of the senate from New Jersey, and, in Vaux, of Philadelphia, addressed to him the following year, was chosen governor. a Letter on the Penitentiary System of He subsequently was appointed to the Pennsylvania (Philadelphia, 1827), from bench of the supreme court, and con- which, and from another production of tinued to sit upon it until his death, at this gentleman, we shall present to our Albany, on the 9th of September, 1806. readers various extracts in the course of He was an able statesman, an upright this article. We would also refer the judge, and a disinterested patriot. reader, for more particular information Pavois. (See Shield.)

than our limits will allow, to other publiPEARL SPAR. (See Dolomite.)

cations of Mr. Vaux, who is indefatigaPenco. (See Conception, La.) ble in promoting the education of chilPENITENTIARY SYSTEM OF PENNSYL- dren and the correction of criminals.

One of the points which have The publications to which we allude are occasioned the greatest division of opin- Notices of the Original and Successive ion among the friends of the penitentiary Efforts to improve the Prison Discipline system, relates to solitary confinement. in Philadelphia, and to reform the Penal One party contend that this should be Law of Pennsylvania (Philadelphia, 1826); made the very basis of prison discipline, a Discourse delivered before the Historiand have carried their principles into ef- cal Society of the State of Pennsylvania fect in the Eastern penitentiary of Penn- on New-Year's Day, 1827 (Philadelphia, sylvania: others strenuously oppose it. 1827); and a Letter to Bishop White, the The opinions expressed in the article President, and other Members of the PhiPrison Discipline, in this work, are rather ladelphia Society for alleviating the Misunfavorable to the plan adopted in Penn- eries of Public Prisons, in No. 8, vol. i, of sylvania. As the question is one of great the Journal of Law (Philadelphia, 1830): interest, and as many misconceptions on - Before going into the subject of this artithis subject exist among those who are cle, we would remark that it is believed by sincerely devoted to the reformation of many foreigners, that the Pennsylvania prisons, we have thought it not improper penitentiary system bas been abandoned to give, in this place, a view of some of in the very state from which it takes its the arguments which may be urged in name. The following passage from the support of the principle of uninterrupted message of the governor of Pennsylvania solitary confinement. All that will be at- to the legislature of that state (Dec. 6, tempted will be to touch upon the main 1832), shows that this is a mistake, and features of the question, and to offer some throws light upon other points in quessuggestions, derived from the writer's own tion :—“Our penitentiary system,” says experience, with the view of making it governor Wolf, “as immediately connectappear that the system of solitary confine- ed with the administration of criminal ment, as now practised in the Eastern justice, is to be regarded as being of the penitentiary in Philadelphia, is the only first importance, in reference as well 10 effectual mode of making prisons schools the security of the persons and property, of reformation, instead of schools of cor- as to the general morals of our citizens ; ruption. The more light there is thrown and, so far as regards the Eastern peniupon this subject, the better for the cause. tentiary, the philanthropic advocates of Strong, and, in our opinion, unfounded penitentiary reform may justly congratuprejudices against the system of solitary late themselves upon the success with confinement, are entertained even by which their exertions have been crowned, men justly esteemed for their enlight- in bringing so near to perfection a system ened views and strenuous labors for the good of mankind. The late William in vain.” And yet-to such mistakes are great surrounded by so many difficulties. The worse; here thought and reflection will government of this prison has been con- crowd upon the mind, and prepare it for ducted, in regard as well to its econoiny solemn impressions, and for moral and reas its discipline, in a manner worthy of ligious instruction. The discipline estab

a all commendation ; and the experiment lished in this prison; the manner of the of the efficacy of solitary confinement construction and arrangement of the with labor, so far as there has been oppor- building itself, and of the cells in which tunity to test it, has exceeded the expec- the prisoners are confined and employed, tations of the most sanguine among its are admitted, by all who have turned their friends. On the 25th October, 1829, the attention to the subject of penitentiary refirst convict was received into the Eastern form, to possess decided advantages over penitentiary ; and from thence until the those of any other establishment designed 1st November, 1832, the whole number for similar objects, in this or any other admitted amounted to 132 males, and 4 country. Foreigners, whose especial busifemales, convicted of various offences. On ness it has been to visit the penitentiaries the day last mentioned, there remained in in this country, generally, for the purpose confinement ninety male and four female of acquiring information in reference to prisoners. The whole number discharg- the subject of penitentiary punishment, ed between the above dates, by reason of and its efficacy in producing reformation the expiration of sentence, was twenty- in those subjected to its discipline, have, eight: nine died, and five were pardon- with one voice, awarded the meed of ed. One fact, in reference to this institu- merit to that established in the Eastern tion, bears strong testimony in favor of its penitentiary of Pennsylvania. I have the discipline. It appears that not a single satisfaction to inform you that, of the 400 convict discharged from this prison has additional cells recently directed by the ever been returned to it; which would legislature to be constructed, 100 are fin. seem to prove pretty clearly, either that a ished, and will be ready as soon as the thorough reformation has been produced, plastering shall have become sufficiently or that a dread of a repetition of the unso- dry to receive prisoners: 118 more are in cial manner of life which had proved so a state of forwardness, and the wbole irksome before, has deterred from the number will be completed in the course of commission of crimes within those limits the ensuing season."* The report to be of the state in which a conviction would made upon the Eastern prison during the insure a sentence to the Eastern peniten- present session of the legislature of Penntiary. The annual accounts of the prison sylvania, we understand, will contain satare not closed until the 30th of November. isfactory proofs of the advantages of the I have not, therefore, been able to ascer- system, and an account of essential imtain, with accuracy, how far the earnings provements in the architecture of the of the prisoners will be available to de- prison. In the article on Prison Discifray the expenses of the institution. It is believed that , for the present, they will pay last report of the inspectors of the Westeru peni

* The governor continues as follows: " From the all except the salaries of the officers; and tentiary, as well as from a partial personal inspecit is not doubted that, as soon as the pris- tion of it, I am satisfied that its condition, and the on shall have been fully organized, the fruits of the course of discipline there exercised, entire expenses will be defrayed out of are directly the reverse of that which I have just the proceeds of the establishment. The aitempted to describe. From the imperfect plan

of the building itself, and the inconvenient, inju. experiment made in the Eastern peniten- dicious arrangement of the cells, the discipline of tiary has demonstrated the fact, that soli- solitary confinement with labor cannot be enforetary confinement with labor does not im- ed'; the prisoners cannot be restrained from conpair the health of those subjected to that versingai ith each other; every prisoner may ac. species of discipline. The prisoners work quite a knowledge of the individuals confined

within its walls ; contamination from conversatiou to more advantage : having no opportuni- with his fellow prisoners may take place; the ty for conversation or amusement, they cell of the prisoner cannot, as in the case of the eagerly desire employment; here all Eastern penitentiary, be used as his worksbop. in communication is cut off; no one knows which he may always be usefully and profitably his fellow prisoner; no acquaintance is ed with the several cells

, which renders it neces

employed; there are no separate yards conneciformed; no contamination takes place ;, sary, for the health of the prisoners, to allow then the convict sees no one, holds commu-' frequently to associate with each other in the nion with no one, except such as will give common vards. Many other defects exist, and him good advice; he is placed in a situa- many important alterations will be required to fil tion where he has every inducement to discipline so successfully practised in the Easiera

this establishment for the same course of salutary grow better, but little temptation to grow penitentiary."

pline, in the body of this work, it is said the Introductory Report to the Code of that," unless some decided advantage is to Prison Discipline, explanatory of the be gained by a more expensive system Principles on which the Code is founded, (the Pennsylvania plan of separate con- being Part of the Penal Law prepared for finement), it (the Auburn system) ought to the State of Louisiana, by Edward Livbe preferred.” We believe that the Penn- ingston; printed separately by Carey, sylvania system affords many advantages Lea and Carey (Philadelphia, 1827).-But which can be but partially attained by all this severity is avoided in the system the Auburn system, or not at all; and of permanent separate confinement. Comthat it is the best suited, of all the prison . munication, and consequent contaminasystemas yet devised, to the demands of tion, cannot take place; and yet the systhe age. All persons agree that it is of tem requires neither stripes nor any punthe first importance to prevent prison- ishment in order to enforce it. It works ers from contaminating each other. It calmly and steadily, without subjecting is a melancholy fact that, wherever a the convict, by continually repeated punnumber of persons, who have openly ishment, to a continual recurrence of distransgressed the laws of society, or whose grace for misdemeanors which the comcharacters are corrupt, are brought to- mon principles of human nature are suffigether, and allowed to have free inter- cient to induce him to commit. But even course with each other, each individual if we could obtain entirely the desired end has a tendency to sink to the level of the -interruption of communication-by the worst. The intercourse of the vicious is Auburn system, would this system be demutually corrupting, in the same manner sirable on other accounts? The article on as the intercourse of good men is mutual- Prison Discipline, speaking of solitary conly improving. To prevent this contami- finement, says, “ In the silence and darknation, all agree that, during the night, ev- ness of night the voice of religious instrucery prisoner should be separately confin- tion is heard ; and, if any circumstances can ed; but many have thought that, during be imagined, calculated to impress the the day time, the criminals engaged in warnings, the encouragements, the threats common work may be so strictly watched or the hopes of religion upon the mind, that no communication can take place it must surely be those of the convict in among them. In order to effect this his cell, where he is unseen and unheard, which is the system followed at Auburn and where nothing can reach him but the -a very severe discipline has necessa- voice which must come to him, as it were, rily been resorted to. "No criminal is al- from another world, telling him of things lowed to speak to a fellow prisoner: the which, perhaps, never entered into his meals are taken in the separate cells. Beat- mind; telling him of God, of eternity, of ing by the keepers must be allowed, or the future reward and future punishment, of discipline cannot be enforced ; and it can suffering far greater than the mere physieasily be imagined how severe a disci- cal endurances of the present life, and of pline is required to suppress that desire of joy infinitely beyond the pleasures he may communication which is so deeply plant- have experienced." This effect certainly ed in human nature, and to counteract the may take place; but it cannot occur often artifices of a host of adepts in cunning, to if the convict is in his cell only during the suppress looks, signs, &c. Mr. Lynds, night, when his time will be principally who built the prison at Sing-Sing, in the spent in sleep; and, though the nights of state of New York, and who must be winter afford much more time than is reconsidered as the inventor of the system quired for this purpose, men can accusof discipline pursued in the prisons of Au- tom themselves to very protracted slumburn and Sing-Sing, says that his greatest bers, especially if they have never been difficulty has been to find keepers who accustomed to reflection, which must be were not too lenient.-We would also re- the case with most convicts. The great fer the reader to a letter written by Mr. object referred to in the above passage Edward Livingston (the present secretary can be obtained, in our opinion, only by of state, and the framer of the code of separate confinement day and night. The Louisiana) to Mr. Roberts Vaux, Oct. 25, greatest step, we believe, which a convict 1828 (and which appeared at the time in of the common sort can make towards the public prints), concurring in the opin- reformation, is from thoughtlessness to ion that communication can be prevented thoughtfulness. Few of those committed only to a certain degree, and only by the to prisons are accustomed to think: it use of very great severity, if the convicts is for want of thought that they became work together in the day time. See also guilty. Surrounded as they are, in the Auburn system, by a variety of objects ergy of which very few are capable. The during the day, they cannot feel the same feeling usually produced in any man, by inducement to reflection as under the any punishment, is that of offended pride, pressure of constant solitude. It is diffi- of irritated self-love. The prisoner, at cult, even for a man accustomed from his the moment of conviction, does not reyouth to reflection, and to a mode of life flect on the justice of his punishment, but which offers a great variety of objects and places himself in opposition to the rest of subjects, to entertain himself in long-con- mankind, as an injured man, or, if he be tinued solitude. He must occupy his mind of a better nature, with the embittered with himself. The writer may be per- feeling of an outcast. In this state of mitted to refer to his own experience, mind he enters the prison. If uninterhaving been imprisoned for a considerable rupted solitude awaits him, he will, if he period during a time of political persecu- is capable of reformation by any means tion; and, though he was not haunted but the devoted labors of personal friends with remorse, and had more resources, in which character, of course, the gov

from the habits of his past life, than can ernment cannot address him), become · fall to the lot of most of the inmates of thoughtful. When he has reached this

prisons, he can testify to the power with state, no new punishment awaits him; no which solitude forces a man to make him- new shame; no corrupting and degrading self the subject of his contemplation-a company; no new cause for considering power which can hardly be realized by himself an outcast, and fit associate for one who has not felt it. How strongly the worst. His solitary confinement hangs must it operate on the common convict! over him, indeed, as a severe dispensation, Deprived of most of the resources of edu- but does not daily renew the irritation of cated men; constantly reminded of the his pride. However much he may have cause which brought him into this situa- been offended by his sentence, the prison tion; undisturbed by any distracting ob- in itself inflicts no further degradation. jects; enveloped in silence—he needs must The keeper appears as a friend rather than think. This power of solitude was ac- a severe overseer. If he is disposed to reknowledged by the wisest and best of an- form, his weakness is not constantly put to tiquity, who retired from the walks of the trial by offended shame, by the considmen to prepare themselves for great tasks eration that he is an outcast and associate of by undisturbed contemplation. The la- outcasts. We have asked many prisoners, bor which the convict performs in his in permanent solitary confinement, whethcell, and which is indispensably necessa- er they would prefer to be placed together ry, does not disturb him, because it soon with others; and they have almost invarialoses the distracting power of novelty; and, bly answered that they considered it as though it will engage him sufficiently to the greatest privilege to be left alone. It prevent him from sinking into torpid sul- ought not to be supposed that solitude lenness (as experience shows), it does not bears so hard upon the mind of the prisinterrupt his contemplations. When he oner, that he would exchange it for any has once begun to reflect, he must come other situation which would bring him to the conclusion that virtue is preferable into contact with other human beings. to vice, and can tranquillize his troubled When the writer, after an imprisonment mind only by resolving on reformation: of eight months, was offered the compahe must at last seek comfort in the mercy ny of another prisoner in his cell, conof that Being who created him in his fined also on political grounds, he refused goodness, and who will receive him, not the offer, though it was repeated at seywithstanding his guilt, if he is sincere in eral different times. If the prisoner has his repentance. This will be the natural made any step towards reformation, he course of most prisoners in uninterrupted always will wish to remain alone. How solitary confinement, judging from the ob- different from this is the operation of the servation which we have made on con- Auburn system ! As soon as the convict victs thus confined. All agree that prison leaves his cell, he sees and feels anew discipline ought to be such as to afford a that he is degraded : he knows and is possibility for the reformation of the pris- known by his fellow convicts; the keeper oner; and this seems to us possible only is (and necessarily must be) a severe, inin the Pennsylvania penitentiary system. exorable overseer. He is treated every The cases must be very rare in which a day anew as an outcast from society; his person, in the moment of his conviction, pride is constantly offended ; or, if he has feels the entire justice of it, and resolves no pride, no opportunity is afforded for to become better : it requires a moral en- the feeling of self-respect to spring up.