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verse with the prisoner, without being seen or heard by those in the adjoining cells. The fastening of the door is by a strong latch, connected by a hook with a bar of iron placed over it. extends from the latch, two feet horizontally to the outer edge of the wall, thence at a right angle eighteen inches horizontally to the lock, which is beyond the reach of the prisoner, three and an half feet from the door. The area around the cells, which is ten feet wide, is open from the ground to the roof, in front of five stories of cells. area, three feet adjoining the cells, is occupied by the galleries. A convenient hospital may be formed in this building by dispensing with the partition walls between four cells in the upper story.

Of this

"The breast work of cells, in the third figure exhibits all the cells, on either side of the centre wall; that is, half the cells in the building, together with the galleries and stair-case.

The advantages of this mode of building (besides that of solitary confinement) are its security and economy.

The security is four-fold; for the prisoner must first escape from his cell; then avoid the sentinel in the open area, who has every advantage for seeing him; then force the external wall; and after all he is in the yard. The security is such that during two years, in which the men have been confined at night, in these cells at Auburn, no breach has been made upon one of them."

"The economy is great in regard to the space occupied and also in heating, lighting and guarding. Four hundred cells will cover only 206 by 46 feet of ground. At Auburn five small stoves, and six large and twelve small lamps, placed in the open area, in front of the cells, beyond the reach of the prisoners, afford heat and light for five hundred and fifty-five cells: and one sentinel is found sufficient to guard four hundred prisoners, and cut off communication between them.The space in front of the cells is a perfect sounding gallery; so that a sentinel, in the open area, on the ground, can hear a whisper from a distant cell, in the upper story. This experiment has been tried again and again, in the presence of the person furnishing this description.

"A building, in which these important advantages are secured with so much economy, is great gain.

"At Auburn stripes are almost the only mode of punishment-in Richmond, Baltimore, Philadelphia, New-York City, Charlestown and Concord, solitary confinement mostly, with a small allowance of bread and water-in Connecticut, stripes, chains, solitary confinement, and severe hunger. If the efficacy of these different modes of punishment were to be judged of by the discipline of the respective institutions, punishment by stripes, as at Auburn, would be preferred. The difference in the order, industry, and subdued feelings, as exhibited by the prisoners, is greatly in favor of the prison at Auburn. This dif ference, however, is to be attributed not so much to the mode of punishment, as to the separation of the convicts, at night, and several other salutary regulations which are not adopted elsewhere.

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Governor Clinton has formerly expressed his opinion of the im portance of solitary confinement, and, in his late message to the Legislature, he expresses an opinion concerning the institution in New. York City for the reformation of Juvenile Delinquents, which is constructed on the plan of the building at Auburn, that it is probably the best prison in the world.

At Auburn we have a beautiful example of what may be done by proper discipline, in a prison well constructed. It is not possible to describe the pleasure which we feel in contemplating this noble in stitution, after wading through the fraud and material and moral filth of many prisons. We regard it as a model worthy of the world's imi

tation.

"The whole establishment from the gate to the sewer is a specimen of neatness. The unremitted industry, the entire subordination and subdued feeling of the convicts, have probably no parallel among an equal number of criminals. In their solitary cells they spend the night, with no other book but the Bible; and at sunrise, they proceed in military order, under the eye of the turnkey, in solid columns, with the lock march, to their workshops; thence in the same order, at the hour of breakfast to the common hall, where they partake of their wholesome and frugal meal in silence. Not even a whisper is heard; though the silence is such that a whisper might be heard through the whole apartment.

"From one end of the shops to the other, it is the testimony of many witnesses, that they have passed more than three hundred convicts, without seeing one leave his work, or turn his head to gaze at them. There is the most perfect attention to business from morning till night, interrupted only by the time necessary to eat, and never by the fact, that the whole body of prisoners have done their tasks, and the time is now their own and they can do what they please. At the close of the day, a little before sunset, the work is all laid aside at once, and the convicts return in military order to the solitary cells; where they partake of the frugal meal, which they were permitted to take from the kitchen, where it was furnished for them, as they returned from the shops. After supper, they can, if they choose, read the scriptures undisturbed, and then reflect in silence on the errors of their lives. They must not disturb their fellow prisoners, by even a whisper. The feelings which the convicts exhibit to their religious teacher, as he passes from one cell to another, are generally subdued feelings. Sometimes, however, a man is found who hardens his heart and exhibits his obduracy even here; but the cases are comparatively few. The want of decorum, of which the Commissioners of the State of NewYork complain, in their visit to the City Prison. where they were met by the bold staring of the prisoners, after they left their work to gaze at them, and by looks, whether in smiles or in frowns, which indicated an unsubdued and audacious spirit, in the culprits; this is never seen at Auburn. The men attend to their business from the rising to the setting sun, and spend the night in solitude.

"Under these circumstances they are provided with the word of God, and they also receive the undivided attention of a most wise and faithful religious teacher, who spends all his time in the Prison; visiting the sick; teaching those who cannot read; preaching in the chapel on the Sabbath, the unsearchable riches of Christ; and afterwards in going from cell to cell to administer the reproofs and consolations of religion to individuals. The influence of the chaplain, according to the testimony of all the officers, is most salutary and powerful; and the various expressions of confidence and affection exhibited towards him by the convicts, is most cheering to himself.

"What then ought this institution to be that it is not; and how widely different from that in Connecticut, which the Commissioners, in their last report, say "is all that it ought not to be, and nothing that it ought to be.”

"What could with propriety be done for criminals which is not done at Auburn? They are from necessity temperate and frugal in their diet: they are busily employed in some useful business, from morning till night: they are kept in perfect subordination, and provided richly with the means of knowledge and of grace. which may make them wise to salvation.

"It is hardly necessary to add, that at Auburn, there is an exclusion of all positive evils of the old system, which arise from crowded night rooms, evil communication, instruction in all the arts of pickpockets, thieves, incendiaries and counterfeiters.

.6

These great ends are gained, partly by discipline, and partly by

construction.

"The peculiarities of the discipline, are, that the men, by a military movement, are required to keep the same relative position; as a general thing, they are placed back to face; and they are forbidden all conversation with each other The peculiarity in construction, is seen in the engraving.

"With this plan of building, and the system of discipline and instruction introduced at Auburn, the great evils of the Penitentiary system are remedied. Here then is exhibited, what Europe and America have been long waiting to see-a Prison which may be made the model of imitation.'

MODE OF PUNISHMENT AND MEANS OF ENFORCING DISCIPLINE.

It has already appeared, that as a mode of punishment and as the means of enforcing discipline in this prison, stripes are generally resorted to, as a punishment in the presence of the Inspectors; and, to enforce obedience and discipline by the keepers, at all times when necessary. These stripes are required, by the present Agent, to be inflicted by the keeper with a raw hide whip, and applied to the back in such a manner, as not to expose the head, face, eyes, or in any way to put the convict's health or limbs in danger and the use of any stick, or cane, or any other weapon, or of the fist or feet, are now strictly.

forbidden, except in cases of self defence: and the assistant keepers are also strictly required to report in writing without delay, the name of the convict whipped, the nature and extent of his disobedience, and the number and severity of the stripes inflicted. As this is a high and delicate trust, the assistant keepers are often admonished to exercise it with humanity and discretion, without passion, and with such a temper of mind and feeling, as will convince the offender, that the chastisement is given solely for his good, and an example to others, and that it is a most painfu duty for the officer to perform.

These rules and regulations are based upon the principle, that the officers legally stand in the same relation to the convicts, as the master to his apprentice, and the school master to his scholar; and that the officer, having the immediate charge of the conduct and labor of the convicts, may lawfully exercise the same means of coercing the observance of any of the known duties of the convicts, and for preventing their mischievous and riotous practices, as the master or schoolmaster may exercise in coercing the observance of duty in the apprentice or scholar.

It is in accordance with these principles, that the rod may be used upon the convicts by the overseers of their conduct and labor in the shops and yards, to suppress rebellion, enforce obedience, and to prevent aggressions while in the act of commis sion. But when the misdemeanor has already been consummated, and is past and done, then the case is to be reported to the Inspectors for their consideration, and by them be forgiven or punished as they may direct: when, in case of punishment by whipping, it is inflicted as the law directs, in the presence of, at least, two of them.

The principal duties of convicts (as has been stated) in this prison, may be comprised in a few words.

A convict is not to speak to another convict, or disturb him in his work. He is not to stop work and stand gazing at a visiter, nor, under any circumstances, to speak to a visiter, nor to his officer, but when indispensably necessary, and then with as little loquacity as the case will admit, and in a low tone of voice.

He is not wilfully or negligently to injure his work, nor the tools, nor his wearing apparel or bedding, nor to make the articles badly on which he is at work, when he is capable of making them well. For the wilful or repeated neglect, or violation of these or other rules, chastisement is inflicted either by the keepers or by direction of the Inspectors, as the nature of the offence may require.

The high reputation which the discipline of this prison has ac quired, is a sufficient argument to prove that stripes are the most efficacious means of coercion that have ever yet been adopted.

And it may well be added, as an undoubted truth, that this mode occasions much less personal suffering to the convicts, as well as loss of time than any other which could be devised So certain and instantaneous does correction follow offences, that they rarely occur; and hence there is no loss of time, and but little amount of suffering. It is better as well as easier, to prevent the commission of crimes, than

to redress them by subsequent punishment; and this capital principle should be adhered to in all governments.

The practice of whipping convicts, in this prison, has occasioned, at various times, much public discussion, and sometimes considerable excitement, under a belief, by many, that a statute, which will be hereafter quoted, strictly forbids that practice in all cases, unless the Inspectors are present.

As early as 1822 this subject was well considered by a Committee of the. Senate of this State, distinguished for talents and legal attainments; and in their report they say:

"It appears that the officers of the New-York Prison have, for years, supposed that they had not the power, incident by common law to every prison keeper, to correct his prisoner, within reasonable bounds, for misbehaviour; and on some application to the Legislature, it has been alleged that this doctrine was indirectly countenanced.If such is the doctrine, it is wonderful that the prisoners do not hold, at least a divided rule with their keepers in prison. But, while the Committee deny that the Legislature have questioned the power, they recommend that a declaratory clause be enacted confirming it."Under this and other similar sanctions which have heretofore appeared in this pamphlet, the practice of whipping has continued in this prison. In the early part of the present year, an artificial excitement was produced in this county on the subject of whipping convicts; and a grand jury was induced, during a feverish state of the public mind, to indict several of the officers of this prison for assault and battery in whipping prisoners. One of those indictments was brought on to trial, at the last Court of Oyer and Terminer in this county-the following report of which will show, how far the above doctrine, contended for by the officers of this institution, has been sustained.

REPORT OF THE TRIAL OF AN ASSISTANT KEEPER
FOR AN ASSAULT AND BATTERY IN WHIPPING A
CONVICT.

SEPT. 7, 1826.

De

Evidence for the people.-An assistant keeper witness says: fendant was one of the keepers or turnkeys of the State-Prison; that, in spring of 1825, he saw defendant strike Bement, a convict in the west cooper shop-witness and defendant were on relief in the shops-witness in the west shop and defendant in the east shop-defendant came from the door between the shops, and asked Bement wliy he was throwing shavings at another convict, and bowing to him.Bement denied it. Defendant then told him to stoop down, which Bement did; and defendant then struck him three or four blows across his thighs or his back sides. The stick was a small green walnut stick. The blows were smart-pretty hard. Defendant then stopped and asked Bement if he denied it. Bement still denied it, and the defendant gave him several more blows on the same part, and then asked him again if he would own it. Bement then owned it, and went on to work. The cane was cracked. There was a small knot

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