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.
world, and stands as a noble monument of the liberality, humanity,
and wise economy of its founders.
Abuses by Committing Magistrates.—In 1820, and also in 1822, the
illegal and corrupt exercise of power by the Magistrates, which was
most oppressive on the poor and helpless, became again a subject
of inquiry, and a committee was appointed to confer with the
Governor of the State on the subject, and a memorial was soon
afterwards presented to the Legislature soliciting its interference to
remedy the evil.
Discharged Prisoners.—In November of the same year a committee
was raised to consider of and report on the project of establishing an
asylum for such discharged convicts as might be unable to obtain
employment, but it appearing that there were serious difficulties in
the way of carrying it out at that time, it was abandoned.
Juvenile Offenders and “House of Refuge.”—At a meeting of the
Society, held January 28, 1823, a committee was instructed to
“inquire into the condition of juvenile offenders, and what relief is
needed in their case.” This being a matter of deep interest, and
requiring much consideration, from its inherent difficulties, the
inquiries which were prosecuted from time to time, as opportunities
presented, did not reach any definite result till January 21st, 1826.
At this time the committee reported warmly in favor of an institution
for their reception, but expressed doubts whether the Society had
the needful means to establish it, or the legal powers that would be
required for its management. It was resolved to call a meeting of
citizens on the first day of February ensuing, before which the
subject should be fully opened. An address was agreed upon to be
submitted to the meeting, in which a brief history was given of the
melioration of the penal laws and institutions of the State, and of the
encouraging result, and a confidence was expressed in a still further
improvement on the completion of the two Penitentiaries—the
eastern and western. “But,” it was added, “as our true policy, as well
as our manifest duty, consists not less in preventing crime, and
checking the tendency to it, than in punishing and reclaiming the
overt offender, the restraint and reformation of children and youth
exposed to criminal habits, becomes an imperative obligation.” They,
therefore, earnestly commended the new project to the meeting of
citizens to be assembled under their call. These views were cordially
responded to by the meeting, and action being promptly taken,
resulted in the erection of a “House of Refuge for juvenile
delinquents,” which was opened for inmates on the 1st of December,
1828, and the benefit the Institution has conferred on the
community, and on the class for whose reception it was intended,
are generally felt and acknowledged. And it is believed that many
individuals, who are now reputable members of the community,
would have been at this time deeply steeped in criminality, and
degraded outcasts of society, if it had not been for the protecting
care and moral training of such an institution, extended to them in
their youthful days, when first tempted to turn aside from the paths
of virtue and rectitude.
Proposed Improvements.—In July, 1827, in anticipation of the
approaching completion of the Eastern Penitentiary, the Society
appointed a committee to prepare a memorial to the Legislature,
setting forth the importance of carrying into full effect the principle
of separation, &c. And in July, 1829, another memorial was
forwarded, embracing the two following suggestions:—
1. That criminal courts be so organized, as that the prisons may be
speedily delivered of all persons held to answer for offences, &c.
2. That provision be made for the complete separation of all persons
committed for trial, or as vagrants, as well as those under sentence.
Publications Respecting the Separate System.—About this time much
interest was manifested in relation to the character of the discipline
to be established in the new Penitentiary, and it was found that
conflicting views were entertained by persons prominent for their
philanthropy, and their promotion of the valuable reforms of the day.
Several of these advocated separation without labor as being most
prompt and effectual in promoting the reformation of the criminal,
and as admitting of a shorter term of sentence. It may be
mentioned, however, as an interesting and important fact, that our
Society never sanctioned these views. Its whole history, almost from
its origin, contains abundant evidence that a union of separation
with labor, if not held to be a sine qua non, was at least deemed to
be of the highest importance. With a view to preventing this division
of sentiment on a collateral point, from in any way prejudicing the
main principle of the entire separation of the prisoners, which was
contemplated in the erection of the Penitentiary, a large edition of a
pamphlet, (by our fellow member, George Washington Smith,) clearly
vindicating what was known as the “Pennsylvania System,” showing
its humane and reformatory tendencies, was published and
circulated.
Opening of the Eastern Penitentiary.—At length the time had arrived,
by the opening of the Philadelphia Penitentiary, for the reception of
convicts, on the 25th of October, 1829, when the principles of
discipline steadily advocated by the Society for the preceding forty
years, were to be practically tested under their immediate notice.
Heretofore, the only instance of these principles being approximately
carried out in a building planned and erected for the purpose, was at
Pittsburg, a very inconvenient distance for observation, and beside
that, the attempt was there made to introduce the system of
separation without labor, which, as might have been anticipated, did
not result satisfactorily, and had been the occasion of exciting
considerable prejudice against the separate system both at home
and abroad.
Subsequently to the opening of the Penitentiary, some small defects
in the structure and mode of discipline were revealed by experience,
and promptly remedied as far as practicable. That some further
improvements may yet be called for, not involving the fundamental
principle of absolute separation, is not improbable, as we have never
claimed that our work was perfect. The Annual Reports of the
Inspectors placed in charge of the Institution, issued since its
opening, afford most satisfactory evidence of the soundness of the
principles recognized in its discipline, and our Prison Society, who
have with deep interest watched its workings for more than thirty-
two years, not only have never had misgivings in relation to it, but
have constantly to the present time, been strengthened in the
conviction of its being the true system. We are so well convinced of
this, that it is deemed worth while, at this point, to introduce a short
notice of the system itself; especially as we are aware that many
persons both in this country and in Europe, are opposed to its
introduction, mainly, as we believe, from a misapprehension of what
the system and its results really are. We are the more prompted to
this, from a belief that the cause of humanity and of Christian
philanthropy, the good of the prisoner and of the community alike
unite in calling for its general introduction. This notice, which from
the character of the occasion, must necessarily be very brief, may
partly assume the form of contrasting it with what is known as the
“Auburn,” or “Congregate, silent system,” which is generally believed
to approximate most nearly to it.
What the Pennsylvania System is.—The basis of our system is, AN
INDIVIDUAL CELL FOR EVERY PRISONER, AND THAT EACH PRISONER SHALL BE KEPT WHOLLY SEPARATE
FROM EVERY OTHER PRISONER, DAY AND NIGHT, DURING THE ENTIRE TERM OF CONFINEMENT.
The
thorough separation here spoken of, must not be misunderstood,
however, to mean, or to be, as has been charged, “perpetual
solitude,” or “total isolation from the whole world.” The law never
designed that it should be so, and its actual character in its practical
working is very different from this. It is not society in itself, or
intercourse with his fellow-men (excepting, so far as its privation
might be salutary as a punishment,) that is denounced by the
system, but it is association and companionship with criminals,
with the depraved and wicked, which it is believed, the good, both
of the criminal and of the community into which he is to return upon
the termination of his sentence, requires, should be utterly
prohibited. The social intercourse under this system, is, in point of
fact, abundantly sufficient for the health, both of body and mind.
Beside that which takes place between the prisoners and the
resident Officers and the Inspectors of the prison, by which means
each convict receives several visits every day. The following are
named by law as “official visitors,” who have a full legal right to visit
the penitentiary and enter the cells of the prisoners whenever they
shall think proper, to wit: “the Governor, Speaker and members of
the Senate, the Speaker and members of the House of
Representatives, the Secretary of the Commonwealth, the Judges of
the Supreme Court, the Attorney General and his deputies, the
President and Associate Judges of all the Courts of the State, the
Mayor and Recorder of the cities of Philadelphia, Lancaster and
Pittsburg, Commissioners and Sheriffs of the several counties, and
the Acting committee of the Philadelphia Society for Alleviating the
Miseries of Public Prisons.” The last of these, as we shall see in the
progress of this report, availing themselves of this authority, are
untiring in their efforts to promote the social, moral and religious
welfare of those confined in our penitentiaries and jails. Thus, by our
system, instead of the society of the ignorant, the degraded and the
criminal, whose efforts would be directed to dragging them down to
still lower depths of vice and infamy, than they might yet have
reached; we give them that of the virtuous, the intelligent and the
good, who not only make it their business to see that they have the
bodily comforts to which they are entitled; but who are desirous of
promoting their reformation with a view to their own real good
through the remaining term of their lives, and to securing society
against renewed depredations from them after their discharge; and
above all, that they may be instrumental, under the divine blessing,
in bringing these poor wanderers and outcasts, into a true sense of
their past sinfulness, that they may in condescending mercy, be yet
brought, by repentance and amendment of life, to work out their
soul’s salvation.
There is a keeper to every division of about thirty prisoners, and
these keepers are selected with special reference to their fitness, on
the score of morals, temper and intelligence. None of the keepers, or
other officers in the penitentiary, go armed in any way, there being
no occasion for it, as it is morally certain that no revolt, or
insubordination, threatening violence, can ever take place. Each
prisoner is fully sensible that an effort to escape, must necessarily be
unsuccessful, and therefore, he never broods over its possibility, nor
devises plans to subdue his keeper, or even murder him, if need be,
to effect it. On the contrary, the whole system is one of kindness, it
might almost be said, between the prisoners, the keepers and the
visitors. The prisoner, knowing he is powerless, becomes passive,
and there being nothing to rouse his vindictive or other evil passions,
he is soon brought, in his quiet retirement, to view his past life in a
very different light from what he ever did before. And also, as the
society of the bad, which he formerly coveted and enjoyed, is shut
out from him, his craving for companionship, soon brings him to
enjoy the company of the virtuous and good, which he formerly
despised; and consequently, the instruction and counsel which is
extended to him by his visitor, will meet with a reception and make
an impression, which under other circumstances, we might look for
in vain. And in the moment of contrition, when the poor outcast is
brought to abhor himself, and would fain pour out his soul before
God, it may be in the presence of his visitor and religious
instructor, there is no hardened and depraved associate with him,
to sneer at his supposed weakness and prompt him to reject the
proffered mercy.
Here, also, the rudiments of education can well be imparted, and as
there is nothing to distract the attention, the lessons make an
impression such as is never witnessed in the community at large,
much less in the congregate system of imprisonment. Our visitors to
the Penitentiary frequently witness examples of this, which are truly
remarkable. Many who had grown up without any literary culture,
not being able to write or even to read the simplest matter on
entering the Prison, in the course of even a few months have
become capable of writing quite a good hand, and of reading with
facility. Some of them, who in their previous lives had felt the
process of education to be altogether a repulsive task, and therefore
had failed to make any advance, and had even been brought to
believe that the ability to read and to write was a mystery, which
was, and always must remain to be, beyond their power to fathom—
here find themselves to be capable of comprehending the lessons
presented to them; and as the curtain begins to rise before this
supposed mystery, they see, as it were, a new world open before
them—what was formerly a dreaded and repulsive task, becomes a
pleasant privilege, and they pursue with avidity the path to
knowledge which is thus opened to them. This change in their
condition improves their whole moral character. Also, as time would
hang heavily on the prisoners if without employment, they freely
perform the work allotted them, accepting it rather as a privilege
and a blessing, than as a penalty, as is the case under the
congregate system, whether silent or otherwise. And, as it is with
regard to what may be called common school learning, so it is in
respect to acquiring a knowledge of the mechanic arts there
introduced, being necessarily a few only—such as shoemaking, cane-
seating of chairs, cabinet making and weaving. They soon become
masters of these, and the task allotted them being moderate—after
the accomplishment of which they are credited with “overwork”--
some individual prisoners, on their discharge, have been paid
upwards of 250 dollars, which stood to their credit on the books. In
a recent instance, a prisoner, on his discharge after a three years’
sentence, was so paid 213 dollars.
There is another point on which, we are aware, that many
benevolent minds, who have merely viewed the “Pennsylvania
System” theoretically, have felt much apprehension—which often
amounts to a conviction—which is, that the mental condition of the
prisoners, under its discipline, is liable to serious injury. This, we feel
authorized to say, is a fatal mistake. We use the term fatal, because
the adoption of this view tends to prevent the general introduction
of the system, which we think is greatly to be regretted. A practical
acquaintance with its working, proves this apprehension to be wholly
unfounded. Close observation, specially directed to this point, with
carefully prepared tabular statements of the mental condition of
each prisoner on entering and on leaving the Eastern Penitentiary,
(as also at intermediate periods) kept for a series of years, have fully
established the fact, that the prisoners, instead of being injured,
have been decidedly improved in this respect.
Its Result.—From the foregoing positions the result may thus be
summed up: That many of those who entered the Penitentiary
without any proper sense of their responsibility to their Creator, or
their duty to their fellow creatures, have, as we trust, through the
Divine blessing accompanying the instrumentalities surrounding
them, attained to clear views and conscientious convictions on these
points, and have gone forth into the world with firm resolves that—
their Maker strengthening them—they would thenceforth do nothing
which would grieve His Holy Spirit or wrong their fellow men. And
that most of those who entered nearly destitute of learning, even in
its simplest form, and without a knowledge of any trade by the
pursuit of which they might be able to secure an honest
maintenance, have emerged greatly improved in both these
respects, and better fitted for the duties and responsibilities of life.
The “Auburn” or Congregate Silent System.—The principle of
“separation,” in the abstract, seems to be very extensively, if not
generally conceded, both in this country and in Europe; but, on
various pleas, it is but partially adopted in practice in the United
States beyond the limits of Pennsylvania, and therefore, as we
contend, fails in effecting the desired results. This partial adoption
under the “Auburn” system consists of confinement in separate cells
at night, but congregation in the workshops, or elsewhere, during
the day—under the positive injunction, however, that when together,
the prisoners shall have no communication with each other by word
or sign of any kind, and this injunction is enforced by the presence
of armed guards, and any breach of it is visited by heavy penalties.
This system is adopted on the strange plea that man is a social
being, and he is therefore entitled to society as a natural right, not
seeming to be aware that, by the restraints imposed, they entirely
rob him of his social character. It reminds one of the Fable of
Tantalus, the “Lydian King, who was condemned to be plunged in
water, with choice fruits hanging over him, without the power of
reaching them to satisfy his hunger or his thirst.” Notwithstanding,
however, the strictness of the watch maintained, the severity of the
threatened penalty, and the example of the actual punishment
administered upon those who have in any way violated this rule of
silence, and non-recognition of each other when together—from the
almost irresistible craving for the enjoyment of some of the rights of
social intercourse, which is stimulated by being brought into the
presence of each other—considerable intercommunication, by
various methods ingeniously devised by them, it is admitted, does, in
fact, take place between the prisoners. To enable the officers in
charge effectually to prevent this, and to maintain the general
discipline of the Prison, corporal punishment, it is believed, is
deemed to be an essential part of the system, and this is
consequently frequently administered with great severity. At the
meeting of the American Prison Association, held in the city of New
York in the Autumn of 1860, (at which some of our members were
present as delegates) a New York gentleman, prominent as a
philanthropist, familiar with the character of their Prisons, and who
had been one of the regular visitors at Sing Sing, declared that their
Prisons were like menageries, in which the prisoners were kept and
treated as so many wild beasts, and that, a few years back, the
severity of the punishments at Sing Sing was such, that the stone at
the foot of the whipping-post was always wet with the blood of the
victims of the lash. We trust, however, the discipline is now
maintained there by means less severe. The regulations connected
with our system, on the contrary, entirely exclude the lash, and,
excepting in solitary and very extreme cases, admit of no more
severe punishment than imprisonment in a dark cell, with reduction
of food; and we are assured that a very few days only, of such
discipline, are sufficient to curb and subdue the most refractory—and
even this mild punishment has to be applied very rarely.
Influences of the Systems Compared.—There is nothing, as we
believe, in the working of our system, which can make the prisoners
worse than when they enter; but on the contrary there is much, the
direct tendency of which is to make them better. We are well aware
that all are not reformed by it, though we thankfully trust that such
is the result with regard to many. Under the discipline of the “Auburn
System,” we can hardly see how reform amongst the prisoners can
be promoted. And we are convinced that there is a mistake in the
confident claim set up, that, as conversation between the prisoners
is almost wholly suppressed, they cannot corrupt each other, and
consequently, if not made better, they at least cannot be made
worse. The very fact that the prisoner, in daily, though silently,
meeting in the workshop a large mass of fellow-convicts, is sensible
that he is surrounded by, and on the same level with, the off-
scouring of the community, degrades him in his own estimation, and
silently, perhaps slowly, but almost inevitably, sooner or later, drags
him down, till he becomes sorrowfully demoralized. In confirmation
of this, it may be mentioned that one of our own members, in the
course of a visit a few months since, at the State Prison at Auburn,
was informed by the officer in attendance, that amongst their
convicts there were ministers, doctors, and lawyers. Upon this, our
member inquired if they there maintained a deportment consistent
with their previous position in society. The reply was: “For a short
time they do; but they soon sink to the level of the most degraded.”
Another point of much consequence, in comparing the “Congregate”
and “Separate” systems, is, that by the former, each of the
prisoners becomes familiarly acquainted with the countenances of
the others, and consequently, on meeting after leaving the prison,
an immediate recognition takes place between them, and on the
principle that “Birds of a feather flock together,” they are united by a
kind of sympathy, which is anything but salutary; while by the latter,
never having seen each other during their incarceration, there is no
danger of their being drawn into evil association after their
discharge.
Reference to Publications.—Our time and space forbid our extending
this branch of our subject. Before leaving it, however, we think
proper to refer to two or three, amongst the many publications in
which interesting and valuable views may be met with on the subject
of prisons, particularly such as relate to what we have been
endeavoring to set forth as the “Pennsylvania Separate System” of
prison discipline, and its practical working.
First. Those eminent men and close observers, De Beaumont and De
Tocqueville, who visited this country from France, a few years after
the opening of our Eastern Penitentiary, for the purpose of
examining into the character of our institutions generally, in their
work, entitled “Du Système Pénitentiaire Aux Etats-Unis” (the
Penitentiary System in the United States), give some very
satisfactory views with regard to the working of our Penitentiary,
where they spent considerable time, visiting all the prisoners by
permission of the authorities, and remaining in their cells in private
sufficiently long to obtain from the inmates a knowledge of the
practical working of the system upon them. This work, in the original
French, and also an English translation of it, by Professor Francis
Lieber, himself eminent as a close observer, and deep thinker on
the subject of penal laws and penal institutions, and their systems of
discipline, are to be found in the Society’s Library. The translation is
accompanied by some very valuable Notes by the translator, and in
an Appendix to it there is an Essay, by the same, treating specially
on the “Pennsylvania System,” republished from the Encyclopædia
Americana. A small volume, entitled, “Prisons and Prisoners,” by
Joseph Kingsmill, chaplain of the “Pentonville Prison,” near London,
conducted very much upon our system, is well worth reading. We
would also refer to an elaborate “Essay on Cellular Separation,”
written by our fellow-member, William Parker Foulke, under
appointment by “the American Association for the improvement of
Penal and Reformatory Institutions,” and read before that
Association at the Annual Meeting, held in New York, in the autumn
of 1860, as being an able exposition of our system. This Essay was
published by our Society soon after its preparation.
Misstatements corrected.—In this connection, it is due to the cause
of truth to say that Charles Dickens, the novelist, in his report of his
visit to the Eastern Penitentiary, contained in his “American Notes,”
makes representations so palpably erroneous, as to appear to those
familiar with that institution and its government to be absolutely
absurd. But as he uses the form of a direct reference to particular
cases, strangers will more readily than they otherwise would adopt
his statements as setting forth the truth. It should be remembered,
however, that the celebrity to which this author has attained, is as a
writer of “fiction,” not of truthful narrative or history. In this instance,
(possibly without being aware of it), he has maintained the
consistency of his literary character. The late William Peter, the
worthy consul of Great Britain, residing in this city, soon after the
book of Dickens was published, made a personal examination into
each of the cases referred to, and in a letter to the late Job R.
Tyson, thoroughly refuted the misrepresentations.
Application for County Prison granted.—In 1831, the Legislature
provided for the sale of the Walnut Street Prison, and for the
erection of a largely increased number of cells in the Eastern
Penitentiary, so as to be prepared for the reception of the inmates of
the former. The Society being apprehensive that the principle of
separation might be interfered with by the sudden introduction of so
large a number of prisoners, memorialized the Legislature to have
another prison erected on the same principle, for the use of the
county. A law was soon after passed, providing for the erection of
one for the use of the city and county of Philadelphia, capable of
holding at least three hundred prisoners, on the principle of separate
confinement.
Bad condition of County Prisons.—The receptions into the Eastern
Penitentiary from other parts of the State, afforded constant
evidence of the miserable condition of the County Prisons. The
prisoners received from them were so injured by the abuses and bad
management and arrangements prevailing there, that it was very
difficult to maintain the consistency of the Penitentiary discipline, or
to secure its legitimate results in such cases, and it was, therefore,
deemed essential that the system of separation for all classes of
commitments should be introduced into all the County Prisons, and
in 1832 a Committee of the Society was appointed to investigate the
condition of these prisons throughout the State.
Matrons.—In 1833, the Society represented to the Prison Inspectors,
the propriety of appointing matrons to have charge of the female
prisoners.
Public Executions.—In 1834, the views of the Society were met, by
the passage of an act requiring all sentences of death to be
executed within the walls, or yard of the jail, limiting the number
and character of the witnesses allowed to be present, and forbidding
the attendance of any person under age.
Care in relation to the New County Prison.—Early in the year 1835,
the new County Prison being nearly ready to be occupied, the
Society became much interested in the system of discipline to be
there adopted; for though the Act itself provided for individual
separation, it was feared that the character of the prisoners to be
received might lead to a relaxation of this essential principle. They,
therefore, appointed a committee to take the matter in charge.
Plans for County Prisons.—Instructions were given to the Acting
Committee in 1836, to have plans prepared for the County Jails, on
the separate system. And upon their report in 1838, the legislature
was memorialized by the Society, to appoint commissioners to
investigate the condition of these jails.
Annual County returns of Crime, &c.—In 1839 and 1840, the Acting
Committee of the Society was engaged by calling the attention of
the Executive to the subject, and otherwise, in endeavours, by legal
enactment, to secure an annual return being made to the Secretary
of the commonwealth, with regard to the condition of all the county
jails, and the proceedings in the criminal courts; giving full statistics
on all points of especial interest, with a view to aiding in adapting
legislation to the existing state of things in the prisons, and
improving the criminal code, where necessary. Although a law was
subsequently enacted, to effect this very desirable object, it has
been almost wholly without operation.
Moral and Religious Instruction.—From its first introduction, moral
and religious influences, and instruction were considered to be
necessary adjuncts to the separate mode of discipline. This subject
was consequently referred to a committee of the Society in 1841,
and in 1843, the appointment of a special officer as a moral
instructor for the Philadelphia County Prison, was reported, his
salary being paid by private subscription. Such an officer had been
appointed in the Eastern Penitentiary in 1838.
Quarterly Journal.—The Society had, at different times from its rise,
expended considerable sums of money in publishing pamphlets, &c.,
with a view to enlightening the public mind, and thus furthering the
benevolent objects for which they had associated, and for the
promotion of which they were so constantly and zealously laboring;
and, finally in the autumn of 1844, it was deemed expedient to
commence the publication of a quarterly journal, as furnishing a
means by which they could embody in a more permanent form, the
results of their observation, inquiry and experience, and might also
embrace other kindred subjects. In pursuance of this conclusion, at
the beginning of the next year, the first number of the “Pennsylvania
Journal of Prison Discipline and Philanthropy” was issued, and, (with
the exception of one year,) has been continued until the close of last
year, (1861,) comprising in all 16 volumes.
“House of Refuge.”—In 1845, after observing the successful
progress of the House of Refuge for juvenile delinquents for a period
of nearly twenty years, the practice of frequently sending boys of an
older and more hardened character, to be confined there with the
younger and less so, was seen to be an evil which ought to be
remedied if practicable. The subject was discussed by the Society
from time to time, and the suggestion was made that a prison on
the separate plan, somewhat modified from the penitentiary, should
be erected for the reception of this older class, but the heavy cost of
such an establishment seemed to be an insuperable difficulty in the
way at that time.
Abuses in County Prisons.—In the autumn of 1846, one of the
officers of the Society, who had personally visited and inspected
several of the county jails, made a voluminous report of their
condition. His leading representations were, “the entire neglect of
wholesome discipline, the intermingling of prisoners of both sexes
and all ages, and every grade of crime, from murder to
misdemeanor, and the idle and vicious habits in which the prisoners
were allowed to live, made it almost a matter of doubt, whether the
public would not, in the end, gain by abandoning most of the jails.
Cases were mentioned, in which men had escaped and found honest
employment, who, if they had staid their time out in jail, would
probably, have sunk irreclaimably through the influence of such
associations, as they must have encountered there.”
Vindication of our System.—In 1847 a volume was published in
Boston, under the title of “Prison Discipline in America,” which was
ably written, and though not intending to misrepresent our system,
really did so very greatly, from a want of a correct knowledge of the
facts. The author being a gentleman of standing, and his work being
favorably noticed in two of the principal periodicals published in that
city, it was found that the prejudices previously existing against the
system we had adopted, were likely to be strengthened and
confirmed. To counteract this, and enlighten the public generally in
relation to the true character of the “Pennsylvania System,” a
pamphlet, written by one of our members, was published by our
Society in 1849, entitled “An Inquiry into the Alleged Tendency of
the Separation of Convicts, one from the other, to produce disease
and derangement,” by a citizen of Pennsylvania: 160 pp., 8vo. This
work had a wide circulation, and we trust has had a salutary
influence in removing unfounded prejudices, and correcting
erroneous impressions.
Colored Criminals.—In 1849, the Society entered into an
investigation of “what was alleged to be a marked difference
between the length of sentences passed on colored convicts,
compared with those passed on whites, and also the comparative
mortality of the two classes.” For the interesting results of this
investigation, see the first number of volume 5th of our Journal,
January, 1850.
House of Correction.—The Visiting Committee of the County Prison
became early sensible of the imperative necessity for some plan
being adopted by which to remedy the great evil to the prison and
its proper inmates, and burthen to the community, resulting from
sending there a vast multitude for vagrancy, intoxication, and
disorderly conduct, of which classes alone, the number committed in
1850 was 4,557. (The number of these for 1860 was 16,793.) Many
of these had sufficient bodily strength and ability to earn their own
living, but their idle and dissolute habits would be continued so long
as food and lodging were furnished them, either in the almshouse or
jail. “To mitigate, if possible, this evil, and to relieve the community
to some extent of the burthen it imposes, the Society adopted a
resolution in 1851, to inquire as to the expediency of establishing a
House of Correction, or probation, intermediate to the Almshouse
and Prison, for the reception and employment of this large class of
persons; and such measures were adopted by the parties interested,
as led to the passage of an act in 1854, establishing such an house.
The appropriation for the object was sufficient for an ample
experiment, though the details of the bill might be open to some
grave objections.” It is much to be regretted that from various
considerations operating upon the different parties on whom
devolved the duty of executing this law, its provisions were not
carried out, and it consequently became inoperative.
Neither the Prison Society nor the public were satisfied with this
failure, and the subject being renewedly pressed on the attention of
the Legislature, a new act was passed in 1860, under which a Board
of Managers have been appointed, and from the character of their
preliminary action, there appeared to be ground to hope that this
highly important advance in the reformatory movements of our
Commonwealth would soon be carried into effect. There is great
reason, however, to apprehend that the present disturbance in the
country may retard it.
Revision of the Criminal Laws.—In 1857 the Society memorialized
the Legislature to appoint a commission to revise and modify the
criminal laws of the State; and in 1858, a committee was appointed
to proceed to Harrisburg to promote the passage of the requisite law
for the purpose. The efforts of the Society in this behalf proved
successful, and resulted in such a revision and modification as must
be productive of much good, although the commissioners did not
feel authorized by the character of their appointment, to go into all
the questions suggested by our Society.
We have now accomplished what we designed in the projected plan
of this report, in tracing the history of our Society from its origin
down to quite a recent period; yet our sketch, extended as it has
been, fails to make anything approaching to a full exhibit of its
doings during that time.
It remains for us now to bring into view the principal transactions of
the last year or eighteen months, from which we think it will be
evident that “The Philadelphia Society for Alleviating the Miseries of
Public Prisons,” is still alive to the interests of humanity connected
with its sphere of action, as in its early days, and standing as a
“watchman upon the walls,” both to detect abuses which may exist,
and use efforts for their removal, and to avail itself of every
opportunity which may present for furthering the progress of penal
reform, not only within our own City and State, but also amongst our
neighbors.
Prison at Washington.—In 1860 we were informed that there was a
proposition to erect a new prison at Washington City, and our
Society immediately took action in relation to the subject, with a
view to communicating with the authorities there, and urging upon
them the importance of making their arrangements so as to adapt
them to introducing the system of cellular separation.
Circumstances, however, prevented this communication from being
made, and we believe that no actual steps have yet been taken by
them to carry out their proposition, and we have recently had
accounts of a most deplorable state of things in their jail. Shocking
as the account is, we can only appropriate space to introduce one
short quotation, to wit, “In other portions of the building are narrow
passages, five feet wide by twenty-five feet long, upon which open
three cells. In each of these, only ten feet long by eight wide, ten
prisoners sleep, and during the day the whole thirty have merely the
liberty of moving through the twenty-five feet of crowded and fetid
passage-way, without books, papers, work, or any mental distraction
beyond the idle words of their companions.”
New Prison in New Jersey.—Learning also that a proposition to erect
a new Penitentiary in the eastern part of the State of New Jersey,
was likely to be brought before their Legislature last winter, our
Society adopted a memorial of a character very similar to that of the
communication intended to have been forwarded to Washington,
and appointed a committee to take charge of it. A part of this
committee visited Trenton, and in a very satisfactory interview with
the Governor, were assured of his cordial co-operation in promoting
our views. The memorial was duly presented to the Legislature. No
action, however, has yet been taken in reference to this important
matter, and it is feared that the terrible calamity which has overtaken
our beloved country will occasion its postponement.
Proposed Change in Mode of Appointing Inspectors.—A movement
having taken place in our State Legislature in the session of 1861, to
take the appointment of the Inspectors of the Eastern Penitentiary
from the Supreme Court, where it had been placed by law; our
Society immediately forwarded a remonstrance against the proposed
change. They apprehended that the motive to this was, at least in
part, political partisanship, and whether so or not, the result, if
successful, would almost inevitably be to drag our noble Penitentiary
and its government into the arena of partisan politics, which would
be a deplorable calamity. The change was not made.
Law for shortening Sentences.—At a stated meeting of the Acting
Committee, held October 18th, 1860, the following preamble and
resolutions were introduced, and being unanimously adopted, were
referred to a special Committee of five members, to take the subject
into consideration, and make report thereon to a future meeting. To
wit: “Whereas, the hope of reward is to the human mind one of the
strongest incentives to good conduct; and as, in this enlightened
age, such incentives are found to be more humanizing than
punishment, which partaking of the character of vengeance begets
its like, as a natural result, in the mind of its victim; and as under
the present humane mode of treatment of another class of sufferers,
kindness and consideration are found more effectual as remedial
agents than chains and dungeons, which were formerly resorted to.
And whereas the opportunity of doing overwork in the prisons of our
city has been attended with advantage, by promoting the benefit of
the prisoner, and contributing to the good order, as well as to the
pecuniary profit of the Institutions, thus giving reasonable ground
for believing that further service may be rendered to the cause of
humanity, by taking another step in a like direction, it therefore
becomes those interested in promoting the improvement of their
kind, and in relieving the miseries of public prisons, to consider
whether there be not a mode, by which those convicted of crime
may be further encouraged in a course of good conduct, and
confirmed in habits of morality and good order. Therefore—Resolved:
That a Committee of —— be appointed to take into consideration,
and report, whether some plan may not be suggested, by means of
which the terms of sentences might be somewhat shortened,
dependent on a continued course of good conduct of the prisoner;
thus encouraging them in the practice, and perhaps establishing the
habit of subordination and submission to those in authority, and to
the laws of the community; and also to consider any other plan likely
to produce the same effect, that may occur to them, or be presented
for their consideration.”
At a stated meeting of the Acting Committee, held February 21st,
1861, the Committee appointed to take into consideration the
foregoing Preamble and Resolution, made an elaborate and able
report, signed by four of the members, of which the following is an
abstract. They inform, that after first entering on the consideration
of the subject, they concluded to ask a conference with the
Inspectors of the Eastern Penitentiary, to ascertain their views in
relation to the matter. That their application to the Board was
referred to the Visiting Inspectors, with whom the desired interview
was obtained, and the result was sufficiently encouraging to induce
the Committee to give the subject further consideration. They
subsequently concluded that it was expedient to adopt the principle
of the Preamble and Resolution referred to them, and prepared a
schedule of such apportionment of the time proposed to be
deducted as appeared to them suitable; and they agreed to propose
to the Society that an application should be made to the Legislature
for the enactment of a law to carry the same into effect. This result
was arrived at after much reflection on the subject, and inquiring
into the results of the practical working of the system in five of the
States of the Union, to wit: Massachusetts, Michigan, Wisconsin,
Iowa, and Ohio, where the plan had been several years in operation,
and the testimony of the Inspectors and Wardens of the prisons
where it prevailed was highly approbatory.
The Committee also, in the course of the consideration of the
subject referred to them, applied to Judges Thomson, Allison, and
Ludlow, of the Court of Quarter Sessions of this county; Ex-Judge
King, largely experienced in criminal jurisprudence; Ex-Judge Lewis,
of the Supreme Court, and Wm. B. Mann, District Attorney, asking
their opinion in relation to the proposed measure. A written reply
was received from each of them, expressing favorable views.
[As it is proposed to publish this Report, with the letters of the
Judges and District Attorney, in an Appendix, in full, this synopsis is
deemed sufficient for our present purpose.]
The Committee appended to their report the following Resolution:
“Resolved, That a Committee of five be appointed to apply to the
Legislature for the passage of a law, in conformity with the
recommendation set forth, with authority to proceed to Harrisburg,
to endeavor to procure its enactment.”
They also appended thereto a schedule of the proposed deduction to
be made for continued good conduct on the part of prisoners.
The time of the meeting at which the report was received being so
occupied with other matters as not to allow of a full discussion of a
subject of such importance, it was concluded to adjourn for one
week, for this special purpose.
At the adjourned meeting, held February 28th, it was taken up and
freely discussed; but without taking the question on its adoption, it
was continued over to the next stated meeting, with an
understanding that it should then have precedence of all other
business. Accordingly, at this meeting, March 21, 1861, a full
expression of the views of the members, in regard to the measure,
took place. After which, the question was taken by yeas and nays,
and resulted in its adoption by a decided majority. And at the next
meeting, one of the members who had voted in the negative, asked
and obtained leave to have his name recorded in the affirmative, on
the ground that he had voted under a mistake. Thus, the final result
was the adoption of this important measure, by more than two votes
in the affirmative, against one in the negative. A memorial to the
Legislature, asking for the passage of a law to carry out these views
of the Society, was immediately adopted, and being duly signed by
the President and Secretary, a portion of the Committee attended
with it at Harrisburg, to represent the Society in making such
explanations as might be called for, and urging its passage. This was
accomplished in the Senate, about two weeks before the close of the
Session, the bill sent up by the Society having been by each House
first referred to the Judiciary Committee for examination and
approval. Final action on it, in the House of Representatives, did not
take place till near the close of the Session. The Act being passed,
was approved by the Governor, and became a law on the first day of
May last. It is intended to publish it in the Appendix hereto.
We understand that the Inspectors of our County Prison are acting
under this law, and we trust its salutary influences will soon become
apparent. At the Eastern Penitentiary we learn that no direct steps
have been taken towards carrying it into effect, unless the fact of
their having opened a book, in which cases of prisoners sentenced
since its passage for a term of over ten years, are entered with a
view to applying its provisions to them, may be viewed as such a
step. They have declined acting, on several pleas, which we think
untenable. One, that the Act is ambiguous and its true meaning not
susceptible of interpretation. Another, that such a law is
unconstitutional. But we submit whether this latter question should
have been raised by them, when the same body of gentlemen about
the time this Act was passed, that is, in their Annual Report issued in
January 1861, recommended to the Legislature the adoption of the
following provisions, embracing precisely the same legal and
constitutional principles.
First.—“That in all cases of first conviction for crime, of
minors, the term of imprisonment shall be terminated by the
Inspectors, with the consent of the president judge of the
court in which said minor was sentenced, when in their
opinion the punishment has produced its expected results.”
Second.—“That in all cases of first conviction for crime, of
persons between 21 and 25 years of age, the term of
imprisonment shall in like manner be lessened, as a reward
for good conduct, by the reduction of three days in every
thirty, after the first twelve months of imprisonment.”
We, however, think that it would be illy worth our while on this
occasion, to enter into an elaborate defence of the law, especially, as
it is probable that measures will soon be taken to procure a judicial
interpretation of it. We shall, therefore, dismiss the subject after
merely putting ourselves right, in relation to some erroneous ex
parte statements with regard to our Society, unnecessarily
introduced into the recently published Special Report, in which the
committee of the Inspectors undertake to discuss and condemn the
law in question. First. In two or more instances, it is stated that the
passage of the Law was procured by “members” of the Society; in
one, the assertion is that “some one or two of the Prison Society’s
Committee caused the Act, under examination, to be enacted into a
law.” The history of the whole business which we have just given,
from the first introduction of the measure to the notice of the Acting
Committee, till it became a Law of the State, abundantly proves that
it was the Society which was acting; sometimes, in its associated
capacity, and sometimes, through its individual members, who were
empowered to act for it. The Society appeared at Harrisburg by a
delegation, not in a body. Second. Certain paragraphs or passages
are introduced into their Report, which are said to have been
extracted from an article entitled, “Considerations respecting some
recent legislation in Pennsylvania, originally written for the Journal of
Prison Discipline, vol. 16, October 1861.” The extracts themselves
present an erroneous view of the proceedings of the Society, but, we
are willing, for the present, to let them pass. But the implication in
the Report, that the Society or its Acting Committee, had cognizance
of the article referred to, when offered for publication in their
Journal, is calculated to make an erroneous impression. Neither the
Society nor the Acting Committee had any responsibility, either for
the acceptance of the part published, or for the rejection of the
remainder. It never came under their notice, till after it was printed
and circulated.
Abuse of Power by Magistrates.—The corrupt and oppressive abuse
of power by the Committing Magistrates is a great evil with which
our Society has been battling almost from its origin, but without yet
vanquishing it, as the report of the Prison Agent for the last year will
abundantly prove. We have a committee under appointment in
charge of the subject.
Pardons.—The pardoning power, and the manner in which it is
exercised, have also recently again claimed our attention.
Tobacco.—The Inspectors of our County Prison have adopted a rule
by which the use of tobacco has been entirely excluded from the
prisoners confined there, unless it be in cases strictly medicinal. This
rule has been in force for upwards of two and a half years, and the
resident Physician, in each of his Annual Reports, has spoken in
strong terms of its salutary results. Its use has not yet been
prohibited by the Inspectors in the Eastern Penitentiary, though the
quantity allowed to be furnished has been much reduced. Our
Society has had under the care of a committee, the consideration of
the propriety of memorializing the Inspectors in favor of adopting a
similar rule to that in force in the County Prison, but no final
conclusion has yet been arrived at, so far as to justify any official
action. In the meantime, however, the visitors are encouraged to use
moral suasion amongst those using it, to abandon the practice. It is
very satisfactory to know that this course has been successful in
several instances, and that the individuals have since expressed their
conviction of the advantage of this change in their habits.
Discontinuance of the Quarterly Journal.—The publication of the
Prison Journal, which was commenced in 1845, as heretofore stated
in regular course, was maintained at a heavy charge upon our funds,
so that after payment of the other current expenses incident to
conducting the Society, such as compensation to the Prison Agent,
room-rent, slates, copy books and other stationery for the use of the
prisoners, &c., the balance, to be appropriated to the relief of
discharged prisoners, and other practical objects properly having
claims on a “Society for Alleviating the Miseries of Public Prisons,”
was very small, and as appeared to many, insufficient. They doubted
its being a legitimate appropriation of so large a portion of the
income, and individual members frequently conversed together on
the expediency of discontinuing the publication, the annual cost of
which was about $550. In 1858 a resolution to discontinue it was
introduced, and earnestly and largely discussed, but on a pledge
given by those desirous of continuing the publication, that they
would take such steps as would secure an ample addition to our
annual income, it was agreed that it should not be suspended at that
time. Efforts were made soon after, which resulted in an increase in
the annual subscriptions for one or two years, but each year since, a
number of our subscribers declined paying, and the calamitous war
which has overtaken our country, has occasioned such a reduction of
our means, both actual and prospective, as to make it evident that
we must either suspend the publication, or suspend the
appropriation, which was already much too small, for the relief of
discharged prisoners. In this state of our affairs, many of the
members could not hesitate a moment which alternative to choose,
and therefore a resolution for its discontinuance, and the
substitution of a full Annual Report was introduced and entered on
the minutes, with notice by the mover that it would be called up for
consideration at the meeting to be held three months after its
introduction. At the meeting designated, it was accordingly taken up
and extensively discussed in the “Acting Committee,” and a
resolution referring it to the next stated meeting of the Society, with
the recommendation that the measure should be there adopted, was
passed by a large majority. Accordingly, after being freely discussed
by the Society at that, and also an adjourned meeting, it was
adopted in a modified form, by which the Quarterly publication
should be discontinued, and an Annual Journal substituted for it,
which should contain an Annual Report, and such essays or other
matter as might be offered, and be deemed suitable by an Editorial
Board, to be elected for the service.
Before leaving the subject of the discontinuance of our Quarterly
Journal, it is proper to refer to its late editor, our fellow member,
Frederick A. Packard, who took charge of it a few years after its
commencement, and conducted the publication with marked ability
from that time till its close. The Society is indebted to his pen for
many valuable articles published in the Journal, and separately.
Lunatics.—An evil of no small magnitude, in the consideration of
which the Society has been earnestly engaged, is the practice which
prevails of committing lunatics to our County Prison, some of whom
have been convicted on criminal charges, and others “picked up in
the streets, and committed for want of a better home,” as we are
assured by the Prison Agent. An application, in which our Society is
co-operating, is about to be made to the Legislature, which it is
hoped may result in an arrangement being made which may relieve
the prison of this class of its inmates.
Prison Agent.—William J. Mullen, who has for several years been
under appointment by the Inspectors of the County Prison, and also
by our Society as “Prison Agent,” has been as indefatigable in the
discharge of his duties during the past year as heretofore. His
particular province is to take cognizance of, and inquire into all cases
of alleged oppressive and illegal commitments to the County Prison;
and in the course of his investigations he frequently procures
conclusive evidence that individuals have been committed on
charges which were utterly groundless, or at least frivolous and
insufficient. From his interesting Annual Report, embracing the year
1861, just issued, we learn that he investigated 2,700 cases during
the year, and with the co-operation of the constituted authorities,
succeeded in liberating 1,182 of these from prison. He seems to
have devoted his whole life and energies to this service, the duties
of which he discharges with great fidelity.
Prison Library.—The Library at the Penitentiary now contains about
2,900 volumes, of which about 680 are in the German and French
languages. The selection has been made with a view to furnishing
interesting and instructive reading, adapted to the various capacities
and tastes of the prisoners; and it is satisfactory to be able to report
that the books are extensively used. The number of volumes loaned
during last year was about 20,000. When we remember that the
average number in confinement during the year was not over 458,
many of whom were very degraded and ignorant, and wholly unable
to read when they entered, it becomes in our view, an interesting