punishment of these convicts, by changing them from labor to solitude, might be unduly increased.

On the first of August following, we made a report, in pursuance of said act, and also added some remarks not required by it, but as the report shows the views of the Inspectors, at that time, it may be well to copy so much of it as follows.

"There is no other difference in the severity of solitary confinement, than what arises from the difference in the mental and physical powers and constitutions of the subjects of it, which undoubtedly produces a considerable difference in the degrees of their suffering. All who are orderly, are subject to the same treatment and discipline. As to the "duration and extent" of their confinement in solitude, they have all been in cells since the 25th December last, except when otherwise stated. The Inspectors have recently made a personal examination of the above class of convicts, in their cells, and find that most of them seem fully to realize, that their punishment is carried to the highest possible degree, compatible with life and health, and all were extremely anxious to be permitted to labor.

They are yet as healthy as the laboring class; that is, they require as little medical assistance, although they are generally more or less debilitated; and some whose constitutions cannot very long endure their present confinement without serious injury, if not ruin; while others are perfectly sound and healthy.

Without going into detail, experience thus far fully confirms the conclusion, that solitude and silence are an indispensable part of a well regulated penitentiary system, the improvement of which has been long and loudly called for. Its defects have been pointed out and exposed by able statesmen and distinguished writers, but they have attended much less to criminal laws than to prison regulations.

If our criminal code was acknowledged to be greatly defective, while the old method of punishment (if it could be so called) was pursued, how much more glaring are those defects rendered, by a change of punishment. So slow is the progress of public opinion on such subjects; and so little has been done in regard to this; and as it is one in which the interests of society, prosperity of the state, and even safety of the government are deeply concerned, we cannot but indulge the hope that it will be presented to the next legislature, clothed with that importance which can only be imparted to it by judicial as well as executive recommendation. And permit us to observe, that we very much doubt the principle or propriety of giving to the Keepers or Inspectors any other power over convicts, than to carry strictly into effect, the explicit sentences of the courts who convict them; and enforcing the most rigid discipline. The reasons will sooner occur than we can suggest them. Allow us also to suggest. that perhaps a criminal code, with something like the following outline, might be worthy of consideration.

Make certain crimes, and perhaps a repetition of some others, punishable with death. Certain other crimes, and the repetition of some others, which clearly indicate such a depraved heart, or malicious temper (for instance, attempting to poison, and aggravated cases of burg

F

tary and rape) as to shew the offenders so dangerous as to be unsafe and unfit to live in society, punishable with imprisonment for life, at hard labor. The next class of crimes, and all state prison offences, committed by persons over a certain age, punishable with sclitude, from one to five and possibly to seven years; the last of which would be frequently, if not generally, tantamount to a sentence for life.The lowest grade of crimes, subject to state prison punishment, and committed by persons under a certain age, punishable with imprisonment, at hard labor, from three to perhaps five or six years. The convicts for life should be kept distinct from all others, in a separate yard and apartments: all intercourse effectually prevented, and lodged in solitary cells, if practicable; if not, in secure rooms. They could only corrupt each other, the influence of which could never extend beyond themselves. They should be kept under rigid discipline, and compelled, emphatically, to endure hard labour.

Let the solitary convicts be dealt with as they now are, except, perhaps, some improvement in adapting the quantity and nature of their food to their condition. The last or juvenile class, might be employed at hard labour, under strict discipline, and should, by all means, be lodged in solitary cells.

They should be kept in school on Sundays and such portions of other days, as would not at all interfere with their labour, and be favored with religious and moral instruction, admonition, advice, and reproof,

Three years would be sufficient to teach them such trades as would enable them to procure a living when discharged. We are aware of many difficulties in settling the details of such a system of criminal law, which can only be overcome by great labour, experience and wisdom; and therefore we forbear entering further into the subject."

In our report to the legislature, in January following, it is stated that frequent examinations of the solitary convicts, since the above report was made, confirm our opinions therein expsessed concerning t them.This report then goes on to expose the evils of the old system of punishment and the necessity of a change, as follows:

"The construction of prisons, and laxity of discipline, have formerly afforded convicts almost every comfort congenial with their propensities and wishes: social intercourse and recreation; moderate labour and good living; correspondence, and frequent interviews with friends: have been among their ordinary enjoyments; which not only alleviated their punishment, but, as has often been remarked, rendered prisons, seminaries of vice, by diffusing among all the convicts, the knowledge and love of villainy that each possessed, and giving, to each individual, the combined adroitness and skill of the whole.

The course of the law, false humanity and executive mercy, have sent forth from these immense fountains of impurity, copious streams, in every direction, whose pestilential vapours have carried a moral plague through the land. If the present mode of punishment, by classification, labour and solitude, fails, then the whole system must be given up in despair; the hopes of the philanthropist must perish; and, scourges, the gallows, or gullotine must administer to the demands of Sanguinary laws.

Deeply impressed with this truth, and earnestly desirous to avert, it possible, a calamity fraught with such tremendous consequences, we feel most solemnly bound to employ our best energies and skill, in giving this great and humane experiment the fullest trial of which it is susceptible. This cannot be done, unless the convicts are made to endure great suffering, and that applied, as much as possible, to the mind. The demands of nature must indeed be complied with; their bodies must be fed and clothed; and those who are allowed to work, not press ed down with greater weight of labour than their constitutions will bear. But they ought to be deprived of every enjoyment arising from social or kindred feelings and affections; of all knowledge of each other, the world, and their connections with it. Force them to reflection, and let self-tormenting guilt harrow up the tortures of accusing conscience, keener than scorpion stings: until the intensity of their suffering subdues their stubborn spirits, and humbles them to a realizing sense of the enormity of their crimes and their obligation to reform."

During the year preceding January 1823, there was an average of about 220 convicts in prison. From the Physician's report of that year, to the Inspectors, it appears that the average number of sick, in the Hospital, was between seven and eight. That there were ten deaths; seven by consumption, five of which were from among the solitary con victs. The Physician speaks of patients coming into the Hospital, from the cells, with difficulty of respiration, pain in the breast &c. and concludes his report as follows: "It is a generally received and acknowledged opinion, that sedentary life, no matter in what form, disposes to debility and consequently to local disease. It may be produced in the study or the prison; in the nursery and the college, or in any other place where muscular exertion is restrained. If we review the mental causes of disease, we shall probably find that sedentary life, in the pris on, as it calls into aid the debilitating passions of melancholy, grief, &c. rapidly hastens the progress of pulmonary disease.

From the order and cleanliness of the prison, we have no reason to conclude that any atmospheric cause reigns within its walls, calculated to produce serious disease: but confinement operates upon the existing germ of diseases, and hastens the progress of all those that must have otherwise terminated in death."

It is not known whether the Judges of the Supreme Court acted upon said report, made to them, or not; but the Legislature passed an act, April 15th, 1823, requiring the Inspectors to make a similar report to the Governor, and for the same reasons alleged in the said act of April, 1822.

A report was made to Governor Yates, as directed by said act; and in the summer of 1823, he visited the Prison, personally, examined the solitary convicts, and, after consulting with the Inspectors and Agent, determined to pardon them all, gradually, as their names should be sent him by the Inepectors, except some, whose sentences would soon expire, and a few others to be put to labor, and which was done accordingly.

These measures were adopted for two reasons: First, that their punishment was changed and increased beyond their sentence: Secondly,

that the health and constitutions of those surviving convicts, had become alarmingly impaired.

The said act, of April 15, 1823, authorised Courts, at their discretion, to, sentence convicts for second offences, to solitary confinement not exceeding two years. But there is not a convict now in this

Prison thus sentenced.

By the close of the year 1823, the solitary convicts were, principally, released, and a majority of them by pardon; since which, exclusive solitary confinement has been discontinued, though the act requiring it is not yet repealed.

During the year preceding January, 1824, there was an average of about 260 convicts, and an average number confined in the Hospital, of about 9, and there were 9 deaths.

The Physician's report states, that five of the nine, were subjects of solitary confinement, and died with consumption, accompanied with effusions of water; that a number were pardoned by reason of disease, which, by continued confinement, would have terminated in consumption and death; states that some cases did so terminate after they were pardoned, and that he had learned of others languishing from the effects of solitary confinement.

A number of these convicts became insane, while in solitude; one so desperate, that he sprang from his cell, when his door was opened, and threw himself from the fourth gallery, upon the pavement, which nearly killed him, and undoubtedly would have destroyed his life, instantly, had not an intervening stove-pipe broken the force of his fall. Another beat and mangled his head against the walls of his cell, until he destroyed one of his eyes.

Nor was the effect of this constant confinement more favorable to reformation, than to bodily health. Of those who survived its shock upon their constitutions, twelve have been reconvicted and returned to this Prison, whose average confinement, in solitude, was about twenty months. It is proper to observe, that several convicts, of the solitary class, are still in Prison, who were released from solitary confinement and put to labor.

One of those pardoned, committed a burglary, in this vicinity, the very first night after being released from a long confinement, but escaped conviction on some technical ground.

Some others are known to have so conducted, as to be a terror in their neighborhoods, who have not been reconvicted of crimes, and not one instance of reformation, among that class, has been known.

It is true, that in forming that class, the worst men were selected, from the best information we had of them; but, at that time, there were little more than double their number of convicts, from whom to make the selection; and it cannot be supposed, that in near all the cases, we judged accurately. The conduct and health of a few other convicts, sentenced to solitary confinement, by Courts, have been much like the other class. One deserves to be mentioned: Hiram Maxwell, a man of good talents and education, was sentenced by the Court, to three years' solitary confinement, without labor, in the New-York State/

Prison, and was afterwards brought, with other convicts, to this Prison, from which he was discharged, last spring, by expiration of sentence. When he went out, he was feeble in health; but of a fleshy, plethoric habit.

He returned to New-York, where he was brought up, and immediately engaged in a course of daring villany, which he did not long pursue, before he was convicted and sentenced again to the New-York Prison. It is however proper to remark, that he had, twice before, been sentenced to the New-York Prison.

These facts will not appear less striking, when compared with the following:-

There have been received into this Prison but three, short of one thousand convicts; besides one hundred and thirty, brought from the New-York Prison in exchange for one hundred taken from here, to build the new Prison at Sing-Sing.

Nearly four hundred have been discharged by pardon, and a little over one hundred by expiration of sentence. From among these, there have been twenty-four returned on reconvictions, besides those from the solitary class: but six of them had previously escaped from the Grand Canal, where they had been placed, with sixty-nine others, to labor, by an ill-advised act of the Legislature. None of them, indeed, were ever returned to Prison, except those reconvicted, and a few others, who were recaptured after their escape, before which, they had generally concerted extensive plans to co-operate with each other, in the business of horse-stealing, counterfeiting, and other crimes, in the execution of which, those reconvictions and recaptures took place. This is mentioned, merely to shew the injurious effect upon reformation, and to account for many of the twenty-four reconvictions above mentioned. There have been no convicts sentenced to this Prison a third time.

In view of these facts, it cannot be considered singular, that an entire change of opinion was wrought on the subject of exclusive solitary confinement, without labor.

We now believe, that solitude, combined with labor, applied to convicts under the rigid discipline of this Prison, is much better calculated to achieve the end in view, and is, perhaps, the best possible middle ground between the two extremes of penitentiary punishment.

The diversion and exercise arising from labor, which the convicts now enjoy, are certainly no more than is indispensable to mental and bodily health: and their earnings should have some consideration with the government.

There is no doubt, that uninterrupted solitude tends to sour the feelings, destroy the affections, harden the heart, and induce men to cultivate a spirit of revenge, or drive them to despair-although such may not always be the effect upon martyrs and patriots, whose devotion to liberty, or religion, may sustain their bodies and minds in health and vigor, while suffering in a righteous cause: Yet solitude, to a certain extent, is indispensable in Prison discipline. A degree of mental anguish and distress may be necessary to humble and reform an offender;