L'd as a pari ot je considered h ) of course d, will from stiniated as a lieprivaticn. rs lessens the 1 repay it.-^ the State : it" produces for t, for certain in the day to cd with the ng ten : but, his industry a part, to be or drink are hie; and the charge. To ivict on 'lis shnient ; liis ', which he is unemployed ipation, and I as such ; it any but to lue inflicted, d he returns rely because )yinent must been shown ose instructive le plan of strict a a probabilitjp INTRODUCTION. 31 .hatinvoluntaryact.t^e™,.<2.e.Uwm.u.g^ such as will not »ccep these «"^^ "^^^^^ ^ "bu experience sl.ows that these exceptions ;;:u;^^ry^^v:r^L"v^^^'c.X"^ ----•-• ^"^ >-"' '^ •■" '"^^^ '""''^ preferred to solitude. ...»n» nnrt f.f this plau. that education and intellectual improvement, as It is no ununportant pait ot tl is I '»"''"»; ^ inducements for the exercise ot industry, well as niere physical cnj«y"''^"*t"'f, h;"*" J^^ed^^b^^^ of books combining enter- skill, and good conduct. 'Ihesc ^-^^ J" Ji=,,'*=^^^'f ^.£ ^^^^^^^ of exercising the mind ia tai„mentwi.binstruct.on;te^.^.^^^^^^^^ science, or the haml in ">^ "';'''^„ ..erhans the most efficient means of rctormation ; 5'»P'"vi"g.«K'''- S"^ !.P"?"1'LS ESf which is the first and most difficult point ■ 1 .1 » .1 •. :- n ttionrv tnn refined to be adapted to depraved and degraded Let it not be said that this i=, ?., '^°^y J^^ ' ^.^ „„,u,eg,aded arc men ; their mi.uls are convicts. Convicts are men. /j''' ~f ^ ^^j'tUo^e of others ; they avoi.l pain with the moved by the same «f '^£- that g.e act vy^ actuate their fellow mortals. same care, and pursue Pl'^f ""^^f;;'"' '^ '"" „ j;;^^ produces the criminal actions '\ ^^'l? ''"romnt ' 1^ ^ f ihem int'o f cielat'vill pVo'mote the true happiness of the which they prompt. ^"^ ,".'"'""-""''.„.,,.„ ,,,_. nf .nc-ictv should be the great object ot ,„r.vi.!ual, by J-»<'"S ';;- -^- u am aiVto me, I es'in'coS^^^^ them' as beings of a penal j.-nspnulence /»'« ^'J^^^'^^', P'^kvation, and so bad as to make any amelioration nature so inferior as to be upablot^^^-^^^^^^ of intemperance, idleness, ignorance, mip'ssible; but '"'""c >s inc «■ . ' ' „j/t ^f any defective natural organization; vicious f^°'='»'\°fVorn,t'trc%mreSne^^ and continual exercise of these causes, are and the laws which permit the "" ^' "'"^" ' , .emulators, to cover their own inattention, themselves tlK sources of those exc^^^^^^^^^ Supreme Being, as if he or indolence, or ignoraiice, ' ™ P ''^ ' V,L "^^^ „ood. Let us try the experiment, had created ma. i»cap^»^'« "^ ''^,^f'^ '^^^^^^^ It hAs neveii before we pronounce that even ^'^'^^^'a^'^^^^^^ ^^,^^^^. ^^,^^,^ „o„e Las VBT«EKNTR.K... Evcry Pl'»;>j'''i^:-,'?.f l-,:r.f.,,:fX, never can succeed. It w^ould be a 1 incapable, I produce all the before we pronounce uia^cv..^^^^^^^^^^^ ;^ „,,„if,3j,y ^^feetlve, because VBT heks tr ki). 1-very P i'" ' •■ . , f „,ejies never can succeed. It w co..temi)lated ^^^^P/^y iter's deep s^ se of li s own incapacity renders him i P'''^*"\"''r";v thSffi^^ Uiinkthat it will prodt ^vel•ehetoi;ay,that^vha heontrsis^^ ) he may be permitted, pc mimmmm 32 INTUOUUCTION. I nssfit that tlifiu arc in tlic licuiiiig art no lU. produced, is us great and fatal an cnoi as to .._, „ iistfiil rules for preserviui,' the general health and hodily vigor of the jVatie A reference to the text of the lude is all that is necessary for the details by which it liati been endeavored to tenipe the ri-or of solitary contincnient, by useful employment and instruction, as a favor, to be withdrawn when neglected or abused ; by the hope of enjoying society alter a probatioiiiiry period ; and i)y the innnediatc rewards of labor and skill in procuring social cointorts and otlier conveniences. The indulgence of society in labor and instruction, which is otlored as the greatest inducement to good conduct, bus its value .■nhauced by the (k lay and perseverance In industry, which are prescribed as necessary to Its attainment; and, when granted, the number in each class is so small as to preclude the iiccessity of any severe discipline to maintain order, which it is supposed may be preserved bv the precautions that are |)iescribed, bv the fear of forfeiting the privilege, and by the advance towards reformation, which must be made before the indulgence is granted. Tlic average term of confinement may be assumed to be from four to six years for such crimes, athcting property, as are aUen'ded with no circumstances in their commission to sliow greater depravity than the crime itself supposes ; of this linu>, six months must necessarily be spent iii solitude, with no nlieviation but labor ; twelve more in the ,bilitv of r()rruptiiig associations, with the daily experienLC of the actaal enjovments iraiiuM. by diligence, hearing no precepts but those of religion. Mioralitv, and science, and tlu.se inculcated not iii the harsh lani.uage of reproach, but in tlie mild'yet firm iiecents of a(,vie<, i.ioiiuuiicedby men who takeuii interest in the welfare if the convict; and with ., , ^ , •' ■ -T""^ ""'" '"i^ I'll'"" «i uLiiur, a wiser, unci a iiappier nui tl.uu he entered. Hut these happy effects will be counteracted ; the care, labor, and expeii-e, ot your relormatory disei|>line, will have been uselessly incurred ; if vom pr..-elyte to virtue and industry is to, have the one exposed to the seduction of his formei assi.ci:itcs and the other ivndered useless by the want of means to exert it. It will be in vain »ltut you liave given hnn the skill necessary for his support, if no one will alKml him ai. o|;:H):tiinitvofusingit, or that you have made oini an honest man, if all the world avoids l.im i.^;\ villKin ; his relapse is certain, uiiavoiuMle, and his depraviiy will be the greater tr.^,1, ihe experience that reformation has been i-ioductive only of distrust, want, and iiii newly acciuired habits of iiidustrv, and cause him safely to pa>.s the flangenai^ and trying period between the acquisition of his libcrtv and restoration to the coiitvRM.rc ol -oeiely. Iiulep.tideiitly of tiiis resource, the industrious convict receive^ at myi.- -liaim, a proper proportam of his surplus earnings ; he receives friendly advice a, • ■ in- I'ltniY ,;ur>nitv and a certihcate (if he lias merited it) of such conduct as will entitle INTRODUCTION. 33 uliiig art no which it hu« luyiiieiit and e of t'lijoyinif tuul »kill, in in iubor und lus its viilue ncccssiary to preclude the be preserved ', und by the ituted. ears for sue!) ninii.-ision to iiontiis must in the same ;iie first step jn ; and tlie dexterity in sscd, witiiont \ enjoyments science, and •ni iiceents of et ; and with iciety, which ilevcd, must ursnit, must liappier man , labor, am! ed ; if you I )f Ills forniei II be in vaiii ilVurd iiini ai, ivoild avoids. " the greater , and misery (I garnislied' ." 'I'o avoid ic House of ,' described.; esnch wage- : temptatioii, to jiass tlie ration to ttic t receives, at (ily advice a.i ; .viil entitle him to confidence ; theconseqiiencesof reconviction are so, y represent( tohino, ai his conduct, if he remains in the neighbourhood of the prison, is carefully watch^-d, >" tl, if he returns to habits of idleness and intemperance, his career to crime may be topp b) a commitmcnl to the House of Industry as a vagrant. The cause, the temptation, oi the excuse for relapse, being thus removed, it is hoped that instances of return to vicious pursuits will become more rare, and that many will become useful members of society, who, under the present system, either burthen it by their |)ovcrty, or prey upon it by their crimes. The House of Refuge is rendered the more necessary, because a man of prudence will no more receive or employ a convict discliarged from one of our present pcnelentianes, than he would shut up with his flock a wild beast escaped from its keepers : but the reformatofy plan, once fairly in operation, its principles studied, developed, steadily adiiered to, improved by the light of experience, and its beneficial effects upon morals perceived, the man who has undergone its purifying operation will, in time, be no longer legarded with fear or contempt, and societv, bv confiding in his reformation, will permit him to be honest; the House of Refuge will then become less necessary, and its expense of course diminished. (1) Before 1 quit the consideration of this establishment, it may be necessary to dispose of an objection sometimes raised to it, as well as to the Penitentiary : that the products of niechariical oueraiions, which may be carried on there, will be sold cheaper than they can be afforded by Ihe loular mechanic who is burthened with the support of a family, with rent, taxes, and other charges, and thus injure the innocent in order to find employment for the guilty. J his objeciion could only have weight if all the convicts were employed in one business, and thai in a country where iheie is a greater supply of labor than there is a demand for it; but here the very reveise of this is the fact. Again, if all the convicts should be employed in a single occupation, it must be because there is an excess of demand for that species of labor over the sunplv • and while that continues, there can be no injury : when that demand is reduced, the business wdl be abandoned both within and without the prison. As respects the public inteiest there can be no doubl, for the question reduces itself to this : Whether the convicts are lo be maintained in idleness, or suffered to contribute by labor to their own support ? And even as regards particular classes of mechanics, the same reasoning which would prevent their trade beiii" carried on in prison, would go to show that it ought lo be limited without. But the best answer lo the objection is, that experience has never reahzed any of the evils that have been apprehended. Havin.T passed through the different stages of confinement with the prisoner committed for a term • having c'lown the hopes and fears, the occupation, instruction, and discipline, by which he is to be punished and reformed ; and, having unlocked the door of his cell, and restored him to the world a renovated man ; we must return once more to the interior of the nrison to visit those who have by their atrocity rendered it unsafe to trust them in that society, the very existence of which their crimes have put to hazard. They are those whose offences are now punished with death. Reformation enters no farther into their treatment than as it concerns them individually. Shut out forever from civil society, its laws provide no means (1^ Tliis llicory 1. confirmed by experience in tlie Home of Refuge at New-York. Although admi..ion into lh» School Lol/loined only by vagrancy on confiction , yet, anch reliance !• placed upon the reformatory effect nf t .« diwinline. that the application, tor apprentice, of both Mie. are .o numcrou. that they cannot be complied ,i Tor .the confideuce mi.placed. A .inglo in.tance only having been known in which the employer wa. di..ali.fied with the conduct of hi. apprentice. After making all due allowance for the docility of children, the wme efTect" may reasonably be expected, in a great degree, i.pou adult., by a longer and severer cour.e of diKipUae. 34 INTRODUCTION. for iheir future enn|iloyment ; it is inditferent hh to their habits, and aolicitouR only ihnt, for llieir own sake, they should make their peace with ilenven ; for, in avoiding to punish with death, it would not "kill the soul." The cunfineinent of this class is intended for twr purposes only: First, by actual rcsiiaini, to secure society against a repetition of the criiue. Next, to deier others fiom coinmiitiiig a similar one, by the severity of the ptinishmeni. These (wo purposes arc atiuinud by abHoluie seclusion, under circumstances varied accordinj; to th'j enormity of the oHence. These circumstances are calculated to strike the imiiginnlion with horror for the crime, without awaking any dangerous sympathy for the sutVcii'i-. A yloomy cell; inscriptions recordin<( tlie nature of the crime and the intensity of the punishment ; so much of mystery as excites the imagination; real suffering enough to deter wlun the vi'ii is withdrawn, not su much as to enlist the feelings ot' the community and mako thtm uir;iijrii the cruelty of the law ; perfect security from escape ; a gradation in the distipline to show, by strong features, the iliflirt':it degrees of atrocity of the crime; such are the chariicicrisiics of the punislimenis substituied for that of death, now inflicted for the diilereiit spei'es of capital homicide. These convicts arc considered, for many purposes, to be as much dead to the world as if no coinmiitaiion of their Ibrmer puniblnnent had been made; their property is iliviiled among their heirs; ilieyaie buried in their solitary cells, and their epitaph is cuniiiin'.'d in the inscription that records iheir crime, and the daily renewal of its punishment. Their exir^irnco is preserved by the polity of the law, for reasons which it has ))roclaimed ; and, although they are kept within the reach ot' the pardoning power, yet that policy will be couiiteracted by any remission of the sentence, llie case of acknowledged innocence alone cxcejited. Thopewhoare confined for life, for a rcpflitioii ol' minor oft'encos, arc considered moro in the light of incurables, than atrocious ofl'endeis whose liMOcious di^posilion makes perpetu.il ••estrainl necessary for the peace ot society. Yet a very long and uninterrupted curative process, may sometimes succeed in cases that were tieemcd desperate, and the subjects of this observation have, tlierelore, the same advantages of instruction and employment clfered to them, that are given to the other convicts, in the hope that, by nneipiivocal evidence of relormaiion, after a very long probatory period without relapse, they may be disthrtrged by the pardoning power. It is highly important, however, that this should not be lightly or ficijuenily exercised. Few circumstances have tended more directly to disappoint l!ie tiiends of the penitentiary system, than the counteractive operation of this pierogative: |jarsimonious legislative provisions have furnished an excuse (or its exercise, to a degree, that lenders every attempt to punish or reform by imprisonment, ccpially abortive ; and, if the unhappy facility of granting pardons, be not clsecked, it is in vain to hope that the best organized plan will produce any good effect. Restraint will be suffl-red with impatience, instrtiction will be unheeded, labor neglected and counsel derided, while the mind la kept in the teveiish siate of expectation, which the daily release of fellow conviits, more guilty, perhaps, but belter befriended, mufct produce on those who remain. In some States this abuse has become so prevalen', that the culprit has not only in his favor the chance of escaping detection, or, if detected, the chance of acquittal, but, after conviction, it has become more probable tliat he will be discharged by pardon, (I) than that his sentence will be executed. With so many chances in his favor, the felon continues his game without fear or scruple. The prison loses its terrors as a place of punishment, and its discipline becomes a mockery to those who remain, (1) In five ycar», hf.tem nvNOREn anp pornxv convicts were ilitcliorgpil by pardon, from llie New York priion, and only iiEVENTT'THRi.E by the expiration of their ernteocc, nir>king the cliance of iuipunily after convictiuu, more than ten to one in favor of the convict. INTRODUCTION. 35 cursing iheii ill fortune, and hoping that, in ihe next loilery of pardons, they may gam the prize of di»c!iarge. Before I pa»»ed from the peniteniiury discipline to another branch ot iny subject, It was netegsary to p. '•) this radical, and, uiifortiinalfly, in most of the States, this CuHMiuitional evil, to wiicli, ofcourse, no otiier remedy can be applied by the Legislative, than the voice ofexpostulaiion with the Kxeculive power. A very able report o" this subiec^, made by the direction of r society for the prevention of pauperism, in the City of New York, in the year 1822, contains the opinions of the most celebrated jurists and miiiristrates in every State in the Union, ull of whom concur in staling frequent pardons to be the {jicalest obstacle that the peniteniiary sysiein has to encounter. Out of it has arisen another evil; soliciting pardons, has, in some places, become a business ; men who disgrrce nn honorable profession, iian.' about ihe »loois of the prison, bargain with the convict, to be paid, perlmps, out of the proceeds of his crime ; bv importunity or faUc statements, procure the sit^naiures ol respectable men to petitions, deceive'ihe Executive power bv false allegations of relormation, and procure the pardon of the most hardened oft'enders ; who' use their liberty only to commit new depreila- tions, in the hope of again being released ; and, strange to tell, this hope has been realized after a second :iiid even a third sentence. Out of sixteen committed for a second offence, to the New Yoik Fenitemiaiy, in IB'if), ei.f.ven had been discharged by pardon, and ot those committed in the sani'? year, for a third oll'ence, evehy one had been prcv.ously twice pardoned. To arrest, if possible, the progress of this abuse, which totally counteracts every attempt to punish or reform, the text of the Code is nuule to express the wi.hcs of the Legisla- ture, and a provision is introduced, making the soliciting of pardons, for reward, a punishable olfence. One other institution remains to be described ; one of perhaps quite as much importance as anv other in the system. It is the School oi- Uei-okm; designed for the confinement, dis"cipline,and instruction of juviiile nlVenders and young vagrants. Ol all the establishments suB.'estod by the charity, and executed by the active and enlightened benevolence of modern times, none interests uu'.re deeply the best feelings of the heart. VVheihor we consider the evil avoided, or the positive good bestowed, it is equally worthy of our admiration. The provisions of law have heretoi'ore denounced the same punishment against the first offence of a child, that they uw«rded to the veteran in guilt ; the seducer to crime, and the artless victim of his corruption, were confounded in the same penalty, and that penalty, until lately, was here, and in the land liom whence we derive our jurisprudence still is— death. We have substituted imprisonment; but our laws make no other distinction between adults and children, than that contained in the common law, by which all above a certain age, and that a very tender one, are supposed to have suflicient discretion to know boili the lavv and its neiialtv; and as to those who have noi attained that age, it is a matter of enquiry to be determ'ined by evidence, and an instance is recorded, in which an infant of nine ykaus was convicted and executed for muii»eu. For the minor offences, affecting property, indictment? against children are frequent; and humanity is equally shocked, whether thy ure convicted, or by the lenity of the jury, discharged, to complete their education of infam , In tlie Penal Code which you have under consideration, some material changes are introduced on this ■subject • an age is fixed, below which guilt cannot he supposed, and the inquiry as to discretion can only take place when the accused is above that age, but below another, at which sufSctent capacitv may always be presumed. It also contains other provisions, which govern the case in which a child does the prohibited act, in the presence, or under the influence of a parent or superior. But, with all these modificaticns, nothing materially good, under this head would be eflected, if after conviction, the same discipline were indiscriminately applied to children and adults. The necessity of a dilTerent course, whether for punishment, or education, or E 2 36 INTRODUCTION. reform, is so clearly pointed out by nature, that he must be an inattentive observer of her laws, who does not perceive it ; and it should be considered, that when a child of tender age commits an offence against the law ot society, he acts, for the most part, in obedience to one which with him has a paramount force— that of nature— who has given him sirong desires to possess, an ardent passion for novelty, and a free spirit, that with difficulty submits to restraint ; while she has withheld that discretion which alone can give a voluntary control oyer those passions. For acts committed before this discretion is acquired, or when, by the visitation of Providence, it is taken way, it is unjust to punish, although the good of society requires that we should restrain. Paternal, or any other authority that represents it, stands in the place of this discretion, until it is conferred by instruction, experience, and the natural expansion of the faculties. To this domestic lawgiver and judge, is confided, during this interval, the task ot repressing all the faults of infancy : and when they become hurtful to others, he, not the child whom he ought to have restrained, is answerable; civilly, if the injury were done •without his connivance or permission; criminally if it were. These are the dictates of most laws, applicable to a period of iniancy more or less indefinite, according to different systems ; but, after that period, they all abandon these sound principles, and hold the child personally accountable to the penal law ; and if he has shewn dexterity in committing the crime, or used shifts to avoid detection, it is, by the common law, counted sufficient evidence of a consciousness of moral guilt, and of a discretion that ought to have prevented the offence. But they do not cnsider that the moral sense is, in childhood, produced by instruction only, and the force of example, and that, with the children who are generally the objects ol criminal procedure, instruction has either been totally wanting, or both that and example have been of a nature to pervert, not form, a sense of right ; so that, if the want of discretion entitles to the protective power of the law, it is due to the ndolescence of such children quite as much as it is to their infancy. Either they have parents who entirely neglect the task, or abuse the power given to them by nature, andconKrmed b\ the laws of society ; without relations, they are thrown friendless and unprotected into the most contaminating associations, where morality, religion, and temperance, are spoken of only to be derided, and the restraints of law are studied only to be evaded. In either of these cases, these unfortunate victims to the vices of others, have a right to demand that the community shall supply the place of their natural protectors, and teach them the sanction of the law before they are punished tor its breach. In a country governed by wise laws, fiiiihfully executed, this class of children would be very small ; moral, religious, and literary education would be brought, in such a country, within the reach of every individual, and he would be forced to avail himself of these advantages ; ours, in this respect, is not yet such a country. We are rapidly advancing towards this degree of perfection ; but, until we attain it, the defect in this part of our system increases the obligation on the community to be a father to the fatherless ; to snatch the innocent child from the hands of depraved parents, and the orphan from the contamination of vice and infamy ; and, instead of harsh punishment", inflicted for offences which his own neglect ofduty has occasioned, to remove their cause by the milder methods of instruction and useful employment. The place for the confinement of juvenile offenders for these reasons, is to be considered more as a school of instruction than a prison for (legradint,' iniiiislinient ; a school in w liich the vicious habits of the pupil require a strict discipline, but still u school ; into whicli he enters a vicious bov, and from vvliich he is to depart a virtuous nnd iiulustrious youth ; where the involuntary vices and crimes with which his early childhood was stained, arc to be eradicated, their very remembrance lost ; and, in their place, the lessons inculcatod, and the examples given, \vhich would have guided him, had the duties of nature and society been performed. From hence he begins his career of lite ; and as it would be unjust to INTRODUCTION. 37 f her laws, fe commits hvhichwitit )oj snatch the uaminalion ch his own iructionund : considered ol in which o which he oils youth ; jned, arc to inculcated, and society be unjust to load him on his outset with the opprobrium which would be inseparable from an association n the sTnie place of punishment with hardened ofTentlers, it became necessary, as well Irom Ihis circuinstanceasfrom the different nature of the discipline, to separate tins entirely, both by locality and name, from the other prisons. Toareiie the titility, or to descant on the humanity, of this establishment, after dcmon- stradni i ts ju tiee, would be a useless task. Every mind that has investigated the causes a 1 Sessof crime, must acknowledge the one, every benevolent heart miist feel the other An even economy, cold calculating economy, after stating the account in dol ars a 1 c^nts, must co.tfess that that is a money-saving institution. 1 it ,s wise o lyeven an luuhx- 1 atrocious crimes by removing the opprobrium of a venial fault, and substituting istmcto. for punishment? if it is the highest species of humanity to relieve fro.n he i erv ofviceand the degradation of crime, to extend the operation of charity to the mini, ad to snatch with its aii|el arm innocence from seduction ; it it be a saving to society to tumor an infant for a few years at school, an.i thereby avoid the charge ot the depredalio.H o a f°lon for the rest of his life, (1) and the expense of his future convictions and confine- mcntiV then is the School of lleform-a wise, a human b, and an economical institution. 1 need not enlarge this report by the dettiils for the government of this school ; they are Hii.'elv contained in the'code/ One principle pervades the whole, which has bee.i "XS tl^e largetl upon : that the offences of children may be suthc.entlv correcte.l, both tb t c e .1 of m and example, by education and employment. f his be wrong, I e who i plan must be remodelled; but in establishing it, I have been guided by sometlung better a, the best reasoning. In the city of New York there is an establishment of Ins S wchcanneverbe visited but witl/ unmixed emotions of the highes intellectual ,,™ tnow contains one hundred and oventy-five boys ami twenty-nine girls, for le most part healthy, cheerful, intelligent, idustrious, orderly, and obedient ; animated vitltU^'ertai 1 prospect of becoming useful members of society, who, but for this estabh""ecl bis torincr bad babits. U'hat rci dci- tlK- hobavi.,„r of to < iSe t itn- i r ' i '"T'," """■''• '^ '"^'Sister is kc-,n ot (li>c..v(.iv.l 1.\m. . ."""-'V. ''">■'' """ "' ns ""'L''' ot their jH-cvious history as can In- a.e select.: n^ IhSt'^^^pl^t'ofrMa^i;;:.^!;'^ " ^ "''" """■ '""" "' "'^'" -yLV;.!'. ,?;7.i!r;;::;i;:;,^::r>,;^;:^';;;;- If :^ .lepravi,, .1,., „e .,»,. the PfiMlrnlin,), l,osi.l.> Iiavin^r l„.e„ several ti m°s „ Hr ,' „ -1 ■. ' "■'""•"",■ "''•'"'•. "'"Vc l„.,.„ .served i., r.otntl,otn,l,err,omr,u.iKed l.i. de^rndalo^ n/,v J , "^, ^ 1 l 1, '■""", PnTe^i-Uies and, at l,i, dischnrLre on ..,«., Kthe principle. Thus lu-"^. " „, .'^d , I'u 1 '^ "m ' 1 ' ;"':'""■••.«'"' I''"' """"""S -eined .0 ho »iii ceeded three seveial limeh.l The mo,i .i.rwl -.,„i . ?■ "' " *•'' ''•^^'^'fn'iiialioii lo eseape, (inwhiiliho ■■. K". ■!*... uiiaiiv lu jielU to tie reshainls and Ki.lm.lf i., .1.. -■■,':. "■"•>^>.-"iiiiiy oppiie.i. At leii.'th he l>e.e,nher, ISifl, he 'sc, far hnpro.e.l that ,^1^? Z -d 1, .hI ? i' .'l'''' ^•"i""";' "' '"-" ' '-"." J,UM,ary ,„ or-on wha eontraot.d lor hi, ierviee.., said' that I h alTe n I ! ""•■'""<' """■"!>■■ ''"V- i" the house : the ,»!'•"" "",""-■ «»-"^^"'i'<'l.voh,die,;i,acr.eaMe and acti e ,. H, li „ """/!'!■''"». '" ""■»"' I"". m„ch the nhjert „( the in»lil,,li„„ i„ ,he enVetot hU re^o?m„iil „' "'« ''"' "^K", "f l'i» ''"lies. Coiueiviag ,hat n..l he etrected i„ William, he «a>. in.leni ,red .t ridi"rvr;,rHa,r,l;'''r •"''', ""' ■" '"""<"■ *'""- "'' "'""J coal. ..evjon, 1„ hi, indenture, he „a» asked whei er he „, mid j pr d L^^^^ '".'"" '" <;'""""''""■ S""'" '"»<.• >f selected (o be hound out ; hi, reply was tl aHie Jal .l,e, i,. "f character ,,, the com.nissien of crime. J.» m„,d ,0 he in a dilTereu. channel! »m i a n ol-u Lu hn„^ 1. ^^"'''. ""^ "? '"'''"'•"•'• ''"' 'I'ot Le now lei o knowledKO oC equenllv pract ,ins do"o" "a e'l- ""»''" '"■"" """"'»•'"»'«""'>■ «'" X-rlecly sale in s„,i„« ,(,a, UilLm wa.^^^ruly a , ^Uered h„ ' ^ f, " '■';i!'"-.^',""i""- '-y "Lid. -r[h;'r;nl;;^fi,:;;;;!:;r:^;^ u..., ...en a receplacle. of vice and misery, the daneinB-h" uses of f or?. i^J hIA T !'"" l'"'""' ""' «°™'">"rlne in those ^r.,c\e,. bu, denic, s,ealingtl!e article. fo^^;Sre ^a ' e, h ", "r'om h^Ti,^!*.'" ''"-*-'»«'.'-'-"- f-'" Mc w«» acui nere. from ilia time be wu» committed until his INTRODUCTION. 39 It will be observed, ihat, contrary to ihe rules laid down for ike Penitentiary, peraonal castigaiion is permiitcii in the School. This exception was introduced because the infliction of that punishment in childhood, is not attended with the degradation which characterises it when applied to adults; because it is permitted to teachers, with respect to their scholars • to masters, as respects apprentices; and because the rules laid down for regulating the pun'ish- inerit arc such as will effectually prevent its abuse. Yet, if experience should prove, as I ihmkit will, that, even in these cases, it may be dispensed with, it ought to be abolished. Hut, while this power is granted by law to the master over the scholar or apprentice, it would not be piudent to deny it to the warden, who acts in this capacity towards the children under his care. 'riieie is also another dillorence that will be remarked, in comparing this institution with lliolenilentiary: here public worship is directed, while in the Penitentiary, no provision is n.aile (or its peiiorniaiice. '1 lie ailvantnge to be derived from an habitual attendance on this diitv, IS so great, thut it ought not lightly to be given up; but, afier the best reflection 1 could giv.; to the subject, I determined that it might safelv be allowed in the school, but ili>i;liarK<'. lie coiitliiclcd in nil entin-ly sslisluctory nimner. t:oiitl(ya. a -mirce o mnrh t.mibic to tho ».>|,e,inl,M,.lo„t , in mi.chief he wn. almost invariably i.rM i lutiu. ul..» anJ rcBnlalio,,, of the huu,o he«a» porU-clly indilU'renl, ond in once in,t,.nco ho uhscondc..!. i lIT. Jr ! '*■?, "T '■'••'•r'V''' "I'vorely pnin.bed, and put in iru.is lor forty-threc days, when bis irons were takj-n oir. I, . couibor l.is improvcnienl was so great Ihat bo was proinolc.l to the siiualion olni.H.t watch, and day u, mrd, th,- dimes ol wl.ch he raithluUy perlormc.,1 until .Inly, 18«(), when he rc,|nesied to bo st"nt to sea l,,s request was compiled with and he was indenUned to a hiKbly respectable ship owner ol this city. Mier an a ..ence o ll,rec mo„ bs be returned to the Iteln.con a visit, stated Ihil he was perfectly contented wtlihss'tu" ation, and .h« be b.id „l.en reflected while at sea, that, instead of enjoyinff the blessings of libo, "rbrnrbt have nowbecnm State Tn^on, bud il not been for tbo establisbmenl of a House of l{efu"-o "•-"/. "^ migni navt I). S.-Ajied hlleen >ears, born iu New Vorl. ; bis father died while he wa, jot an infant ; his molber mikc "'^"L'l:'':''?,*' .^';.':,m'''.''''". '''i'*-''''.'''':,'''^'"'.'^ '■'■ """'k" '}''""■ ""»"1 I'^.^'ed wl.b ,hree diilerent persons kept 0)slercclbM.: alter leavinj. them, he returned to bis mother He coaitnenced his Ihefis by s"tealintf wood Iron, about the d.eks , has also been in the habit of slealing old jnnk, copper. Ac. I/e h s een ih et Severn tin.e, coinnnlled lo Ir.dewell, the last tin.e lor slealinu a copper kettle, in company »i,h t ,e fore, o mk boy; ,t was lor this ollenceiha he was committed In ibe Hefnse. lie »ns Gt lir.l ve y lefractorr con Im tly ploU.UK bow to escape, and endeavor.MK to persuade other, lo accompany ,. He was IV,r some Zntbs rea ted w,th much slnctness, from . uno IH2:,, to I'ebruary ISM, hi, conduct vw.s entirely satisfactory, at "l U t , o a opportnn.ty oIlennR to give bun an ndvnnlageous situation, it was deemed incompatible with ll e o bjec of the Insflnlion to detain InmlonBer. I o was consequently indented to a Keutleman residing in the Wesler . part oV tin. State who. in a letter directed lo his mother, two mouths after tho dale ol his indenture, says ho has nuci reason lo bo pleased with n.: /id's conduct. ' '""vii Kenerou..enti,n«nl from hi. tender bosom. What reHectiViB mindinymnVraLi'lTe^rihl'^l''*''!''' '''•^^^ and what generous soul but would contribute loil,,.,ppo, "? nJmit the utility ol such au institution.. 40 INTRODUCTION. couianot, .hhout danger be P--;'-Ji»5^ J::ii?'S:;ilnJ!::n'Sift S^^ nrcserveonler in the w-k shop«, -^^iJ"X^i; ' .^^/^n u"h"bic of'oeeing and conversing tlie same purpose, in ihe chapel, ''"""8"'' ; ^ ^^^^^u on Sunday, will not be made, wiih each other during the week, '"^^ «!*°^'f ''°" '^^^^^ „i,,er unlawful combination, bv the children, the means ».f ^^o'",^"'"^ "» P'^"'fi„; "^"^^^ of all the convicts on But, in R Penitentiary, in*t'i"l«^/"' f ''^f ^ f,T"^^^^^ order could not Sunday would be entirely '"«^'?"?'"«;».:'tmn™ c mM "emen the con^^ would anticipate be preserved without recourse being had '° ^^"•^P;^'^' "^^'^^ '4'7;"A;/ f "e^sion, but to enjoy the the return of .heir periodical "^e-""'""'/" '^^ ' '''^" '\ JfiJ^^^^ .Id prevent communi- S^;^.=; ^ it'S'S i^^er^nrT-bkif^titi; tiutiril-^most of the SbmatdLr insurrection and escape have been formed m the chapel. In .11 these institutions, whether for ---'"« y rwS' U^.^Jr^^^^^^^ depend ou the integrity, attention ""'^ ''^ ' y',*^ .^ L^o^Tw superintendence after public opm.on, IS '"''""^'^.f ' J"' ''^^^^^^^^ attended with any great enforce a performance ot the duty , ana "^ '«^ " " > ^ ^ount on the constant reverence for the opinions of others. But, m f'"*" « j^^' J" ,„u8t be made tor operation of this ''^'' --^^^^liKrC^r^^ as possible, with as li.tle men as they are ; and untorlunaieiy '"f JJ.'T" ' „tneral and which, therefore, we must „ouble as possible, is that which we '«'» «"^^;,"°^;,.?^Sio.r^^^ u eful and permanent, counteract, or direct to our P"T°««', ^ "'^•^"^ sv" ems of aT been provided to secure the A -P-->n«-d'"f.P,7J' /•rst:ks ly'doL a'nSerTtl^ r"en.'edy an 'effectual one, nothing Touldrmo^ sfrnpl^t J ihisran'ch of legislation ; but what can assure us that the supervisors will do their duly ? CtialoJua Ipiiot, qu" cuitodlet ! 1 1 .•«., .vo mnv crpftip a Rvslem of successive responsibilities and inspections : Incur legislation, 'f "^^^J^ "^"''^,'',7' w. inav place the weight on the elephant, and but a foundation must be laid for the ^^f '" . ^/ '"^^ /^ ^j'^/^f the fndian cosmogoniat, end.. support hi.n by the tortoise ; ^ui beie our tl eory, ^'^ ^^ °^1' Vrii.ciples, which effect the Sjund philosophy alone can, m both cases, ,f '7;4";^°,, ',S'^''i„'d vidLal nterest draws all is preserved by the divergent operation of mutual attraction and the projectile torce. .elf^interest, then. must be so combine, with U. Pj^^'-^g^'^;-- "^'^ill^^P^lt U« ;:;oVrtttio:r^^i^:Ta\^e;^"^^^^^^ ^^i^----'- f- ^^- — ^ houses of confinement piovidedfor by this system. INTRODUCTION. 41. lecesiaiy to iifficienl for conversing jt be made, jmbinaiion. convicts on ;r could not Id anticipate to enjoy the It communi- ices, and be act of the most of the ) much must } the greatest indente after \iere are few f emolument, n equivalent jpon ; and it sensibility to uld, of itself, ith any great 1 the constant It be made for , with as little fore, we must id permanent. 1 to secure the I one, nothing e us that the d inspections : elephant, and iiogonist, end*, vhich effect the terest diaws all of censure and wers combined, leavenly bodies force. em inseparable; lan action in itn for lite several The whole are placed under the superintending care of the same board, because, b&ing parts of the same system, its general principles could only be enforced by a common head. The number of the institutions required an attention that a single person could "ot well perform ; a board of inspection, therefore, was created, and, considering the nature of the duties, the number of five was fixed on as that which would best unite the advantages of dehberition with the requisite despatch of business; and a distribution of the duties into classes, that some might be performed by one member, making two necessary for others, and a majority for those which were most important, was considered as a convenient end safe arrangement. This i)oard, in addition to its general superintending power, has the direct management ot all the pecuniary concerns of the several prisons, but under regulations, which, it is thought must prevent the possibility of any corrupt appropriation or negligent dilapidation of the funds. Among other precautions, is one that ought, I think, to be adopted m all cases ot trust, whether arising from oifice, or contract, or testamentary disposition ; the deposit of all moneys held for another, or for the public or any institution, in a safe public bank, in the name of the trust, or of the person in his quality as oIKcer or agent, to be drawn out only by checks, expressing the purpose to which the money is to be applied, and making it a criminal breach oftrust if the deposit is not made, or if the funds are drawn for any other purpose than that of the person or institution for whose use it was received. The advantages of siicli an arrangement in commercial agencies, and private and public trusts, need not be descanted on here T it is intended, in connexion with other provisions, prohibiting any kind of concern in purchiises or sales made for the prisons, any profit or convenience from the employment of the prisoner?, to takeaway all temptation of making the ofllce a pecuniary speculation, and what is of as much consequence, perhaps, to prevent its being thought one. The board of inspection must be permanent ; its duties are arduous ; they require experienco as well as diligence; the undivided attention of the members must be given to the subject; the close and unremitted labors required by the important business entrusted to them, cannot be expected to be gratuitously given. Few men, in our stale of society, can afford to divert the time required for this purpose from their private alf.iirs ; and those who can afford it, arc not always the best fitted for the task. They must, therefore, be paid, and so liberally paid, as to command the talent and integrity required. Philanthropy, puolic spirit, humanity, or reli>non, may inspire individuals to volunteer services; but it is a natural tendency of zeal gradually to cool, when the service which excited it is one requiring patient attention, a daily intercourse wiih the most degraded of our species, and a close attention to dull detail, more especially when it requires no exertion ot ihose talents that command public applause : besides this, if the service is unpaid, iis negligent pertormance rarely incurs the penalty of public censure, which never falls very heavy on those who have gratuitously given any part of their time or attention to the business ; whereas, the salary tieiniran equivalent for the service, legal punishment, as well as lo«sof reputation, will generally lUlenll neglect. The particular powers given to the Board of Inspectors, need not be here detailed ; they are, it is thought, clearly designated in the text. As their s is chiefly a ftupervisinc power, and not so' direct an agency upon the prisoners as that of the other officers, it^vas not deemed necessary to give them any interest in the labor of the convicts; the number, too, cf their membera would have rendered this extremely onerous to the institution. But with the Warden it was different ; to him it was deemed necessary to apply those principles i have endeavored to establish, which make the interest of the officer and of the public to coincide. The interest of the public is, first, that all the regulations in the Code, for punishment and reformation, should be strictly observed ; secondly, that as much M possible of the expense of the institution should be paid by the labor of the convicts. 1 o give the Warden an interest in the first branch, he has a premium on the decrease of 42 INTRODUCTlOl?. In re-convictions, the best mode of testing the efficiency ofthepystem. Td stimulate him in promoting the industry and skill of the convicts, he has a per centage on the gross amount of their labor; while the superintendence of the Inspectors, their periodical examination of the prisoners, and of the other officers, the observation of the Chaplain and Physician, and of the official visiters, will elfectually prevent his urging that labor by any other means, or in any greater degree, than is prescribed by the Code, It is also a great object, that by preserving the health"of the prisoners, the punishment should not be carried further than is directed by the sentence; for this purpose, cleanliness, wholesome food, exercise, and proper relaxation from labor, are prescribed. To enforce their execution, the proper system of inspection is provided; and to combine private interest and the love of distinction in the performance of this duty, honorary and useful premiums are given for different grades of decrease in the usual mortality of the prisons. These rewards are extended to all the officers whose agency can at all contribute to the end. It may be necessary, before the conclusion of this report, to give some idea of the number of officers, and the duties of those which have not yet been mentioned. Tine plan, as has been seen, comprehends, A House of Detention, with two Departments; A Penitentiary ; A School of Reform ; A House of Refuge and Industry, with two Departments, All of these are under the general supcri«tendcnce of five Inspectors : one Warden, and one Matron, will be recjuired for each Institution. One Chapl'iiii and one Physician will be sufficient for the "nir ; a Clerk for the Penitentiary ; one Teacher for the School of Reform and another for the Penitentiary. In the other Institutions, the detention is not long enough to require a regular establishment for education, and one of the inmates will always be found competcntVor this purpose; so that, independent of the under keepers, the number of which will depend, in some measure, on that of the prisoners, the four Institutions will reed. repressed, crimes dunuushed, .uul ti.e __ _ » .IT-TT^.T/- EDWARD LIVINGSTON.