How the first thing she said, to the culprit's surprise, And when in reply, Mr. Sloggs meekly said, 66 My dear, your a'n't well-let them take you to bed"-It was shocking to hear her reply in a rage, "Bed be" something with which I can't sully my page: And then it was still more distressing to hear How she put him in torments of bodily fear ; She knew how she'd serve him-she'd soon let him know But the worst of the story I've yet to unfold; I've two or three morals I wish to convey; And unless you are careful of what you're about, The third, and it is the most weighty by far- The centre round which all your thoughts and words move :- YOUNG PHIZ. 548 PRISON DISCIPLINE-THE PENITENTIARY SYSTEM. No. II. HAVING in our last number given a sketch of this system, to show its constituent character, and fundamental principles, it now becomes our duty to describe the power by which it is put into action; inasmuch as it is evident that the public mind ought to be enlightened to the utmost upon a question so highly important to society, as the extensive changes which have already been made, and are still in progress, throughout the whole system of our criminal jurisprudence. Having already pointed out the great difference between the two systems of prison discipline in America, namely, that of Auburn, on the model of which are established the penitentiaries of Sing Sing, in New York, Wethersfield, in Connecticut, Boston, in Massachusetts, Baltimore, in Maryland, &c., and that of Cherry-hill, the state prison of Pennsylvannia, in which total seclusion with labour is the fundamental principle of its constitution, we shall now show how they are administered. The ADMINISTRATION or power by which each of these establishments is put into action, is regulated by three inspectors, who have the higher control and moral government of the prison; under these officers is placed a warden or superintendent, whose authority is in general very extensive: the next officer is an accountant and secretary, to manage the financial part of the institution, and then a proper number of under-agents and keepers. At Auburn, Sing Sing, Wethersfield, and Philadelphia, the superintendent is named by the inspectors; in Boston, by the governors; in Connecticut, the inspectors are appointed by the legislative body; in Massachusetts, by the state governor; and in Pennsylvania, by the supreme court; but in every case the warrant which nominates the superintendent is revocable at will. The inspectors at Wethersfield and Philadelphia perform their functions gratuitously; and in the other prisons only a very moderate remuneration is required, not more, in fact, than will cover their ordinary expenses. This is a remarkable feature in the system; and another well worthy of our attention, if not of our imitation, is, that the most distinguished men in society (senators and magistrates) seek this employment as a favour. The most important office in the prison is, doubtless, that of the superintendent, and this post is always confided to men distinguished by their fitness, honourable conduct, knowledge, and capacity; but these gentlemen have a much higher authority to obey than that which appoints them-before which they are strictly amenable, and which, in free nations, is stronger than all others-we mean public opinion. For in North America these penitentiaries, as well as the ordinary prisons, are considered common property, and, therefore, are open to all who choose to inspect them. The penitentiary of Philadelphia is the only exception to this rule, as to seeing the convicts, because such visits would interfere with the principle of absolute silence upon which that system is founded; but those who have visited these abodes of the guilty, must recognize the good order that reigns within them. Instead of avoiding the public eye, the superintendents and inspectors render a faithful account annually, either to the legislature, or governor of the State; their reports combine statements of the moral as well as financial condition of each prison; in these are pointed out the existing abuses, with the remedy required or proposed. These reports are printed and published by order of Congress, and then every one may comment upon them. The journals reprint them carefully, and by these means there is not an inhabitant of that vast territory who may not know exactly how the prisons of his country are governed, or who may not, by his knowledge and his fortune, assist in their improvement; a general interest is thus excited, which causes a perpetual vigilance to be exercised by the officers employed in these prisons, as well as a zeal and extreme circumspection which they would not possess if they were shaded from public view, as such persons generally are in Europe. DISCIPLINARY MEANS.-We shall now see how the system acts in its internal organization, or the means by which its power is maintained. On the arrival of a prisoner, he is visited by a physician, who certifies to the state of his health: they then give him a bath, cut his hair quite close, and put on him a suit of the prison uniform; and if at Cherry-hill, the Philadelphia Penitentiary, the convict is immediately conducted to his solitary cell, out of which he never moves during his term of imprisonment; in this place he works, feeds, and sleeps; and the construction of the cell is so complete that there is no occasion for him to leave it. At AUBURN, and the other prison on the same model, the prisoners are subjected to a system essentially different in some respects from that just described; in these, the culprit, after similar ceremonies as those just mentioned, is at first, but only for a few days, plunged into complete solitude, which soon tames the most refractory felon, who petitions early for some sort of employment to relieve him from the horrors with which he is surrounded; this favour is readily conceded, and he is then summoned from his cell to labour in the workshop. The system is worthy of attention. At break of day the bell tolls, the gaolers open the cell doors, and the convicts arrange themselves in lines under their respective keepers, march into the square, halt and wash themselves; thence they proceed to the workshops, and commence their labours, which are never interrupted except at the times of breakfast and dinner, when the prisoners are collected in a large refectory; but this mode of feeding the convicts is not generally adopted, as for instance, at Sing Sing, and some others on its plan, the felons retire into their cells and take their food separately. This last rule is thought preferable to that of Auburn, which is inconvenient, and might be dangerous. At the close of day the work ceases, and the convicts are marched back to their solitary cells for the night. Their rising in the morn, their entry into the workshops, their repasts and retiring to rest, all proceed under a profound silence; and in these vast buildings scarcely any sound is heard, except that of the feet in marching, and 8 the ordinary noises incident to the tools and materials used in working. When the day's work is over, and the unhappy men have re-entered their solitary cells, the silence which reigns within the vast area of these massive walls, where so many hundreds of criminals are confined, resembles that of a cemetery. Many persons have visited during the night those gloomy and vaulted galleries, where the solitary lamp throws its dubious light upon the scene; and it appears as if you were traversing the catacombs, for strange as it may appear, there are genenerally 1000 human beings confined within this spacious enclosure, and yet it seems to be a perfect solitude! The same routine is observed every day; in these prisons there is no distinction of persons, all the convicts are treated exactly in the same way; their food is plain, wholesome, and in sufficient quantity; neither spirituous nor fermented liquors are allowed in them; water is their only drink; convicts who possess property are no better off than the others; and those horrid abuses, called "canteens," are utterly prohibited as being the very sinks of grossness and immorality; it would be in the highest degree unjust as well as cruel to restrict a poor prisoner to the diet and usages of the prison, and yet allow perhaps a greater felon, who possessed wealth, to feast in extravagance, as has been so often the case in England, France, and other countries. The treadmill, so common in English prisons, is never used in those of America; the people of the latter country do not see what good can be effected by machinery moved solely by the mechanical force of the prisoners, without calling out even the smallest share of ingenuity, or causing any exertion of the mind. This mere physical employment, they say, barely prevents absolute idleness, but it is quite barren of any power to improve the prisoners. Instead of this cumbrous and unprofitable machine, the criminals in North America are taught a knowledge of useful trades; their work is generally valued to a contractor, who pays a certain price for each day's work, and who takes all that is manufactured by the prisoner. The bedding and clothes are generally supplied by the superintendent, who makes the contracts for such matters, and by having these things manufactured by the prisoners, much bargaining is avoided. At Auburn, Sing Sing, and Boston, the diet of the convicts is supplied by a contract which can only last one year, and there is a sepa rate contractor for each species of goods manufactured in the prison. This management prevents any individual from gaining any undue influence, nor can a contractor upon any pretence interfere with the discipline of the prison. He must not speak to those confined except to teach them some part of the business for which he is engaged, and even then it must be done in presence of a keeper. In surveying carefully these various establishments, one cannot avoid being forcibly struck with the ardour, and often talents, with which the convicts carry on their work; and what renders their zeal altogether surprising, is, that they act without the ordinary excitements of personal interest. We know that in the greater part of the European gaols, where labour is permitted, a part of the profits of the work is given to the prisoners; but nothing of this kind is allowed in America. In that country the principle is in its full force which states that "criminals owe all they can earn to society as some indemnification for the expenses of their imprisonment;" and on their release there is not any settlement of accounts with them for the work they have done, they merely receive the gift of a decent suit of clothes, and a few dollars sufficient to enable them to arrive at the place where they propose to reside. An exception to this rule is Baltimore prison; here the plan is to allot the prisoners task-work by hours, and when that is finished, they may employ the remainder of the day in working for their own profit. Formerly they were even allowed to indulge in the very bad practice of laying out their earnings in what are called "good things" or comforts; their labour at that time was more profitable, and the evils of this tolerance showed itself in being destructive to all kind of discipline; the indulgences were, therefore, all suppressed, and these surplus earnings remain unpaid until the release of the prisoner. But perhaps the most remarkable fact in the history of these penitentiaries, and a strong proof of the force with which the system acts upon the human mind, is, that the female prisoners have been brought to a state of absolute silence quite as much as the males! It is, indeed, the universal belief still, out of the United States, and this belief is founded no doubt upon centuries of experience, that it would be extremely difficult to invent, or effectually apply to women any system founded upon the basis of absolute silence. Yet the experience they have had at Wethersfield, where the females have submitted like the others to the strictness of cellular solitude during night, of absolute silence during the day, clearly proves that though the task is exceedingly difficult, it is not quite insurmountable; as to their numbers, however, there are very few females in proportion to the males in these places, which is owing to the very few crimes they commit; and as they occupy so small a space in those prisons, no doubt the management of the silent system as regards them is not so formidable as if this class were numerous. THE DISCIPLINARY MEANS.-These at Philadelphia are as simple as the system, the critical moment is that of the culprit's first entrance into prison. The solitary cell of the criminal appears to him during several days to be full of strange phantoms,-agitated by his fears—a prey to numberless torments, he falsely accuses society of injustice and cruelty, and whilst in this distracted state of mind he often sets at defiance the orders that are given him, and rejects every sort of consolation. The only chastisement permitted by the rules of the prison in this stage of confinement, is for the culprit to be shut up in a dark cell, and his food reduced; this rarely fails to bring the refractory prisoner to a state of perfect submission. When at length he has become more reconciled to the first impressions made by solitude, and has overcome the terrors which impelled him to despair-when he has been self-examined in his solitary abode, weighed down by remorse of conscience, and mental agitations, the most formidable of those malefactors become quite subdued, and seek in labour to find some relief from their woes;-from that moment the felon is vanquished, and the most hardened offender against the laws of society submits quietly to |