ORIGIN AND HISTORY 
 
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 FOR THK 
 
 EASTERN DISTRICT OF PENNSYLVANIA, 
 
 “ The prison, as we how know it, is as entirely an institution of modern Europe as the church, 
 the school and the poor-house. Words occur, connected with events and customs in the ancient 
 world, which we can only translate into modern language or thought by the use of the word " prison 
 but the thing, as we now know it, in the shape of the county jail or the convict-prison, was then 
 neither known nor anticipated .”—Encyclopaedia Britannica, vol , xviii., page 564, 
 
 BY 
 
 RICHARD VAUX, 
 
 PRESIDENT OF THE BOARD OF INSPECTORS. 
 
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 University of Illinois Library 
 
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Front View of the Eastern State Penitentiary. 
 
BRIEF SKETCH 
 
 l 
 
 OF THE 
 
 ORIGIN AND HISTORY 
 
 OF THE 
 
 State 
 
 Penitentiary 
 
 \ 
 
 FOR THE 
 
 EASTERN DISTRICT OF PENNSYLVANIA, 
 
 AT PHILADELPHIA. 
 
 “ The prison, as we now know it, is as entirely an institution of modern Europe as the church, 
 the school and the poor-house. Words occur, connected with events and customs in the ancient 
 world, which we can only translate into modern language or thought by the use of the word “ prison 
 but the thing, as we now know it, in the shape of the county jail or the convict-prison, was then 
 neither known nor anticipated .”—Encyclopaedia Britannica, vol xviii ,,page 564 . 
 
 liV 
 
 RICHARD VAUX, 
 
 PRESIDENT OF THE BOARD OF INSPECTORS. 
 
 TRF1 mm nr TUI 
 JUN 6 1934 
 
 ,*«i {j r IC>1N0IS 
 
 PHILADELPHIA : 
 
 MCLAUGHLIN BROTHERS, PRINTERS, Nos. 112 and 114 SOUTH THIRD STREET. 
 
 18 72. 
 

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 * 
 
 Within the fast few years public meetings have been held in the United States, 
 convened for the furfose of considering the subject of penal jurisprudence and the 
 various plans of prison discipline for the punishment of offenders against the^ law. 
 Whatever of merit these meetings may have promised, it has become a question, if 
 the energy which marked the efforts of many of the participants therein was not 
 more prominently exerted in discussing collateral questions, than in investigating the 
 direct issues between the separation of convicts and their congregation, while under¬ 
 going punishment for their crimes. It may be doubted if the Pennsylvania, or the 
 “separate" and -individual-treatment system of Penitentiary discipline, has received 
 at any of these conventions, that unbiased and calm investigation, which a liberal 
 
 spirit of disinterested inquiry should have prompted. 
 
 In order, therefore, that the meeting proposed to be held in London in July next, 
 should be informed of the present condition of the State Penitentiary at Philadelphia, 
 in which this separate and individual-treatment of prisoners is now in effective and 
 successful operation; the following brief sketch of the origin of the system and its 
 history has been prepared. 
 
 Those who are earnestly enquiring after the best system of punishment for 
 criminals willfind that the vital question to be determined, is to ascertain that system 
 which best secures punishment, reforms the individual, protects society, and prevents 
 the existence of a crime-class, educated and organised during imprisonment. This is 
 the serious, the primary question which is paramount to “ cost," “support" and “profit 
 making ,” those minor subjects, which too frequently receive undue attention in dis- 
 
 cussing systems of punishment. 
 
 The Board of Inspectors of the State Penitentiary at Philadelphia, at its 
 'meeting, March, 187 2 , directed the President to prepare a brief sketch of the origin 
 and history of this Penitentiary, to be fomvarded to the meeting in London, in July. 
 
 The Inspectors believe that the “ separate system of Pennsylvania " will receive 
 that thoughtful consideration which its history, the statement of its progress and present 
 developments, and the results of its trial in this Institution for now nearly half a 
 
 century, undoubtedly denicind. 
 
RICHARD VAUX, 
 ALEXANDER HENRY, 
 THOMAS H. POWERS, 
 FURMAN SHEPPARD, 
 JOHN M. MARIS. 
 
 President of the Board : 
 
 RICHARD VAUX. 
 
 Treasurer: 
 
 FURMAN SHEPPARD. 
 
 Secretary of the Board : 
 
 JOHN M. MARIS. 
 
I 
 
 T HE State Penitentiary for the Eastern District 
 of Pennsylvania, at Philadelphia, is the only penal 
 institution in the United States in which the separate 
 imprisonment of prisoners is now administered. The 
 peculiar character of this system of punishment is so 
 little understood, and the progress from the worst of all 
 plans for the treatment of prisoners to the most philo¬ 
 sophic, is so little known, that the following short history 
 of this Penitentiary and of the system of punishment to 
 which it is devoted, is presented for the information of 
 those who are engaged in the study of penal science 
 and of penitentiary discipline. It will be found from this 
 narration that the City of Philadelphia has the honor 
 of laying the foundation on which all the subsequent 
 efforts at penitentiary reform, in Europe and America, 
 have been based. It is to a few, very few citizens of the 
 city of Penn, that the merit belongs of originating and 
 stimulating the movement that has since spread over 
 Christendom, for the amelioration of the miseries of 
 prisoners, the mitigation of prison discipline, and the 
 philosophic investigation of that science which relates to 
 the causes of crimes and their prevention, the reformation 
 
 2 
 
6 
 
 of the convict, the welfare of society, and the punishment 
 of the guilty. 
 
 It is beyond question that there exists a principle— 
 a law comprehending many subordinate truths—which 
 must determine the best system for the penitentiary pun¬ 
 ishment of individuals guilty of offences against society. 
 
 It is equally certain that the punishment of these offenders • 
 is a paramount necessity. To ascertain what is essential 
 in punishment is not difficult, for it is obvious that its 
 purpose should be prevention by example, protection by 
 inflicting penalties, and reformation by the agencies of 
 the system in accordance with which the penalty is 
 administered. 
 
 The problem to be solved is to determine what 
 system of punishment most certainly secures all these 
 purposes. Mere imprisonment, as the penalty, does not 
 necessarily accomplish any of these aims ; on the contrary, 
 it may destroy all possibility of attaining them. 
 
 From the common jail, where all offenders accused 
 or convicted, of both sexes and all ages were indiscrimi¬ 
 nately congregated, to the penitentiary, in which each 
 individual is separately treated as his case demands, was 
 a vast progress in improvement, benevolence and philan¬ 
 thropy, costing those few persons who were interested 
 in effecting this change, years of patient labor and of 
 controversy not yet concluded. 
 
 EARLIEST REFORM. 
 
 “ It is a melancholy truth, that among the variety of 
 actions which men are daily liable to commit, no less than 
 
7 
 
 a hundred and sixty have been declared by act of Parlia¬ 
 ment to be felonies without benefit of clergy; or, in other 
 words, to be worthy of instant death.” Blackstone’s 
 Commentaries, Book IV., page 18 [published A. D. 1765.] 
 This was the code which existed in the middle of the last 
 century, and the punishment for the great body of minor 
 offences was incarceration in a common jail; both sexes 
 and all colors, ages, and conditions, convicted and 
 accused, were congregated in almost hopeless misery. 
 
 FIRST EFFORTS. 
 
 The first citizen of Philadelphia, who, from authentic 
 information, appears to have been interested in the 
 occupants of the then common jail of the city, located at 
 the corner of Market and Third Streets, was Richard 
 Wistar, who, residing near by, had his attention called 
 to the horrible condition of the prison, and the real 
 miseries of its inhabitants. The condition of affairs as 
 he found it was the first incentive to a more general 
 interest in the institution. 
 
 FORMATION OF PRISON SOCIETY. 
 
 On the 7th of February, 1776, a Society was formed 
 in this city under the title of “The Philadelphia Society 
 for Assisting Distressed Prisoners.”* 
 
 A small number of citizens united in this Association, 
 and what good it did or how it was employed is not 
 known, for in less than two years the British Army took 
 
 * This was one year prior to the publication of Howard’s work, “ The State of Prisons in 
 England and Wales,” which embodied the results of his labors for three or four years, and was the 
 means of first directing the attention of the English people to this subject. 
 
8 
 
 possession of Philadelphia and ended for a time the labor 
 of the Society. It is known, however, that the members 
 contributed “ ten shillings ” annually, so that the fund 
 from its amount was not available for very large efforts. 
 
 The following record is all that has been found of the 
 proceedings of this Society:' 
 
 “The British Army having entered the city of Philadelphia in 
 “September, 1777, and possessed themselves of the public jails, no 
 “further service could be rendered, nor was any election held this 
 “ month for the appointment of new managers, so that the Philadelphia 
 “ Society for Assisting Distressed Prisoners was dissolved during this 
 “remarkable period. 
 
 “ Signed, 
 
 “RICHARD WELLS, 
 
 “ Secretary 
 
 EARLY LEGISLATION. 
 
 In 1786, September 15th, an Act of Assembly was 
 passed enacting the first modification of the criminal code 
 of the province which existed before the Revolutionary 
 war. By this modification the code was ameliorated by 
 the punishment of imprisonment at hard labor instead of 
 death, for robbery, burglary, and the “ crime against 
 nature.” This was amended by the Act of March 27, 
 1789. Both were repealed by the Act of April 5, 1790. 
 
 In the year 1787, a meeting was held at the “Ger¬ 
 man School House on Cherry Street,” at which a number 
 of citizens assembled and formed a society which has 
 ever since been most conspicuous and eminently service¬ 
 able in efforts for the reform of criminal codes and systems 
 of punishment for convicts. 
 
 The Society then established was called “The 
 Philadelphia Society for Alleviating the Miseries of Public 
 
9 
 
 
 Prisons.” The real objects of the members of this 
 remarkable and ancient society may best be explained by 
 a quotation from the preamble and constitution which was 
 the basis of its organization. 
 
 “ I was in prison and ye came unto me, * * * and the king shall 
 answer and say unto them, verily I say unto you, inasmuch as ye have 
 done it unto one of the least of these my brethren, ye have done it 
 unto me.”—M atthew xxv. 36-40. 
 
 “When we consider that the obligations of benevolence which 
 are founded on the precepts and example of the author of Christianity 
 are not cancelled by the follies or crimes of our fellow creatures; and 
 when we reflect upon the miseries which penury, hunger, cold, un¬ 
 necessary severity, unwholesome apartments and guilt (the usual 
 attendants of prisons,) involve with them, it becomes us to extend our 
 compassion to that part of mankind who are the subjects of these 
 miseries.. By the aid of humanity these undue and illegal sufferings * 
 may be prevented; the links which should bind the whole family of 
 mankind together under all circumstances be preserved unbroken, and 
 such degrees and modes of punishment may be discovered and sug¬ 
 gested as may instead of continuing habits of vice become the means 
 of restoring our fellow creatures to virtue and happiness. From a con¬ 
 viction and obligation of these principles the subscribers associate 
 themselves.” 
 
 The Society elected a President, two Vice Presidents, 
 two Secretaries, a Treasurer, four Physicians, and two 
 Standing Committees, one for electing members, and one 
 called “The Acting Committee.” The annual contribu¬ 
 tion from the members was ten shillings, (reduced in 
 
 / 
 
 1792 to a dollar a year.) The duties of the Acting Com¬ 
 mittee were to visit the prisons every week, inquire into 
 the circumstances of persons therein confined, report all 
 abuses, and investigate the influences of the system of 
 treatment on the prisoners. 
 
IO 
 
 
 DESCRIPTION OF THE FIRST CITY PRISON. 
 
 The principal prison at this time was at the corner of 
 Market and Third Streets. It is described as a small 
 building two stories in height, with underground dungeons 
 for convicts sentenced to death. “ What a spectacle must 
 this abode of guilt and wretchedness have presented, when 
 in one common herd were kept by day and by night 
 prisoners of all ages, colors and sexes! No separation 
 was made of the most flagrant offender and convict, from 
 the prisoner who might, perhaps, be falsely suspected of 
 some trifling misdemeanor; none of the old and hardened 
 culprits from the youthful, trembling novice in crime; 
 none even of the fraudulent swindler from the unfortu¬ 
 nate and possibly the most estimable debtor; and when 
 intermingled with all these, in one corrupt and corrupting 
 assemblage were to be found the disgusting object of 
 popular contempt, besmeared with filth from the pillory— 
 the unhappy victim of the lash, streaming with blood from 
 the whipping post—the half naked vagrant—the loath¬ 
 some drunkard—the sick, suffering with various bodily 
 pains, and too often the unaneled malefactor, whose 
 precious hours of probation had been numbered by his 
 earthly judge.”* 
 
 This describes sufficiently the origin of the Society 
 and the condition of a common jail. Enough is here 
 shown to satisfy the most incredulous of a need existing 
 for efforts such as the Society was engaged to perform. 
 
 * Notices of the original and successive efforts to improve the discipline of the prison at Phila¬ 
 delphia, and to reform the criminal code of Pennsylvania, with a few observations on the Penitentiary 
 system .—Roberts Vaux, Philadelphia, 1826 . 
 
But it will be observed that it was benevolence that 
 actuated the members. They had not yet observed, nor 
 had they been led to comprehend that beyond “ alleviat¬ 
 ing the miseries of the public prisons,” and softening the 
 cruel hardness of the penalties inflicted on humanity for 
 offences against the Commonwealth, there was a vast 
 field for intelligent labor and discovery of scientific truth. 
 This society on the 16th of August, 1787, first appealed 
 to the public for aid, and the address, of singular propriety, 
 was “ signed by order, William White, President.” 
 
 Bishop White, the first Bishop of the Protestant Epis¬ 
 copal Church of Pennsylvania, was the first president of 
 the Society, over which he presided for forty years, and 
 his character gave to the early labors of this organization 
 a purity of purpose and a high Christian benevolence that 
 it even to this day retains. 
 
 HOW THE PRISONERS WERE TREATED IN I 787. 
 
 By the law as it then existed, it was directed that 
 certain prisoners were to be employed in cleaning the 
 streets of the city and repairing the roads, and these pri¬ 
 soners, with heads shaved, and a distinguishing infamous 
 dress, and chain and ball at the leg, were at work before 
 the gaze of the people. The idle and the bad would in¬ 
 sult these poor wretches, and sometimes conflicts would 
 occur to the scandal of order and decency. The keepers 
 were armed, and the sight of such a degrading occupation 
 for the vicious or the unfortunate excited the public atten¬ 
 tion, and first instigated the Society to efforts to reform 
 this offensive and horrible abuse of human penalties for 
 human punishment. 
 
The result was that a memorial was addressed “ To 
 the Representatives of the Freemen of the Common¬ 
 wealth of Pennsylvania in General Assembly met.” 
 
 This memorial represented that punishment by 
 “ more private or even solitary labor would more suc¬ 
 cessfully tend to redeem the unhappy objects;” and it 
 recommended for consideration “the very great import¬ 
 ance of a separation of the sexes in public prisons,” ahd 
 invoked legislation to these ends. 
 
 It is thus here first appears the idea of separation of 
 prisoners, and labor in solitude rather than in public. 
 This was the seed of the separate system as afterwards 
 established in this State. It will be observed that “solitary 
 confinement with labor” was the opposite of the congre¬ 
 gation of both sexes and all ages, the convict and accused, 
 and of labor on the public streets, and in the sight of the 
 people. It was this horrible condition of the prisoners 
 that evoked reform; and to the minds of the Society it was 
 plain that to improve the then state of the law and the 
 penalty, the best and simplest means was to adopt the 
 method which was the opposite of that which produced 
 the evils to be remedied. It was not reason, but revolt, 
 excited by the enormity of the prisoners’ treatment, that 
 demanded the substitution of the very opposite method. 
 
 ACTION OF THE LEGISLATURE. 
 
 The Supreme Executive Council, on the 20th of 
 November, 1788, adopted a resolution which the me¬ 
 morial of the Society induced, asking for information 
 on its subject matter. This was referred to a com- 
 
i3 
 
 
 mittee, and a full reply was given to the legislative 
 body. The reply to the Council enumerates the most 
 glaring abuses in the treatment of the prisoners, and 
 indicates remedies. 
 
 It is not a very remarkable paper, except in its 
 suggestion, that spirituous liquors should not be given to 
 the prisoners. It reports “that twenty gallons of spirits 
 had been introduced” into the prison “in one day,” and 
 that the debtors complain that they could not have liberty 
 to buy liquors at any other place, but were obliged to 
 pay in the jail, half a dollar for a quart, and eight pence 
 for a gill. To get the money they sold their clothes or 
 obtained it by “forcibly stripping others on their first ad¬ 
 mission in jail.” The committee of the Society remark 
 in the reply to the Council, “that there are three great 
 evils which call for attention, viz.: the mixture of the 
 sexes, the use of spirituous liquors, and the indiscriminate 
 confinement of debtors and persons committed for crim¬ 
 inal offences.” Respecting the employment of the con¬ 
 victs, the committee report “on the whole as a matter of 
 the utmost moment to the well-being, safety and peace 
 of society, as well as of the greatest importance to the 
 criminals, the committee think it their duty to declare 
 that from a long and steady attention to the real practical 
 state, as well as the theory of prisons, they are unani¬ 
 mously of the opinion that solitary confinement to hard 
 • labor, and a total abstinence from spirituous liquors, will 
 prove the most effectual means of reforming these un¬ 
 happy creatures.” This paper was signed: “William 
 White, R. Wells, B. Wynkoop, Thomas Wistar, S. P. 
 
 3 
 
14 
 
 
 Griffiths, John Kaighn, William Rogers, C. Marshall, John 
 Connelly, James Cooper, Caleb Lownes, Benjamin Shaw, 
 T. Harrison, William Lippincott, George Duffield; and 
 was dated at Philadelphia, on the 15th of September, 
 1788.” “On the 16th, the next day, it was delivered to 
 the Council Chamber, present Samuel Miles and R. 
 Willing.” 
 
 FIRST IDEA OF SOLITARY CONFINEMENT. 
 
 Here we find the first formal, official recommenda¬ 
 tion to the legislative power of the province or govern¬ 
 ment of Pennsylvania, of “solitary confinement to 
 hard labor,” and to the Society for Alleviating the 
 Miseries of Public Prisons, is due the acknowledgment 
 for originating the present system of Pennsylvania Peni¬ 
 tentiary discipline. 
 
 In 1789, the Society followed up the suggestions of 
 reform which were contained in the reply to the Supreme 
 Executive Council, and devised a plan for the permanent 
 improvement of prison discipline. 
 
 In the following year, 1790, these propositions were 
 enacted into a law, which empowered the Mayor and 
 Aldermen of the City of Philadelphia, to appoint “ Inspec¬ 
 tors of the prison,” the important office created by this 
 law. The prison at the South-East corner of Walnut 
 and Sixth Streets, the building of which was commenced 
 in 1773, was put into a condition to test the' reforms 
 established by Act of 1790. In 1792, the Legislature 
 began an entire revision of the penal laws. In 1793, the 
 changes made were carefully observed by the Society. 
 
l 5 
 
 ACT OF APRIL 5, 1790, TO REFORM THE PENAL LAWS OF THIS STATE AND 
 
 TRY THE SEPARATE CONFINEMENT PRINCIPLE OF IMPRISONMENT. 
 
 'I' 
 
 <7* 'r* »T* 
 
 And whereas the laws heretofore made for the purpose of carrying 
 the said provisions of the Constitution into effect have in some degree 
 failed of success, from the exposure of the offenders employed at hard 
 labor to public view, and from the communication with each other not 
 being sufficiently restrained within the places of confinement; and it 
 is hoped that the addition of unremitted solitude to laborious employ¬ 
 ment, as far as it can be effected, will contribute as much to reform as 
 to deter: 
 
 Section VIII. Be it enacted by the authority aforesaid , that the 
 Commissioners for the County of Philadelphia, with the approbation 
 of the Mayor and two of the Aldermen of the City of Philadelphia, 
 and two of the Justices of the Court of Quarter Sessions, for the County 
 of Philadelphia, shall, as soon as conveniently may be, cause a suitable 
 number of cells to be constructed in the yard of the gaol of the said 
 county, each of which cells shall be six feet in width, eight feet in 
 length, and nine feet in heighth, and shall be constructed with brick 
 or stone, upon such plan as will best prevent danger from fire; and 
 the said cells shall be separated from the common yard by walls of such 
 height, as, without unnecessary exclusion of air and light, will pre¬ 
 vent all external communication, for the purpose of confining therein 
 the more hardened and atrocious offenders, who, by the act, entitled 
 “An Act for amending the penal laws of this State,” have been 
 sentenced to hard labour for a term of years, or who shall be sentenced 
 thereto by virtue of this act. 
 
 Section IX. Be it enacted by the authority aforesaid , that, for 
 the purpose of defraying a proportionable part of the expense of erect¬ 
 ing such cells and walls, the President and Supreme Executive Council 
 shall be, and they are hereby, authorised to draw orders on the State 
 Treasurer for the sum of five hundred pounds, to be paid out of the 
 funds especially appropriated for claims and improvements, when the 
 same shall be sufficiently productive; and for defraying the residue of 
 the expense, it shall be lawful for the Commissioners of the said county 
 or a majority of them, to assess, levy and collect, within the said county, 
 so much money, as they, with the concurrence and approbation of the 
 said Mayor, Aldermen and Justices, shall judge necessary, provided the 
 same does not exceed the sum of one thousand pounds. 
 
 Section X. Be it enacted by the authority aforesaid , that the said 
 cells shall be, and are hereby declared to be part of the gaol of the city 
 
and county of Philadelphia; and the residue of the said gaol shall be 
 appropriated to the purposes of confining as well such male convicts 
 sentenced to hard labour, as cannot be accommodated in the said cells, 
 as female convicts sentenced in like manner, persons convicted of capi¬ 
 tal offences, vagrants, and disorderly persons committed as such, and 
 persons charged with misdemeanors only, all which persons are hereby 
 required to be kept separate and apart from each other, as much as the 
 convenience of the building will admit, and to be subject to the visita¬ 
 tion and superintendence of the Inspectors, hereinafter appointed. 
 
 In the year 1801, the Society again addressed the 
 Legislature of the State. The memorial refers to the 
 pleasure the progress made by former legislatures in pre¬ 
 venting crimes and reforming criminals had given, and 
 
 • *• 
 
 encouraged thereby, the memorialists state that they are 
 emboldened to call to the notice of the legislature the 
 present state of our prisons. “When,” says the memorial, 
 “the reform was made in our penal laws in the year 1790, 
 although the principles were plainly laid down, yet it was 
 not expected that the practical part could be suddenly or 
 completely effected. It was then in some degree a matter 
 of experiment. An experiment, however, though imper¬ 
 fectly made, which has not only increased our internal 
 security, but has been so far approved of as to be 
 adopted in several of our sister States.” 
 
 “ Being, ourselves fully convinced of the propriety 
 both of these principles and this practice, we now wish 
 briefly to solicit your attention to a most essential part of 
 this humane and rational plan for preventing crimes and 
 reforming criminals. Ever since the present establish¬ 
 ment of the prisons, we have wished to make the fair 
 experiment of solitude and labor on the convicts.” This 
 memorial is dated Philadelphia, 12 mo. 14, 1801. 
 
*7 
 
 It soon became apparent that a new prison must be 
 erected, in order to carry out all the reforms which the 
 reason and the experience of the Society had too plainly 
 indicated as essential. 
 
 Again in 1803, the Society addressed another memo¬ 
 rial to the Legislature. It concludes in the following 
 words: “ Placed as we are in a situation to observe the 
 
 salutary effects of solitude and labor in preventing crimes 
 
 and reforming criminals, we trust you will as heretofore 
 
 * 
 
 receive our application with indulgence, and therefore, 
 again respectfully submit to your consideration, the 
 propriety of granting another building for the pur¬ 
 pose of making such separation amongst the prisoners 
 as the nature and wants of this truly benevolent system 
 require.” 
 
 In the year 1818, the Society presented to the Legis¬ 
 lature another memorial. The committee on behalf of 
 the Society expressed their satisfaction at the progress in 
 prison management, and conclude thus : “ They, there¬ 
 
 fore, respectfully request the Legislature to consider the 
 propriety and expediency of erecting penitentiaries in 
 suitable parts of the State, for the more effectual employ¬ 
 ment and separation of the prisoners, and of proving the 
 efficacy of solitude on the morals of those unhappy 
 objects.” 
 
 LAST EFFORT TO HAVE THE STATE PENITENTIARY ERECTED. 
 
 In 1821, the last effort was made to induce the Legis¬ 
 lature to erect a penitentiary for the Eastern District of 
 Pennsylvania, at Philadelphia. The Society again ad- 
 
i8 
 
 dressed a memorial to the Legislature. This memorial 
 is as follows: 
 
 To the Senate and House of Representatives of the Commonwealth of 
 
 Pennsylvania in General Assembly met: 
 
 The memorial of the Philadelphia Society for Alleviating the 
 Miseries of Public Prisons respectfully represents : 
 
 That it is now nearly forty years since some of your memorialists 
 associated for the purpose of alleviating the miseries of public prisons, 
 as well as for procuring the melioration of the penal code of Pennsyl¬ 
 vania, as far as these effects might be produced through their influence. 
 
 In the performance of the duties which they believed to be 
 required of them by the dictates of Christian benevolence and the 
 obligations of humanity, they investigated the conduct and regulations 
 of the jail, and likewise the effects of those degrading and sanguinary 
 punishments which were at that period inflicted by the laws of this 
 Commonwealth. The result of these examinations was a full convic¬ 
 tion that not only the police of the prison was faulty, but the penalties 
 of the law were such as to frustrate the great ends of punishment by 
 rendering offenders inimical instead of restoring them to usefulness in 
 society. 
 
 With these impressions, alterations in the modes of punishment 
 and improvements in prison discipline, were from time to time recom¬ 
 mended to the legislature, by whose authority many changes were 
 adopted and many defects remedied. 
 
 These reforms from the nature of existing circumstances were, 
 
 ' > 
 however, of comparatively limited extent, but as far as the trial could 
 
 be made beneficial consequences were experienced. 
 
 Neighboring States and remote nations directed their attention to 
 these efforts, and, in many instances adopted the principle which had 
 influenced the conduct of Pennsylvania. 
 
 At the time of making the change in our penal code, substituting 
 solitude and hard labour for sanguinary punishments, the experiment 
 was begun in the county jail of Philadelphia, rather than the execution 
 of the laws should be deferred to a distant period, when a suitable 
 prison might be erected. Under all the inconveniences then subsist¬ 
 ing, the effects produced were such as to warrant a belief that the 
 plan would answer the most sanguine wishes of its friends, if it could, 
 be properly tried. But the construction of that prison and its crowded 
 condition, being the only penitentiary used for all the convicts of the 
 State, leave but slender hopes of the accomplishment of the humane 
 intentions of the Legislature. 
 
l 9 
 
 Your memorialists believe that they discover in the recent mea¬ 
 sures of the Commonwealth, a promise which will fulfil the designs of 
 benevolence in this respect. The edifice now in progress at Pittsburg 
 for the reception of prisoners, constructed upon a plan adapted to strict 
 solitary confinement, will go far towards accomplishing this great pur¬ 
 pose; and your memorialists are induced to hope that the same 
 enlightened policy which dictated the erection of a State prison in the 
 Western, will provide for the establishment of a similar one in the 
 Eastern part of the State. 
 
 Reasons of the most serious and substantial nature might be urged 
 to show the absolute necessity which exists for a penitentiary in the 
 city and county of Philadelphia, whether we regard the security of 
 society, or the restoration of the offenders against its laws. It will 
 not be necessary here to recite the alarming proofs which might be 
 adduced in support of their opinions, but refer to the documents here¬ 
 with furnished which exhibit the actual condition of the prison. 
 
 Your mertiorialists, therefore, respectfully request that you will be 
 pleased to take the subject under your serious consideration, and if 
 you judge it right, to pass -a law for the erection of a penitentiary for 
 the Eastern District of the State, in which the benefits of solitude and 
 hard labor may be fairly and effectually proved. Signed by order and 
 on behalf of the Society. 
 
 WILLIAM WHITE, 
 
 President. 
 
 WILLIAM ROGERS, 
 
 Vice-President. 
 
 THOMAS WISTAR, 
 
 Vice-President. 
 
 NICHOLAS COLLIN, 
 
 SAMUEL POWEL GRIFFITTS, 
 
 JOSEPH REED, 
 
 ROBERTS VAUX. 
 
 Attest:— Caleb Cresson, 
 
 Secretary. 
 
 From this brief history it will be seen that from the 
 year 1776 until 1821, when the above memorial was sent 
 to the Legislature of the State, the subject of reform in 
 penal laws and in prison discipline had engaged the 
 attention of a few of the citizens of Philadelphia, who, 
 from time to time, gave to the public, and to the Legis- 
 
20 
 
 lature, their views and experience on both these ques¬ 
 tions. It will also be observed that solitude and hard 
 labor were the opposites of that treatment of prisoners 
 which congregated them in one common herd, and 
 kept many in idleness, while others were degraded by 
 being forced to work on the public streets. The outrage 
 of thus treating individuals whose misfortune it was to be 
 guilty of crimes, by exposing them to labor with chains 
 on their limbs on the public highways, excited the liveliest 
 emotions of the philanthropic men, who were interested 
 in the relief of the miseries of prisoners, and who were 
 animated with the hope that their efforts might effect 
 reforms and meliorations in the plan of treating offenders 
 which at that time prevailed. This was the origin of the 
 Society whose efforts we have referred to; and out of 
 these efforts came knowledge and experience which 
 were not to be limited to those minor details in practical 
 benevolence which had suggested them. 
 
 It is most interesting to trace the elimination out 
 of these sources, of the broad and comprehensive views 
 which at last were enunciated by the members of the 
 Society, as to the merits, objects and means, necessary 
 for reform in prison discipline. 
 
 So soon as the experiment of solitude with hard labor 
 for convicts was tried, rather than congregation of all 
 offenders and work in public, it is evident from the history 
 of the Society as already given, that the change adopted 
 induced such a marked influence on the convicts as to, at 
 last, excite an examination into the principles which gov¬ 
 erned its operation and produced these consequences. 
 
 
21 
 
 Between the years 1801 and 1821, this subject engaged 
 the attention of some members of the Society who were 
 more versed in philisophic investigations and scientific 
 observations, and it is to them the present system of 
 separate confinement with labor as now administered 
 in the State Penitentiary for the Eastern District of 
 Pennsylvania, owes its origin. 
 
 OPINIONS OF THE FRIENDS OF SEPARATE CONFINEMENT, 1 8 20. 
 
 It is deemed important to quote the following views 
 and opinions written to prepare the public mind for the 
 establishment of the separate system in the Penitentiary 
 at Philadelphia, and as demonstrating the extent to which 
 the reasoning in favor of separation had led its advocates. 
 
 These arguments are interesting now, showing as 
 they do the objections made at that time to the Pennsyl¬ 
 vania system. “Those who have had an opportunity of 
 visiting prisons, or who have bestowed the least reflection 
 
 * ' i 
 
 upon the subject, must be convinced that the indiscrimi¬ 
 nate association of their inmates is productive of evil in 
 many respects. The effect of such intercommunication, 
 in one sense, puts all crime upon a level; for while the 
 same confinement is generally assigned to individuals 
 undergoing various terms of punishment, there can be 
 no wholesome lesson impressed upon the minds of any 
 concerning different degrees of guilt. The burglar and 
 the highwayman fare no worse than the petty thief, except 
 in the nominal duration of their confinement; and what 
 terror can there be in the punishment of .the former, which 
 will deter the latter offender from extending the sphere 
 
 4 
 
22 
 
 of his wickedness when cast upon society ? Even longer 
 detention in prisons is rarely felt, since the continual 
 admission of fresh convicts, or of old ones returned, 
 brings in constantly news for the amusement of the 
 detained felons, or intelligence which enables them when 
 released to meet abroad their former comrades, and to 
 renew their depredations.”* 
 
 This was the argument in favor of separation of 
 the convicts in the Penitentiary then building in Phila¬ 
 delphia. It is as strong and conclusive as any ever 
 presented on behalf of the separate system of peniten¬ 
 tiary discipline. It presents most satisfactory evidence 
 how the principles on which the system rests were evolved 
 out of the experience which a most imperfect trial of 
 
 separation produced in the Walnut street and the Arch 
 
 » 
 
 street jails, between the years 1801 and 1821, when the 
 last memorial of the Prison Society was sent to the Leg¬ 
 islature asking for a State Penitentiary for the Eastern 
 District of the State of Pennsylvania. 
 
 Although the reform in prison discipline was pro¬ 
 gressing to accomplishment, it was met by opposition 
 from unexpected sources. Howard in England, had 
 awakened attention to the subject of prisons and their 
 management. He returned from a visit to Europe about 
 the year 1787, and his account of the terrible state of the 
 prisons he there visited, created a movement in his own 
 country for a better condition of the jails. Out of this 
 incentive to effort, a society was organized with similar 
 objects to those of the Philadelphia Society, and it begun its 
 
 * Roberts Vaux' notices, &c., and reform in Penal Code, by Kimber & Sharpless, Philadelphia, 
 
 1826. 
 
23 
 
 work. Information was exchanged between these bodies, 
 and when, in 1821, the Legislature of Pennsylvania enacted 
 laws for the reform in prison discipline, and the State 
 penitentiaries were directed to be built, in which the 
 solitude and hard labor plan was to be inaugurated, it 
 produced opposition from some of the philanthropic 
 members of the English Society. William Roscoe, of 
 Liverpool, addressed two letters to Roberts Vaux, severely 
 animadverting on the Pennsylvania plan of prison disci¬ 
 pline. In reply to these letters a full refutation was 
 made of Mr. Roscoe’s views. 
 
 But the new system had other advocates and de¬ 
 fenders, Geo. Washington Smith, Esq., Dr. Franklin 
 Bache, the Hon. John Sergeant, Col. Samuel Miller, U. 
 S. M. Corps, of Philadelphia, Dr. Francis Lieber, and the 
 Hon. Edward Livingston, of Louisiana, wrote in its be¬ 
 half, each discussing the various objections to the system, 
 and showing that they were grounded in fears rather 
 than in knowledge or experience. 
 
 The following extract from the answer of Roberts 
 Vaux, [1827] to the letter of Mr. Roscoe, will show how 
 the system was understood by one of its founders: 
 
 It is very evident to my mind, that the true nature of the separate 
 co7ifine7nent which is proposed, requires explanation. I will therefore 
 endeavour to describe, what is intended by its friends. Previously, 
 however, it ought to be understood, that the chambers and yards pro¬ 
 vided for the prisoners, are like anything but those dreary, and fearful 
 abodes, which the pamphlet before me would represent them to be, 
 “ destmed to co7itain art epito77te aTid coTicentratioTi of all human misery, 
 of which the Bastile of France, a7id the Inquisition of Spam, were only 
 prototypes and Immble models. ’ ’ 
 
 The rooms of the new Penitentiary at Philadelphia are fire-proof, 
 of comfortable dimensions, with convenient courts to each, built on 
 
24 
 
 the surface of the ground—judiciously lighted from the roof—well ven¬ 
 tilated and warmed, and ingeniously provided with means for affording 
 a continual supply of excellent water, to ensure the most perfect 
 cleanliness of every prisoner, and his apartment.* They are, moreover, 
 so arranged as to be inspected, and protected, without a military guard, 
 usually though unnecessarily employed in establishments of this kind 
 in most other States. 
 
 In these chambers no individual, however humble, or elevated, 
 can be confined, so long as the public liberty shall endure, but upon 
 conviction of a known and well defined offence, by the verdict of a 
 jury of the country, and under the sentence of a court, for a specified 
 time. The terms of imprisonment it is believed can be apportioned 
 to the nature of every crime with considerable accuracy, and will no 
 doubt be measured in that merciful degree, which has uniformly charac¬ 
 terized the modern penal legislation of Pennsylvania. Where then, 
 allow me to inquire, is there in this system the least resemblance to that 
 dreadful receptacle constructed in Paris, during the reign of Charles the 
 Fifth, and which at different periods through four centuries and a half, 
 was an engine of oppression, and torture, to thousands of innocent 
 persons; or by what detortion can it be compared to the inquisitorial 
 courts and prisons, that were instituted in Italy, Portugal, and Spain, 
 between the years 1251 and 1537? 
 
 With such accommodations as I have mentioned, and with the 
 moderate duration of imprisonment contemplated on the Pennsylvania 
 plan, I cannot admit the possibility of the consequences which thy 
 pamphlet predicts, “ that a great number of individuals will probably be 
 put to death by the superinduction of diseases inseparable from such 
 7 node of treat 77 ient. ” Ido not apprehend either the physical maladies, 
 so vividly portrayed, or the mental sufferings, which with equal confi¬ 
 dence it is promised, shall 11 cause the 77 iind to rush back upon itself \ and 
 drive reason fro 77 i her seat .” On the contrary it is my belief, that less 
 bodily indisposition, and less mortality, will attend separate confine¬ 
 ment, than imprisonment upon the present method, for which some 
 reasons might be given that it would be improper here to expose. 
 
 By separate confinement , therefore, it is intended to punish those 
 who will not control their wicked passions and propensities, thereby 
 violating divine and human laws; and moreover to effect this punish¬ 
 ment, without terminating the life of the culprit in the midst of his 
 wickedness, or making a mockery of justice by forming such into com¬ 
 munities of hardened, and corrupting transgressors, who enjoy each 
 
 * The exact size of the chambers is 8 feet by 12 feet, the highest point of the ceiling 16 feet. The 
 yards are 8 feet by 20 feet. 
 
 1 
 
25 
 
 other’s society, and contemn the very power which thus vainly seeks 
 their restoration, and idly calculates to afford security to the State, from 
 their outrages in future. 
 
 In separate confinement every prisoner is placed beyond the possi¬ 
 bility of being made more corrupt by his imprisonment, since the least 
 association of convicts with each other must inevitably yield pernicious 
 consequences in a greater or less degree. 
 
 In separate confinement, the prisoners will not know who are 
 undergoing punishment at the same time with themselves, and thus will 
 be afforded one of the greatest protections to such as may happily be 
 enabled to form resolutions to behave well when they are discharged, 
 and be better qualified to do so; because plans of villainy are often 
 formed in jail which the authors carry into operation when at large, not 
 unfrequently engaging the aid of their companions, who are thereby 
 induced to commit new and more heinous offences, and come back to 
 prison under the heaviest sentences of the law. 
 
 In separate confinement , it is especially intended to furnish the 
 criminal with every opportunity which Christian duty enjoins, for pro¬ 
 moting his restoration to the path of virtue, because seclusion is believed 
 to be an essential ingredient in moral treatment, and with religious in¬ 
 struction and advice superadded, is calculated to achieve more than has 
 ever yet been done, for the miserable tenants of our Penitentiaries. 
 
 In separate confinement a specific graduation of punishment can be 
 obtained, as surely, and with as much facility as by any other system. 
 Some prisoners may labour—some may be kept without labour—some 
 may have the privilege of books—others may be deprived of it—some 
 may experience total seclusion—others may enjoy such intercourse as 
 shall comport with an entire separation of prisoners. 
 
 In separate confinement , the same variety of discipline, for offences 
 committed after convicts are introduced into prison, which any other 
 mode affords, can be obtained, though irregularities must necessarily 
 be less frequent,—by denying the refractory individual the benefit of 
 his yard, by taking from him his books or labour, and lastly, in extreme 
 cases, by diminishing his diet to the lowest rate. By the last mean, 
 the most fierce, hardened, and desperate offender can be subdued. 
 
 Hon. John Sergeant, of Philadelphia, one of the most 
 eminent jurists of this country, in a letter published in 
 1827, in vindication of the Pennsylvania system, said: 
 
 The objection to it is, that its severity would be intolerable. As 
 it has never been fairly tested by experiment, this objection must, for 
 
26 
 
 the present, be somewhat conjectural. There may be individuals who 
 will not be able to endure continued solitude for a considerable length 
 of time. In such cases, some modification in their favour may be 
 necessary. Experience will show to what extent this ought to be made. 
 That there are any to whom solitary confinement, even for a short 
 time, would be fatal, or even highly injurious may well be doubted, for 
 we have had frequent instances, of its infliction without such effects. 
 
 To return, however, to the charge of cruelty, with which it has 
 been stigmatized in advance, and therefore gratuitously. It may be 
 replied, in the first place, that if it be only meant that the punishment 
 will be severe, but without injury to the health or morals of the patient, 
 there is nothing in the objection. Punishment ought to be severe, if it 
 is meant to operate at all. People are not sent to prison, to enjoy 
 there the comforts and luxuries of life. It may be replied, further, that 
 admitting it to be severe, or even very severe, before it can on that 
 account be condemned, it must be compared with any other practicable 
 mode of punishment, and a fair comparison made of the cruelty (so 
 called) of each. And in making this comparison, we must take into the 
 account, the general merits of the respective plans as they tend more or 
 less to the welfare of society, and of the unhappy subject of punishment. 
 If there is a well grounded hope of lessening the quantity of crime and 
 thus promoting the general happiness and security of society, and if there 
 is also a hope of reforming the criminal, or even deterring him from the 
 repetition of crime, these are powerful considerations to be placed in 
 the scale against specific objections of severity. Nor, in this estimate, 
 must we forget, that this plan of solitary confinement has one peculiar 
 and great recommendation which no one can question. It will prevent 
 prisoners from injuring each other by vicious instruction, a most cruel 
 thing, it must be admitted, as it relates to those who are exposed to 
 such a noviciate, and as it relates to society in general. 
 
 In 1828, Hon. Edward Livingston, an erudite lawyer 
 and a publicist of great learning, in a printed letter on 
 the subject, used the following language: 
 
 But above all do not force those whom you are obliged to im¬ 
 prison before trial, be they innocent or guilty, into that contaminating 
 society from which, after they are found to be guilty, you are so 
 anxious to keep them. Remember, that in Philadelphia, as well as in 
 New York, more than two thousand five hundred are annually com¬ 
 mitted ; of whom not one-fourth are found to be guilty; and that thus 
 
27 
 
 you have introduced every year 1800 persons, presumed to be innocent, 
 
 t 
 
 into a school where every vice and every crime is taught by the ablest 
 masters; and we shut our eyes to this enormous evil, and inconsistently 
 go on preaching the necessity of seclusion and labour, and industry 
 after conviction, as if penitentiaries were the only places in which 
 the contamination of evil society were to be dreaded. Why will not 
 Pennsylvania take the lead in perfecting the work she began; and in¬ 
 stead of patchwork legislation, that can never be effectual, establish a 
 complete system, in which all the different, but mutually dependent 
 subjects of education, pauperism, penal law, and prison discipline 
 should be embraced ? I am preaching I know to the converted, when 
 I urge the consideration of these subjects upon you: but mutual ex¬ 
 hortation is of service even between those who think alike, and there 
 is np cause to the success of which I would more willingly devote my 
 feeble talents, and the exertions of my life, including, as it does, the 
 cause of religion, humanity, and social order, than the one which forms 
 the subject of this letter; there is none, I am sure, more interesting to 
 you, and therefore I will mix with it no other than that of the high 
 esteem with which I am always, my dear sir, your friend and humble 
 servant. 
 
 The Hon. H. W. Desaussure, an eminent member 
 of the Judiciary of South Carolina, in his views upon this 
 subject, published in 1834, says: 
 
 I confess my own mind had imbibed some prejudices against it as 
 a cruel punishment, and as tending to drive the mind to madness. 
 Experience has shewn, it seems that the latter effect has not been pro¬ 
 duced, and the severity of solitary confinement is entirely obviated by 
 the prisoner being allowed to labor and to receive instruction, literary 
 and moral during his confinement. These seem to approximate the 
 system as near to perfection as any human plan can be carried into 
 effect; we must not, however, expect too much from it. If we suppose 
 this treatment will reform all offenders, we shall be mistaken. The 
 strongest motives are held out by human and divine laws to avoid the 
 commission of crimes, yet men commit them daily. 
 
 In 1829, Mr. George W. Smith, of this city, a culti¬ 
 vated student and acute investigator, published a “De¬ 
 fence of the Pennsylvania System of Solitary Confinement 
 
28 
 
 of prisoners.” A second edition of this pamphlet ap¬ 
 peared in 1833, an d in it he expresses his views as follows: 
 
 The introduction of labour as an essential element of a general 
 system of prison discipline, may perhaps be justly attributed to that 
 spirit of economy which characterizes the legislation of the Dutch. 
 The maintenance of any class in idleness, has never been intentionally 
 practised by this industrious and thrifty nation. Hence prisons and 
 workhouses have been synonymous terms in Holland from a very 
 remote period: attempts to promote reformation by the religious 
 instruction of the prisoners appear to have been sometimes made in 
 that country with partial success. In no other part of Europe was this 
 system generally pursued: in few countries was it at tempted in any of 
 their prisons; and in Great Britain, it had not even entered into their 
 imaginations. We think it highly probable, that our illustrious founder, 
 William Penn, observed, during his travels in Holland, this striking 
 feature of their policy, and resolved to adopt the measure, when he 
 projected the celebrated code of laws in England, (1682) for the gov¬ 
 ernment of this province. In the tenth section it is expressly declared 
 that “all prisons shall be workhouses for felons, vagrants and loose 
 and idle persons.” The Great Law (1682) contains a similar enact¬ 
 ment—the stock on which all our subsequent legislation has been 
 grafted. The merit therefore of originality, has been perhaps errone¬ 
 ously attributed to him. It is however sufficient praise that he had the 
 penetration to perceive and judgment to approve and copy these useful 
 institutions of a foreign land. His fame as a legislator for originality 
 and humanity rests on a sure basis—the abolition of the punishment of 
 death for all crimes but murder, (which exception however is known to 
 have been contrary to his opinion.) From the year 1682 to 1717 
 labour formed an invariable portion of the punishments of those 
 sentenced to our prisons: at this period our mild Penal Code was 
 finally repealed by Great Britain, which had neither the humanity to 
 adopt it, nor the magnanimity to permit its continuance. The decline 
 of this system, until its final extinction in practice, some years before 
 the revolution, proves the negligence of our ancestors. At some future 
 time we may resume this subject, but our present design will not permit 
 us at present to discuss this interesting portion of our history. 
 
 A few years before the revolution, the Penal Code with its sangui¬ 
 nary enactments, and the abuses existing in prison discipline, began to 
 attract the attention of some of the humane citizens of Philadelphia; 
 they finally formed a Society on the 7th February, 1776, for the 
 purpose of effecting their benevolent designs. This association, which 
 
2 9 
 
 was called “The Philadelphia Society for assisting distressed Prison¬ 
 ers,” after a brief but not useless existence of nineteen months, was 
 dissolved, or rather suspended, by the capture of Philadelphia in 1777. 
 The public mind had been however prepared for the amelioration of 
 the Penal Code, partly by the efforts of the members of this Society; 
 and the first constitution of the State in 1776, ordains in Chap. 2, Sec. 
 28, that “punishments be made in some cases less sanguinary,” and in 
 Sec. 39, punishment by “hard labour” in the prisons is substituted. 
 The law remained a dead letter during that memorable period; and it 
 was not until the year 1786, after the conclusion of peace, that the sub¬ 
 ject was resumed, and hard labour enforced; but these efforts were par¬ 
 tial and ineffectual. In the following year, 1787, May 8, some of the 
 surviving members of the Society previously mentioned, and others, 
 reorganized the association under the name of “The Philadelphia 
 Society for alleviating the miseries of public prisons.” This useful and 
 unassuming body is the parent of all the societies which have been since 
 formed for similar purposes in Europe and this country. It has per¬ 
 haps effected more for the permanent benefit of mankind, than any of 
 the meritorious charities of this city of benevolence. It has the 
 enviable fame of being the first to reduce the humane and philosophic 
 theory of preventive and reforming punishments, by the separate 
 confinement and instruction of prisoners, to the unerring test of 
 successful experiment. 
 
 Before we describe the actual introduction of solitary confinement, 
 as it is perhaps erroneously styled, into our system of legislation, it 
 may be expedient to make a few observations on the history of this 
 interesting department of prison discipline. 
 
 As a means of mere effectual seclusion from society and the pre¬ 
 vention of further injury by prisoners during the period of incarcera¬ 
 tion, and as a mode of inflicting vindictive punishment, it has been 
 partially practised in almost every nation from the remotest ages. The 
 Egyptians were accustomed to bury alive in the dark, narrow and 
 secluded cells of some of their vast and secure edifices, which at once 
 served for prisons and for tombs, certain offenders against their laws. 
 These unhappy victims, from the hour when they were immured, until 
 the tedious period when death released them from their lingering 
 misery, never beheld the light of day, never inhaled the fresh air of 
 heaven, and never again beheld the face of man, or heard the consoling 
 accents of his voice. Among the Romans, among the nations of the 
 dark ages, among the modern Italian republics, and in yet later times, 
 solitary confinement has been occasionally practised as one of the most 
 dreadful means of vindictive punishment—a confinement unmitigated, 
 
 5 
 
30 
 
 absolute, and inhuman; a confinement at the mere mention of which 
 the philanthropist shudders with horror, and the philosophic reformer 
 turns aside with disgust and reprobation. 
 
 The earliest cases of solitary confinement as an intended means of 
 reform , may be discovered in the records of ecclesiastical history. 
 Nevertheless it is to Catholic Rome that we owe the first great reform in 
 Penitentiary discipline. The prison in which it was introduced re¬ 
 mained for nearly a century a solitary instance of successful benevo¬ 
 lence, extended no further in Rome, where it originated, and unimi¬ 
 tated in Christendom! The Hospital of St. Michael, (founded in 
 Rome 1718,) was the first “ house of refuge ” in Europe. Mere work- 
 houses, in which the operatives were felons, had indeed been established 
 in other countries; and although in a few of them instruction had been 
 attempted, the corrupting intercourse which was permitted day and 
 night; the mixture of all ages, ranks and sexes, into one corrupting 
 leavened mass of shameless iniquity, rendered the consignment of a 
 juvenile offender to these abodes of sin, a certain sentence of moral 
 death. He who entered their gates a novice in guilt, accomplished 
 his education in villainy; and leaving character, shame, independence, 
 and every incentive to voluntary industry and virtue within their walls, 
 departed an adept in crime, ignorant only of his duties , prepared to 
 practice at the expense of society those lessons of vice which its folly 
 had forced on his acquaintance, and almost compelled him to exercise 
 as a profession when discharged. Such was the deplorable condition 
 of these colleges of crime, as prisons have been too correctly denomi¬ 
 nated, when this noble institution of St. Michael was commenced; the 
 foundations were laid on the firm basis of humanity and sound philo¬ 
 sophy. The great evils of idleness were prevented by constant labour 
 during the day; classification to a certain extent, and silence, as far as 
 practicable in an assembly, were enforced; and separate dormitories, 
 or night rooms, for each prisoner, provided: appropriate moral senti¬ 
 ments were inscribed on conspicuous tablets, for the continual 
 inspection of the inmates; and above all, religious instruction was 
 administered. 
 
 The assembly of Pennsylvania, convinced by the arguments of the 
 society, in the year 1789-90, effected a radical change in the discipline 
 of the prison. The convicts were compelled to labour; the sexes were 
 separated; the convicts were separated from the untried prisoners and 
 debtors; suitable food and clothing were provided for them; the 
 introduction of ardent spirits was strictly prohibited, and jail fees and 
 garnish utterly abolished; above all, religious instruction, and as far 
 as possible, a classification of the prisoners, were introduced; conver- 
 
3i 
 
 sation was also restrained. The prisoners at that time not being 
 numerous, these arrangements Were practicable in the prison; which 
 was however far too limited to test the merits of the system of improve¬ 
 ments, which the society was anxious to introduce. The Legislature 
 was not at that time prepared to appropriate a sufficient sum of money 
 to construct a new and perfect prison for the purpose of testing the 
 merits of an untried experiment, however flattering might be the 
 prospects of success. The friends of the new system were willing to 
 test its merits with the imperfect apparatus which alone was at their 
 disposal. These alterations, in conjunction with some others of a 
 minor description, would alone have produced effects highly beneficial; 
 and doubtless a portion of the reformation, which most unquestiona¬ 
 bly was produced by the new system, is attributable to them; but 
 the great object of reform was mainly produced by the celebrated law, 
 enacted by the Legislature of Pennsylvania, April 5th, 1790, by which 
 separate and solitary confinement was first introduced. In the pream¬ 
 ble to that act, it is declared that the previous laws for the punishment 
 of criminals “had failed of success,” “from the communication with 
 each other not being sufficiently restrained within the places of con¬ 
 finement, and it is hoped that the addition of unremitted solitude to 
 laborious employment, as far as it can be effected, will contribute as 
 much to reform as to deter.” In the 8th section it is ordered that “a 
 suitable number of cells be constructed in the yard of the jail of the 
 said county, each of which cells shall be six feet in width, eight feet in 
 length, and nine feet in height; and the said cells shall be separate 
 from the common yard, by a wall of such height, as, without any 
 unnecessary exclusion of air and light, will prevent all external 
 communication for the purpose of confining therein the more hardened 
 and atrocious offenders,” viz: those mentioned in this and a former 
 Act. 
 
 In Section 10th, “the residue of the said jail shall be appropriated 
 to the purposes of confining as well such male convicts sentenced to 
 hard labour, as cannot be accommodated in the said cells, as female 
 convicts sentenced in like manner, persons convicted of capital 
 offences, vagrants, and disorderly persons committed as such, and 
 persons charged with misdemeanors only; all which persons are hereby 
 required to be kept separate and apart from each other as much as the 
 convenience of the building will admit,” &c. In Section 13th, 
 “during which labour the said offenders shall be kept separate and 
 apart from each other , if the nature of their several employments will 
 admit thereof; and where the nature of such employment requires two 
 or more to work together, the keeper of the said jail, or one of his 
 
32 
 
 deputies, shall, if possible, be constantly present.” In Section 21st, 
 for certain offences committed within the prison , the jailer is authorized 
 to confine prisoners violating the discipline of the prison in the dark 
 cells, on bread and water, for a short time only; but in the county 
 prisons, the period of inflicting this punishment is unlimited. 
 
 EXPERIENCE CONFIRMS THEORY. 
 
 * 
 
 The forty years of trial that has been given to the 
 Pennsylvania system in the Penitentiary at Philadelphia, 
 demonstrates that the objections to the separate system 
 have, by actual experience within the Penitentiary, been 
 thoroughly disproved, and this demonstration rests upon 
 a body of voluminous, elaborate and minutely classified 
 statistics, embracing industrial, moral and educational 
 relations of every prisoner received in the Institution, 
 and also their mental and physical health on admission 
 and discharge. These statistical tables are regarded of 
 very great value as the best evidence of the develop¬ 
 ments made during the period of progress in the admin¬ 
 istration of the separate, or individual-treatment system 
 
 # 
 
 of Penitentiary discipline. 
 
 ACT OF ASSEMBLY FOR ERECTION OF THE STATE PENITENTIARY 
 
 AT PHILADELPHIA. 
 
 The Legislature of this State, by an Act of March 
 20, 1821, authorized the construction of the State Peni¬ 
 tentiary for the Eastern District of Pennsylvania. 
 
 It will be noticed that the State Penitentiary, in the 
 Western District at Pittsburgh, was first authorized to be 
 erected, and it was progressing at the date of the Act 
 for the erection of the Eastern State Penitentiary. The 
 
33 
 
 t 
 
 plan adopted for the Pittsburgh Penitentiary was defective, 
 as was proved early in its history. The changes deemed 
 necessary were made in the plan of the Eastern Peni¬ 
 tentiary. 
 
 The following is a copy of the Act of the General 
 Assembly, authorizing the erection of the State Peniten¬ 
 tiary at Philadelphia, bearing date March 20, 1821 : 
 
 AN ACT 
 
 To provide for the erection of a State Penitentiary within the City and County of Philadelphia. 
 
 Section i. Be it enacted by the Senate and House of Represen¬ 
 tatives of the Commonwealth of Pennsylvania in General Assembly 
 met , and it is hereby enacted by the authority of the same , That a State 
 Penitentiary, capable of holding two hundred and fifty prisoners, on 
 the principle of solitary confinement of the convicts , as the same now is, 
 or hereafter may be, established by law, shall be erected at such place 
 within the limits of the city or county of Philadelphia, as the com¬ 
 missioners, hereinafter mentioned, shall fix and appoint, to be called 
 the State Penitentiary for the Eastern District, the expense whereof 
 shall be defrayed in the manner and out of the funds hereinafter 
 provided. 
 
 Section 2. And be it further enacted by the authority aforesaid , 
 That the following named persons, viz.: Thomas Wistar, Dr. Samuel 
 P. Griffitts, Peter Miercken, George N. Baker, Thomas Bradford, jun., 
 John Bacon, Samuel R. Wood, Thomas Sparks, James Thackara, 
 Daniel H. Miller and Caleb Carmalt, be, and they hereby are 
 appointed commissioners for the erection of said Penitentiary, whose 
 duty it shall be to select and purchase a suitable site within the city 
 and county of Philadelphia for the same, the title whereof shall be 
 vested in the commonwealth of Pennsylvania; to make all the neces¬ 
 sary contracts for the building of the said Penitentiary, taking security 
 for the faithful performance of the said work, in a good and workman¬ 
 like manner: and in case of the death or resignation of any of the 
 said commissioners, before the completion of their trust, the Governor 
 shall appoint suitable persons to fill the vacancy. 
 
 Section 3. And be it further enacted by the authority aforesaid, 
 That the said Penitentiary shall be constructed on the plan of the 
 Penitentiary of Pittsburg, subject to such alterations and improve- 
 
34 
 
 ments as the said commissioners, or a majority of them, may, from 
 time to time, with the approbation of the Governor, approve and 
 direct: Provided always , That the p?’inciple of the solitary confinement 
 of the prisoners be preserved and maintained. 
 
 Section 4. And be it further enacted by the authority aforesaid , 
 That the sum of one hundred thousand dollars be, and is hereby 
 appropriated to be paid after the first day of October, on warrants 
 drawn by the Governor in favour of the said commissioners, on the 
 treasurer of the commonwealth, to be by them applied in purchasing 
 the site, and thereon erecting the Penitentiary aforesaid; and the said 
 commissioners shall furnish a detailed statement of their accounts to 
 the accountant department quarterly, to be settled and adjusted in the 
 usual manner: Provided , That the Governor shall have full power to 
 draw warrants for said money, in such instalments only as in his 
 opinion the progress of the work requires. 
 
 Section 5. And be it further enacted by the authority aforesaid , 
 That the said commissioners be, and they are hereby authorised to 
 sell, or otherwise appropriate, all the right, title, claim and interest of 
 the commonwealth, in the vacant lots yet undisposed of, the property 
 of the commonwealth, in the city of Philadelphia, unimproved by the 
 state, in such manner, and at such times, as to them may appear most 
 eligible; and the money arising from such sales is hereby appropriated, 
 in addition to the sum hereinbefore granted, to defray the expenses of 
 erecting the Penitentiary aforesaid : the said commissioners to account 
 for the proceeds of such sales and the expenditure thereof, in the same 
 manner as is hereinbefore provided for in relation to the moneys to be 
 drawn from the treasury: Provided always , That if the title to any 
 lot sold by virtue of this act, shall prove to be defective, nothing 
 herein contained shall be construed so as to bind the state to pay the 
 value of the same or make reparation for any damages which may 
 arise by such defective title, but the amount of money received from 
 the sale of such lot shall be refunded by the said commissioners : and 
 the better to enable the said commissoners to carry into effect the 
 provisions herein contained, it shall be the duty of the surveyor general 
 to furnish to said commissioners, on request made, free of charge for 
 office fees or expenses, all information in his possession, or from the 
 records of the office, which they may need, relative to the vacant lots, 
 the property of the commonwealth, in the city of Philadelphia, unim¬ 
 proved by the state, yet remaining unsold. 
 
 Section 6. And be it further enacted by the authority aforesaid , 
 That the like proceedings may and shall be had, and the same remedies 
 used, by the said commissioners, to obtain and give possession of the 
 
35 
 
 lots hereby directed to be sold by virtue of this act, as are provided 
 and given to the wardens of the city of Philadelphia, by the thirteenth 
 section of the “Act for the better support of public credit,” &c., 
 passed the tenth day of April, seventeen hundred and eighty-one, in 
 relation to vacant lots in the city of Philadelphia, the property of the 
 commonwealth: Provided , That if the party in possession shall plead 
 title to the premises under any office right from this commonwealth, 
 and produce the same, the justice of the supreme court shall proceed 
 no further therein. 
 
 Section 7. And be it further enacted by the authority aforesaid , 
 That if the commissioners of the city and county of Philadelphia shall 
 secure to be paid into the treasury of the commonwealth, in three 
 equal annual instalments, commencing on the first day of January, one 
 thousand eight hundred and twenty-one, the sum of fifty thousand 
 dollars, then and in that case, all the right, title and interest of the 
 commonwealth, of, in and to the new prison, situate in the city of 
 Philadelphia, on the south side of Mulberry street between Broad 
 street and Eighth street from the river Schuylkill, shall be vested in 
 the said commissioners of the city and county of Philadelphia and their 
 successors, for the use of the said city and county, and the said 
 prison shall from thenceforth be deemed, taken and held to be the 
 prison of the city and county of Philadelphia, to be thereafter used, 
 and subject to the like provisions and restrictions as are now or 
 may hereafter be prescribed by law, for the prisons of the respec¬ 
 tive counties in the state: Provided , however , That the appropria¬ 
 tion made by the fourth section of this act, shall not be paid or 
 any part thereof, until the commissioners of the county of Philadel¬ 
 phia, shall have secured to be paid as aforesaid the said sum of fifty 
 thousand dollars. 
 
 Section 8. And be it further enacted by the authority aforesaid , 
 That if the said commissioners of the city and county of Philadelphia, 
 shall comply with the provisions of the seventh section of this act, then 
 and in that case, the right of sending the convicts of the several coun¬ 
 ties to the prison of the city and county of Philadelphia, reserved by 
 the commonwealth by an act passed on the second day of April, one 
 thousand eight hundred and three, entitled “An act to direct the sale 
 of certain unimproved city lots, the property of this commonwealth, in 
 the city of Philadelphia, and to appropriate the proceeds thereof 
 towards the erection of a building, for the purpose of more completely 
 carrying into effect the penal laws of this state,” shall from and after 
 the completion of the State Penitentiary hereby authorised to be built, 
 cease and determine. 
 
3 ^ 
 
 Section 9. And be it further enacted by the authority aforesaid , 
 That the said commissioners shall not be entitled to any compensation 
 for their services, nor shall it be lawful for them, or either of them, to 
 be concerned as principals, agents, or otherwise, in any contract con¬ 
 nected with the building of the said Penitentiary, or derive any profit 
 or advantage from the same, but they are authorised to employ a clerk* 
 whose duty it shall be to take care of the books and papers, and per¬ 
 form such other duties as may be directed by them, which clerk shall 
 receive for his services such compensation as the commissioners may 
 direct, not exceeding five hundred dollars per annum, payable out of 
 the moneys placed in their hands by virtue of the provisions of this 
 act. 
 
 Section 10. And be it ficrther e?iacted by the authority aforesaid, 
 That so much of “An act to provide for the erection of a State Peni¬ 
 tentiary, on the public land adjoining the town of Allegheny, opposite 
 Pittsburg, in the county of Allegheny, and for other purposes,” passed 
 March third, eighteen hundred and eighteen, as provides for the sale 
 of the Philadelphia prison and the erection of a Penitentiary, and so 
 much of any other act or acts as are hereby altered or supplied, be, 
 and the same are hereby repealed. 
 
 REFORMED PENAL CODE. 
 
 The following act passed April 23, 1829, provides 
 for a reform in the penal code, and also the rules for the 
 administration of the Penitentiary: 
 
 A FURTHER SUPPLEMENT 
 
 To an act, entitled “ An Act to Reform the Penal Laws of this Commonwealth." 
 
 Section i. Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania in General Assembly met, 
 and it is hereby enacted by the authority of the same, That every person 
 who shall be convicted in any court in the western district, of any of 
 the crimes hereafter mentioned, committed after the first day of July 
 next, shall, instead of the Penitentiary punishments heretofore pre¬ 
 scribed, be sentenced by the proper court to suffer punishment by 
 separate or solitary confinement at labour, in the manner and for the 
 times hereinafter prescribed, in the State Penitentiary for the western 
 district, in the county of Allegheny, and for that purpose to be removed 
 to the State Penitentiary at the expense of the State. 
 
37 
 
 Section 2. And be it further enacted by the authority aforesaid , 
 That from and after the first day of July next, every person who shall 
 be convicted in any court in the eastern district of any of the follow¬ 
 ing crimes, viz., murder in the second degree, manslaughter, high 
 treason, arson, rape, sodomy or buggery, burglary, forgery, passing 
 counterfeit money, robbery, kidnapping, mayhem, horse stealing and 
 perjury, committed after the first day of July next, shall, instead of the 
 Penitentiary punishments heretofore prescribed, be sentenced by the 
 proper court to suffer punishment by separate or solitary confinement at 
 labour in the manner, and for the time and times hereinafter prescribed, 
 in the State Penitentiary for the eastern district, in the county of 
 Philadelphia, and for that purpose to be removed to the said Peniten¬ 
 tiary at the expense of the State. 
 
 Section 3. And be it further enacted by the authority aforesaid , 
 That from and after the first day of July next, all and every person 
 adjudged to suffer separate or solitary confinement at labour in the 
 eastern and western Penitentiaries, shall be kept singly and separately 
 at labour, in the cells or work yards of said prisons, and be sustained 
 upon wholesome food of a coarse quality, sufficient for the healthful 
 support of life, and be furnished with clothing suited to their situa¬ 
 tion, at the discretion of the inspectors of said prisons; that during 
 the confinement of such prisoners no access shall be had to them by 
 any person or persons, except the inspectors and officers of the insti¬ 
 tution hereinafter mentioned, the grand juries of the cities of Phila¬ 
 delphia and Pittsburg, and the counties of Allegheny and Philadelphia,* 
 and the official visitors hereinafter named, and such other persons as 
 may be permitted for highly urgent reasons, by any rule or regulation 
 of the board of inspectors. 
 
 Section 4. And be it further enacted by the authority aforesaid , 
 That instead of the Penitentiary punishment heretofore prescribed, the 
 punishment by solitary confi 7 iement at labour , shall be inflicted upon the 
 several offenders who shall, after the first day of July next, commit 
 and be legally convicted of any of the offences hereinafter enumerated 
 and specified, that is to say: 
 
 MURDER. 
 
 Every person convicted of murder in the second degree, shall be 
 sentenced to undergo imprisonment in one of the State Penitentiaries, 
 as the case may be, and to be kept in separate or solitary confinement 
 at labour for the first offence for a period not less than four nor more 
 
 * Repealed. 
 
 6 
 
38 
 
 than twelve years, and for the second offence for the period of his 
 natural life; and be fed, clothed and treated, as is provided in this act. 
 
 MANSLAUGHTER. 
 
 Every person duly convicted of voluntary manslaughter, shall be 
 sentenced to undergo a similar confinement at labour, for the first 
 offence for a period of not less than two nor more than six years, for the 
 second offence, for a period of not less than six nor more than twelve 
 years, under the same conditions as are expressed in the first clause of 
 this section, and to give security on conviction either for the first or 
 second offence, for good behaviour during life or for any less time, 
 according to the nature and enormity of the offence. 
 
 HIGH TREASON. 
 
 Every person duly convicted of the crime of high treason shall be 
 sentenced to undergo a similar confinement at labour, for the first 
 offence for a period not less than three nor more than six years, for 
 the second offence for a period of not exceeding ten years, under the 
 same conditions as are expressed in the first clause of this section. 
 
 ARSON. 
 
 Every person duly convicted of the crime of maliciously and 
 voluntarily burning the dwelling-house or any other house, barn or 
 stable adjoining thereto, or any barn or out-house having hay or grain 
 therein, although the same shall not be adjoining to such dwelling- 
 house, or of having wilfully and maliciously set fire to any barrack, 
 rick or stack of hay, grain or bark, with intent to destroy the same, 
 belonging to any other person or persons, or of maliciously and 
 voluntarily burning any of the public buildings in the city of Phila¬ 
 delphia or the public buildings at Harrisburg, or of any of the cities 
 or counties in the state, or any church, meeting-house, or other 
 building for public worship, or any college, academy, school house, or 
 library, or as being accessary thereto, shall be sentenced to undergo a 
 similar confinement at labour, for a period of not less than one nor 
 more than ten years for the first offence, and not more than fifteen 
 years for the second offence, under the same conditions as are herein 
 expressed in the first clause of this section. 
 
 RAPE. 
 
 Every person duly convicted of the crime of rape, or as being 
 accessary thereto before the fact, shall be sentenced to undergo a 
 similar confinement at labour, for the first offence for a period not less 
 
39 
 
 than two nor more than twelve years, and for the second offence for 
 and during the period of his natural life, under the same conditions 
 as hereinbefore expressed. 
 
 BURGLARY. 
 
 Every person duly convicted of burglary, or as accessary thereto 
 before the fact, shall be sentenced to undergo a similar confinement at 
 labour and under the conditions hereinbefore stated, for the first offence 
 for a period not less than two nor more than ten years, and for the 
 second offence a period not exceeding fifteen years. 
 
 SODOMY OR BUGGERY. 
 
 Every person duly convicted of sodomy or buggery, or as accessary 
 thereto before the fact, shall be sentenced to undergo a similar confine¬ 
 ment at labour, for the first offence for a period of not less than one 
 nor more than five years, and for the second offence, not exceeding ten 
 years, under the same conditions as are hereinbefore expressed. 
 
 FORGERY. 
 
 • Every person duly convicted of having falsely forged and coun¬ 
 terfeited any gold or silver coin, which now is or hereafter shall be 
 passing or in circulation within this state, or having falsely uttered, 
 paid or tendered in payment any such counterfeit and forged coin, 
 knowing the same to be forged and counterfeit, or having aided, 
 abetted or commanded the perpetration of either of the said crimes, or 
 of having falsely made, forged or counterfeited, or caused or procured 
 to be falsely made, forged or counterfeited, or of having willingly aided 
 or assisted in falsely making, forging or counterfeiting any bill or note 
 in imitation of, or purporting to be a bill or note issued by order 
 of the president, directors and company of the bank of the United 
 States, or of any of the banks within this commonwealth, incorporated 
 in pursuance of any act or acts of the general assembly, or by any or 
 either of the said banks, or any order or check on any of the said 
 banks or corporations, or any cashier of either of the said banks, or of 
 having falsely altered or caused or procured to be falsely altered, or 
 willingly aided or assisted in falsely altering any bill or note issued by 
 any or either of the said banks, or by order of the president, directors 
 and company of either of the said banks, or any order or check on 
 any of the said banks or corporations or cashiers of either or any of the 
 said banks; or of having passed, uttered or published, or attempted to 
 pass, utter or publish as true, any false, forged or counterfeit bill or 
 note, purporting to be a bill or note issued by any or either of the said 
 banks, or by order of the president, directors and company or any or 
 
40 
 
 either of the said banks, or any falsely altered order or check on any 
 of the said banks or corporations, or any cashier or either of them, 
 knowing the same to be falsely altered with intent to defraud any of 
 the said banks, or any other body politic or person ; or of having sold, 
 uttered or delivered, or caused to be sold, uttered or delivered, any 
 forged or counterfeit note or bill in imitation, or purporting to be 
 a bill or note issued by any or either of the said banks, or by order of 
 the president and directors of any or either of the said banks, knowing 
 the same to be false, forged and counterfeited, or of having made or 
 engraved, or caused or procured to be made or engraved, or of having 
 in his custody or possession any metallic plate, engraved after simili¬ 
 tude of any plate from which any notes or bills issued by any bank, 
 
 * 
 
 incorporated in pursuance of any act or acts of assembly of this 
 commonwealth, shall have been printed, with intent to use such plate, 
 or to cause or suffer the same to be used in forging or counterfeiting 
 any of the notes or bills issued by the said banks, or any or either of 
 them, or of having in his custody or possession any blank note or 
 notes, bill or bills, engraved and printed after the similitude of any 
 notes or bills issued by either of the said banks, with intent to use 
 such blanks, or cause or suffer the same to be used in forging or 
 counterfeiting any of the notes or bills issued by the said banks, or 
 having in his custody or possession any paper adapted to the making 
 of bank notes or bills, and similar to the paper upon which any notes 
 or bills of either of the said banks shall have been issued, with intent 
 to use such paper, or cause, or suffer the same to be used in forging 
 or counterfeiting any of the notes or bills issued by either of the said 
 banks; or of having forged, defaced, corrupted or embezzled any 
 charters, gifts, grants, bonds, bills, wills, conveyances or contracts, or 
 of having defaced or falsefied any enrolment, registry or record within 
 this state, or of having forged any entry of the acknowledgment, 
 certificate or endorsement, whereby the freehold or inheritance of any 
 person or persons may be charged, or of counterfeiting the hand or 
 seal of another, with intent to defraud, or the privy or great seal of 
 the state, or the seal of any county in the state, shall be sentenced to 
 be imprisoned in solitary confinement at labour, for the first offence 
 for a period not less than one year nor more than seven years, and for 
 the second offence for a period not exceeding ten years, under the 
 same conditions as are expressed in the first clause of this section. 
 
 ROBBERY. 
 
 Every person convicted of robbery, or as being accessary thereto 
 before the fact, shall be sentenced to undergo a similar confinement, 
 
4i 
 
 for the first offence for a period of not less than one nor more than 
 seven years, and for the second offence for a period not exceeding 
 twelve years, under the same conditions as are hereinbefore expressed. 
 
 MAYHEM. 
 
 Every person convicted of mayhem, his or her aiders, abettors, or 
 counsellors, shall be sentenced to undergo a similar confinement at 
 labour, for the first offence for a period not less than one year nor 
 more than seven years, and for the second offence not exceeding four¬ 
 teen years, under the same conditions as above expressed. 
 
 KIDNAPPING. 
 
 Every person convicted of kidnapping, under the provisions of the 
 laws of this commonwealth, shall be sentenced to undergo a similar 
 confinement at labour, for the first offence for a period not less than 
 five nor more than twelve years, and for the second offence for a period 
 of twenty-one years, under the same conditions as are hereinbefore 
 expressed. 
 
 HORSE STEALING. 
 
 Every person convicted of horse stealing, or as accessary thereto 
 before the fact, shall be sentenced to undergo a similar confinement at 
 labour, for the first offence for a period not less than one nor more than 
 four years, and for the second offence for a period of not more than 
 seven years, under the same conditions as hereinbefore expressed. 
 
 PERJURY. 
 
 Every person convicted of perjury or subornation of perjury, or of 
 wilfully and corruptly making a false oath at any general or special 
 election, under the provisions of the several acts regulating the general 
 elections within this commonwealth, or of suborning any other person 
 to make such false oath or affirmation, or having knowingly published, 
 uttered or made use of any forged or false receipt or certificate, with 
 intent to impose the same upon or to deceive any judge or inspector 
 at any election, shall be sentenced to undergo a similar confinement, 
 for the first offence for a period not less than one year nor more than 
 five years, and for the second offence for a period not exceeding eight 
 years, and be treated as is hereinbefore provided in the first clause of 
 this section. 
 
 Section 5. And be it further enacted by the authority aforesaid , 
 That every other felony or misdemeanor or offence whatsoever, not 
 specially provided for by this act, may and shall be punished as here¬ 
 tofore. 
 
42 
 
 Section 6. And be it further enacted by the authority aforesaid , 
 That all definitions and descriptions of crimes, all fines, forfeitures, 
 penalties and incapacities, the restitution of property or the payment 
 of the value thereof, and every other matter not particularly mentioned 
 in this act, be and the same shall remain as heretofore. 
 
 Section 7. And be it further enacted by the authority aforesaid , 
 That the penitentiaries aforesaid shall be respectively managed by a 
 board of inspectors, consisting of five taxable citizens of Pennsylvania, 
 who shall be appointed as follows: The judges of the supreme court 
 of the state shall at the first term of any supreme court, which shall be 
 held in any of the districts of the state after the passage of this act, 
 appoint five taxable citizens residing in the city of Pittsburg, or county 
 of Allegheny, who shall be inspectors of the Western State Peniten¬ 
 tiary, to serve for two years; and five taxable citizens residing in the 
 city or county of Philadelphia, who shall be inspectors of the Eastern 
 State Penitentiary, to serve for two years, and until their successors 
 shall be appointed; and in case of any vacancy occasioned by death, 
 resignation, refusal to serve, or otherwise, the same shall be supplied 
 by the said judges, as soon as conveniently may be. 
 
 ftx % tf(4 jjhttiUttiiittg. 
 
 Section 8. And be it further enacted by the authority aforesaid , 
 That the following rules and regulations for the better ordering and 
 government of said penitentiaries shall be and continue in force until 
 altered by the legislature, or in the manner hereinafter stated. 
 
 ARTICLE I. 
 
 Of the Inspectors and their Duties. 
 
 They shall at their first meeting and annually thereafter appoint 
 
 out of their number a president, secretary and treasurer, and keep 
 
 ' * 
 
 regular minutes of their proceedings; they shall hold stated meetings 
 once a month, and adjourned and special meetings whenever necessary; 
 the treasurer shall give bond with sufficient surety in such amount as 
 the inspectors may fix and determine, and shall receive and disburse 
 all moneys belonging to the prison, according to the order of the 
 board; they shall semi-annually appoint a warden, a physician, and 
 clerk for the institution, and shall fix their salaries as well as those of 
 the under-keepers or overseers, and the persons employed about the 
 
43 
 
 prison; they shall serve without any pecuniary compensation, and shall 
 be exempted from military duty, from serving on juries and arbitra¬ 
 tions, or as guardians of the poor; they shall visit the Penitentiary at 
 least twice in every week, to see that the duties of the several officers 
 and attendants are performed, to prevent all oppression, peculation, or 
 other abuse or mismanagement of the said institutions; they shall have 
 power, if they on conference find it necessary to make such rules for the 
 internal government of said prison, as may not be inconsistent with the 
 principles of solitary confinement as set forth and declared by this act. 
 
 They shall attend to the religious instruction of the prisoners and 
 procure a suitable person for this object, who shall be the religious in¬ 
 structor of the prisoners: Provided , Their services shall be gratuitous. 
 
 They shall direct the manner in which all raw materials to be 
 manufactured by the convicts in said prisons, and the provisions and 
 other supplies for the prisons shall be purchased, and also the sale of all 
 articles manufactured in said prisons. 
 
 They shall cause accurate accounts to be kept by the clerk, of all 
 expenditures and receipts in the Penitentiaries, which accounts respec¬ 
 tively shall be annually examined and settled by the auditors of the 
 county of Allegheny, and of the county of Philadelphia. 
 
 They shall on or before the first day of January in every year, 
 make a report in writing to the legislature, of the state of the Peniten¬ 
 tiaries. 
 
 The report shall contain the number of prisoners in confinement, 
 their age, sex, place of nativity, time of commitment, term of impri¬ 
 sonment during the preceding year, noticing also those who have 
 escaped or died, or who were pardoned or discharged, designating the 
 offence for which the commitment was made, and whether for a first 
 or repeated offence, and when and in what court, or by whose order; 
 and in such return the inspectors shall make such observations as to 
 the efficiency of the system of solitary confinement as may be the result 
 of their experience, and give such information as they may deem ex¬ 
 pedient for making the said institution effectual in the punishment and 
 reformation of offenders. 
 
 They shall have power to examine any person upon oath or affir¬ 
 mation relative to any abuse in the said places of confinement, or 
 matter within the purview of their duties; they shall direct in what 
 manner the rations for the subsistence of the prisoners shall be com¬ 
 posed, in conformity with the general directions on that subject here¬ 
 inafter contained. 
 
 The inspectors in their weekly visits to the several places of con¬ 
 finement shall speak to each person confined therein out of the pre- 
 
44 
 
 sence of any of the persons employed therein; shall listen to any com¬ 
 plaints that may be made of oppression or ill conduct of the persons 
 so employed, examine into the truth thereof, and proceed therein when 
 the complaint is well founded; and on such visits they shall have the 
 calendar of the prisoners furnished to them by the warden, and see by 
 actual inspection whether all the prisoners named in the said calendar 
 are found in the said prison, in the situation in which by the said 
 calendar they are declared to be. 
 
 A majority of the said inspectors shall constitute a board, and 
 may do any of the acts required of the said inspectors; two of the 
 inspectors shall be a quorum for the weekly visitations hereby directed 
 to be made. 
 
 The warden shall not, nor shall any inspector, without the 
 direction of a majority of the inspectors, sell any article for the use 
 of the said Penitentiaries, or either of them, or of the persons con¬ 
 fined therein during their confinement, nor derive any emolument 
 from such purchase or sale, nor shall he, or they, or either of them, 
 receive under any pretence whatever from either of the said prisoners, 
 or any one on his behalf, any sum of money, emolument or reward 
 whatever, or any article of value, as a gratuity or gift, under the 
 penalty of five hundred dollars fine, to be recovered in the name of 
 the commonwealth, by an action of debt, in any court of record 
 thereof, having jurisdiction of sums of that amount. 
 
 ARTICLE II. 
 
 Of the Duties of the Warden. 
 
 The warden shall reside in the Penitentiary; he shall visit every 
 cell and apartment, and see every prisoner under his care at least once 
 in every day; he shall keep a journal, in which shall be regularly 
 entered the reception, discharge, death, pardon, or escape of any pri¬ 
 soner, and also the complaints that are made, and the punishments 
 that are inflicted for the breach of prison discipline, as they occur; the 
 visits of the inspector and the physician, and all other occurrences of 
 note that concern the state of the prison, except the receipt and 
 expenditures, the account of which is to be kept in the manner here¬ 
 inafter directed. 
 
 The warden shall appoint the under-keepers, who shall be called 
 overseers, and all necessary servants, and dismiss them whenever he 
 thinks proper, or the board of inspectors direct him so to do. 
 
 He shall report all infractions of the rules to the inspectors, and 
 with the approbation of one of them, may punish the offender, in such 
 
45 
 
 manner as shall be directed in the rules to be enacted by the inspec¬ 
 tors, concerning the treatment of prisoners. 
 
 He shall not absent himself from the Penitentiary for a night 
 without permission in writing from two of the inspectors. 
 
 He shall not be present when the inspectors make their stated 
 visits to the prisoners under his care, unless thereto required by the 
 inspectors. 
 
 ARTICLE III. 
 
 Of the Duty of the Overseers. 
 
 It shall be the duty of the overseers to inspect the condition of 
 each prisoner at least three times in every day, to see that his meals 
 . are regularly delivered, according to the prison allowance, and to 
 superintend the work of the prisoners. 
 
 They shall give immediate notice to the warden or physician 
 whenever any convict shall complain of such illness as to require 
 medical aid. 
 
 Each overseer shall have a certain number of prisoners assigned 
 to his care. 
 
 He shall make a daily report to the warden of the health and 
 conduct of the prisoners, and a like report to the inspectors when 
 required. 
 
 No overseer shall be present when the warden or the inspectors 
 visit the prisoners under his particular care, unless thereto required by 
 the warden or inspectors. 
 
 The overseers shall obey all legal orders given by the warden, and 
 all rules established by the board of inspectors, for the government of 
 the prison. 
 
 All orders to the overseers must be given through or by the 
 warden. 
 
 The overseers shall not be absent themselves from the prison, 
 without permission from the warden. 
 
 No overseer shall receive from any one confined in the Peniten¬ 
 tiary, or from any one in behalf of such prisoner, any emolument or 
 reward whatever, or the promise of any, either for services or supplies, 
 or as a gratuity, under the penalty of one hundred dollars and 
 imprisonment for thirty days in the county jail; and when any 
 breach of this article shall come to the knowledge of the warden 
 or inspectors, the overseer or overseers so offending shall be imme¬ 
 diately discharged from his office, and prosecuted for the said offence 
 according to law. 
 
 7 
 
46 
 
 No overseer who shall have been discharged for any offence what¬ 
 ever, shall again be employed. 
 
 ARTICLE IV. 
 
 Of the Duties of the Physician. 
 
 The physician shall visit every prisoner in the prison twice in 
 every week, and oftener, if the state of their health require it, and 
 shall report once in every month to the inspectors. 
 
 He shall attend immediately on notice from the warden that any 
 person is sick. 
 
 He shall examine every prisoner that shall be brought into the 
 Penitentiary, before he shall be confined in his cell. 
 
 Whenever, in the opinion of the physician, any convict in the 
 Penitentiary is so ill as to require removal, the warden shall direct 
 such removal to the infirmary of the institution, and the prisoner shall 
 be kept in the infirmary until the physician shall certify that he may 
 be removed without injury to his health, and he shall then be removed 
 to his cell. 
 
 He shall visit the patients in the infirmary at least once in every 
 day, and he shall give such directions for the health and cleanliness 
 of the prisoners, and, when necessary, as to the alteration of their 
 diet, as he may deem expedient, which the warden shall have executed : 
 Provided , They shall not be contrary to the provisions of this law, or 
 inconsistent with the safe custody of the. said prisoners; and the 
 directions he may give, whether complied with or not, shall be entered 
 on the journal of the warden, and on his own. 
 
 The physician shall inquire into the mental as well as the bodily 
 state of every prisoner, and when he shall have reason to believe that 
 the mind or body is materially affected by the discipline, treatment, 
 or diet, he shall inform the warden thereof, and shall enter his obser¬ 
 vation on the journal hereinafter directed to be kept, which shall be an 
 authority for the warden for altering the discipline, treatment, or diet 
 of any prisoner, until the next meeting of the inspectors, who shall 
 inquire into the case, and make orders accordingly. 
 
 The physician shall keep a journal, in which, opposite to the name 
 of each prisoner, shall be entered the state of his health, and if sick, 
 whether in the infirmary or not, together with such remarks as he may 
 deem important, which journal shall be open to the inspection of the 
 warden and the inspectors, and the same, together with the return 
 provided for in the first article in this section, shall be laid before the 
 inspectors once in every month, or oftener if called for. 
 
47 
 
 * 
 
 The prisoners under the care of the physician, shall be allowed 
 such diet as he shall direct. 
 
 No prisoner shall be discharged while labouring under a danger¬ 
 ous disease, although entitled to his discharge, unless by his own 
 desire. 
 
 The infirmary shall have a suitable partition between every bed, 
 and no two patients shall occupy the same bed ; and the physician and 
 his attendants shall take every precaution in their power to prevent all 
 intercourse between the convicts while in the infirmary. 
 
 ARTICLE V. 
 
 Of the Treatment of the Prisoners in the Penitentiary. 
 
 OF THE RECEPTION OF THE CONVICTS. 
 
 Every convict sentenced to imprisonment in the Penitentiary, 
 shall, immediately after the sentence shall have been finally pro- 
 nouced, be conveyed, by the sheriff of the county in which he was 
 condemned, to the Penitentiary. 
 
 On the arrival of a convict, immediate notice shall be given to 
 the physician, who shall examine the state of his or her health; he or 
 she shall then be stripped of his or her clothes, and clothed in the 
 uniform of the prison, in the manner hereinafter provided, being first 
 bathed and cleaned. 
 
 He or she shall then be examined by the clerk and the warden, 
 in the presence of as many of the overseers as can conveniently attend, 
 in order to their becoming acquainted with his or her person and 
 countenance, and his or her name, height, apparent and alleged age, 
 place of nativity, trade, complexion, colour of hair and eyes, and 
 length of his or her feet, to be accurately measured, shall be entered in 
 a book provided for that purpose, together with such other natural or 
 accidental marks, or peculiarity of feature or appearance, as may serve 
 ,to identify him or her, and if the convict can write, his or her signa¬ 
 ture shall be written under the said description of his or her person. 
 
 All the effects on the person of the convict, as well as his clothes, 
 shall be taken from him or her, and specially mentioned and preserved 
 under the care of the warden, to be restored to him or her on his or 
 her discharge. 
 
 If the convict is not in such ill health as to require being sent to 
 the infirmary, he or she shall then be conducted to the cell assigned to 
 him or her, numerically designated, by which he or she shall thereafter 
 be known during his or her confinement. 
 
48 
 
 ARTICLE VI. 
 
 Of the Clothing and Diet of the Convicts. 
 
 The uniform of the prison for males shall be a jacket and trowsers 
 of cloth or other warm stuff for the winter, and lighter materials for the 
 summer, the form and colour shall be determined by the inspectors, 
 and two changes of linen shall be furnished to each prisoner every 
 week. 
 
 No prisoner is to receive any thing but the prison allowance. 
 
 No tobacco in any form shall be used by the convicts, and any one 
 who shall supply them with it, or with wine or spirituous or intoxicat¬ 
 ing fermented liquor, unless by order of the physician, shall be fined 
 ten dollars, and if an officer, be dismissed. 
 
 ARTICLE VII. 
 
 Of Visitors. 
 
 No person who is not an official visitor of the prisons, or who has 
 not a written permission according to such rules as the inspector may 
 adopt as aforesaid, shall be allowed to visit the same; the official visitors 
 are the Governor, Speaker and members of the Senate, the Speaker and 
 members of the House of Representatives, the Secretary of the Com¬ 
 monwealth, the Judges of the Supreme Court, the Attorney-General 
 and his Deputies, the President and Associate Judges of all the Courts 
 in 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 
 the Alleviation of the Miseries of Public Prisons. 
 
 None but the official visitors can have any communication with 
 the convicts, nor shall any visitor whatever be permitted to deliver to 
 or receive from.any of the convicts, any letter or message whatever, or 
 to supply them with any article of any kind under the penalty of one 
 hundred dollars fine, to be recovered as hereinbefore provided for other v 
 fines imposed by this act. 
 
 Any visitor who shall discover any abuse, infraction of law, or 
 oppression, shall immediately make the same known to the board of 
 inspectors of the commonwealth, if the inspectors or either of them are 
 implicated. 
 
 ARTICLE VIII. 
 
 Of the Discharge of the Convicts. 
 
 Whenever a convict shall be discharged by the expiration of the 
 term for which he or she was condemned, or by pardon, he or she shall 
 
49 
 
 take off the prison uniform, and have the clothes which he or she 
 brought to the prison restored to him or her, together with the other 
 property, if any, that was taken from him or her on his or her com¬ 
 mitment, that has not been otherwise disposed of. 
 
 When a prisoner is to be discharged, it shall be the duty of the 
 warden to obtain from him or her, as far as is practicable, his or her 
 former history; what means of literary, moral or religious instruction 
 he or she enjoyed; what early temptations to crime by wicked associa¬ 
 tions or otherwise he or she was exposed to; his or her general habits, 
 predominant passions, and prevailing vices, and in what part of the 
 country he or she purposes to fix his or her residence; all which shall 
 be entered by the clerk in a book to be kept for that purpose, together 
 with his or her name, age, and time of discharge. 
 
 If the inspectors and warden have been satisfied with the morality, 
 industry, and order of his conduct, they shall give him a certificate to 
 that effect, and shall furnish the discharged convict with four dollars 
 to be paid by the state, whereby the temptation immediately to commit 
 offences against society, before employment can be obtained, may be 
 obviated. 
 
 ARTICLE IX. 
 
 Duties of the Religious Instructor. 
 
 It shall be the duty of the instructor to attend to the moral and 
 religious instruction of the convicts, in such manner as to make their 
 confinement, as far as possible, the means of their reformation, so that 
 when restored to their liberty, they may prove honest, industrious and 
 useful members of society; and the inspectors and officers are enjoined 
 to give every facility to the Instructor, in such measures as he may 
 think necessary to produce so desirable a result, not inconsistent with 
 the rules and discipline of the prison. 
 
 Section 9. And be it further enacted by the authority aforesaid , 
 That the expenses of maintaining* and keeping the convicts in the said 
 Eastern and Western Penitentiaries, shall be borne by the respective 
 counties in which they shall be convicted, and the said expense shall 
 be paid to the said inspectors by orders, to be drawn by them on the 
 Treasurers of the said counties, who shall accept and pay the same : 
 Pt'ovided , That the said orders shall not be presented to the said 
 Treasurers before the first Monday of May in each and every year : 
 And provided , also , That the said Inspectors shall annually, on or 
 before the first Monday of February, transmit, by the public mail, to 
 
 * Repealed—Act of 1833. 
 
 
 1 
 
50 
 
 the commissioners of such of the counties as may have become indebted 
 for convicts confined in said penitentiaries, an account of the expense 
 of keeping and maintaining said convicts, which account shall be 
 signed by the said Inspectors, and be sworn or affirmed to by them, 
 and attested by the Clerk; and it shall be the duty of the said Com¬ 
 missioners, immediately on receipt of said accounts, to give notice to 
 the Treasurers of their respective counties of the amount of said 
 accounts, with instructions to collect and retain moneys for the pay¬ 
 ment of said orders when presented; and all salaries of the officers of 
 the said Penitentiaries shall be paid by the State, and it shall be the 
 duty of the Inspectors to transmit to the Auditor-General the names 
 of the persons by them appointed, and the salaries agreed to be paid 
 to each of them under the provisions of this act, which sums shall be 
 paid in the usual manner, by warrants drawn by the Governor upon 
 the Treasurer of the Commonwealth. 
 
 Section io. And be it further enacted by the authority aforesaid\ 
 That the several Acts of Assembly of this Commonwealth, and such 
 parts thereof, so far as the same are altered or supplied by this act, 
 be and the same are hereby repealed, from and after the first day of 
 July next: Provided , That the repeal thereof shall in no wise affect 
 any indictment, trial, sentence or punishment of any of the said 
 herein-mentioned crimes or offences which have been or shall be com¬ 
 mitted before this act shall come into operation. 
 
 Section i i . And be it further enacted by the authority aforesaid , 
 That the Governor be and he is hereby authorised and required to 
 issue his warrant to the State Treasurer, in favor of the Inspectors of 
 the Western Penitentiary, for the sum of three thousand dollars, to be 
 applied by said Inspectors to such alteration of the interior of said 
 Penitentiary, as in their opinion will best adapt the same to the pro¬ 
 visions of this act. 
 
 Section 12. And be itfw'ther enacted by the authority aforesaid , 
 That, for the purpose of finishing the Eastern Penitentiary, introducing 
 a supply of water from Fairmount Water Works, and procuring the 
 necessary furniture and fixtures for the accommodation and reception 
 of the prisoners, the sum of five thousand dollars be and it is hereby 
 appropriated for the said purposes, and the Commissioners appointed 
 to superintend the erection of the State Penitentiary for the Eastern 
 District of Pennsylvania, are directed to carry the same into effect, 
 and to draw the sum hereby authorized from the State Treasury, in 
 the same manner as is by law provided. 
 
 Section 13. And be it further enacted by the authority aforesaid, 
 That the Board of Inspectors of the Eastern Penitentiary, who shall 
 
 » 
 
5i 
 
 be appointed as is hereinbefore provided, be and they hereby are 
 authorised to draw from the State Treasury, upon warrants drawn in 
 the usual manner, any sums of money which shall not together amount 
 to more than one thousand dollars, to enable said Inspectors to sup¬ 
 port and employ of the prisoners who may be committed to said Peni¬ 
 tentiary, until so much of such sums of money as may become payable 
 by the several counties from which convicts may be removed to said 
 prison, shall be received by said Board as will enable them to manage 
 the affairs of said prison without such aid, which sum so advanced by 
 the State, shall be repaid to the State Treasury by the said board as 
 soon as the funds of said prison will enable said Board to make such 
 repayment. 
 
 Under the foregoing Act the Commissioners pro¬ 
 ceeded to discharge the duties delegated to them, as will 
 be hereinafter stated. 
 
 The building having been commenced, the following 
 Act was passed, by which the remaining blocks and cells 
 necessary were directed to be constructed by the Inspec¬ 
 tors of the Penitentiary. 
 
 AN ACT 
 
 To enlarge the Buildings of the State Penitentiary for the Eastern District, and for other purposes. 
 
 Section i. Be it enacted by the Senate and House of Representa¬ 
 tives of the Commonwealth of Pennsylvania, in General Assembly met, 
 and it is hereby enacted by the authority of the sa?ne, That the Inspectors 
 of the State Penitentiary for the Eastern District in the County of 
 Philadelphia be authorized and required, and they hereby are autho¬ 
 rized and required to construct and erect within the outer walls of 
 said Penitentiary upon such a plan as they may deem most expedient, 
 buildings which shall contain at least four hundred cells, suitable for 
 the confinement of convicted criminals, in solitary imprisonment, at 
 labor; and to enable them the more effectually to perform the duties 
 now enjoined, all the rights, powers and privileges heretofore given to 
 the Commissioners for building said Penitentiary, are hereby transferred 
 to and vested in the said Inspectors: Provided, however, That nothing 
 herein contained shall divest the said Board of Commissioners of any 
 right or power that it may be necessary for them to retain, in order to 
 
52 
 
 arrange and settle any of their former engagements and transactions 
 as to real estate or otherwise, and they are hereby authorized and 
 directed, after the final settlement of their accounts, to pay over any 
 balance that may remain in their hands to the Board of Inspectors of 
 the Eastern State Penitentiary, to be applied to the erection and 
 furnishing of cells hereby directed to be built. 
 
 Section 2. And be it further enacted by the authority aforesaid, 
 That, for the purpose of defraying the expense of erecting said build¬ 
 ings, the County Commissioners of the county of Philadelphia be, 
 and they hereby are authorized to loan, out of the county funds 
 of said county, to the aforesaid Inspectors, one hundred and twenty 
 thousand dollars, in such sums and at such times as the said Inspectors 
 may require the same for the purpose aforesaid; for the amount of 
 which said sums of money loaned, as aforesaid, certificates of State 
 stock, in proper form, shall be issued to the County Commissioners of 
 the county of Philadelphia, for the use of the said county; which said 
 stock shall be transferable in the same manner as other State stock, 
 and from and after the first day of January, one thousand eight hun¬ 
 dred and thirty-four, and not before, shall bear an interest of five per 
 cent, per annum, payable half-yearly, and be redeemable thirty years 
 after the passage of this act; and the said County Commissioners are 
 hereby authorized to raise the aforesaid sum of one hundred and 
 twenty thousand dollars, by loan, in any mode or manner in which 
 money for the ordinary purposes and expenses of said county, may by 
 law be raised or obtained. 
 
 Section 3. And be it further e7iacted by the authority aforesaid , 
 That every person who shall be convicted, in any court in the Eastern 
 District of this commonwealth, of any crime committed after the first 
 day of May next, whose punishment, under the present existing laws, 
 would be imprisonment in the gaol and Penitentiary house of Phila¬ 
 delphia for one year, or any term exceeding one year, shall be sen¬ 
 tenced, by the proper court, to suffer punishment by separate or 
 solitary confinement at labour in the State Penitentiary for the 
 Eastern District, for such times respectively, as the provisions of the 
 aforesaid laws now authorize and direct such convicted criminals to 
 be sentenced to be confined in the aforesaid gaol and Penitentiary 
 house of Philadelphia; and the persons so sentenced as aforesaid, 
 while confined in the said State Penitentiary, shall be treated in all 
 respects in the manner which the act entitled “A further supplement 
 to an act entitled an act to reform the Penal Laws of this Common¬ 
 wealth,” approved the twenty-third day of April, one thousand eight 
 hundred and twenty-nine, directs that persons convicted under the 
 
53 
 
 provisions thereof, shall be treated during their imprisonment in the 
 said State Penitentiary. 
 
 Section 4. And be it further enacted by the authority aforesaid , 
 That every person who shall be convicted, in any court in the Eastern 
 District of this Commonwealth, of any crime committed after the first 
 day of May next, whose punishment, under the present existing laws, 
 would be imprisonment in the gaol and Penitentiary house of Phila¬ 
 delphia for any term less than one year, shall be sentenced by the 
 proper court to receive his or her punishment in the county gaol of 
 the proper county. 
 
 Section 5. And be it further enacted by the authority aforesaid , 
 That criminals sentenced as directed in and by the third section of 
 this Act, shall be removed to the aforesaid State Penitentiary at the 
 expense of the proper county; subject, nevertheless, to be detained 
 and confined in the gaol and Penitentiary house of Philadelphia, until 
 a sufficient number of cells shall be finished in the said State Peniten¬ 
 tiary, to enable the Inspectors thereof conveniently to receive the said 
 criminals. 
 
 Section 6. And be it further enacted by the authority aforesaid , 
 That the Inspectors of the gaol and Penitentiary, on the first Monday 
 in April, one thousand eight hundred and thirty-three, or as soon 
 thereafter as conveniently may be, shall remove all the convicted 
 criminals who may then remain in the said gaol and Penitentiary, to 
 the aforesaid State Penitentiary for the Eastern District, there to be 
 imprisoned, kept and punished, according to law and their several 
 sentences, until duly discharged: Provided , The said State Peniten¬ 
 tiary shall be prepared for the reception of said prisoners, as herein¬ 
 before provided for.— Approved March 28, 1831. 
 
 EXTRACTS OF MINUTES OF COMMISSIONERS TO BUILD PENITEN¬ 
 TIARY AT PHILADELPHIA. 
 
 The Commissioners organized April 6, 1821, and 
 proceeded to the performance of the duties assigned 
 them. Two of the persons named in the act declined to 
 serve, and the Governor, by a commission under the seal 
 of the Commonwealth, filled the vacancies, and on the 
 12th day of December, 1821, at a meeting of the Com¬ 
 missioners, Roberts Vaux took his seat in the place of 
 
 8 
 
54 
 
 Thomas Wistar, and Coleman Sellers in the place of 
 Samuel P. Griffitts, both of whom declined acting. 
 
 At a meeting of the commissioners for the erection 
 of a State Penitentiary, held at the Prison of the City and 
 
 • 
 
 County of Philadelphia, April 6, 1821. Present—Peter 
 Miercken, John Bacon, George A. Baker, Samuel R. 
 Wood, Daniel H. Miller, James Thackara, Caleb Car- 
 mault, Thomas Bradford, Jr. and Thomas Sparks. 
 
 Thomas Wistar and Dr. S. P. Griffitts absent; James 
 Thackara was appointed Chairman, and Thomas Brad¬ 
 ford, Jr., Secretary. 
 
 At a meeting held June 1, 1821, the committee 
 appointed to report as to the selection of a clerk, 
 reported that “Nicholas Tillinghast would serve as clerk 
 for one dollar and fifty cents for each and every meeting 
 of the Board.” 
 
 At the meeting of the commissioners held June 22, 
 1821, they regularly organized by electing Peter Miercken, 
 President; John Bacon, Treasurer, and Samuel R. Wood, 
 Secretary. 
 
 At the meeting of the Board held July 3, 1821, the 
 committee appointed to select a site for the Penitentiary, 
 reported that B. & J. Warner had refused $11,000 for 
 their property,—the ground now occupied by the Peni¬ 
 tentiary—but had agreed to sell for $11,500, provided 
 the Board would relinquish any claim to the following 
 property on the premises, viz.: Trees, shrubbery and 
 fences; two small hay houses or stables and the hay 
 barrack ; the mantle and fire places in the mansion house ; 
 the copper boiler and stone troughs in the milk house, 
 and the crops in the ground. The Board authorized the 
 
55 
 
 committee to accept the proposition and conclude the 
 contract, if possession was given immediately. The Board 
 proceeded to open the plans for the Penitentiary, in pur¬ 
 suance of the resolution of the Board of May i, 1821. 
 The architects who submitted plans were as follows: 
 Charles Loss, Jr., of New York ; William Strickland, John 
 Haviland and Samuel Webb, of Philadelphia. The plan 
 submitted by John Haviland was selected. 
 
 At a meeting held September 25, 1821, the President 
 nominated the following members as the Building Com¬ 
 mittee, viz.: Messrs. Bacon, Wood, Miller, Baker and 
 Sparks. 
 
 At a meeting of the Board held October 16, 1821, a 
 communication from the Board was addressed to His 
 Excellency, Joseph Hiester, Governor of Pennsylvania, 
 reporting on the action of the Board since its organiza¬ 
 tion ; and that the commissioners had purchased of B. & 
 J. Warner their property on Francis’ Lane. 
 
 The whole plot purchased for the site was ten acres 
 and nineteen perches.* 
 
 At a meeting of the Board held October 30, 1821, 
 communications resigning their positions were received, 
 from Thomas Wistar and Dr. Samuel Powell Griffitts, 
 read, and laid on the table. 
 
 At a meeting of the Board held December 12, 1821, 
 Roberts Vaux and Coleman Sellers attended with a com¬ 
 mission from the Governor, Joseph Hiester, appointing 
 them commissioners in the places of Thomas Wistar and 
 Dr. S. P. Griffitts, resigned. 
 
 * The name “ Cherry Hill,” sometimes given to the Penitentiary, was taken from the number 
 of fine cherry trees which grew on the “ hill ” of the farm purchased of the Messrs. Warner. 
 
56 
 
 The remaining minutes contain only the proceed¬ 
 ings of the commissioners. 
 
 The last minute of the Board is of its meeting held 
 March 29, 1825. The records of the subsequent meet¬ 
 ings have been mislaid, and not yet found. 
 
 As many of these meetings of the commissioners 
 were held at the old Walnut Street Prison, the minutes 
 may have been lost in removing from that prison before 
 it was demolished. 
 
 • DESCRIPTION OF THE PENITENTIARY, 
 
 BY GEORGE W. SMITH, 1 823. 
 
 The Eastern State Penitentiary is situated on one of the most 
 elevated, airy, and healthy sites in the vicinity of Philadelphia. Large 
 sums have been expended for the purpose of giving an unusual degree 
 of solidity and durability to every part of this immense structure, 
 which is the most extensive building in the United States. The ground 
 occupied by it, contains about io acres. The material with which the 
 edifices are built, is a greyish granite, or gneiss, employed in large 
 masses; every room is vaulted and fire-proof.—The design and execu¬ 
 tion impart a grave, severe, and awful character to the external aspect of 
 this building. The effect which it produces on the imagination of every 
 passing spectator, is peculiarly impressive, solemn, and instructive. 
 The architecture is in keeping with the design. The broad masses, 
 the small and well proportioned apertures, the continuity of lines, and 
 the bold and expressive simplicity which characterize the features of 
 the facade, are most happily and judiciously combined. The origi¬ 
 nality of the plan, the excellent arrangement and execution of the 
 details, display the taste and ingenuity of the architect, to whom our 
 country is indebted for some of her noblest edifices—our fellow citizen, 
 Mr. John Haviland. 
 
 This Penitentiary is the only edifice in this country which is cal¬ 
 culated to convey to our citizens the external appearance of those 
 magnificent and picturesque castles of the middle ages, which contribute 
 so eminently to embellish the scenery of Europe. 
 
 A reference to the accompanying view and plan will render only 
 a brief description necessary. The front of this building is composed 
 of large blocks of hewn and squared granite; the walls are 12 feet 
 
 
57 
 
 thick at the base, and diminish to the top, where they are 2^ feet in 
 thickness. A wall of thirty feet in height above the interior platform, 
 encloses an area 640 feet square: at each angle of the wall is a tower 
 for the purpose of overlooking the establishment; three other towers, 
 which will be presently described are situated near the gate of entrance. 
 The facade or principal front, which is represented in the accompany¬ 
 ing view, is 670 feet in length, and reposes on a terrace, which, from 
 the inequalities of the ground, varies from 3 to 9 feet in height; the 
 basement or belting course, which is 10 feet high, is scarped, and ex¬ 
 tends uniformly the whole length. The central building is 200 feet in 
 length, consists of two projecting massive square towers 50 feet high, 
 crowned by projecting embattled parapets, supported by pointed arches 
 resting on corbels or brackets. The pointed mullioned windows in 
 these towers contribute in a high degree to their picturesque effect. 
 The curtain between the towers is 41 feet high, and is finished with a 
 parapet and embrasures. The pointed windows in it are very lofty and 
 narrow. The great gateway in the centre is a very conspicuous feature; 
 it is 27 feet high, and 15 wide, and is filled by a massive wrought iron 
 portcullis, and double oaken gates studded with projecting iron rivets, 
 the whole weighing several tons ; nevertheless they can be opened with 
 the greatest facility. On each side of this entrance, (which is the 
 most imposing in the United States,) are enormous solid buttresses 
 diminishing in offsets, and terminating in pinnacles. A lofty octangular 
 tower, 80 feet high, containing an alarm bell and clock, surmounts 
 this entrance, and forms a picturesque proportional centre. On each 
 side of this main building (which contains the apartments of the war¬ 
 den, keepers, domestics, &c.,) are screen wing walls, which appear to 
 constitute portions of the main edifice; they are pierced with small 
 blank pointed windows, and are surmounted by a parapet; at their ex¬ 
 tremities are high octangular towers terminating in parapets pierced by 
 embrasures. In the centre of the great court yard is an observatory, 
 whence long corridors, 8 in number, radiate : (three only of these 
 corridors, &c., are at present finished.) On each side of these corridors, 
 the cells are situated, each at right angles to them, and communicating 
 with them only by small openings for the purpose of supplying the 
 prisoner with food, &c., and for the purpose of inspecting his move¬ 
 ments without attracting his attention; other apertures, for the 
 admission of cool or heated air, and for the purpose of ventilation, are 
 provided. 
 
 Among the advocates of this system in Europe, we may refer to 
 Howard, Paul, Eden, Mansfield, Blackstone, Paley, Liancourt, Villerme, 
 &c., and in this country, to the venerable Bishop White, whose whole 
 life has been but one prolonged illustration of that religion which he 
 
53 
 
 professes, Dr. Rush, Bradford, Vaux, Wood, Sergeant, Livingston, 
 and many of our most eminent citizens. The intrinsic and obvious 
 excellence of the plan afforded a powerful argument for its adoption up¬ 
 wards of 40 years since. The partial experience of its merits has been 
 beneficially experienced in our State and other parts of the Union 
 notwithstanding the numerous disadvantages which have heretofore 
 attended the trial. The only failures which have occurred in other 
 States, are unquestionably attributable to the absurd and culpable man¬ 
 ner in which the process has sometimes been conducted. The experience 
 of several of the European states, as well as of our own commonwealth, 
 incontestably proves that this system of Prison discipline is the most 
 efficient which the wisdom of philanthropists has heretofore devised ; 
 that, when administered in a proper manner, the reformation of the 
 great majority of criminals is practicable ; that no injury to the health, 
 mental or bodily, of the convicts, occurs ; that the severity is sufficient, 
 not only to operate on the inmates of the prison, but to deter others 
 by the example of their sufferings; and finally, that as a means of pre¬ 
 venting crimes, it is in fact the most economical. A superficial view 
 of this subject has too frequently led to erroneous conclusions in some 
 of our sister States. 
 
 As “the Pennsylvania system of Prison Discipline” effects, not in¬ 
 deed the extirpation, but the prevention and diminution of crime, to 
 an unknown and unrivalled extent—the dictates of mere economy, 
 of sordid self-interest, as well as of patriotism, humanity, and general 
 religion, cry aloud for its general adoption. The prime cost of an 
 efficient labour saving machine is never considered by the intelligent 
 and wealthy capitalist as a wasteful expenditure, but as a productive in¬ 
 vestment. This Penitentiary will be, strictly speaking, an apparatus 
 for the expeditious, certain, and economical eradication of vice, and 
 the production of reformation. The State of Pennsylvania has exhibited 
 at once, her wisdom, philanthropy, and munificence, by the erection 
 of this immense and expensive structure, which, in connection with 
 her other noble institutions, will largely contribute to the amelioration 
 and protection of her population. 
 
 The Corner Stone of the front building of the Penitentiary was 
 laid on the 2 2d day of May, 1823, in the presence of the Commissioners, 
 Architect, Superintendent, and workmen. On this interesting occa¬ 
 sion, Mr. Roberts Vaux said, that he much regretted the unavoidable 
 absence of the President of the Board, in whose place he had just then 
 been unexpectedly desired to say a few words concerning the purpose 
 for which the Commissioners were assembled. 
 
 He remarked that the occasion was calculated to awaken reflec¬ 
 tions at once painful and gratifying. Painful , because such was the 
 
59 
 
 erring character of man, so ungovernable were his passions, and so 
 numerous his propensities to evil, that it was necessary society should 
 provide means for the punishment of offenders against its laws. Grati¬ 
 fying, because a correct view of human nature, coupled with the indis¬ 
 pensable exercise of Christian benevolence, had led to the meliora¬ 
 tion of punishments. Justice , was now mixed with Mercy , and whilst 
 the community designed to teach offenders that the way of the trans¬ 
 gressor is hard, it wisely and compassionately sought to secure and 
 reform the criminal by the most strict solitary confinement. The 
 Penitentiary now to be erected, was designed to accomplish these im¬ 
 portant ends, and when it shall be completed, it will afford the first 
 opportunity of putting into efficient practice the penal code of this 
 State. Mr. Yaux congratulated his fellow citizens of Pennsylvania, 
 because their legislators were the first (almost forty years ago) to abolish 
 those cruel and vindictive penalties which are in use in the European 
 countries from which we had descended. The Pillory, the Whipping 
 Post, and the Chain, were not calculated to prevent crime, but to 
 familiarize the mind with cruelty, and consequently to harden the 
 hearts of those who suffered, and those who witnessed such punish¬ 
 ments. The substitution in Pennsylvania of milder correctives had 
 excited the notice and respect of nations abroad, as well as of our 
 sister States—our example had in some instances been followed, and he 
 had no doubt the principle would more extensively prevail. 
 
 The box deposited in the corner stone, which you have seen laid, 
 contains a plan and elevation of the prison, and a metal plate bearing 
 the following inscription: 
 
 PENITENTIARY 
 
 For the Eastern District of the State of Pennsylvania. 
 
 FOUNDED, 
 
 AGREEABLY TO AN ACT OF ASSEMBLY 
 
 Passed on the 20th day of March, in the year of our Lord one thousand eight hundred and twenty-one. 
 
 JOSEPH HIESTER, ANDREW GREGG, 
 
 Governor. Secretary of the Commonwealth. 
 
 Under the direction of the following named gentlemen : 
 
 COMMISSIONERS. f 
 
 Thomas Sparkes, Samuel R. Wood, Daniel H. Miller, Caleb Carmalt, 
 
 John Bacon, Coleman Sellers, William Davidson, Geo. N. Baker. 
 
 Roberts Vaux, James Thackara, Thomas Bradford, Jr. 
 
 John Haviland, Jacob Souder, 
 
 Architect. Superhitendent of Masonry. 
 
6 o 
 
 It only remains for us, said Mr. Vaux in conclusion, to express 
 our ardent desire, that this institution may fully answer the important 
 purposes for which it was founded. 
 
 THOMAS m’ELWEE’s DESCRIPTION OF THE PENITENTIARY, 1835. 
 
 (Report to the Legislature .) 
 
 The Walnut Street Prison was commenced in 1773, finished in 
 1774. It contained 16 cells for solitary confinement—they were only 
 used in emergency. The evils of permitting convicts to work and lodge 
 in companies, with unrestrained intercourse with each other, were 
 manifested at an early day to the discerning and the philanthropist. 
 
 In 1801 a memorial was presented to the Legislature by the 
 “ Philadelphia Society for Alleviating the Miseries of Public Prisons,” 
 dated, Philadelphia, 12 mo., 1801, signed Wm. White, President, re¬ 
 questing the Legislature to devise means “to separate the convicts from 
 all other descriptions of prisoners;” and two years afterwards, the same 
 Society requested the Legislature “to adopt the mode of punishing 
 criminals by solitary confinement at hard labour. ” In 1818, the Society 
 presented another petition, in which they request the Legislature “to 
 consider the propriety and expediency of erecting penitentiaries in 
 suitable parts of the State, for the more effectual employment and sepa¬ 
 ration of the prisoners, and of proving the efficacy of solitude on the 
 morals of those unhappy objects. 
 
 The chief object of the Society appears to be, to lessen the com¬ 
 mission of crime, by inflicting the punishment of privation, solitude 
 and labour for a certain time for a specified offence, not as a mere 
 matter of restraint, but strictly as a punishment. 
 
 In 1821, another memorial was laid before the Legislature, signed 
 by Wm. White, Roberts Yaux, and other eminent men, who have la¬ 
 boured unceasingly to promote the happiness of their fellow beings. 
 This petition was successful. The Legislature, by act of March 20, 
 1821, authorized the construction of the Eastern Penitentiary on the 
 principle of “separate and solitary confinement at labour,” with an 
 appropriation of $100,000, and the proceeds of the sales of certain lots 
 of ground, situate in the city and county of Philadelphia; and the 
 interest of the Commonwealth in the Arch Street Prison was vested in 
 the Commissioners, on condition of securing to the State the payment 
 of $50,000 out of the proceeds of the sale of that building and the lots 
 on which it is situated. 
 
 A lot containing 13 acres situate on Cherry Hill, two miles N. W. 
 of the Court House, was purchased and appropriated for this important 
 purpose. 
 
6i 
 
 The corner stone of the front building was laid on the 2 2d day 
 of May, 1823, in the presence of the Commissioners, Architect, 
 Superintendent, and workmen; Roberts Vaux presiding over the 
 ceremonies. 
 
 A box was deposited in the corner stone, containing a plan and 
 elevation of the prison, and a metal plate bearing the following 
 inscription: [See the copy of inscription printed on page 59.] 
 
 Thus was laid the foundation of the Eastern Penitentiary of 
 Pennsylvania. 
 
 The Eastern State Penitentiary is situated on one of the most 
 elevated, airy, and healthy sites in the vicinity of Philadelphia. Large 
 sums have been expended for the purpose of giving an unusual degree 
 of solidity and durability to every part of this immense structure, 
 which is the most extensive building in the United States. The 
 ground occupied by it contains about ten acres. The material 
 with which the edifices are built, is a greyish granite or gneiss, 
 employed in large masses; every room is vaulted and fire proof. 
 The design and execution impart a grave, severe, and awful char¬ 
 acter to the external aspect of this building. The effect which it 
 produces on the imagination of every passing spectator, is pecu¬ 
 liarly impressive, solemn, and instructive. The architecture is in 
 keeping with the design. The broad masses, the small and well 
 proportioned apertures, the continuity of lines, and the bold and 
 expressive simplicity which characterize the features of the facade, 
 are most happily and judiciously combined. The originality of the 
 plan, the excellent arrangement and execution of the details, display 
 the taste and ingenuity of the architect, who has planned some of the 
 
 noblest edifices of our country. 
 
 «)/ *)/ »1/ •!/ 
 
 /{» /Jx /Jh »f» ^ 'J' 'j* 
 
 In the centre of the great court-yard is an observatory, whence 
 long corridors, seven in number, radiate. On each side of those 
 corridors, the cells are situated, each at right angles to them, and 
 communicating with them only by small openings, for the purpose of 
 supplying the prisoner with food, and inspecting his movements 
 without attracting his attention; other apertures for the admission of 
 cool or heated air, and for the purpose of ventilation, are provided. 
 The privy pipes carry off the impurities of the cell to a common-sewer. 
 Originally there was a defect in the construction of those pipes, which 
 admitted communication between the prisoners, endangering the ex¬ 
 istence of the institution. This defect is I understand removed. The 
 cells are warmed by heated air, conducted by flues through the whole 
 range. Light is admitted by a large circular glass in the crown of the 
 
 9 
 
62 
 
 arch, which is raking, and the highest part sixteen feet six inches above 
 the floor, which is of wood, overlaying a solid foundation of stone. 
 The walls are plastered and white washed ; the cells are eleven feet 
 nine inches long, and seven feet six inches wide. At the extremity 
 of the cell, opposite to the apertures for inspection, &c., previously 
 mentioned, is the doorway containing two doors; one a lattice work 
 or iron grating, to admit the air, and secure the prisoner; the other 
 composed of planks to exclude the air if required. This door 
 leads to a yard attached to each cell on the ground floor, eighteen 
 feet by eight, the walls of which are eleven and a half feet high. 
 In the second story each prisoner is allowed an additional cell or 
 bed-room. Each cell is furnished with a bedstead, clothes rail, seat, 
 shelf, tin cup, wash basin, victuals pan, looking glass, combs, scrub¬ 
 bing brush and sweeping brush, straw mattrass, and one sheet, one 
 blanket and one coverlet. 
 
 The bedstead or bunk is so constructed that the prisoner can rear 
 it against the wall and fasten it with a staple, which gives him more 
 room in the cell. Each cell is provided with water by means of a stop¬ 
 cock. The bedstead now in use is constructed of wood. The iron 
 bedstead and hammock were found inexpedient. There were three 
 hundred and eleven cells completed on the first day of January, 1835; 
 all the rest are nearly fitted for the reception of prisoners. The edifice 
 is calculated to contain in all about six hundred and fifty convicts. 
 The three blocks first constructed are one story; the other four are two 
 stories each. 
 
 The close approximation of the level of the edifice to the surface 
 of the public reservoirs at Fairmount, has produced some difficulty in 
 obtaining an ample supply of water. That difficulty has been removed 
 by the following contrivance. A well of thirty feet in diameter, and 
 about twenty-five feet in depth from the surface of the ground, is duly 
 and securely walled up and arched over with bricks; contiguous to 
 this well a building of substantial masonry has been erected of forty 
 feet by thirty-four feet; an arched basement contains the furnaces and 
 boilers over which is placed a steam engine of six horse power, by 
 means of which the water will be drawn from the large well, and 
 forced into a reservoir, erected also of substantial masonry, north of 
 and adjoining the last mentioned building. This reservoir is about 
 forty feet in diameter and ten in height above the surface of the 
 ground, and contains about seventy-six thousand six hundred gallons 
 of water supplied by the Fairmount Water Works. From this reservoir 
 the lower stories of the cell buildings and the privy pipes belonging 
 thereto receive their supply of water. 
 
# 
 
 63 
 
 % 
 
 Over this reservoir is an apartment sufficiently capacious to 
 contain nine large cedar tanks or cisterns, filled with water from the 
 large well by the power of the engine. From these tanks the second 
 stories-of cells and privy pipes will receive their supply of water. 
 This contrivance, which is very excellent, will furnish an ample supply 
 of water to the whole establishment. 
 
 An apothecary’s shop is kept within the walls, under the super¬ 
 intendence of the Physician. One apartment is allotted to the 
 Inspectors, and one as a hospital. Within the walls is a garden 
 appropriated to the Warden and one to the domestics. 
 
 The food of the convicts is cooked by steam, but it is estimated 
 that the present apparatus has not the capacity to prepare food for 
 more than two hundred persons. 
 
 The cost of the building cannot be accurately ascertained, but 
 
 the following 
 Legislature : 
 
 sums are known 
 
 to have been 
 
 appropriated 
 
 by the 
 
 By Act of 20th March, 
 
 1821, . 
 
 . $100,000 
 
 00 
 
 a 
 
 15th March, 
 
 1824, . 
 
 80,000 
 
 00 
 
 6 C 
 
 1 st March, 
 
 1825, . . . 
 
 60,000 
 
 00 
 
 ( c 
 
 15 th March, 
 
 1826, . 
 
 89,124 
 
 °9 
 
 i l 
 
 9th April, 
 
 1827, . . . 
 
 1,000 
 
 00 
 
 a 
 
 14th April; 
 
 1828,. 
 
 4,000 
 
 00 
 
 a 
 
 23d April, 
 
 182*9, . 
 
 . . 5,000 
 
 00 
 
 i ( 
 
 3d April, 
 
 1830, . . . 
 
 . . 4,000 
 
 00 
 
 (( 
 
 28th March, 
 
 1831, . . . 
 
 120,000 
 
 00 
 
 ( c 
 
 27 th February, 
 
 1833,. . . 
 
 . . 130,000 
 
 00 
 
 (( 
 
 15 th April, 
 
 1834, . . . 
 
 20,000 
 
 00 
 
 n 
 
 14th April, 
 
 1835, . . . 
 
 60,000 
 
 00 
 
 City prison, city lots, 
 
 &c., 
 
 . . 99, 47 6 
 
 60 
 
 
 Total, . 
 
 
 . $772,600 69 
 
 Pennsylvania is indebted for the Penitentiary system to such 
 men as the Rt. Rev. Bishop Wm. White, R. Wells, B. Wynkoop, 
 T. Wistar, S. P. Griffitts, J. Kaighn, Wm. Rogers, C. Marshall, 
 T. Connelly, T. Cooper, C. Lowndes, B. Shaw, T. Harrison, 
 Wm. Lippincott, Geo. Duffield, Roberts Vaux, N. Collin, T. 
 Reed, &c.; men whose philanthropy know no bounds, whose 
 courage nothing could daunt, and whose industry in benevolence 
 knew no resting place. Those are the men who have devised a 
 system, and under whose auspices was commenced an institution, 
 which in the strong language uttered by an experienced man to 
 
 ) 
 
# 
 
 64 
 
 the writer, “ had it been rightly conducted it would have been im¬ 
 possible to find a fault with it.” 
 
 Richard Wistar led the way in alleviating the miseries of prisons 
 in Pennsylvania. This benevolent man, before the Revolutionary 
 War, was in the habit of causing wholesome soup, prepared at his 
 own dwelling, to be conveyed to the prisoners and distributed among 
 them. The jail was then situated at the southwest corner of Market 
 and Third streets. “ The Philadelphia Society for Assisting Distressed 
 Prisoners” was formed on the 7th of February, 1776—suspended in 
 1 7 7 7 by reason of the presence of the British army in Philadelphia, 
 and revived May 8th, 1787, under the name of “The Philadelphia 
 Society for Alleviating the Miseries of Public Prisons.” To the efforts 
 of this Society may be attributed the construction of the Eastern State 
 Penitentiary. 
 
 DESCRIPTION OF THE PENITENTIARY, 
 
 1872. 
 
 The front entrance of the Penitentiary is 16 feet 
 wide, 40 in height. It has two gates, an outer one on 
 Coates street, and an inside gate opening into the interior 
 grounds. These two gates are not allowed to be opened 
 at the same time, and when a vehicle passes in from the 
 street, the gate from the outside is closed and locked 
 before the inner gate leading to the premises is opened. 
 The same precaution is observed when the vehicle passes 
 out. The gatekeeper is always present in his room at the 
 western side of this entrance. The eastern portion of 
 the front buildings is for the Warden’s family, and the 
 Inspectors have their room on that side. The western 
 is for the Resident Physician and the Clerk’s office, and 
 any other purpose for which it may be needed. The 
 carriage and foot way to the centre building is 30 feet 
 wide, and on either side of it are large plots of ground, 
 with flowers and grass. 
 
Bird's- Eye View of the Penitentiary , taken from the Tower over the Main Entrance. 
 

 
 
 
 
 
 
 /• 
 
 T 
 
 
 / 
 
 
65 
 
 The “ centre building ” is 40 feet in diameter. It is 
 of an octagonal shape, and each corridor opens into it. 
 A good idea may be had of its form, by likening it to the 
 hub of a wheel from which the spokes, representing the 
 corridors, radiate. It is two stories high. On the top 
 is a lantern and lookout. In the lantern or cupola, are 
 eight reflectors, 20 inches in diameter, silver-plated, and 
 by the use of gas the light is thrown at night into all 
 parts of the grounds. It is deemed one of the best 
 protections. The height of these reflectors from the 
 ground is about 50 feet. The centre building stands in 
 the exact centre of the whole plot of ground, around 
 which is a substantial stone wall, the average height of 
 which is 35 feet. At the base it is 12 feet wide, and at 
 the top 2 feet, with a coping overhanging inside 2*^ feet. 
 There is a tower at each corner, and the plot of ground 
 contains about 10 acres. 
 
 COUNTIES NOW SENDING PRISONERS. 
 
 The counties now comprised in the Eastern District, 
 and sending prisoners to this Penitentiary are: Adams, 
 Bradford, Bucks, Carbon, Cumberland, Dauphin, Dela¬ 
 ware, Franklin, Lebanon, Luzerne, Lycoming, Mont¬ 
 gomery, Montour, Northampton, Northumberland, Perry, 
 Philadelphia, Pike, Snyder, Susquehanna, Tioga, Union, 
 Wayne, Wyoming, York. 
 
 ESCAPES. 
 
 Since the opening of the Penitentiary, in 1829, there 
 have been nine escapes. Of these, six were retaken. 
 
66 
 
 FLOUR MILL. 
 
 The Grist Mill, situated over the Cook House and 
 Boiler Room, forms an important feature in the econom¬ 
 ical arrangement of this Prison, inasmuch as it furnishes 
 the Penitentiary with fresh flour uniformly sweet and 
 good, at a very considerably less cost than if purchased 
 in the market. 
 
 The engine which drives the mill is one of ten-horse 
 power, and was erected in the year 1834, for the 
 purpose of pumping water from a large well into the 
 reservoir, at times of scarcity of water at the City 
 Water Works, and it still performs that service when 
 needed. 
 
 The net gain of this arrangement, for the eleven 
 months it has been in operation, has been $1,324.46. 
 
 CARPENTER SHOP. 
 
 There is a building in the grounds, between the 
 third and fourth blocks, constructed so that, in case of 
 emergency, or if a contagious disease should manifest 
 itself in the cells, a comfortable, well-heated and venti¬ 
 lated hospital could, in a few hours, be ready for use. 
 It is 50 feet in length, 25 in width, and two stories in 
 height. The use to which it is designed is a general 
 shop for storing Wood and for Carpenters Work. The 
 upper story, 12 feet in height, can be promptly made 
 ready for a hospital, and the patients separated by 
 temporary screens. 
 
67 
 
 RESERVOIRS. 
 
 The water is supplied from a reservoir to all the 
 prisoners. This reservoir is circular in form, 41 feet 6 
 inches in diameter; 25 feet deep; holds 252,992 gallons 
 of water. The weight of the water, when full, is equal 
 to 1500 tons. There were 200,000 bricks used on the 
 inner wall; the outside wall is of stone. The walls are 
 3 feet thick, and bound with iron hoops, built in the wall, 
 2 feet apart. The whole is covered with a slate roof 
 with ventilator at the top. 
 
 The kitchen for preparing the food of the prisoners, 
 the bake-house, and the flour mill in which all the flour is 
 ground, are located in the buildings adjoining the reser¬ 
 voir. There is a well 14 feet in diameter between 
 the reservoir and the kitchen, out of which a supply 
 of water is pumped by steam when the water in the 
 basin supplied by the city water works is too low for 
 general use. . 
 
 HEATING AND LIGHTING. 
 
 The heating of the cells is by steam from boilers at 
 the end of the corridors, and the refuse steam is used 
 for the prisoners’ bath-house, and to heat the centre 
 building and library, which is on the second story of the 
 centre-building. Five and one-half miles of iron pipe 
 are employed in conducting the steam through various 
 parts of the premises. Steam as a means of heating has 
 been introduced in lieu of hot water. The total number 
 of gas burners whereby the cells are lighted, is 650. 
 
68 
 
 WASH ROOM. 
 
 The Wash Room is 25 by 25 feet, the Drying Room 
 25 by 30 feet, and each 15. feet high. Between these 
 rooms is the Boiler Room, 25 by 20 feet and 12 high, 
 and over the Boiler Room is the room for storing boots 
 and shoes, 25 by 20 feet and 11 feet high. These 
 rooms are situated at the end of the seventh block. 
 
 The Drying Room is heated by steam pipes, giving 
 a temperature of 150° to 200° Fahrenheit. 
 
 The same boiler which heats this room, supplies hot 
 water, in abundance, for washing. 
 
 The washing is done with a machine, which is put in 
 rapid motion by a pair of cranks or winches, turned by 
 four men. It is found to be very effective, doing its work 
 thoroughly. After washing, the clothes are put under a 
 screw-press, and the water forced out, leaving them 
 nearly dry. • 
 
 There are not less than 2800 pieces of clothing 
 washed each week. 
 
 Each article is marked with the prisoner’s number, and 
 his own clothes and bedding are always returned to him. 
 
 RECEIVING ROOM. 
 
 On the western side of the main entrance, at a short 
 distance beyond the inside gate, is a room, properly pro¬ 
 tected, for the reception of the convicts. It is so secured 
 that no combination of prisoners to escape can be suc¬ 
 cessful. They sometimes arrive, several at one time, in 
 the night, from the counties comprising the Eastern Dis¬ 
 trict, when caution is necessary, as they are then unknown 
 
View of Corridor , First Block, one Story in heighth, the New Cells at the End. 
 
I 
 
69 
 
 to the prison authorities. In this room the reception of 
 the prisoners takes place, and all the examinations then 
 necessary are made before they are taken to the cells. 
 In passing from the front to the centre-building, and 
 thence to their cells, they wear a cap, which prevents 
 recognition in the day-time, and secures them from ac¬ 
 quiring any topographical knowledge of the ground-plan 
 of the Penitentiary. Every prisoner, on being received, 
 is taken to a bath room, and thoroughly cleansed. He 
 is then supplied with a clean suit of prison garments, 
 and the clothing he wore upon admission and such 
 articles as were found upon his person, are carefully 
 packed away to be restored to him on his discharge. 
 Personal cleanliness is further secured by a frequent use 
 of the bath-room. A number is assigned to each pris¬ 
 oner when received, and by that number he is designated 
 as long as he remains in the Institution. 
 
 CORRIDORS AND BLOCKS OF CELLS. 
 
 The length of the “ first block ” is 368 feet; 10 feet 
 wide, 21 feet high to the top of the arch. The old cells 
 in this block are 7 feet 6 inches in width by 12 feet in 
 length, and say 14 feet in height. The new cells in this 
 block are 8 feet wide, 16 feet long and 11 feet high. 
 There are twenty of these new cells, built 1869-70. 
 There are fifty cells in this block. 
 
 The length of the “second block” is 268 feet, 
 including passage way from corridor to the centre-build¬ 
 ing. The block is only 180 feet in length, 10 feet wide 
 and 21 feet high. There are 38 cells in this block. 
 
 10 
 
70 
 
 The size of “ third block ” is same as second block. 
 There are 20 cells in this block ; 18 “ double cells,” or 17 
 by 12 feet, 12 feet high, and used as shops. These three 
 blocks are one story high. 
 
 The length of the “fourth block ” is 268 feet. It is 
 two stories in height. There are fifty cells on the ground 
 floor, and fifty cells in the second story. The size is 
 7 feet 6 inches wide by 15 feet long and 11 feet high. 
 The cells in the second story are the same size as the 
 others, and 12 feet high. There are 136 cells in this block. 
 
 The “ fifth block ” is 362 feet in length, 10 feet wide. 
 The corridor is 33 feet high and has two stories. There 
 are 68 cells on the ground floor and 68 on the second 
 floor. The size of the cells is the same as “fourth block.” 
 
 The “ sixth block ” is 268 feet long, 10 feet wide, two 
 stories high. The height of the corridor 33 feet, and it 
 contains 100 cells of the same size as the “fourth block.” 
 
 The “ seventh block ” is 365 feet long, two stories 
 high, 15 feet wide on the gallery, 10 feet wide on the 
 ground floor. It is 38 feet in height. The cells are 7 
 feet 6 inches wide, 16 feet long and 11 feet high. There 
 are 136 cells in this block. 
 
 The cells on the ground floor of all the corridors 
 have yards attached to them ; the cells on the second 
 stories have no yards. Some are double cells (two cells 
 in one,) for special use. • 
 
 THE NEW CELLS. 
 
 Twenty new cells have been added to the first 
 block corridor. They are the result, in construction, 
 
View of Fifth Block Corridor , with Gallery, two Stories high. 
 

 
 
 
 
 
71 
 
 of all the experience gained as to the best mode of 
 building such apartments. These new cells are 8 feet by 
 16, and 12 feet high. They are lighted by a skylight 5 
 feet by 12 inches. The means of supplying heat and 
 ventilation and light are regarded as most complete. 
 The heat is from steam supplied by a boiler at the end 
 of the block, and is sufficient for this and the second 
 block. Each cell has a yard 8 by 14 feet, and enclosed 
 by a wall 11 feet high. The water for drinking is at the 
 command of the prisoner. The gas is given between 
 certain hours. A privy is in each cell, and is cleaned 
 daily by flooding into a sewer. 
 
 The doors into the corridors slide in grooves, and 
 the fastenings were designed by Mr. Cassidy, the prin¬ 
 cipal overseer, who had entire superintendence of the 
 construction of the work. The cells are regarded as the 
 most approved of any in use. 
 
 ACTS OF THE GENERAL ASSEMBLY RELATING TO THIS STATE 
 
 PENITENTIARY. 
 
 Act of March 3, 1818 
 Act of March 20, 1821 
 Act of April 10, 1826 
 Act of Feb. 27, 1833 
 Act of April 23, 1829 
 Act of March 31, i860 
 Act of April 15, 1834 
 Act of April 23, 1829 
 Act of April 16, 1845 
 
 
 Relating to Eastern and West¬ 
 ern Penitentiaries. 
 
 J 
 
 
 ► As to convicts. 
 
 \ 
 
72 
 
 Act of April 23, 1829 
 Act of Feb. 27, 1847 
 Act of May 31, 1833 
 Act of Feb. 27, 1833 
 Act of April 10, 1848 
 Act of April 23, 1829 
 Act of April 8, 1848 
 Act of Jan. 17, 1831 
 Act of May 27, 1861 
 Resolution of April 16, 
 1838 
 
 Act of April 16, 1866 
 Act of May 27, 1871 
 
 
 > 
 
 j 
 
 Enacting certain rules for the 
 management of the Penitentiary 
 and duties of Inspectors and 
 officers. 
 
 SUMMARY OF ACTS OF ASSEMBLY. 
 
 Act of March 3, 1818 : 
 
 Enacts that a penitentiary on the plan of soli¬ 
 tary confinement at Allegheny (Pittsburg), on 
 the plan exhibited by the Inspectors of the 
 prison of Philadelphia shall be constructed. 
 
 Act of March 20, 1821 : 
 
 Enacts that a penitentiary holding 250 prisoners 
 on the principle of solitary confinement at 
 Philadelphia, called the State Penitentiary for 
 the Eastern District shall be constructed. The 
 plan to be the same as at Pittsburg, subject to 
 such alterations and improvements as commis¬ 
 sioners, with the Governor’s approval, may 
 suggest. Provided that the principle of solitary 
 confinement of prisoners be preserved and main¬ 
 tained. 
 
73 
 
 i 
 
 Act of April io, 1826 : 
 
 Divides the State into districts, fixing the coun¬ 
 ties for each, from which convicts shall be sent 
 to said Penitentiaries. 
 
 Act of April 23, 1829: 
 
 Refers to the treatment of the prisoners, as 
 to food and clothing, and those persons who may 
 visit them; and also as to payment of expense 
 of keeping the convicts ; and also as to the trans¬ 
 mission of accounts to the counties, and how the 
 same are to be paid; and the time for sending 
 the drafts on the Treasurer of the counties. 
 
 Act of April 23, 1829: 
 
 As to the mode of managing the said Peniten¬ 
 tiary, and how Inspectors shall be appointed; 
 and as to the rules and regulations for the 
 
 \ 
 
 government of the Penitentiary; and how the 
 Inspectors shall organise, viz.: President, Secre¬ 
 tary and Treasurer; and the duty of Inspectors 
 to appoint a Warden, Physician and Clerk. 
 (See Act, reprinted, ante page 36.) 
 
 Act of January 17, 1831: 
 
 . Authorises the Inspectors to sit as an insol¬ 
 vent court and discharge convicts (without the 
 delay and expense of legal proceedings in insol¬ 
 vent court,) if Inspectors are satisfied the convict 
 is not able to pay fine, costs of prosecution or 
 restore the stolen property, provided legal rem¬ 
 edies may be taken after said discharge. 
 
 Act of February 27, 1833 : 
 
 Adds certain counties to the Eastern District. 
 
74 
 
 Resolution of April 16, 1838: 
 
 Authorizing appointment of Moral Instructor. 
 Act of April 15, 1843: 
 
 Directs that the Wardens of the Penitentiaries 
 are authorized to receive persons convicted in 
 the Federal Courts in this State, provided the 
 sentences of the said Courts subject them to the 
 same discipline and treatment as convicts from 
 State Courts, and while in prison to be exclu¬ 
 sively under control of State officers. 
 
 Act of May 31, 1844: 
 
 Authorizing the pay of Moral Instructor. 
 
 Act of April 16, 1845: 
 
 As to expense of conveying convicts to the 
 Penitentiary. 
 
 Act of April 16, 1846: 
 
 As to official visitors. 
 
 Act of Feb. 16, 1847: 
 
 Relates to reports as to the condition of the 
 prisons and prisoners. 
 
 Act of April 10, 1848: 
 
 Authorizes Inspectors of Penitentiaries to submit 
 to arbitration all disputes as to business claims 
 arising out of the labor of convicts of the 
 Institutions. 
 
 Act of April 11, 1848: 
 
 As to same. 
 
 Act of April 25, 1848: 
 
 As to discharged convicts and the sum to be 
 given to them. 
 
75 
 
 Act of March 25, 1850: 
 
 Adds Lawrence county to Western District. 
 
 Act of March, 31, i860: 
 
 Enacts that if a prisoner be sentenced to labor by 
 separate and solitary confinement for any period 
 not less than one year, the imprisonment and 
 labor shall be performed in the State Peniten¬ 
 tiary of the proper district. Provided nothing 
 herein contained shall prevent such persons from 
 being sentenced to imprisonment and labor by 
 separate and solitary confinement in the county 
 prisons now or hereafter authorized by law to 
 receive convicts of a like description, and pro¬ 
 vided further that no convict shall be sentenced 
 by any court of this Commonwealth to either 
 Penitentiary for any term that shall expire be¬ 
 tween the 15th of November and the 15th of 
 February of any year. 
 
 Act of May 1, 1861: 
 
 Relates to conduct of prisoners who have been 
 sentenced for more than six months, a record 
 to be kept in a book and examined by the Inspec¬ 
 tors, and the record of punishment for violating 
 the rules of the Penitentiary; and also enacting 
 what is called the “commutation law,” (decided 
 by the Supreme Court to be unconstitutional, 
 as interfering with judgments of the judiciary.) 
 [See Wright’s Pennsylvania State Reports, vol. 
 vi., page 446.] 
 
 Act of April 16, 1866: 
 
 Regulating the use of tobacco. 
 
7 6 
 
 Act of May 21, 1869 : 
 
 Re-enacting the “commutation law,” avoiding 
 the points in the former Act which were de¬ 
 clared by the Supreme Court to have been 
 unconstitutional. 
 
 Act of April 27, 1871 : 
 
 Allotment of prisoners to the Western Peniten¬ 
 tiary from some of the counties which were 
 heretofore attached to the Eastern District. 
 
 Act of April 27, 1871 : 
 
 Allotment of prisoners to Western Penitentiary. 
 
 GOVERNMENT OF THE PENITENTIARY. 
 
 The Inspectors who manage the State Penitentiary 
 are five in number, appointed by the Judges of the 
 Supreme Court of Pennsylvania for two years. 
 
 * 
 
 LIST OF INSPECTORS OF THE PENITENTIARY. 
 
 The following is a list of the gentlemen who have 
 held the position from the organization of the Insti¬ 
 tution. 
 
 The first five appointed by the Supreme Court at 
 Philadelphia, the 19th of May, 1829, were Charles Sidney 
 Coxe, John Swift, Roberts Vaux, Daniel H. Miller and 
 Josiah Randall. During the year 1829, Roberts Vaux 
 and Josiah Randall resigned, and the place of Mr. Vaux 
 
 was filled by Thomas Bradford, Jr., and that of Mr. Ran- 
 
 ’» 
 
 dall by Benjamin W. Richards. 
 
77 
 
 FIRST ORGANIZATION OF BOARD OF INSPECTORS. 
 
 The Board of Inspectors organized, May 19, 1829, 
 by electing Judge Coxe, President; John Swift, Secretary, 
 Josiah Randall, Treasurer; Franklin Bache, on November 
 7, was elected Physician; and, on June 29, Samuel R. 
 Wood, Warden; and John Norvall, Clerk. 
 
 At the end of the first term for which the Inspectors 
 had been appointed, the Supreme Court reappointed 
 May 23, 1831, Judge Coxe, Thomas Bradford and Ben¬ 
 jamin H. Richards, and added John Bacon and William 
 H. Hood for the vacancies. The Board organized, May 
 23, 1831, as follows: Charles S. Coxe, President; 
 Thomas Bradford, Jr., Secretary, and John Bacon, Trea¬ 
 surer. 
 
 There was no Moral Instructor appointed, but the 
 Rev. Charles Demme, of the German Lutheran Church, 
 undertook to perform these duties, and was aided at 
 various times by the Rev. Samuel W. Crawford and the 
 Rev. James Wilson, of the Reformed Presbyterian, and 
 Associate Reformed Churches. 
 
 In the year 1833, the Supreme Court reappointed 
 the Inspectors as follows: Charles S. Coxe, Thomas 
 Bradford, Jr., Benjamin W. Richards, John Bacon and 
 William H. Hood. Judge Coxe was elected President; 
 W. H. Hood, Secretary; Mr. Bacon, Treasurer; S. R. 
 Wood, Warden, and Dr. Bache, Attending Physician. 
 
 In the year 1835, the following gentlemen were ap¬ 
 pointed Inspectors: Thomas Bradford, Jr., John Bacon, 
 William H. Hood, Matthew L. Bevan and General Robert 
 
 11 
 
78 
 
 Patterson. Mr. Bradford was elected President; Mr. 
 Hood, Secretary; Mr. Bacon, Treasurer; S. R. Wood, 
 Warden, and Dr. Bache, Attending Physician. 
 
 In the year 1837, the Inspectors were reappointed as 
 follows: Thomas Bradford, Jr., John Bacon, William H. 
 Hood, Matthew L. Bevan and Robert Patterson. Mr. 
 Bradford, President; Mr. Hood, Secretary, John S. 
 Halloway, Clerk, and Mr. Bacon, Treasurer; Dr. William 
 Darrach was appointed Attending Physician, vice Dr. 
 Bache, resigned. 
 
 In the year 1838, September 1, Rev. Thomas Lar- 
 combe was appointed Moral Instructor. 
 
 The Supreme Court in 1839, reappointed the In¬ 
 spectors, and the Board organized with the same officers. 
 
 In July, 1840, Samuel R. Wood resigned as Warden, 
 and the Board appointed George Thompson in his 
 place. 
 
 On the 7th day of January, 1842, the Supreme Court 
 appointed the following gentlemen Inspectors : Thomas 
 Bradford, John Bacon, Matthew L. Bevan, Robert Patter¬ 
 son and Richard Vaux. M. L. Bevan was elected Presi¬ 
 dent; Richard Vaux, Secretary; John Bacon, Treasurer; 
 George Thompson, Warden; John S. Halloway, Clerk. 
 
 On the 7th of February, 1843, Dr. Edward Harts- 
 horne was elected Resident Physician, in the place of 
 Dr. Darrach, who was attending physician. The Board 
 were satisfied that the best interests of the Institution 
 required the physician to reside in the building. 
 
 January 5, 1844, Inspectors reappointed and organ¬ 
 ized as before. 
 
79 
 
 In 1844, May 7, Dr. Hartshorne resigned as Resident 
 Physician, and Dr. Robert A. Given was elected to that 
 position. 
 
 In 1845, September 9, George Thompson resigned 
 as Warden, and Thomas Scattergood was elected to fill 
 the vacancy. 
 
 In the year 1847, William A. Porter was appointed 
 Inspector in the place of Robert Patterson, resigned. 
 
 On the 14th day of December, 1849, Matthew L. 
 Bevan, one of the Inspectors and President of the Board, 
 died full of years, having lived a blameless life. He had 
 served as Inspector since July, 1834. The Supreme 
 Court appointed Hugh Campbell to fill the vacancy. 
 
 The Board organized by the election of William A. 
 Porter, President; Richard Vaux, Secretary; John Bacon, 
 Treasurer; Thomas Scattergood, Warden; Dr. Given, 
 Resident Physician, and John S. Halloway, Clerk. 
 
 On the 21 st of September, 1850, John S. Halloway 
 was elected Warden and William Marriott, Clerk. 
 
 In the year 1851, William A. Porter resigned as 
 Inspector, and Thomas Bradford died. The following 
 gentlemen were appointed to fill these vacancies, S. 
 A. Mercer and Charles Brown. The death of Mr. 
 Bradford was the result of long ill health. He had 
 been connected with the Institution from the time of the 
 erection of the building till his death, except a short 
 period, when he was appointed Inspector on the resigna¬ 
 tion of Roberts Vaux. 
 
 The Board was organized May 3, 1851, by the elec¬ 
 tion of Richard Vaux, President; S. A. Mercer, Secretary, 
 
8o 
 
 and John Bacon, Treasurer. John S. Halloway was 
 elected Warden; Mr. Larcombe, Moral Instructor, and 
 William Marriot, Clerk. Dr. Lassiter was elected Resi¬ 
 dent Physician in the place of Dr. Given, resigned, June 
 20, 1851. 
 
 In the year 1853, Charles Brown and Hugh Camp¬ 
 bell resigned as Inspectors, and their vacancies were 
 supplied by the appointment of Andrew Miller and 
 Chambers McKibben. The Board organized by the 
 election of Richard Vaux, President; Andrew Miller, 
 Secretary, and John Bacon, Treasurer. 
 
 In the year 1854, Singleton Mercer resigned as In¬ 
 spector, and Samuel Jones, M. D., was appointed in his 
 place. 
 
 John S. Halloway resigned as Warden, and the 
 Board elected Nimrod Strickland, of Chester County, 
 to that office, June 17, 1854. 
 
 In the year 1855, April 13, the Supreme Court 
 appointed Richard Vaux, John Bacon, Samuel Jones, 
 C. McKibben and Andrew Miller, Inspectors. Richard 
 Vaux, President; A. Miller, Secretary; John Bacon, 
 Treasurer. 
 
 In the year 1856, Judge Strickland resigned as War¬ 
 den, and the Board elected John S. Halloway to his former 
 position as Warden. Dr. Lassiter resigned as Resident 
 Physician, and Thomas Newbold, M. D., was elected in 
 his place. 
 
 On February 6, 1857, Chambers McKibben resigned 
 as Inspector, and William Goodwin was appointed in his 
 place. 
 
8i 
 
 In the year 1858, William Marriot, Clerk of the Peni¬ 
 tentiary died, and Richard J. Prendegrast was temporarily 
 elected to that position. 
 
 In the year 1859, March 25, the Supreme Court 
 appointed the following gentlemen Inspectors : Richard 
 Vaux, John Bacon, Samuel Jones, Alexander Henry 
 and Thomas H. Powers. 
 
 The Board organized by the election of Richard 
 Vaux, President; Samuel Jones, Secretary, and John 
 Bacon, Treasurer. R. J. Prendegrast was elected Clerk. 
 
 John Bacon, who had been so long connected with 
 the Penitentiary, and acted for many years as Treasurer 
 of the Board, died in 1859. He was for thirty years con¬ 
 nected with the Penitentiary. 
 
 On November 5, the Supreme Court appointed 
 Furman Sheppard in the place of John Bacon, de¬ 
 ceased, and the Board elected him Treasurer to fill the 
 vacancy. 
 
 In i860, The Moral Instructor, Thomas Larcombe 
 died; November, 1861, the Rev. C. M. Breaker was 
 appointed in his place; January 27, 1862, he died, and 
 the Rev. John Ruth was elected to the vacancy. 
 
 On January 7, 1861, the Supreme Court appointed 
 Richard Vaux, Samuel Jones, Furman Sheppard, Alex¬ 
 ander Henry and Thomas H. Powers, Inspectors. The 
 Board organized by electing Richard Vaux, President; 
 Samuel Jones, Secretary; Furman Sheppard, Treasurer. 
 
 In June, 1862, Dr. Newbold resigned his position as 
 Resident Physician, and Dr. S. A. Woodhouse was 
 elected, September 6, in his place. 
 
82 
 
 In 1863, Dr. Taylor was elected Resident Physician 
 in the place of Dr. Woodhouse, resigned, and A. J. Ourt 
 was elected Clerk, (he was at the time a teacher for the 
 prisoners,) in the place of R. J. Prendegrast. 
 
 In the year 1864, Samuel Jones died, and his place 
 was filled, January 9, 1865, by the appointment of 
 Anthony J. Drexel. The Board organized by electing 
 Richard Vaux, President, Thomas H. Powers, Secretary, 
 and Furman Sheppard, Treasurer. 
 
 During the year 1866, Henry M. Klapp, M. D., 
 was elected Resident Physician in the place of Dr. 
 Taylor, resigned. 
 
 In the month of December, 1869, John S. Halloway, 
 the Warden, died. It is due to the memory of Mr. Hallo¬ 
 way to remark, that all the duties imposed upon him 
 while connected with this Penitentiary, were discharged 
 by him with a firmness and an ability and integrity which 
 qualified him in an eminent degree for the position which 
 he so long occupied. 
 
 In the year 1870, the Supreme Court appointed the 
 following gentlemen Inspectors: Richard Vaux, Alex¬ 
 ander Henry, Furman Sheppard, Thomas H. Powers and 
 John M. Maris. The Board organized by electing Richard 
 Vaux, President; John M. Maris, Secretary, and Furman 
 Sheppard, Treasurer. 
 
 On the 5th of February, 1870, S. Sheneman was 
 elected Clerk. 
 
 For some months after the death of Mr. Halloway, 
 the duties of Warden, pro tempore , were satisfactorily 
 discharged by M. J. Cassidy, one of the overseers, while 
 Dr. Klapp was nominally Warden. 
 
83 
 
 On the 8th. of July, 1870, Edward Townsend, M. D., 
 was elected Warden, to fill the vacancy caused by the 
 death of Mr. Halloway. 
 
 On the 10th of February, 1872, Dr. Klapp resigned as 
 Resident Physician, and Dr. C. Bullard was appointed 
 to fill the vacancy. 
 
 SKETCH OF THE GENTLEMEN WHO HAVE SERVED AS 
 
 INSPECTORS. 
 
 It may not be without interest to give some very 
 general information as to the gentlemen who from 1829 
 to 1872, have held the responsible position of Inspectors 
 of the Eastern State Penitentiary. 
 
 Charles S. Coxe, a lawyer, and Judge of the District 
 Court of Philadelphia. 
 
 Josiah Randall, a lawyer of marked prominence at 
 the Philadelphia Bar. 
 
 Roberts Vaux was in no active business; he devoted his 
 time to public institutions for education and benevo¬ 
 lence. His labors on behalf of the separate system 
 of prison discipline and public education are a part 
 of the history of his time. 
 
 John Swift, a lawyer, and for many years Mayor, and 
 subsequently an Alderman, of Philadelphia. 
 
 Thomas Bradford, Jr., a lawyer, for a long time Inspector 
 of the old Walnut Street Prison, and one of the early 
 champions of the separate system.* 
 
 Daniel H. Miller, a merchant, and State Senator. 
 
 * Mr. Bradford and Mr. Vaux drew up the Act of 1829. Mr. Bradford was one of the most 
 devoted friends of the Pennsylvania system. 
 
 i 
 
8 4 
 
 Benjamin W. Richards, a merchant, and Mayor of 
 Philadelphia. 
 
 John Bacon, a merchant, and for many years Trea¬ 
 surer of the City of Philadelphia. 
 
 William H. Hood, a merchant of Philadelphia. 
 
 Matthew L. Bevan, a merchant, and member of one 
 of the largest business firms in the city. 
 
 General Robert Patterson is a prominent merchant and 
 manufacturer. 
 
 Richard Vaux, a lawyer, Recorder, and Mayor of Phila¬ 
 delphia. 
 
 William A. Porter, a lawyer, High Sheriff of Philadel¬ 
 phia County, Judge of the Supreme Court of Penn¬ 
 sylvania. 
 
 Singleton A. Mercer, a merchant, and President of the 
 Farmers’ and Mechanics’ Bank of Philadelphia. 
 
 Charles Brown was engaged in business, was a member 
 of Congress of the United States, and Collector of 
 the Port of Philadelphia. 
 
 Hugh Campbell, a merchant. 
 
 Chambers M’Kibben, the proprietor of the Merchants 
 Hotel, and Treasurer of the United States at Phila¬ 
 delphia. 
 
 Andrew Miller, a grocer, and Recorder of Deeds for 
 the County of Philadelphia, and a lawyer later in life. 
 
 William Goodwin, a manufacturer and State Senator. 
 
 Anthony J. Drexel, a banker, of the well-known firm 
 of A. J. Drexel & Co., of Philadelphia. 
 
 Alexander Henry, a lawyer, and Mayor of Philadelphia. 
 
 Samuel Jones, a teacher and physician. 
 
85 
 
 Furman Sheppard, a lawyer, and has been District 
 Attorney for Philadelphia. 
 
 Thomas H. Powers, a manufacturer of chemicals, &c., of 
 the old established and well-known firm of Powers 
 & Weightman. 
 
 John M. Maris, a merchant, and was for some time one of 
 the Guardians of the Poor of Philadelphia. 
 
 A REVIEW OF THE DEVELOPMENT OF THE ADMINISTRATION. 
 
 From the opening of this Penitentiary in 1829, to 
 the end of the last year, 1871, 42 years have elapsed. 
 This period may be sub-divided into two epochs, the first, 
 from 1829 to 1849, should be designated as the epoch of 
 experiment and experience , the latter of development and 
 progress. It requires neither argument nor justification 
 to denominate the first period as one during which the 
 system was to be studied g.nd understood. From the 
 earliest efforts to secure “solitude,” as it was called, for 
 the convict during his imprisonment, till the trial was so 
 indifferently and partially made in the Walnut Street 
 prison, by the separation of a few prisoners, it was the 
 theory ol separatioit that was mainly considered. 
 
 When the Penitentiary was ready in 1829 for the 
 reception of some occupants, it may be said that very 
 little was really known as to the effect of the discipline 
 on the prisoners. Indeed, the discipline of itself was a 
 theory. For many years following 1829, it was not pos¬ 
 sible to do more than supervise the administration, and 
 put it into working order. It required some time to 
 settle what were the consequences of the discipline, and 
 
 12 
 
86 
 
 patient investigation was necessary to determine them. 
 To finish all the buildings, suffer from some serious criti¬ 
 cisms on the management, and harmonize almost irrecon¬ 
 cilable opinions, if not feelings, among those who were 
 first connected with the administration of the penitentiary, 
 distracted the minds of those who were charged with the 
 government of the institution. Therefore, from 1829 to 
 1835 the attention of the Inspectors was not wholly 
 concentrated on the workings of the system which had 
 been established for the penitentiary. From 1835 to 
 1849 the treatment of the prisoners was thoroughly con¬ 
 sidered, and then it was that the experience developed 
 in the experiment of the separate system, became of 
 great importance. 
 
 From 1849 to 1 8 71, the Inspectors were to a greater 
 extent occupied in investigating the principles and the 
 philosophy of the separate or individual-treatment dis¬ 
 cipline, which is now in full operation in this penitentiary. 
 
 These remarks are properly prefatory to the annexed 
 extracts from the Reports of the Inspectors to the Legisla¬ 
 ture. They are also intended to present the reason for, 
 
 ' and explain the purpose of, the statement of the results of 
 the administration of the system of separate confinement 
 of prisoners in the penitentiary, for the two periods to 
 which reference has been made. This statement will 
 give some idea of the progress made, but prominently 
 show the philosophic basis on which penology must rest, 
 and the intimate relations it bears to social science. 
 
 The Penitentiary went into operation, by the recep¬ 
 tion of the first prisoner, on October 25, 1829. The law 
 
87 
 
 organizing it was in force June i, 1829, and S. R. Wood, 
 the first Warden, took charge August 1, 1829. Four 
 blocks of cells were yet unfinished, and the architect and 
 the friends of the separate system, as well as the Inspec¬ 
 tors, were engaged in ascertaining what improvements 
 could be made in the details of the general plan. The 
 State Penitentiary at Pittsburgh (Allegheny) and the one 
 at Philadelphia, constructed on the plan of separate con- 
 finement of the convicts, were both originally devised 
 without, of course, much, if any, practical experience in 
 their adaptation to the objects for which they were to be 
 occupied. It is not to be presumed that experience, 
 when obtained, did not suggest various improvements in 
 the structure of prisons for the separation, individual 
 treatment, and labor and instruction of the inmates. 
 
 It is but proper to note that, in 1818, there was a 
 difference of opinion among the friends of the system as 
 to what it really should be in its administration. Some 
 were for solitude , as it was called in contradistinction to 
 congregation, without labor. Others were in favor of 
 solitude and hard labor. The first blocks of cells were 
 erected when this subject had been settled, but it had so 
 engaged the minds of all parties before the great results 
 which experience has since shown were to result from 
 separation and the individual-treatment of the prisoners, 
 that these apartments were not wholly suited to the 
 wiser and truer discipline.* 
 
 * Mr. Vaux, Mr. Bradford and Mr. Wood drew up the Acts of Assembly of 1821 and 1829. 
 Mr. Bradford was for solitude without labor. Mr. Vaux was so decidedly in favor of “separation of 
 prisoners,” that he was willing labor and instruction should be part of the system, and Mr. Wood was 
 unequivocally the advocate of labor under any circumstances .—McElwee s Report. 
 
88 
 
 It is not now scarcely possible to explain how much 
 of discussion and difference of opinion then existed on 
 these subjects. The friends of the separate system had 
 not only to educate the public mind in Pennsylvania as 
 to its real merits, but also to combat opposition in Eng¬ 
 land, New England, New York, and among various 
 gentlemen who had some general opinions on penal 
 jurisprudence. It is not possible to give all the views 
 expressed from these sources. A history, even as brief 
 as the one now presented, would not however be 
 satisfactory without some reference to these interesting 
 questions and their effects on the Pennsylvania system. 
 
 The system of Pennsylvania may now be properly 
 described as the separate and individual-treatment system 
 of prison discipline . We believe it to be as great a 
 success as human effort, under all the circumstances, 
 could be expected to accomplish. 
 
 Crime and criminals should be regarded in the 
 relation they bear to the social condition. Society, the 
 State, or Commonwealth, demands protection against 
 violations of those laws which are enacted for protection 
 of the interests, happiness, security and welfare of the 
 people. For these violations of law, punishment is to be 
 inflicted on the offender. Thus far the State is directly 
 interested in the laws defining crimes, and declaring the 
 penalties. The vindication of the law and its adminis¬ 
 tration, and the infliction of the punishment comprise the 
 paramount interests of the State. The punishment 
 begins its operation on the criminal, and so far as that 
 punishment deters from crime , the State has a direct 
 
 i 
 
89 
 
 interest in the system by which it is administered. Out 
 of the system come other benefits to the State, such as 
 the reformation of the offender, and the protection of 
 the State from the perils of a crime-class, created by 
 the system of punishment. 
 
 The system by which, in penitentiary or prison, the 
 punishment is inflicted, and by which these benefits are 
 to be derived both by the State and the convict is of 
 equal importance with any other of the interests the 
 State has directly in its jurisprudence. 
 
 This system is one to be considered and determined 
 by applying to the principles on which it is based, a 
 scientific investigation only, for any other, subordinates 
 to the feelings and interests what should be predominant 
 as a question of social science. 
 
 This subject, it may be remarked, is one that requires 
 the most thorough examination before any conclusions 
 can be safely arrived at. The questions of original cost, 
 kinds of labor, or capacity to be self-supporting, have no 
 direct concern with the system of punishment. If the 
 punishment by the separate and individual-treatment 
 of the convicts, secures society and protects the people; 
 deters from crime; punishes the offender; reforms the 
 individual; returns him to his former social relations 
 better, or no worse than when he was separated from 
 them by his imprisonment; prevents the organization or 
 augmentation of a crime-class in the community; then 
 the principal purposes, the highest aims of punishment 
 are obtained. It is with these that society is directly con¬ 
 cerned. To ascertain whether these effects are the con- 
 
90 
 
 sequences of any system of punishment, requires that 
 the system should be scientfically and practically investi¬ 
 gated, and all other questions should be postponed 
 till these consequences are determined. 
 
 It is claimed for the separate and individual-treat¬ 
 ment system, as now administered in the Eastern State 
 Penitentiary at Philadelphia, that it accomplishes all these 
 purposes. Let the contrary be demonstrated before the 
 
 a 
 
 system is either condemned or set aside for one which yields 
 less , or none of the great objects of punishment by impris¬ 
 onment of offenders. It will not suffice to condemn the 
 separate system, because, by the separation of convicts, 
 less profits are obtained from their labor than when they 
 work aided by machinery in an associate or congregate 
 prison. The State has no such paramount interest in the 
 profits of the labor of its convicts as to abandon all the other 
 benefits which should be derived from their punishment. 
 The congregation or association of convicts during their 
 punishment by imprisonment, produces evils ultimately 
 far more expensive to the State than the loss of profits 
 gained by working them together for the period of their 
 imprisonment. 
 
 It is doubted if ever yet a system of penitentiary 
 discipline, or of treatment of offenders sentenced to 
 separation from society for crimes against it, has been 
 adjudged the best because it is pre-eminently a profit¬ 
 making, money-gaining system. Such a decision, based 
 on such a principle, would, or should, shock the moral 
 sense of mankind. It may be possible to introduce into 
 the profit-making discipline, a means of moral culture, 
 
9i 
 
 promising the reform of those who are subjected to it. 
 But so long as the profits are the primary purpose of the 
 discipline, the great aim, punishment, is lost sight of 
 because punishment then is only incarceration in a prison , 
 and the reformation of the prisoner is subordinate to the 
 best method of labor. 
 
 No regard is paid to the effects of congregating in 
 a prison, large numbers of convicts working together, 
 when these prisoners leave the institution to mix again 
 in society. This consideration, and the reformation and 
 individual benefits to be derived from proper instruc¬ 
 tion during punishment, are questions which if con¬ 
 sidered, and due weight given to their importance, would 
 involve loss of profits. A congregate prison, the system 
 
 of congregating prisoners for work, unless it is profit- 
 
 / 
 
 making could not be regarded as defensible. Its only 
 merit now, consists in the asserted fact that it may be 
 self-supporting. Such are the sordid influences that the 
 system of money-making prisons begets ; a system so 
 prejudicial to the convict and society. 
 
 REMARKS AND FACTS IN RELATION TO ADMINISTRATION. 
 
 It may be said, without fear of denial, that the best 
 system of prison discipline ever devised may utterly fail 
 by reason of its bad administration. So also is it true of 
 a bad system, it may produce good results, provided it is 
 well administered. So much depends on administration. 
 The most important element in all administrations is the 
 character and capacity of the governing power, and the 
 adaptation of the officers to their duties. It is to be re- 
 
92 
 
 marked that the changing of the officers for any reason 
 other than unfitness, or impropriety of conduct, is to be 
 condemned in the strongest manner, as fatal to the best 
 interests of the institution. Political or sectarian influ¬ 
 ence should never be permitted to control the adminis¬ 
 tration, or in any way interfere with the government of 
 a prison. It produces the worst possible condition of 
 the administration, and destoys the independence of 
 those who are required to be responsible for the faithful 
 discharge of their peculiar duties, which must be syste¬ 
 matised, rigidly supervised, and performed with exactness 
 and with a full understanding that direct accountability 
 is demanded. 
 
 Very little consideration is given to the importance 
 of these principles in prison government. It is too often 
 the case that favoritism is made the ground for .pertina¬ 
 cious recommendations for positions, when the want of 
 character and fitness in the applicant is known to be 
 positive. Appointments to positions should be in every 
 case dependent only on integrity, character and special 
 qualifications for the duties to be performed, and the 
 tenure should depend solely on good conduct. In this 
 Penitentiary all the appointments of overseers are made 
 by the Warden without the intervention of the Inspec¬ 
 tors, who, however, hold the Warden responsible therefor. 
 
 BASIS OF THE DISCIPLINE. 
 
 It may better explain the basis of the administration 
 of the discipline, to give the following account of some 
 of the means adopted to improve and reform the pris¬ 
 
 oners. 
 
93 
 
 For the past three years, out of a total population 
 during that period of 1495 persons, only 96 were 
 subjected to punishment for violating the rules, for gross 
 insubordination, or for other bad conduct; the only pun¬ 
 ishment permitted is a dark cell and bread and water. 
 
 For the same period 20,300 lessons were given by 
 the secular teachers instructing those who were illiterate, 
 or improving those who had some education. 
 
 The whole number of lessons given by the moral 
 instructor was 24,296, besides 1089 Sunday exercises on 
 the Sundays of these years. 
 
 There were 28,031 newspapers, of all religious de¬ 
 nominations, distributed. 
 
 The library contains 6,268 volumes, and for three 
 years 69,658 books were distributed to the prisoners: 
 besides 112,615 pages of tracts. 
 
 Every prisoner is taught a handicraft occupation, 
 and when able to do the work, he is allowed one- 
 half of the product of his labor, in excess of his task, 
 for his own use, or that of his family. All those who are 
 received and capable of learning are taught to read, 
 write, cipher and a trade. When any prfsoner has a 
 decided talent for either intellectual or mechanical pur¬ 
 suits, he is permitted to improve himself in study, or 
 perfect himself in mechanism. 
 
 Letters to and from the prisoners are forwarded by 
 the Warden, after such examination only as to provide 
 against infractions of the rules. Within the past three 
 years 11,275 letters were sent by prisoners, and 18,911 
 received by them. 
 
 13 
 
 % 
 
94 
 
 The influences best adapted to each individual as a 
 reformatory treatment of his case, are directly applied. 
 
 The cells are regularly cleaned, and great attention 
 is given to this subject, and also to personal cleanliness. 
 
 The number of general visitors to the institu¬ 
 tion, for the past ten years amounts to 114,440. Visits 
 to the prisoners are regulated by a general rule, but 
 special cases are governed by the circumstances in 
 each case. 
 
 The officers, Warden, Physician, Moral' Instructors 
 and Teachers and Overseers in charge, have constant 
 intercourse with the prisoners. 
 
 Two of the Inspectors are detailed each month as 
 “Visiting Inspectors,” who have the general duties of 
 supervision imposed on them, besides such special busi¬ 
 ness in regard to the administration, as the Board 
 directs. 
 
 The “Prison Society” has a visiting committee which 
 occupies itself with visits to the prisoners, and a special 
 
 officer of the Society to look after discharged prisoners. 
 
 \ 
 
 MEETINGS OF THE BOARD. 
 
 The regular meetings of the Board of Inspectors 
 are held monthly, at which time a written report in detail 
 is required from the Treasurer, Warden, Physician, Moral 
 Instructor and Secular Instructor. Bills are at the same 
 time submitted by the Warden for all purchases made by 
 him since the preceding meeting, their payment, how¬ 
 ever, not being ordered by the Board until, upon exami¬ 
 nation, by a committee of the Board, they are found to 
 
 « 
 
95 
 
 be correct. The Warden is also required by law to keep 
 a journal and enter therein, daily, all events happening 
 in the Penitentiary, including all cases of punishment or 
 discipline, open to the examination of the Inspectors. 
 
 » 
 
 ANNUAL REPORTS OF THE INSPECTORS TO THE LEGISLATURE. 
 
 From the first year of the opening of the Peniten¬ 
 tiary, 1829, annually, as by law required, the Inspectors 
 have made to the Legislature of the State reports on the 
 condition of the Institution. These reports are exhaustive 
 on all the subjects connected with the administration of 
 the Penitentiary. The views of the Inspectors as to the 
 system of separate or individual-treatment of convicts 
 are presented, and such suggestions are from time to 
 time made as directly relate to the cause of crime, legisla¬ 
 tion for the prevention and punishment of offenders, and 
 also the opinions of the Inspectors on the proper means 
 by which the effects of punishment are most surely pro¬ 
 duced. Each annual report is accompanied by statistical 
 tables most carefully prepared from the best sources of 
 information, in which the most thorough exposition of 
 the relations, physical, moral and mental, of each pris¬ 
 oner on admission and discharge is shown. 
 
 It is believed that no more full and complete exhibit 
 of any institution can be found than is thus afforded. 
 
 The student of penal science, in its relations to 
 social science, jurisprudence, systems of punishment, 
 
 . 1 
 
 prison discipline, the effects of imprisonment by the sepa¬ 
 rate system on all who are subjected to it, can obtain in 
 these reports most valuable information. There are now 
 
96 
 
 printed and published 43 of these reports with full tabular 
 statistical exhibits, and in order that those who desire to 
 learn how much has been done by the Inspectors for the 
 past few years, for the information of those who take any 
 interest in investigating the questions involved, i.t may be 
 stated that each of the more recent annual reports con¬ 
 tain about 150 pages of printed matter. 
 
 RECEIVING BOOK. 
 
 The following is a copy of the “Receiving Book” 
 which has been in use in this Penitentiary for nearly 40 
 years: 
 
 No. 
 
 
 Age, 
 
 Native of, 
 
 Bound, 
 
 Apprenticed : 
 
 Trade, 
 
 and left before end of term of 
 
 Complexion, 
 
 apprenticeship. 
 
 Eyes, 
 
 and served until expiration of 
 
 Hair, 
 
 term. 
 
 Stature, 
 
 Marks, 
 
 No. of Convictions, 
 Parents, 
 
 Went to Public School, 
 
 Reads, 
 
 “ Private “ 
 
 Writes, 
 
 Age on Leaving “ 
 
 Temperate, 
 
 Married, 
 
 Property, 
 
 Crime, 
 
 Sentence, 
 
 County and Court, 
 Sentenced, 
 
 
 Received, 
 
 • 
 
 Remarks, 
 
 * 
 
97 
 
 
 A COPY OF THE MEDICAL GENERAL RECORD OF ADMISSIONS. 
 
 V 
 
 e 
 
 cS 
 
 z 
 
 Color. 
 
 rC 
 
 £ 
 
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 d 
 
 5 
 
 J 3 
 
 *g 
 
 <u 
 
 bo 
 
 Sex. 
 
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 E 
 
 V 
 
 £ 
 
 Social 
 
 State. 
 
 H 3 
 
 <U 
 
 § 
 
 bJ3 
 
 g 
 
 c /5 
 
 ^ x 
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 cj CU 
 V G2 
 
 o g 
 
 Ah CO 
 
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 <u ^ 
 
 W.S 
 
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 5 O 
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 <D 
 
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 A COPY OF THE MEDICAL GENERAL RECORD OF DISCHARGES. 
 
 FORM OF MEDICAL MONTHLY REPORT. 
 
 Name. 
 
 No. 
 
 Color. 
 
 Age. 
 
 Sex. 
 
 Date of Admission. 
 
 Time in Prison. 
 
 Disease. 
 
 Cause.' 
 
 Event. 
 
 Monthly Summary, 
 Remarks, &c. 
 
 White. 
 
 Black. 
 
 Mulatto. 
 
 Male. 
 
 Female. 
 
 Cured. 
 
 Relieved. 
 
 Time Out. 
 
 Pardoned. 
 
 Dead. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
9 8 
 
 MEDICAL DEPARTMENT. 
 
 The health of the large number of inmates of a 
 Penitentiary is a subject of careful attention. After 
 much experience and reflection, the Inspectors came 
 to the conclusion that the importance of the interests 
 involved, required that a competent physician should 
 permanently reside upon the premises, so as to be con¬ 
 stantly at hand, by day or night, whenever an occasion 
 should arise for his services. This has been found much 
 more satisfactory than the system of a visiting physician 
 from without. Medical visits, of which a daily record is 
 kept, are constantly and systematically made by the Res¬ 
 ident Physician to every prisoner, and each new recipient 
 into the Institution undergoes, upon his admission, a 
 thorough and medical examination, the results of which 
 are fully recorded. An ample assortment of medical 
 supplies is kept in the apothecary shop of the Peniten- 
 tiary, which is under the charge of the Resident Physician. 
 
 THE DISCHARGE OF PRISONERS. 
 
 It is of great importance where a Penitentiary, 
 located in a city, receives inmates from a distance, that 
 they should when discharged, be immediately sent to the 
 localities whence they came, and not be exposed to the 
 temptations of the city. In order to accomplish this 
 beneficial object, the Inspectors have obtained authority, 
 by an Act of Assembly of the State of Pennsylvania, 
 to give, if it should be needed, to each prisoner upon his 
 discharge, a specified sum of money, for the purpose of 
 paying his traveling expenses to the county from which he 
 came, viz: $5.00 under fifty and $ 10.00 over fifty miles. 
 
OF'ft* 
 
 own®* 1 * 
 
 WJW® 
 
Interior View of Cell, taken from the Corridor. 
 
 
 Interior View of Cell, taken from the Yard of the Cell. 
 
99 
 
 The “Prison Society” also, as a part of its benevo¬ 
 lent operations, takes care that each prisoner upon his 
 discharge, shall if his necessities require it, be supplied 
 with such clothing as shall enable him to present a 
 proper appearance when he rejoins his family or friends. 
 
 RULES FOR THE PRISONER. 
 
 • ' * , 
 
 In each cell there is a printed copy of these Rules: 
 
 “You are desired strictly to observe the following Rules 
 
 established by the Inspectors for your government 
 
 First. —You must keep your person, cell and utensils 
 clean and in order. 
 
 Second. —You must obey promptly, all directions given 
 
 \ • 
 
 to you, either by the Inspectors, Warden, or Overseers. 
 
 Third. —You must not make any unnecessary noise, 
 either by singing, whistling, or in any other manner; but 
 in all respects preserve becoming order. You must not 
 try to communicate with your fellow-prisoners in the 
 .adjoining cells, either from your own apartment, or 
 during the time you are exercising in your yard. 
 
 Fourth. —All surplus food must be placed in the 
 vessel provided for that purpose; and all wastage of 
 materials, or other dirt, must be carefully collected and 
 handed out of the cell, when called for by the Overseer. 
 
 Fifth. —You must apply yourself industriously, at 
 whatever employment is assigned you; and when your 
 task is finished, it is recommended that your time be 
 devoted to the proper improvement of your mind, either 
 in reading the books provided for the purpose, or in case 
 you cannot read, in learning to do so. 
 
I 
 
 IOO 
 
 Sixth .—Should you have any complaint to make 
 against the Overseer having charge of you, make it to 
 the Warden or Inspector—if against the Warden to an 
 Inspector. 
 
 Seventh .—Be at all times, in your intercourse with 
 the officers of the Penitentiary, respectful and courteous, 
 and never, suffer yourself to be led astray from your 
 duties, by angry or revengeful feelings. 
 
 Eighth .—Observe the Sabbath; though you are 
 separated from the world, the day is not the less holy. 
 
 The Inspectors desire to treat every prisoner under 
 their charge with humanity and kindness; and they hope 
 that in return, the prisoner will strictly conform to the 
 rules adopted for his government, which are not merely 
 advisory, but are a law to him, especially the third, any 
 violation of which will incur proper punishment. 
 
 Special Notice .—Violations of these rules or any 
 part of the discipline of the Institution, will deprive the 
 prisoner of the benefit of the “Commutation Law.” 
 
 N. B.—Not to be defaced in any manner. 
 
 CHARACTER OF THE BOOKS AND DIRECTIONS TO OBTAIN WHAT 
 
 ARE DESIRED. 
 
 Whole number of Volumes in Library: 
 
 English, ...... 
 
 German, ..... 
 
 French, etc. . . . 
 
 Spanish, 6 ; Italian, 2 ; Latin, 3 ; . 
 
 5445 
 
 77 1 
 
 41 
 
 11 
 
 Character of English Books:— 
 
 Religious, .... 
 Instructive, .... 
 Entertaining, 
 
 773 
 
 135 ° 
 
 3467 
 
IOI 
 
 Character of German Books:— 
 
 Religious, ........ 320 
 
 Instructive, ........ 105 
 
 Entertaining, 346 
 
 DIRECTIONS TO PRISONERS FOR SELECTING BOOKS. 
 
 Draw two lines down the back of your card-slate, 
 and write over the spaces three headings, thus:— 
 
 
 
 
 
 RELIGIOUS. 
 
 INSTRUCTIVE. 
 
 ENTERTAINING. 
 
 
 
 
 
 
 
 
 The numbers of new books will be put down as 
 classed in the Supplement. 
 
 Keep your card-slate clean, and hang up with cata¬ 
 logue when not in use. 
 
 Use only the back of card-slate for putting down 
 numbers. 
 
 Leave upon the slate any numbers placed there by 
 the Librarian, and when any one of your numbers are 
 crossed out as filled, replace them with fresh ones, so as 
 to keep at least 30 numbers constantly on your slate for 
 the Librarian to select from. 
 
 Endeavor to make your figures neat and plain, and 
 renew them if not easily read. 
 
 By conforming to these rules, and putting down 
 numbers from the three divisions,— Religious , Instructive , 
 and Entertaining , you will be more likely to receive such 
 books as you prefer, or have not already had, than if 
 numbers from only one division are put down. 
 
 14 
 
102 
 
 These rules are found to be necessary to insure a 
 just distribution of the books, and it is hoped they will be 
 strictly conformed to. When such is not the case, a 
 book will be selected at the discretion of the Librarian, 
 which will not be exchanged, except at the regular period 
 for doing so. 
 
 TABLE 
 
 Showing Number of Prisoners in receipt of Books, and Number of Books distributed , 
 
 during the year 1871. 
 
 
 January. 
 
 February. 
 
 March. 
 
 April. 
 
 May. 
 
 June. 
 
 July. 
 
 August. 
 
 September. 
 
 October. 
 
 November. 
 
 December. 
 
 Total. 
 
 Books. 
 
 Prisoners. 
 
 Average. 
 
 2584 
 
 583 
 
 4-43 
 
 2.549 
 
 577 
 
 4-43 
 
 3403 
 
 567 
 
 6.00 
 
 2630 
 
 547 
 
 4.80 
 
 2698 
 
 530 
 
 5.09 
 
 2819 
 
 542 
 
 5.zi 
 
 2552 
 
 509 
 
 5.02 
 
 2695 
 
 501 
 
 5.58 
 
 2802 
 
 508 
 
 5.51 
 
 2843 
 
 523 
 
 5-43 
 
 8252 
 
 527 
 
 6.17 
 
 3022 
 
 528 
 
 5.72 
 
 33894 
 
 536 
 
 64.23 
 
 EXPLANATION OF THE TABLES. 
 
 The following tables are prepared for the purpose 
 of showing that between the years 1829 and ’49, and 
 between ’49 and ’72, the attention of the Inspectors has 
 been directed to the investigation of the effects of the 
 separate or individual-treatment system on the convicts. 
 The first period has been designated as that of experi¬ 
 ence and experiment, the latter of development and 
 progress. These tables have been prepared from the 
 statistics presented in the annual reports of the Inspec¬ 
 tors to the Legislature. It will be observed that during 
 the period of development and progress, the statistics 
 have gradually become of increasing value. The subjects 
 have also grown in importance, and the contrast, it is 
 believed, will be indicated by these statistical exhibits. 
 
Comparing the number of Counties sending Prisoners to the Eastern State Penitentiary, the number of Prisoners received, their Ages and Local Relations from 
 1829 to 1849, with those from 1850 to 1871, as given in the Yearly Reports of the Inspectors ; or, exhibiting the yearly increase of Statistical information 
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 GENERAL STATEMENT OF THE PECULIAR FEATURES OF THE 
 ANNUAL REPORTS OF THE INSPECTORS. 
 
 In the Reports for 1830, 1831, 1832, statements 
 showing the prisoner’s number, age, sex, place of nativ¬ 
 ity, when sentenced, sentence, crime, at what court tried, 
 number of convictions and when and how discharged. 
 
 In the Report for 1835, statements of prisoners 
 received and discharged, with their age, sex, color, 
 crime, etc., etc. 
 
 In the Report for 1839, tables of the sickness of white 
 and colored prisoners on admission, also tables of sickness 
 during imprisonment of the white and colored prisoners 
 discharged during the year. Tables of the mental dis¬ 
 orders in Eastern State Penitentiary during 1839. 
 
 In the Report for 1845, tables showing the number 
 of prisoners received at different ages, their health on 
 admission, the proportion that improved or died between 
 different periods of imprisonment, with their employ¬ 
 ments in the institution. Tabular view of the fatal cases 
 from the reception of the first convict to December 
 
 3E I ^45* 
 
 In the Reports from 1846 to 1852, tables of the fatal 
 cases in Eastern State Penitentiary. 
 
 In the Reports from 1847 to 1 871, tables of the 
 occupation of convicts before they were convicted. 
 
 In the Reports from 1854 to 1871, tables showing 
 the occupation of convicts in Eastern State Penitentiary. 
 
 In the Report for 1854, special statements of con¬ 
 victs received and discharged in that year. 
 
io8 
 
 In the Reports from 1855 to 1871, tables of the 
 physical and mental condition of the prisoners in con¬ 
 finement for each year. 
 
 In the Report for 1855, general summary of the 
 convicts in confinement during the year, with their 
 different relations, various* characteristics, crimes, sen¬ 
 tences, etc., etc. 
 
 In the Reports from 1856 to 1871, tables of crimes 
 and sentences of convicts under 25 years of age. 
 
 In the Reports from 1859 to 1871, exhibits of the 
 receptions and discharges each year, with the age, sex, 
 color, place of nativity, crime, sentence, etc., etc. 
 
 In the Report from 1863, a special report on recon¬ 
 victions to Eastern State Penitentiary from October 25, 
 1829, to April 25, 1863, with statistical tables. 
 
 In the Report for 1864, statistical tables of the age, 
 sex, color, crimes, sentences, social, moral, educational, 
 industrial and local relations of the whole number of 
 minor convicts received. A report on the effects of 
 confinement under the congregate and separate systems 
 with statistical tables. 
 
 In the Report for 1865, a special report with statis¬ 
 tical tables on pardoned prisoners. Statistical tables of 
 age, color, sex, crimes, sentences, social, moral, educa¬ 
 tional and industrial relations, etc., of convicts 25 years 
 of age and under. Statistical tables of age, color, sex, 
 crimes, sentences, social, moral, educational and industrial 
 relations of army prisoners. 
 
 In the Report for 1866, a special report with statisti¬ 
 cal tables of convicts, natives of Pennsylvania. 
 
 
109 
 
 In the Reports from 1866 to 1871, tables respecting 
 pardoned prisoners. 
 
 In the Reports from 1867 to 1871, statements show¬ 
 ing overwork made by prisoners in Eastern State Peni¬ 
 tentiary last year. 
 
 In the Report for 1867, a special report on educa¬ 
 tional and parental relations of prisoners with statistical 
 tables. 
 
 In the Reports from 1868 to 1871, tables comparing 
 education versus crimes, and education versus ages. 
 Tables showing the number of deaths annually from the 
 opening of the Penitentiary, among the white and colored 
 population, with the per cents of each class. 
 
 In the Reports for 1870 and 1871, tables showing 
 the number of convicts natives of the United States, Ire¬ 
 land and Germany, respectively, and the crimes com¬ 
 mitted by them, from the opening of the Penitentiary. 
 Tables showing the number of Clerks, or prisoners so 
 educated on admission. 
 
 Tables showing the mental health of convicts on 
 admission and discharge from 1851 ; also, tables showing 
 the number of prisoners in Eastern State Penitentiary 
 who have become insane from 1851, with their mental 
 condition on reception and discharge, etc. 
 
 Tables showing the physical and mental condition of 
 prisoners received. 
 
 In the Report for 1871, tables showing the various 
 characteristics of prisoners admitted during the year as 
 received from the different counties. Table showing the 
 
 15 
 
I IO 
 
 physical and mental health on admission and discharge 
 of prisoners. 
 
 Necrological statement showing the white and col¬ 
 ored population each year from the opening of the Peni¬ 
 tentiary, the number of deaths occurring annually, the 
 health on admission of those who died, their social and 
 moral relations, the cause of their death and the period 
 they were confined before death. 
 
 POPULAR PREJUDICES AGAINST THE SEPARATE SYSTEM. 
 
 The volume entitled “American Notes,” by Mr. 
 Charles Dickens, has had a large circulation in Europe 
 and America. From his description of the Eastern 
 Penitentiary, an impression has doubtless been made 
 on the minds of many persons corresponding to his 
 published idea of the Institution. He thus writes in 
 regard to it: 
 
 “ In the outskirts, stands a great prison called the Eastern Peni¬ 
 tentiary, conducted on a plan peculiar to the State of Pennsylvania. 
 The system here is rigid, strict, and hopeless solitary confinement, I 
 believe it in its effects to be cruel and wrong. In its intention, I am 
 well convinced that it is kind, humane, and meant for reformation; 
 but I am persuaded that those who devised this system of prison dis¬ 
 cipline, and those benevolent gentlemen who carry it into execution 
 do not know what it is that they are doing. I believe that very few 
 men are capable of estimating the immense amount of torture and 
 agony which this dreadful punishment prolonged for years inflicts upon 
 the sufferers, and in guessing at it myself, and in reasoning from what 
 I have seen written upon their faces, and what to my certain know¬ 
 ledge they feel within, I am only the more convinced that there is a 
 depth of terrible endurance in it which none but the sufferers them¬ 
 selves can fathom, and which no man has a right to inflict upon his 
 fellow creature. * * I was accompanied to this prison by two gen¬ 
 
 tlemen officially connected with its management, and passed the day 
 
111 
 
 in going from cell to cell and talking with the inmates. Every facility 
 was afforded me that utmost courtesy could suggest. Nothing was 
 concealed or hidden from my view, and every piece of information 
 that I sought was openly and frankly given. * * * In another 
 
 cell there was a German sentenced to five years imprisonment for lar¬ 
 ceny, two of which had just expired. With colors procured in the 
 same manner he had painted every inch of the walls and ceiling quite 
 beautifully. He had laid out the few feet of ground behind with ex¬ 
 quisite neatness, and had made a little bed in the centre that looked, 
 by the bye, like a grave. The taste and ingenuity he had displayed 
 in every thing were most extraordinary; and yet a more dejected, 
 heart-broken, wretched creature it would be difficult to imagine. I 
 never saw such a picture of forlorn affliction and distress of mind. 
 My heart bled for him, and when the tears ran down his cheeks, and 
 he took one of the visitors aside to ask with trembling hands nervously 
 clutching at his coat to detain him, whether there was no hope of his 
 dismal sentence being commuted, the spectacle was really too painful 
 to witness. I never saw or heard of any kind of misery that impressed 
 me more than the wretchedness of this man .”—American Notes , voL 
 2, page 246, A. Z>., 1842. 
 
 Mr. Dickens visited at his own special request the 
 Eastern Penitentiary. He remarked, when asking for an 
 opportunity to examine the Institution, that “ the Falls of 
 Niagara and your Penitentiary are two objects I might 
 almost say I most wish to see in America. ,, His visit 
 was thorough. He saw everything in the Penitentiary, 
 and all the prisoners that he chose to visit. When about 
 to leave, he remarked to Mr. Bevan, the President of the 
 Board, that he “ Never before saw a public institution in 
 which the relation of “father and family” was so well 
 exemplified as in this.” Not one word of criticism or 
 objection was then or there made. He did not even 
 express a doubt of the success of separate confinement 
 as a system of prison discipline. How could he, for he 
 never understood it? On his return to England, his 
 
I 12 
 
 “Notes” were published, from which the foregoing 
 extract is taken. Mr. Dickens’ recollections of his early 
 life, and the impression then made on him by its 
 associations and privations, perhaps gave, beyond his 
 power of detection, the coloring to his description of 
 the Penitentiary. His delineation of character is 
 marked by the strong contrasts which he paints in his 
 fictions, and, therefore, his account of his visit to the 
 “solitary prison” may be presumed to be exaggerated 
 or untrustworthy. The case of the German prisoner 
 which has been given in full from the “Notes,” justifies 
 this remark. 
 
 This German prisoner, this “picture of forlorn afflic¬ 
 tion and distress of mind,” this “dejected, heart-broken, 
 wretched creature” was sentenced to this Penitentiary 
 for the first time, May 15, 1840, for five years; on 
 June 28, 1852, he was sent to this Penitentiary for 
 one year; February 24, 1855, he was a third time con¬ 
 victed to this prison for two years; April 4, 1861, he 
 came again for one year; on the 12th of March, 1872, 
 he returned to this Penitentiary for two years. Thus 
 this “picture of forlorn affliction and distress of mind,” 
 is now a living, hale, hearty man of seventy-two years 
 of age, having served out nine years of imprisonment, 
 under five different sentences in this penitentiary, with 
 all its horrors and cruelty, such as “no man has a right 
 to inflict on his fellow man:” while the author of the 
 “American Notes,” notwithstanding his associations and 
 journeyings, and his life in the midst of pleasure and 
 friends, sleeps with “ David Copperfield.” 
 
So much for crude and emodonal criticism on an 
 Institution in which punishment is considered with the 
 care, deliberation and thoughtfulness devoted to any 
 other scientific question. 
 
 MODERN ADVOCATES OF THE SEPARATE SYSTEM. 
 
 Since De Tocqueville, of France, wrote his report on 
 prison discipline, there have been several learned and 
 eminent men who have carefully investigated the subject 
 of individual-treatment of convicts as applied under the 
 separate system. In Italy, Belgium and England, many 
 students of penal science, as well as those conversant 
 practically with this subject, have published most interest¬ 
 ing papers in defence of cellular imprisonment. 
 
 In Philadelphia there have been contributed exhaus¬ 
 tive arguments and statistical information, derived from 
 the actual condition of the administration of the separate 
 system at the Penitentiary in that city, both in the reports 
 of the Inspectors to the Legislature, and from other 
 sources. Special reference is here made to William 
 Parker Foulke’s “ Remarks on Cellular Separation,” 
 Phila., 1871 ; and “Journal of Prison Discipline, Phila.,” 
 by the Hon. Joseph R. Chandler. The contributions by 
 Francis Lieber, L.L.D., on the Pennsylvania system are 
 well known. In this connection it is most proper to 
 refer to the book of the Rev. J. Field, Chaplain of the 
 Reading (England) Gaol, entitled “Prison Discipline 
 and the Advantages of the Separate System of Imprison¬ 
 ment,” 2 vol., London, 1848, Longman, Brown, Green & 
 Co., Publishers. 
 
EXTRACTS FROM SOME OF THE ANNUAL REPORTS OF THE 
 INSPECTORS TO THE LEGISLATURE OF PENNSYLVANIA. 
 
 In the Report of 1830, the Inspectors write: 
 
 Believing that an accurate knowledge of the discipline established 
 in the Western State Penitentiary, near Pittsburg, (in regard to which 
 from rumor there was some uncertainty,) might be useful in estimating 
 the operation of that in the East, the President of the Board visited 
 that Institution in June last, to ascertain from personal inspection, the 
 character of the experiment there made, and, it is trusted, the Board 
 can in no wise be regarded as reflecting upon the highly respectable 
 gentlemen who superintend that prison, constructed, as it confessedly 
 was, for solitary confinement, unmitigated by labour, in the remarks 
 here submitted. The ranges of cells being too small and not suffi¬ 
 ciently ventilated and lighted to be used as workshops, appeared to be 
 principally used as dormitories, and he was induced to believe, that 
 convicts could not be advantageously employed therein at solitary 
 labour. The building being also unprovided with separate yards for 
 the different cells, it became necessary to the health of the prisoners 
 to allow them to associate with each other in the common yards, in 
 which the sexes only appeared to be separated. The result of this 
 visit was, a belief that no inference can be drawn from the situation 
 of a prison thus constructed, (as some unfriendly to the system appeared 
 to think,) prejudicial to the permanency of the greatly successful 
 experiment of its operation in the Eastern Penitentiary, in which 
 every prisoner is provided with a separate cell, of ample dimensions, 
 and with sufficient light, communicating with a separate yard, for air 
 and exercise. 
 
 Unbiased by the speculations of enthusiastic theorists, on either 
 side, and unbending to the authority of names, whatever their repute, 
 the Legislature of this Commonwealth, by its statute of the 23d of 
 April, 1829, so far as concerned the offences embraced in that act, 
 committed the ancient penitentiary system of Pennsylvania to the test 
 of actual experiment, in a building adequate to the purpose, content 
 to abide the event, before it should be abandoned, or extended to 
 the whole calendar of penitentiary offences. That system, however 
 imperfectly enforced heretofore, owing to the faulty construction of 
 our prisons, this board considers to be briefly this ; solitary confinement 
 at labour , with instruction in labour , in morals, and in religio?i. The 
 noble structure under the direction of the Board, so honourable to the 
 
liberality and philanthropy of the State, has for the first time presented 
 the opportunity of effectually enforcing this mode of punishing and 
 reforming the violators of the laws of society. In accordance with 
 the views of the Legislature, and in the faithful execution of the trust 
 reposed in the Board, it is now proposed to express a judgment founded 
 on actual experience, of the operation of solitary confinement with 
 labour and instruction, upon the moral and physical powers of the 
 convicts, and of the probable expense to the counties of maintaining 
 their prisoners. 
 
 The evidence of the physician, with the concurring testimony of 
 the warden, whose respective reports to the Board are annexed, and 
 the particular observation of this Board, establish the fact, that neither 
 insanity, nor bodily infirmity, has been produced by the mitigated 
 solitude in which the prisoners are confined. Absolute solitude for 
 years, without labour or moral or religious instruction, probably does 
 bear too severely upon a social being like man, and were such the 
 mode of punishment in this Institution, the Board would feel little 
 hesitation in recommending its repeal, as cruel, because calculated to 
 undermine the moral and physical powers of the prisoner, and to 
 disqualify him from earning his bread at the expiration of his sentence; 
 as impolitic, because, when persisted in beyond a very limited time, 
 it tends to harden rather than reform the offender, while it produces 
 great expense to the public, the prisoner in no way contributing by 
 labour to his support. An opportunity of witnessing the effects of 
 absolute solitude without labour has occasionally been presented, when, 
 as a punishment to a sturdy and disorderly convict, the warden has 
 ordered the light of his cell to be closed; little time has elapsed with 
 the most hardy, before the prisoner has been found broken down in 
 his spirit, and begging for his work and his bible, to beguile the tedium 
 of absolute idleness in solitude. 
 
 From the Report of the year 1834, the following 
 extract is taken: 
 
 The Pennsylvania system is emphatically a mild and humane sys¬ 
 tem. Let us look for a moment at the condition of the majority of 
 those who become subject to its regulation. We find them living a 
 hurried and thoughtless life of hourly excitement, and shuddering at 
 the possibility of a pause which could let in (to them the demon) 
 reflection. W 6 see them wanting the ordinary comforts of clothing 
 and cleanliness, without home save that afforded by chance compan¬ 
 ionship. We find them in the brothel and the gin-shop, giving up to 
 
116 
 
 all manner of excesses, indulging in every extreme of vice, self- 
 degraded and brutal. We see them corrupted and corrupting, initia¬ 
 ting new candidates in the race of misery and dragging them in their 
 own vortex to a death of infamy and horror. Where do we place 
 them, and how do we treat them ? They are taken to the bath and 
 cleansed of outward pollution, they are new clad in warm and com¬ 
 fortable garments, they are placed in an apartment infinitely superior to 
 what they have been accustomed, they are given employment to enable 
 them to live by their own industry, they are addressed in the language 
 of kindness, interest is shown in their present and future welfare, they 
 are advised and urged to think of their former course and to avoid it, 
 they are lifted gently from their state of humiliation ; self-degradation 
 is removed, and self-esteem inducted. Pride of character and manli¬ 
 ness is inculcated, and they go out of prison unknown as convicts, 
 determined to wrestle for a living in the path of honesty and virtue. 
 Is not this humane ? The object of all prison establishments should be 
 to reclaim. The separation of convicts affords facilities (which would 
 be impossible under other circumstances,) to treat each individual case 
 in a manner best adapted to that result. There are no doubt some 
 criminals who are incorrigible, but even with these the vindictive feelings 
 usually generated by prison discipline find no place, and they leave the 
 establishment with sentiments of regard rather than resentment, towards 
 those who have attempted to alter their vicious habits. We are un¬ 
 willing to make any remarks which may appear invidious, but we ask 
 that a single glance shall be taken at any of the other plans now in 
 operation, and then let it be answered whether the Pennsylvania system 
 
 f 
 
 does not possess distinctive features, which entirely change the relation¬ 
 ship of prisoners towards society, and whether it does not embrace an 
 extensive plan of amelioration of their condition. 
 
 In the Report for 1836, the Inspectors say: 
 
 Although a definite labor appears to be assigned, yet inasmuch as 
 the Inspectors may be looked upon as public agents in this particular 
 department, it is hoped they will not be considered as stepping out of 
 their province if they take a more enlarged view of the subject than 
 these limits seem to prescribe. The present Inspectors stand in a pe¬ 
 culiar relation to the Commonwealth, they were the friends and associates 
 of the promoters of the system, and were in the habit of discussing 
 the subject of Penitentiary regulations in all its bearings. They were 
 fully imbued with the principles and views of its advocates, and the 
 majority of them took an active part in calling into operation the schemes 
 
ii 7 
 
 of those who felt the necessity of a reform in the criminal jurisprudence 
 of the State. 
 
 The experiment at the time was a bold one, and was attended with 
 difficulties at its commencement that would have damped the courage 
 of any set of men less persuaded of the practicability of a plan which 
 years of deliberation had decided to be the true one. Opposed at home 
 by a respectable number of our fellow citizens, who, with views quite as 
 honest, held adverse opinions; its main principles questioned by a com¬ 
 mission of our own State especially instituted to examine the subject; 
 assailed by the official agent of an influential and indefatigable society of 
 a sister State, because it conflicted with his favourite system: attacked 
 from abroad by persons of high consideration in the moral and political 
 world, who had become endeared to America by their military and other 
 services, the friends of the Pennsylvania system held their course un¬ 
 checked, and with steadiness and perseverance worthy the cause, made 
 their opinions public sentiment, and the State at length passed the law 
 which will render her character for philanthropy pre-eminent. 
 
 The experiment at the outset was attended with an expense which 
 even a great nation has paused to incur, and is only to be reconciled by 
 the prevalent humanity of the people of Pennsylvania, which yearned 
 to ameliorate the condition of her criminals, and to substitute a moral 
 and wholesome atmosphere in lieu of the vicious miasma which pervades 
 great communities. 
 
 Accustomed to look at the great results of the law, the Inspectors 
 hold themselves excused, if in attempting to satisfy the public mind as 
 to the wisdom of the measure, they should take a more comprehensive 
 view of the subject than may seem to be required by the letter of the 
 act of their appointment. Being called upon to attend to the operation 
 of a system which was urged upon the State, and to test a theory by its 
 practical results, the duty was entered upon with much anxiety and 
 some little distrust, and the Board have hitherto delayed a positive as¬ 
 sertion in its favour, until it is forced from them by evidence which 
 appears to be incontestable. 
 
 The Report for 1844, contains the following: 
 
 The Inspectors believe that the following conclusions irresistibly 
 present themselves, as the result of the above comparison of the two 
 systems. 
 
 1. That the separate system prevents the commission of crime. 
 
 2. That it is pre-eminently calculated to induce and effect reform, 
 in the minds of the prisoners. 
 
 16 
 
118 
 
 3. That the health of the prisoners is equal to that of any com¬ 
 munity, and is not, in the least, injuriously affected by the system. 
 
 4. That mortality, under the separate system, is not greater than 
 that of any other,system of prison discipline. 
 
 5. That the discipline, and the proper administration of the sys¬ 
 tem, is superior to all others. 
 
 6. That, of the objections which have been urged against the 
 system, none have been realized. 
 
 It may be proper here to remark, that the term 11 solitary or sepa¬ 
 rate confinement ,” refers to the fact that each prisoner is alone , in 
 contradistinction to the “aggregate confinement,” or “silent system,” 
 where prisoners are in gangs, or together in large or small numbers. 
 The prisoners in the separate or solitary prisons have the same inter¬ 
 course with all, but their fellow convicts, and an idle curiosity, as in 
 other systems—and the idea that prisoners are shut up, and shut out, 
 from all intercommunication with the good and the instructive, is an 
 error—a gross error. They have that, at all times, besides almost 
 hourly intercourse with their overseers and other officers of the prison. 
 
 In the last annual report of the Inspectors, they say, that “ fully 
 impressed with the necessity of a watchful care over the moral and 
 mental improvement of the prisoners, as constituting a fundamental 
 principle in this, as in all penitentiary reform, are endeavoring to effect 
 some improvements in the present plan of such instruction, particularly 
 as relates to the education in reading and writing, thereby to enlarge 
 the number of those who obtain this knowledge while in confinement.” 
 
 Within the last year, the moral and rudimental instruction has 
 been divided. The former has been left, as heretofore, under the law, 
 together with such religious teaching as each prisoner may desire, and 
 from whatever professional teacher he may select. The latter has been 
 entrusted to a competent person, who acts as an overseer when re¬ 
 quired. Ample time is thus given to both branches of learning; and 
 thus a schoolmaster has been successfully introduced into the prison, 
 whose chief duty it is to teach the ignorant to read and write, and 
 practical arithmetic. 
 
 The Inspectors in their Report for the year 1846, 
 report as follows: 
 
 What may be the analogy between crime and disease so far as re¬ 
 lates to general cause and effect in the moral and physical constitution, 
 is not intended to be here the subject of discussion. It may, however, 
 become the theme for serious and important inquiry and examination. 
 
The causes of crime as certainly exist as the causes of disease, for 
 both are but effects in themselves. Some crimes are committed from 
 an imperfection in the moral organization, while others are the result 
 of sudden and exciting moral affections; the former will continue to be 
 repeated so long as the cause remains, and the latter may never occur 
 again, because the excitement may never reappear. The effect of 
 punishment in these two cases would be different, and hence a primary 
 object of punishment should be to correct the cause of the moral dis¬ 
 turbance which has produced the crime. The separate system is 
 peculiarly adapted to such purpose, and as the subject of Prison 
 discipline continues to receive the attention of the intelligent observer, 
 unforeseen benefits may result from the adaptation of punishment to 
 the correction or remedy for these moral disorders. 
 
 The aim and end of imprisonment for crime is punishment, as the 
 first consequence , and in considering the subject of Penitentiary disci¬ 
 pline, care should be taken not to lose sight of this primary object. 
 The law consigns the convict to restraint of his personal liberty in a 
 prison for a violation or infraction of its decrees, and in the prison he 
 is to be subjected to treatment which is in unison with the object for 
 which he was sentenced. The judgment of conviction is but a for¬ 
 feiture of certain natural rights, as a recompense to society for his 
 inability to regard and obey those regulations which have been estab¬ 
 lished for the protection of the rights of individuals which constitute 
 such community. At this point the power of the law ceases over the 
 convict, for it has exhausted its power in the accomplishment of all its 
 ends. By the present enlightened policy of our State Penitentiary 
 discipline, the convict thus situated, while undergoing punishment, is 
 sought to be improved, benefited, reformed. In this, society has a 
 deep interest; for if the convict at the expiration of the term of impris¬ 
 onment is improved in his moral character—encouraged to refrain 
 from the commission of offences against the law—reformed in his 
 habits—and taught those religious or moral lessons of practical utility, 
 which will avail him on his again co-mingling with society—deterred 
 by punishment from crime, the community has gained two-fold by such 
 an imprisonment—it has punished and improved a prisoner, and made 
 an example for the warning of all who are, or may be disposed to 
 become enemies of social order. 
 
 To these ends the separate system of Penitentiary discipline is 
 eminently conducive; and as they are and ever should be the promi¬ 
 nent features of Prison discipline, that system which promotes them 
 with the most certainty and effect, should be considered as the best 
 adapted to the purposes which an enlightened people, a regenerated 
 
I 20 
 
 penal code, and the instincts of a just and benevolent public opinion 
 should seek to attain. Pennsylvania has nobly set the example; she 
 made the experiment at a time when doubts and difficulties, impedi¬ 
 ment and hindrance, were clouding the prospect—but year after year 
 has brought to light the wisdom of the founders of the system, and 
 added proof upon proof of its complete success. It is now no longer 
 an experiment; but the separate system of Prison discipline speaks in 
 the voice of experience, subjected to the test of strict trial, to the 
 spirit of progress of this age. Its arguments are facts; and its power 
 of convincement over the minds of the enlightened, and unbiased, and 
 unprejudiced, is found to exist in the cumulative evidence which is 
 adduced to maintain, that all it ever promised has been more than 
 realized. 
 
 Irrespective of the results which are to be found in our own State 
 and Federal Union in support of the great features of our Prison 
 reform and meliorated discipline, the testimony of France, England, 
 and Prussia, is fully sufficient to seal its success. In these countries 
 the system has been subjected to the most scrutinizing examination, 
 and the most able and distinguished champions of social improvement 
 have, after long and arduous inquiry, awarded to the Pennsylvania 
 system their support. However these lights may be sought to be kept 
 “hidden under a bushel,” they have nevertheless shown in the bright¬ 
 ness of honest conviction. It is not to be supposed that improvements 
 are not, or have not been suggested, on the plan of the administration 
 of the separate system; this has never been asserted: but whatever 
 these improvements may be, so long as the distinctive features of the 
 Pennsylvania plan are adhered to, so long will that system remain in 
 its original integrity. These features are—separation of the prisoners 
 from each other at all times—moral and intellectual improvement—honest 
 and persuasive ejforts to reform and reclai?n the prisoners. Prevention , 
 by this constant separation from each other of the evil of contamination 
 and the prejudicial influence which must arise fro??i the association of the 
 more or less hardened offenders . The prevention by separation of the 
 acquaintance and knowledge which the community of evil-7nindedpersons 
 obtain of each other by association in the place of punishment. The 
 ability which is afforded by the separatio?i of offenders , to individualize 
 the corrective a7id refonnatory treat7ne7it best suited to their peculiar 
 characters . The almost certam co7isequence which results fro77i the 
 separate syste7n, of making these 710 worse who cannot be 77iade better by 
 the infliction of the punislwient they undergo. The addition of all 
 improve77ie7its which experience and not 77iere theory s7iggests in the 
 i77iprover7ie?it of the 7noral a7id physical co7idition of the priso7iers. 
 
I 2 I 
 
 These are the principles on which the Pennsylvania system is based, 
 these rendered it antagonistical to the congregate system. If expe¬ 
 rience has proved that one plan is better than the other, if the prisoner 
 and the community are benefited by the operation of one rather than 
 the other, then to the best mode the other must give place. Improve 
 the details of administration as they require and as experience suggest, 
 and the consequences must be that these improvements will only tend 
 to increase the superiority of the separate system over all others. 
 
 In the Forty-second Report of the Inspectors to the 
 Legislature, dated February 27th, 1871, they say: 
 
 It will be observed by the returns made by the Inspectors in this 
 Report that a large number of prisoners have been sentenced for unu¬ 
 sually long terms of imprisonment. These were for crimes of the 
 highest grades, and the individuals are reported to be men of danger¬ 
 ous character in society. When it is known that by the Commutation 
 Law a ten-year sentence can, by the “good conduct” of the prisoner, 
 be diminished by, at least, 23 months, based on the ratio directed in 
 the law, there is no real advantage to the public from these sentences. 
 The words of the law are: “One month on each of the first two 
 years, of two months on each succeeding year to the fifth year, and of 
 three months on each following year to the tenth year, and of four 
 months on each remaining year of the term of their sentence.” It 
 never has been the opinion of the Inspectors of this Penitentiary that 
 long sentences to this Institution, or any penitentiary on the separate 
 or individual-treatment system, are productive of benefits to the State 
 or the convict. The certainty of punishment is more to be regarded 
 than its duration, so far as society is protected and crime punished, 
 by the example of convictions of offenders. Ti??ie is no true element 
 in punishment by imprisonment. Long sentences do not reform the 
 individual, nor protect the public security, nor produce that fear in 
 the crime class which prevents their committing crime. The fact that 
 every offender is punished for his crime, has the effect which is sought 
 to be produced by penal laws. 
 
 In the Massachusetts State Penitentiary, during the year ending 
 September 30, 1870, there was a total population of 774 convicts. Of 
 these 63 were pardoned. The sentences of 6 of those were for life, 6 
 for 10 years, 2 for 20 years, 2 for 15 years, and the others for from 1 
 to 10 years each. The better way to state it will be to say that of 57 
 prisoners, the 6 for life omitted, the average sentence was 7 years, 3 
 
122 
 
 months, and n days, while the time served when they were pardoned 
 was 4 years, 2 months, and 8 days. It is not, therefore, a patent 
 remedy for heinous offences that the convict is sentenced for long 
 terms, or even “for life” imprisonment, in that State, where, it is to 
 be presumed, the action of the public authorities is governed by 
 integrity, wisdom, and intelligence. 
 
 It it stated that the Executive of the State of New York, during 
 the year 1870, issued 85 pardons, 34 commutations, and 1 reprieve. 
 Of the pardons, 16 were on account of ill health; 5 insane; 10 inno¬ 
 cent ; and 3 for discovering plots among prisoners. Of the pardoned 
 prisoners, 2 were sentenced for 20 years; 5 for 15 years; 9 for 10 
 years; 1 for 19 years; 2 for life; and 3 were sentenced to be hung. 
 All but two were sentenced since i860. 
 
 No reference is here made of the “commutation,” for shorter 
 periods of imprisonment than the sentence. 
 
 During the year 1870, of the 953 total population in this Peniten¬ 
 tiary, 14 were pardoned. Of these, 13 were by the State of Pennsyl¬ 
 vania, and 1 by the United States: for ill health, o; insane, o—all 
 14 for special reasons. 
 
 The average term of sentences was 3 years, 9 months, and 23 days ; 
 and the average time served, 1 year, 8 months, 1 day. 
 
 To a prison on the separate system, the average sentences for the 
 lesser degrees of crime, when punishment promptly follows the offence, 
 might be fixed at two years as the maximum, while a five years’ sen¬ 
 tence in most cases might be sufficient for those offences in the com¬ 
 mission of which human life was not put in peril. For young offenders, 
 for their first offence , it is very questionable if any advantage results 
 to society or the individual, by a longer imprisonment than one year, 
 unless for exceptional cases. 
 
 It is to be remarked that the primary object of a wise administra¬ 
 tion of penal laws regulating the punishment by imprisonment of indi¬ 
 viduals, should be to prevent the creation of a crime-class by the 
 association of convicts in communities, after their imprisonment is 
 terminated. The consequences resulting from such a state of things 
 are to be feared, since by this association, desperate men, each known 
 to the other to have been a convict, conspire to commit crimes, and 
 by this association they more easily escape arrest and defy convic¬ 
 tion. The separate system of imprisonment, on this ground, is a 
 protection to the public, while it presents the best opportunity for 
 introducing to the convict’s attention those reformatory agencies 
 which it is the part of Christian benevolence ever to hold out to the 
 just and the unjust. 
 
123 
 
 The Inspectors feel justified in calling to the attention of the 
 Legislature the most gratifying fact that in other States, some of the 
 prominent features of the administration of the Pennsylvania system 
 of Penitentiary discipline are receiving both recognition and approval. 
 For many years past the Inspectors, in their Annual Reports to your 
 Honorable Bodies, have given the convictions of their judgment, 
 from practical experience, that the government of penal institutions 
 should be entrusted to those whose capacity, knowledge, experience, 
 and integrity alone qualify them for such responsible duties. It has 
 been found in this Penitentiary that honesty and capability, with intel¬ 
 ligent observation of the practical working of the system of punish¬ 
 ment, on the part of the executive officers were essential to secure the 
 purposes of penitentiary discipline. Frequent change in the executive 
 officers, or their selection on any other recommendation than fitness 
 and fidelity, has ever been condemned as most injurious to the inter¬ 
 ests entrusted to the Inspectors to guard. Almost alone in these 
 opinions for so long a period of time, it is now with great satisfaction 
 the Inspectors learn that the Prison Discipline Association of the 
 State of New York, in a public meeting, adopted a “Memorial” to 
 the authorities of that State, which thus gives testimony in support of 
 the Pennsylvania practice in this respect: 
 
 The remedy which the Association proposes is a radical one, involving an entire 
 change in the organization of the government of the prisons. Their examination 
 has extended over the whole period of the existence of the present form of that 
 government. They say: 
 
 By the Constitution, all the .State Prisons are put wholly under the government 
 of three Inspectors, who hold office for three years, and are elected one every year, 
 and who superintend the State Prisons and appoint all the officers therein. They are 
 called Inspectors, but are in fact governors of the prisons and controllers of the system, 
 subject to no supervision or inspection, except such as the Legislature may direct, 
 and that of the imperfect power given to the Prison Association. Every year one of 
 them is thrown into the arena of party politics. 
 
 The “ Memorial ” proposes the State Constitution to be amended 
 so that— 
 
 There shall be a Board of Managers of Prisons, to be composed of five persons 
 appointed by the Governor, with the advice and consent of the Senate, who shall 
 hold office for ten years. 
 
 That Board shall have the charge and superintendence of the Prisons, and have 
 such powers and perform such duties in respect to other prisons in the State as the 
 Legislature may prescribe. 
 
 They shall appoint a Secretary who shall be removable at their pleasure, and 
 perform such duties as the Legislature or Board may direct, and receive a salary to be 
 determined by law. 
 
124 
 
 The Board shall appoint the Warden, Clerk, Physician, and Chaplain of each 
 State Prison, and shall have power to remove them for cause only, after opportunity 
 to be heard on written charges. 
 
 All other officers of each prison shall be appointed by the Warden thereof, and 
 be removable at his pleasure. 
 
 The Governor may remove any of the managers for misconduct or neglect of 
 duty, after opportunity to be heard on written charges. 
 
 The five managers first appointed shall, as the Legislature may direct, be so 
 classified that the term of one shall expire at the end of each two years during the 
 first ten years. 
 
 This amendment shall go into effect on the first Monday of January next after its 
 adoption by the people. 
 
 If you, Gentlemen of the Legislature, will refer to the recent 
 Reports from the Inspectors of this State Penitentiary, you will observe 
 that the “ contract system ” of employing convict labor has been 
 condemned as most injurious to society, unjust, and unworthy of an 
 enlightened civilization. 
 
 Under this plan of working convicts, in congregation, by contract 
 with employers, every consideration but the benefit of the convict was 
 absorbed in profit-making out of the criminals whom the State pun¬ 
 ished for violating its laws. This profit was the claimed advantage of 
 this plan of labor, so unworthy of a people who thus justified the 
 brutalizing of those who were young, or convicted for a first offence, 
 as well as those who had, it might be, some redeeming characteristics, 
 in one common mass with the atrocious and hardened veteran in a life 
 of crime. The Inspectors, in these Reports, were the only protestants 
 against this contract system. The experience however, of the Society 
 alluded to has, at last, enabled it, in the “ Memorial ” to which refer¬ 
 ence has.been made, thus to condemn this plan of prison labor. 
 
 Thus the “ Memorial ” continues : 
 
 ******** ** 
 
 On the other side of the account this tendency to augmentation does not seem to 
 have prevailed to the same extent. In Sing Sing, in 1847, convicts put on contracts 
 were let at 35 cents a day; in 1869, they were let at from 30 to 40 cents a day. In 
 Auburn they were let, in 1847, at from 30 to 50 cents a day; and in 1869, at an 
 average of 50 cents a day. Thus while the rate of wages, inuring to the benefit of 
 the State, increased not over 50 per cent, the expenditures, at the cost of the State, 
 increased during the same period at the rate of 300 per cent. The contract system 
 seemed, even to the Inspectors to be a failure, they have attempted within the last 
 five or six years to abandon it in a measure, and have had recourse to labor conducted 
 under their immediate supervison, with what success the foregoing statements show. 
 Within the past five years, from 1865 to 1869 inclusive, the deficiency of earnings to 
 pay expenses has been $1,094,151.05—an amount larger than the deficiencies of the 
 whole previous 18 years; and the appropriations from the State Treasury have been 
 
125 
 
 $4> I 93»7bo ° 7 > being about equal in amount to the appropriations for all those previous 
 years. 
 
 Again from this “ Memorial 
 
 The effort, however, during the whole of the last twenty-two years, has been a 
 failure, and is, year after year, becoming more signally and disastrously so. 
 
 The following is a table of the number of prisoners at the beginning and the end 
 of the present system: 
 
 1848. 1869. 
 
 Auburn. 473 950 
 
 Sing Sing . 604 1,279 
 
 Female. 84 130 
 
 Clinton. 181 504 
 
 Asylum (not built until 1859). — 78 
 
 Total.1,342 2,932 
 
 Increase, 119 per cent. 
 
 EXPENDITURES FOR THE SAME PERIOD. 
 
 1848. 1869. 
 
 Female.$11,790 54 $25,856 26 
 
 Sing Sing. 97,221 41 351,032 57 
 
 Auburn.66,969 41 171,015 81 
 
 Clinton.41,510 16 317,309 70 
 
 Asylum. — 13,954 92 
 
 $217,491 52 $879,219 26 
 
 Increase, over 300 per cent. 
 
 The following shows the condition of affairs from the beginning of the system to 
 the present day: 
 
 TABLE OF PROGRESS FROM 1 847 TO 1 869, INCLUSIVE. 
 
 Number of 
 
 Years. 
 
 
 
 Prisoners. 
 
 Expenditures. 
 
 Earnings. 
 
 Deficits. 
 
 1847 • 
 
 
 
 . 1,421 
 
 $125,833 85 
 
 $120,860 08 
 
 $ 4,973 
 
 77 
 
 1848 . 
 
 
 
 . 1,366 
 
 204,091 80 
 
 110,658 94 
 
 93,432 
 
 86 
 
 1849 • 
 
 
 
 • 1,380 
 
 188,754 74 
 
 139,285 34 
 
 49,469 
 
 40 
 
 1850 . 
 
 
 
 . 1,621 
 
 208,397 74 
 
 158,422 25 
 
 50,975 
 
 49 
 
 1851 . 
 
 
 
 • 1,703 
 
 266,011 20 
 
 178,914 09 
 
 27,097 
 
 11 
 
 1852 . 
 
 
 
 . 1,852 
 
 211,751 80 
 
 193,303 11 
 
 18,448 
 
 69 
 
 1853 • 
 
 
 
 . 1,967 
 
 250,818 24 
 
 2l6,IIO 65 
 
 34,707 
 
 59 
 
 1854 . 
 
 
 
 . 2,005 
 
 272,413 03 
 
 213,178 03 
 
 59,235 
 
 00 
 
 1855 • 
 
 
 
 • i ,957 
 
 233,445 59 
 
 197,230 29 
 
 35,215 
 
 30 
 
 1856 . 
 
 
 
 . 1,910 
 
 223,477 99 
 
 197,105 13 
 
 25,372 
 
 66 
 
 1857 • 
 
 
 
 . 1,890 
 
 212,714 17 
 
 191,783 63 
 
 20,930 
 
 54 
 
 1858 . 
 
 
 
 . 2,126 
 
 250,35b 02 
 
 149,173 93 
 
 101,182 
 
 04 
 
 1859 . 
 
 
 
 • 2,538 
 
 279,333 6 8 
 
 189,836 52 
 
 89,497 
 
 16 
 
 i860 . 
 
 
 
 . 2,729 
 
 291,744 69 
 
 238,627 56 
 
 53 ,H 7 
 
 13 
 
 l86l . 
 
 
 
 . 2,818 
 
 388,904 76 
 
 265,552 78 
 
 23,351 
 
 98 
 
 1862 . 
 
 
 
 . 2,697 
 
 294,685 57 
 
 228,481 51 
 
 66,204 
 
 06 
 
 1863 . 
 
 
 
 . 2,131 
 
 291,216 53 
 
 228,330 74 
 
 62,885 
 
 79 
 
 1864 . 
 
 
 
 • i, 9 i 5 
 
 342,794 55 
 
 255,957 81 
 
 86,836 
 
 63 
 
 1865 . 
 
 
 
 . 1,885 
 
 414,713 3 ° 
 
 202,506 57 
 
 212,306 
 
 73 
 
 1866 . 
 
 
 
 . 2,368 
 
 463,995 46 
 
 229,413 83 
 
 234,581 
 
 63 
 
 1867 . 
 
 
 
 . 2,920 
 
 779,579 61 
 
 600,013 43 
 
 179,566 
 
 18 
 
 1868 . 
 
 
 
 . 2,881 
 
 844,373 93 
 
 601,630 o 5 
 
 242,734 
 
 88 
 
 1869 . 
 
 
 
 • 2,930 
 
 879,219 26 
 
 654,157 68 
 
 225,061 
 
 63 
 
 Making an aggregate deficit in 23 years of . . $1,997,084 45 
 
 17 
 
The foregoing statements, though they show a result sufficiently disastrous to 
 convince the Association that the present system is financially a failure, do not show 
 the whole extent of the disaster. 
 
 These quotations from the “ Memorial” are made with satisfaction, 
 because they are most important testimony in themselves, and unwil¬ 
 lingly sustain the Inspectors of this Penitentiary in their expressed 
 opinions on the subject, and show that the time is coming when the 
 broader and more philosophic views of penitentiary discipline which a 
 scientific examination of so increasingly important a subject will pro¬ 
 duce, may yet become triumphant over the ignorance of bigotry, or 
 the baser, ignoble, and narrow motives which have so long controlled 
 the partizan management of institutions too generally considered 
 only as public receptacles for convicted felons. It would have been 
 worthy of those who in this “Memorial” have so thoroughly ex¬ 
 posed the evils against which they invoke rebuke and remedy, if 
 they had, at least, given to Pennsylvania some credit for a consis¬ 
 tent opposition to them. It would have been simple justice to our 
 State, to have pointed to her as an example for the reforms which 
 the Memorial now so markedly approves and advocates, in the Peni¬ 
 tentiaries of New York. 
 
 The following extract from the “Memorial” is so thorough a 
 justification of the discipline, as well as the “separate system” itself, 
 contrasted with the “ congregate plan,” now adopted in New York, 
 and heretofore claimed to be the best system of prison government, 
 that it needs no comment: 
 
 Moral Administration. —It is now about 25 years since a change was 
 introduced into the moral government of our prisons. Prior to that time the 
 prominent ideas had been punishment and earnings. This change was the 
 introduction of rewards as well as punishments, and keeping the reformation of 
 the prisoners in view as the main object. Appended is a brief enumeration of the 
 measures employed, of their defective execution, and of the benefits that may result 
 from them. 
 
 The Mode of Enforcing Obedience .—Formerly it was by means of the whip, but 
 with occasional resorts to other means of violence. In 1830 the use of the whip was 
 abolished among the females, and in 1849 among the males, except in cases of 
 insurrection, revolt and self-defence. The substitute provided for it by law was soli¬ 
 tary confinement; and in the latter year the law directed solitary cells for that purpose 
 to be built in all the prisons. Those cells have not yet been built, and during the 
 succeeding twenty years other means of force were resorted to, until, in 1869, such 
 means, so far as they assumed the form of the “ shower-bath, crucifix, and yoke and 
 buck,” were forbidden. This was done without providing any substitutes, and the 
 consequences were disastrous. As soon as the passage of the law was known, a 
 general uneasiness in all the prisons was shown. This was followed by individual 
 
127 
 
 acts of violence. At Auburn a keeper was assaulted by a convict, struck down by a 
 hammer, and his life saved only by the interposition of another convict. At Clinton 
 a keeper was stabbed, and disabled for life; and at Sing Sing a keeper was struck 
 down by a bar of iron, and the officers fired upon by a convict. Then ensued more 
 general movements. At Auburn whole shops refused to work. At Sing Sing 150 
 convicts, on one day, and some 500 or 600 the next day, refused to work; and at 
 Clinton there was a general conspiracy to escape, which was fortunately discovered 
 in time to be prevented. At Sing Sing 20, at Auburn 12, and at Clinton 10 of the 
 ring-leaders were kept in irons and chained to the cells for several months, 
 and it is believed that nothing but the action of the well-disposed among the 
 prisoners prevented more general outbreaks, and perhaps an emptying of our 
 prisons of the great body of their inmates. The use of blows upon the prisoners is 
 forbidden only in our State Prisons. In all the local Penitentiaries, to which 
 many of our State prisoners have been removed, it is still allowed; and in the State 
 Prisons it seems to be left to the discretion of the officer immediately in charge to 
 determine what is the condition of revolt, insurrection, or self-defence, which will 
 justify a resort to the whip. A general system of discipline to prevail alike in all 
 the prisons, and which shall prevent the officers immediately affected by disorder 
 from acting as complainant, judge and executioner, and which will cultivate the 
 habit of self-government now so predominant among the great number of the pris¬ 
 oners, is a measure greatly to be desired. 
 
 The Introduction of Libraries. —This was begun before the adoption of our 
 present Constitution. So thoroughly was this sanctioned by the Legislature that, 
 during the past 24 years, appropriations for this purpose have made to the amount of 
 about $20,000, and the agents were directed to append to their annual reports a cata¬ 
 logue of the prison libraries. This duty has never been performed. 
 
 Teaching the Prisoners. —The law has provided, in this respect, that the 
 chaplains, besides religious services in the chapels, shall visit the convicts in 
 their cells, and devote one hour each work-day, and the afternoon of each Sun¬ 
 day, to giving them religious and moral instruction. So the law has provided 
 for ten teachers in the prisons, at an annual expense of $i,5°°> to instruct the 
 unlearned in the first rudiments of education. In these respects, also, there is a 
 great waste of the wise benevolence of the law, owing to the absence of a well- 
 digested plan of instruction; for at present the system of instruction is so conducted 
 as to amount to a farce. 
 
 Overwork and Aid to Discharged Convicts. —The original allowance to convicts 
 on their discharge was $3 to each from the prison funds. It is now increased to $10; 
 and a practice has grown up, not yet sanctioned or organized by law, of allowing the 
 prisoners to earn money for themselves, over and above their allotted stents. This 
 also demands an organized system to prevent an abuse of the privilege by prisoners 
 and contractors, to guard against unjust partiality by the officers in charge, and to 
 accord it impartially to all. 
 
 Commutation of Sentence. —There is now prevailing in all our State Prisons (but 
 not in all local ones) a measure of enabling the convicts, by their own good conduct, 
 to shorten their terms of imprisonment. In 1863, out of 1,123 prisoners who left 
 during the year, only 82 left by expiration of sentence, while 829 went out by com¬ 
 mutation under the law. In this there is great danger, as well as the actual existence 
 
1 28 
 
 of partiality and injustice, which nothing can prevent so well as the creation of an 
 intelligent and judicious tribunal. 
 
 Notwithstanding this is the Forty-second yearly Report of the 
 Inspectors to the Legislature of this State on the practical results of 
 the Pennsylvania system of separate treatment of prisoners, yet even 
 now there are many, professing to be possessed of general information 
 on penal science as applied to prison populations and systems of con¬ 
 vict punishment, who entirely mistake the principles, and are ignorant 
 of the practical results, which these Reports exhibit of the Pennsyl¬ 
 vania system of Penitentiary convict discipline. 
 
 It is not possible in this Report, to condense the statements made 
 in the forty-one which have preceded it. But justice to this Peniten¬ 
 tiary, at least, requires that for the past year, 1870, a comparison 
 should be made of the exhibits of one Penitentiary on each system of 
 convict treatment. The Charlestown Penitentiary of Massachusetts is 
 taken as best managed on the congregate, and this Penitentiary, on the 
 separate system, for this purpose. 
 
 In the Massachusetts Penitentiary the total population for 1870 is 
 given as 774. Out of this number there were 14 deaths, or 1.81 per 
 cent. 
 
 In this Penitentiary the total population for 1870 was 953. 
 Out of this number there were 12 deaths, or 1.26 per cent. The 
 difference in population is as 774 is to 953, or 179 excess in this 
 Penitentiary. 
 
 Of the 774 in Massachusetts, 63 convicts were pardoned. 
 
 Of the 953 in Pennsylvania, 14 convicts were pardoned. 
 
 In the Massachusetts Penitentiary 2 convicts were sent to the In¬ 
 sane Asylum. 
 
 In this Penitentiary 3 convicts were of unsound mind; but, by 
 the treatment in the Penitentiary, are reported by the Resident Physi¬ 
 cian, Dr. Klapp, to be “fully restored to reason.” 
 
 As to the discipline or government of the prisoners in the 
 Massachusetts Penitentiary, it is stated that “it is not to be sup¬ 
 posed that six hundred men, some of them unquestionably bad, but 
 “more of them unfortunate; some of them receiving the just reward 
 “for crimes committed, whilst others, in their own minds at least, 
 “are suffering unjustly, can be managed and controlled without occa¬ 
 sional friction.” 
 
 In this Penitentiary the discipline has been maintained; for it 
 appears that “we have had a prison populatian of 953 convicts, many 
 “ of whom are among the most desperate men who have ever been im- 
 
“prisoned within these walls. Yet quiet and good order have pre- 
 “ vailed, and by the vigilance and active care of the officers no escape, 
 “even into the yard, has been effected, and no harsh or severe treat - 
 “ ment has been found needful.” 
 
 The above extracts, at least, suggest the inquiry, if congre¬ 
 gating into one mass those convicts, the control of whom is described 
 as producing “occasional friction ,” is the wisest plan for their proper 
 government, or for the best interests of society. 
 
 In Massachusetts, with 774 convicts as the total population for 
 1870, “our expenses,” as given, were $122,265.72. 
 
 In this Penitentiary, with a total population for 1870 of 953 con¬ 
 victs, our expenses were $98,886 48. 
 
 In the Massachusetts Prison the recommitments on 774 convicts, 
 total population during 1870, were 100, or equal to 13.44 per cent. 
 
 In this Penitentiary the total recommitments on 5,298 convicts, 
 the whole number liable to reconviction since 1829, were 532, or for 
 say 40 years, 10 per cent. 
 
 It is shown by this comparative statement that the “separate 
 system” has triumphantly vindicated itself against open, as well 
 as covert assaults, which ignorance, prejudice, or that “little know¬ 
 ledge” so dangerous in scientific studies have from time to time 
 made against it. 
 
 It would not be presuming too much to believe that you, Gentle¬ 
 men of the Legislature, will invoke the experience of this State 
 Institution before enacting into laws measures relating to convict dis¬ 
 cipline, penal jurisprudence, or crime cause either for prevention or 
 punishment. Surely the knowledge of facts, and the practical work¬ 
 ing of principles or theories on penal science for a period of 40 years, 
 might be important to test either new propositions, or determine the 
 proposed benefits that the love of change always promises as the 
 undoubted results thereby to be attained. 
 
 The necessity for legislation pre-supposes an understanding of the 
 subject-matter, and no source of information which is reliable, or ex¬ 
 perience which is respectable, or knowledge which has been carefully 
 and intelligently acquired, should be ignored while such legislation is 
 being perfected for its purpose. Your own experience, Gentlemen of 
 the Legislature, makes this self-evident. 
 
 While the primary purpose of this Report to the Legislature, is to 
 comply with the law directing it to be made, yet the scope of the 
 direction that besides the specific return, “such information ” may be 
 given as may be deemed “expedient” for making this “Institution 
 effectual in the punishment and reformation of offenders,” implies 
 
130 
 
 the expression of such suggestions as more generally relate to the sub¬ 
 ject of penal jurisprudence. 
 
 It is believed that the statistical information contained in the 
 tables submitted, indicates the careful investigation of the case of each 
 convict, and the confidence established between the individual and 
 the prison authorities. This tends to create in the mind of the pri¬ 
 soners the impression that though convicts, human sympathy is not to 
 be denied them, and that even in prison, there is an interest felt in 
 their welfare and improvement. To some, this is a first lesson in 
 reformation; with others, it awakens the good impressions of child¬ 
 hood. The influence on all is to facilitate the acceptance of any 
 agencies that are designed for reform. 
 
 But, apart from these considerations, the contributions made in 
 these reports to penal science, limited, though they are to the investi¬ 
 gation of the population of this Penitentiary, it is hoped will invite 
 the Legislature to favorably consider the great importance of author¬ 
 izing by law, comprehensive reports to be obtained by a Department 
 of the State Government on those subjects, which are intimately 
 connected with unhealthful developments in the social conditions of 
 certain classes in the whole population. 
 
 If such information could be obtained and systematically ar¬ 
 ranged, it would enable the Legislature to understand what legislation 
 was most necessary for the public good. 
 
 Crime cause would be better understood, prevention and punish¬ 
 ment could be so adjusted as to separate the proper treatment of those 
 who most needed either, under laws adapted to each. 
 
 It might be then ascertained that industrial schools and reforma¬ 
 tory institutions for the first offences of the young offenders, were 
 more essential than neglected or ill-regulated prisons or more peni¬ 
 tentiaries. 
 
 From such information, the conclusions might be arrived at, that 
 county prisons on the separate system, properly governed and admin¬ 
 istered, should be the rule for all large counties, rather than the excep¬ 
 tion in Pennsylvania. 
 
 It could hardly be doubted that with such reports carefully 
 made, the Legislature could better determine how the money of 
 the people might be liberally and wisely expended for the poor, the 
 suffering, the idle, the vicious, the criminal, the ignorant and the 
 unfortunate. From each section of the State the real condition 
 of these classes would be presented, and then it would be better 
 known how to relieve, restrain, prevent, punish and educate. It 
 probably would indicate that for all classes a general rule was im- 
 
possible. True philosophy would teach the adaptation of individual 
 treatment to individual, or special developments of causes producing 
 particular results. 
 
 It would more certainly enable a judicious classification to be 
 made of remedial, preventive, and punitive agencies, and prevent the 
 pauperization of individuals into an idle or indigent class, or a more 
 dreaded crime-class. If no other result was reached, it would be 
 possible to establish by law some system by which education in 
 handicraft skilled labor, could be within the reach of those of the 
 young who sought it, and at the same time be approved and applauded 
 by an enlightened public opinion. 
 
 Reference has already been made to the “Commutation Law,” 
 by which sentences of the convicts are shortened by their “good 
 conduct” while under conviction. This plan has been described as a 
 statutory recommendation to the Executive to discharge the convict 
 before the sentence inflicted by the judicial power expires. While it 
 is not a pardon under the exercise of the constitutional prerogative of 
 the Governor, it is a device which, by legislation, controls the judicial 
 and directs Executive action. How wise such legislation may be, is 
 no part of the province of the Inspectors to consider, much less to 
 determine. It is now brought to the notice of the Legislature for the 
 purpose of inviting attention to the precedent thus established. If the 
 Legislature can enact a law by which a judicial sentence can be 
 terminated before it expires by its own limitation, then it becomes a 
 most important question to consider, if this principle cannot be applied 
 for the purpose of more effectually securing the aim of punishment by 
 imprisonment, in particular cases. It sometimes happens that the 
 exercise of the pardoning power is subject to public criticism. There 
 are no doubt cases in which there are grounds for this animadversion, 
 but the Inspectors do not desire to express any opinion on cases of 
 which they have no direct knowledge from their official relations with 
 the prisoner. 
 
 The comparison hereinbefore made between the pardons granted 
 by Massachusetts, New York, and Pennsylvania, shows that in this 
 State, Executive clemency has been very sparingly exercised on con¬ 
 victs in this Penitentiary. 
 
 It is undoubtedly true that there are now in this Institution several 
 convicts who are fully entitled to pardon, if the purpose of their pun¬ 
 ishment was to qualify them for restoration to liberty, with benefit to 
 themselves and advantage to society. 
 
 To reach these cases is difficult of accomplishment under the 
 present system. If a pardon is asked, then the Inspectors may be 
 
13 2 
 
 regarded as exceeding the line of their official duty, and their action 
 misunderstood or misconstrued; or they might be subjected to appli¬ 
 cations from unworthy persons; or the Executive might fail to appre¬ 
 ciate their motives. Nevertheless these cases exist, and continuing in 
 prison those who have been brought within the effects of punishment, 
 and over whom it has exercised all the influences designed by law and 
 justice, is of very doubtful propriety. It is imprisonment for no pur¬ 
 pose. The example, the prevention of crime, as they are supposed to 
 be reached by a conviction of the guilty, has been effected by such 
 conviction and the infliction of the punishment. The only remaining 
 purpose of the law which this punishment proposed has been produced. 
 Society has been protected, the example has been made, those who 
 are intended to be warned have had their warning, and the individual 
 who is punished is now alone to be considered. If his punishment 
 has caused him to repent of his wickedness, and determine, in so far 
 as he can, to reform, then his liberty is more a right than a favor, for 
 longer incarceration is useless to him, and society gains nothing 
 thereby. That these are the well-considered opinions of the Inspec¬ 
 tors, will appear from the following extracts from their Reports to the 
 Legislature. 
 
 From the Report for the year 1852, the following extract is 
 taken: 
 
 The Inspectors cannot close this Report without again briefly calling the attention 
 of the General Assembly to the subject of revising the penal code, so as to shorten 
 the minimum period of confinement affixed to certain crimes. The daily observation 
 of the effects of separate and solitary confinement, with the influences connected with 
 it in this Penitentiary, have fully convinced them that a much greater degree of good 
 would be achieved, by shortening most of the sentences for first offences, and particu¬ 
 larly those of all young offenders. For this latter class a few months’ confinement, 
 or a year at most, would produce in general vastly more salutary effects than longer 
 terms. The Inspectors are gratified to know that throughout the eastern district of 
 the State this fact has become apparent to most of the judicial tribunals, and is acted 
 upon to the limits of the law. Should this disposition become general, and a larger 
 discretion be given by law, it would remove in a great measure the necessity that is 
 now often believed to exist for the exercise of the pardoning power. 
 
 The Pennsylvania system is best described as the individual-treat¬ 
 ment of convicts, as contrasted with that in other States, which is the 
 congregate or class treatment. This distinction is important, while 
 considering the views now under discussion. . 
 
 Again, in the Report for 1853, it is remarked: 
 
 The Inspectors have again to remark on the subject of the duration of sentences 
 inflicted upon juvenile offenders. It is with regret the Inspectors find that, of the 
 
133 
 
 / 
 
 prisoners admitted during the year 1853, there are twenty-two under twenty-one 
 years, and forty-eight under twenty-five years of age. The Inspectors are of opinion 
 that in cases of first conviction of minors, or those of immature age, unless for crimes 
 of the most aggravated character, a short term of imprisonment is of far greater 
 benefit to the individual than one which is calculated to punish beyond the period 
 when moral influences have awakened in the heart strong feelings of repentance and 
 a desire to reform. Evil associates, bad example, and a want of proper parental care 
 and watchfulness, admonition, and control lead the young into crimes. When, there¬ 
 fore, imprisoned as a punishment, the young convict is brought to feel, probably for 
 the first time, the truth of the proverb, that the way of the transgressor is hard. Then 
 it is that judicious counsel and advice induces the most decided improvement. It is 
 believed that if in such instances the prisoner was set at liberty, a revolution would 
 be effected in his morals and habits, and a new career would be sought after for his 
 future life. The Inspectors make these suggestions in the hope that good may result 
 from their careful consideration. 
 
 In the Report for the year 1854, the Inspectors thus speak on 
 this interesting subject: 
 
 The Inspectors again feel it their duty to call the attention of the Legislature to 
 the length of sentences inflicted for first offences, and also on young offenders. It is 
 no longer a question that severity in punishment is no prevention of crime; neither 
 does severity of punishment produce the desired effect upon the offender. The causes 
 of crime should be more fully investigated after a conviction, and have a potent 
 influence in determining the duration of the punishment. There is a period in the 
 history of every criminal’s punishment when his liberation would most benefit him, 
 and hence society would gain, by the improvement afforded in reclaiming an offender. 
 Those whose constant intercourse with convicts enables them to form an opinion on 
 the subject, will admit that such periods occur, when most decided advantage would 
 result from the prisoner’s liberation. One mode, to be sure a most imperfect one, to 
 effect this object, is to shorten the sentence, as much as a proper regard to the interests 
 of society would justify, in all cases of first convictions and convictions of young 
 offenders. The Inspectors feel the force of these views, and they have ventured again 
 to invoke Legislative attention to the subject. This is not the occasion to suggest any 
 plan to modify and improve the present laws on this subject; but it is hoped that the 
 time will come when the Legislature of Pennsylvania will take the important subject 
 of the present penal code, as it relates to our admirable system of Penitentiary punish¬ 
 ment, into consideration. Sporadic reforms are worse than useless. Labors of those 
 who are required to learn while they attempt to teach, are vain. The familiarity of 
 long experience, careful and earnest devotion to the subject, and an interest in the 
 questions involved, above and beyond an interest in self, are among the qualifications 
 which a proper reform in penal jurisprudence will require at the hands of those who 
 undertake the task. 
 
 From the Report for i860 : 
 
 It will be observed that the Inspectors have heretofore refrained from presenting 
 reforms in the penal code, in relation to young criminals. It was hoped and believed, 
 
 18 
 
134 
 
 that one of the citizens to whom the codification of the penal laws was referred, might 
 have been selected for his interest in, and ability to understand, the subject. If such 
 a selection had been made, it would have resulted beneficially, by the incorporation 
 into the penal law of a provision to meet the class of cases to which the attention of 
 the Legislature has been called. 
 
 The Inspectors do not feel themselves required, either by law or from their 
 official position, to do more than make such “ observations ” as they deem of impor¬ 
 tance to the public, or prisoners. 
 
 Lest, however, it might be by some attributed to their silence that they have no 
 practical suggestions to offer, they most respectfully submit, as the substance for 
 amendments to the present law, the following proposition: 
 
 That in all cases for first conviction for crime, of minors, the term of imprison¬ 
 ment shall be terminated by the Inspectors with the consent of the President Judge 
 of the Court in which such minor was sentenced, when in their opinion the punishment 
 has produced its expected results. 
 
 That in all cases of first conviction for crime, of persons betweeen 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 out of every thirty after the first 12 
 months of imprisonment. 
 
 That in all cases of first conviction for crime, of minors, the jury trying the case 
 shall find by their verdict if the father of the minor (he being alive and within the 
 jurisdiction of the process of the Commonwealth) was negligent and derelict in his 
 parental duties towards said minor, and on so finding, the court shall cause said father 
 to be held to pay the costs to the Commonwealth of said trial. 
 
 The Inspectors have ventured respectfully to make these suggestions, with the 
 view to remedy the evil which has been thus authentically brought to the attention of 
 the General Assembly. 
 
 It will not be denied that the necessity for legislation is most serious. That 
 it is increasing, a superficial examination of the facts herein set out, cannot fail 
 to teach the observer. That the want of parental control is demoralizing a large 
 and increasing number of our youths. The consequences are manifest. The 
 minor is ungoverned, wayward, vagabond, vicious, contaminated, contaminating, 
 and convict. The moralist, as well as the Christian, must deplore such causes and 
 consequences. 
 
 It is believed that the most unconcerned for the welfare of society and its 
 constituents would hardly agree that Penitentiary discipline should take the place of 
 primary parental teachings and supervisory restraint. 
 
 The least benevolent will fully consent to the principle, as one of justice, 
 that the child only should not be punished for its parent’s neglect or disregard of 
 his duties. 
 
 If in either case society stands in the place of the parent, magnanimity and mercy 
 both plead that the most reformatory and beneficent influences should be extended to 
 such unfortunates. 
 
 In the Report for 1867, the Inspectors use the following 
 language: 
 
 It is of vital importance that the individualities and characteristics and sur¬ 
 roundings of the accused should be ascertained on his trial, and their just considera- 
 
1 35 
 
 tion should be taken fully into the judicial determination of the punishment. Arbi¬ 
 trary or merely conventional sentences, operating on classes, not persons, are unphil- 
 osophical, and often unjust, both to the individual and the community. Again, take 
 the crime of larceny. It should be divided into degrees. The highest, and each in 
 sequence to the lowest, should be determined at the trial, from the facts and circum¬ 
 stances and the characteristics of the accused. To determine beforehand, when 
 framing the indictment, the degree of criminality, before the accused can explain or 
 defend his acts, is at war with the principle which seeks to protect the accused till he 
 is found beyond the operation of the presumptions of innocence. This system 
 adopted as to all crimes or offences has the advantage of placing the accused in the 
 exact position in which his acts place him, not that which the definition or descrip¬ 
 tion of a class of acts would compel him to occupy without the explanatory benefits 
 he alone could produce. Again, it would not make individuals more criminal than 
 they really are, and thus often unwisely add to the crime-class those who would else 
 never be associated with it. The injurious effects of any system which augments 
 the number of convicts, placing on them the distinguishing mark of enemies to public 
 safety, becomes more and more apparent as population increases. The true principle 
 of legislation on this branch of the subject is to make few acts of individuals crimes, 
 and as few members of society criminals, as a due regard for the safety of life, rights, 
 and property will justify. The more simple the crime code, the more it is rendered 
 flexible in individual application; the less rigorous and unbending; the greater 
 opportunity to take the principles of the common law as preferable to those of a 
 statute and the greater the responsibilities that are placed on the Judiciary and taken 
 from the law-making power—in all these respects the greater and more substantial 
 are the benefits which society secures. It is thus that society speaks its voice, under 
 the restraints of law, in each particular case. 
 
 Following this view as to the code, we come to consider the punishment of 
 crimes. By the present practice there is really no standard. The offence too often 
 determines the sentence, because no opportunity is permitted to investigate all the 
 circumstances of each case, nor is any authority granted for that judicial discretion 
 which should always be an element in the official action of the ministers of justice. 
 The maximum and the minimum of the term of punishment are the only judicial 
 guides, and these regulate the judgment of judges who from the trial of the issue of 
 fact, are informed by the verdict of the guilt of the accused. Every offender is 
 actuated by different motives, influenced by various causes of crime; his peculiar 
 position as an individual in society, his lack of advantages, his associations, his men¬ 
 tal, moral, personal disabilities, all his individualities are hid from view, because the 
 present system only presents one fact to be ascertained. The interests of society 
 demand that crime be punished, and crime prevented, beyond that it has no other 
 interest, so far as a particular offence is concerned. But growing out of the deter¬ 
 mination of that fact, are vastly important considerations to the very best interests of 
 society. For what degree of crime, for what period of time the guilty is to be sen¬ 
 tenced, the motives and causes that induced him to violate law, the effect upon the 
 individual directly and on society indirectly, are consequences which must result to 
 society finally, to prejudice it to a greater or less degree if the guilty has been 
 punished without regard to these questions. There is no more dangerous element 
 in social condition than the feeling which harshness and injustice produce in the 
 administration of justice. The first of the dangers is the unwillingness to con- 
 
vict for crime, or the anxiety in the minds of juries to except the case from the 
 operations of these influences. Vibrating between the extremes of unwillingness 
 to convict, and the prompt conviction, in the latter case to maintain the law by 
 sporadic firmness in the administration of justice, creates a disrespect for the law. 
 When one is guilty of a less crime Jthan that for which he is indicted, but escapes 
 because of the arbitrary or fixed definition of acts, as crimes, which the trial 
 shows the accused has not made himself technically amenable to, there is left on 
 the public mind a feeling of insecurity and a distrust of public justice. So on 
 either hand the present system convicts a certain portion of offenders, and society 
 has to be satisfied that all the guilty do not escape. If, however, the system of 
 jurisprudence was in harmony with the views expressed as to the code, these defects 
 would probably be remedied. 
 
 By the judicious sub-division into degrees, and the consequent reduction 
 of the higher grades of crime, the assimilation of the offence to the acts .and 
 motives of the accused, the certainty of, as well as a wise discrimination in the 
 punishment, the diminution of the number of individuals united with the crime 
 class, the better would it be for all the great interests associated in, and protected by 
 penal legislation. 
 
 That some system should be made lawful by which the opinion 
 of the Inspectors, and that of the chief officers of the Penitentiary, 
 as to the propriety of discharging prisoners deserving liberation, would 
 be effective in producing their discharge by competent authority, is 
 most desirable. The Inspectors respectfully call this subject to the 
 attention of the Legislature. It may not meet with favor until a 
 thorough investigation of the question is made, free from those objec¬ 
 tions which a first impression is most likely to suggest. 
 
 The subjoined Statistical Statements are taken from 
 the last Report (1871,) of the Inspectors. It will be 
 observed that they relate to special subjects, and are 
 selected from the general statistics of that report, because 
 it is believed they will prove interesting to those who are 
 investigating the questions connected with penal, as an 
 element in social science. 
 
137 
 
 STATEMENT 
 
 Exhibiting Number Received—Prison Population—Average Number—Number Dis¬ 
 charged—Nutnber Remaining on December 31, and the Register Number of 
 Prisoners Received each year into the Eastern State Penitentiary,from its opening 
 October 25, 1829, to December 31, 1871. 
 
 * From October 25,1829, to November 30,1831. 
 f From November 30,1832, to December 31,1833. 
 
138 
 
 ANALYTICAL TABLE 
 
 Exhibiting the Whole Number of Pardons granted from the opening of the Prison , 
 
 October 25, 1829, to December 31, 1871. 
 
 Years. 
 
 Whole Number in Confinement. 
 
 Number of Pardons. 
 
 How 
 
 Pardoned. 
 
 White. 
 
 Colored. 
 
 Total. 
 
 White. 
 
 Colored. 
 
 Total. 
 
 Annual per 
 
 Cent. 
 
 By the Presi¬ 
 
 dent U. S. 
 
 By the Gover¬ 
 
 nor Pa. 
 
 Males. 
 
 Females. 
 
 Males. 
 
 Females. 
 
 Males. 
 
 Females. 
 
 00 
 
 0> 
 
 *3 
 
 S 
 
 Females. 
 
 1829 
 
 8 
 
 
 1 
 
 • . 
 
 9 
 
 
 
 
 
 
 
 
 
 1830 
 
 42 
 
 
 16 
 
 • • 
 
 58 
 
 
 
 
 
 
 
 
 
 1831 
 
 75 
 
 • • 
 
 *5 
 
 4 
 
 104 
 
 1 
 
 
 
 
 1 
 
 .96 
 
 
 1 
 
 1832 
 
 90 
 
 • • 
 
 27 
 
 4 
 
 121 
 
 4 
 
 
 
 
 4 
 
 3.30 
 
 
 4 
 
 1833 
 
 128 
 
 • • 
 
 42 
 
 4 
 
 *74 
 
 2 
 
 
 
 
 2 
 
 i .*5 
 
 
 2 
 
 1834 
 
 189 
 
 . . 
 
 81 
 
 2 
 
 272 
 
 8 
 
 
 1 
 
 
 9 
 
 3 - 3 * 
 
 
 9 
 
 1835 
 
 262 
 
 8 
 
 *54 
 
 11 
 
 435 
 
 II 
 
 
 4 
 
 
 *5 
 
 3-45 
 
 I 
 
 *4 
 
 1836 
 
 278 
 
 11 
 
 *79 
 
 *9 
 
 487 
 
 2 
 
 I 
 
 • • 
 
 
 3 
 
 .62 
 
 
 3 
 
 1837 
 
 320 
 
 9 
 
 *99 
 
 18 
 
 546 
 
 4 
 
 1 
 
 
 
 5 
 
 .91 
 
 
 5 
 
 1838 
 
 33 * 
 
 11 
 
 200 
 
 22 
 
 565 
 
 10 
 
 • • 
 
 
 
 10 
 
 *•77 
 
 
 10 
 
 1839 
 
 339 
 
 11 
 
 217 
 
 *9 
 
 596 
 
 12 
 
 . . 
 
 1 
 
 
 *3 
 
 2 18 
 
 I 
 
 12 
 
 1840 
 
 329 
 
 9 
 
 205 
 
 30 
 
 573 
 
 20 
 
 • • 
 
 • * 
 
 
 20 
 
 3-49 
 
 1 
 
 *9 
 
 1841 
 
 291 
 
 7 
 
 *73 
 
 3 * 
 
 502 
 
 12 
 
 1 
 
 I 
 
 
 *4 
 
 2.79 
 
 1 
 
 *3 
 
 1842 
 
 297 
 
 6 
 
 *54 
 
 20 
 
 477 
 
 20 
 
 • • 
 
 2 
 
 1 
 
 *3 
 
 4.82 
 
 • • 
 
 23 
 
 1843 
 
 320 
 
 7 
 
 *45 
 
 *5 
 
 487 
 
 15 
 
 • . 
 
 • • 
 
 
 i 5 
 
 3.08 
 
 • • 
 
 *5 
 
 1844 
 
 33 * 
 
 12 
 
 136 
 
 *7 
 
 497 
 
 39 
 
 • . 
 
 4 
 
 3 
 
 46 
 
 9.25 
 
 • • 
 
 46 
 
 1845 
 
 33 i 
 
 16 
 
 120 
 
 16 
 
 483 
 
 29 
 
 I 
 
 2 
 
 
 3 * 
 
 6.62 
 
 1 
 
 3 * 
 
 1846 
 
 321 
 
 *4 
 
 no 
 
 16 
 
 461 
 
 *5 
 
 1 
 
 • • 
 
 
 26 
 
 5.64 
 
 1 
 
 *5 
 
 1847 
 
 297 
 
 9 
 
 * 1 3 
 
 *3 
 
 43 * 
 
 21 
 
 • . 
 
 5 
 
 
 26 
 
 6.02 
 
 1 
 
 *5 
 
 1848 
 
 291 
 
 8 
 
 103 
 
 *3 
 
 4*5 
 
 11 
 
 I 
 
 2 
 
 
 *4 
 
 3-37 
 
 1 
 
 *3 
 
 1849 
 
 305 
 
 7 
 
 98 
 
 10 
 
 420 
 
 *9 
 
 2 
 
 3 
 
 
 34 
 
 8.09 
 
 • • 
 
 34 
 
 1850 
 
 331 
 
 8 
 
 100 
 
 10 
 
 449 
 
 28 
 
 2 
 
 1 
 
 
 3 i 
 
 6.90 
 
 • • 
 
 3 * 
 
 1851 
 
 3*5 
 
 16 
 
 94 
 
 11 
 
 446 
 
 29 
 
 I 
 
 3 
 
 I 
 
 34 
 
 7.62 
 
 • • 
 
 34 
 
 1852 
 
 3*7 
 
 *9 
 
 82 
 
 8 
 
 436 
 
 40 
 
 2 
 
 2 
 
 1 
 
 45 
 
 10.32 
 
 1 
 
 44 
 
 1853 
 
 320 
 
 *7 
 
 58 
 
 5 
 
 400 
 
 20 
 
 3 
 
 1 
 
 • • 
 
 *4 
 
 6.00 
 
 5 
 
 *9 
 
 1854 
 
 3 i 5 
 
 10 
 
 61 
 
 5 
 
 39 * 
 
 22 
 
 1 
 
 • . 
 
 • • 
 
 *3 
 
 5.88 
 
 2 
 
 21 
 
 1855 
 
 33 * 
 
 16 
 
 62 
 
 6 
 
 416 
 
 20 
 
 2 
 
 • • 
 
 • . 
 
 22 
 
 5.29 
 
 • • 
 
 22 
 
 1856 
 
 344 
 
 20 
 
 62 
 
 5 
 
 43 * 
 
 *4 
 
 1 
 
 • • 
 
 • . 
 
 *5 
 
 3.48 
 
 I 
 
 *4 
 
 1857 
 
 4*7 
 
 18 
 
 79 
 
 10 
 
 534 
 
 9 
 
 
 3 
 
 1 
 
 *3 
 
 2-43 
 
 1 
 
 12 
 
 1858 
 
 469 
 
 *5 
 
 88 
 
 11 
 
 583 
 
 *9 
 
 
 2 
 
 1 
 
 22 
 
 3-77 
 
 • • 
 
 22 
 
 1859 
 
 486 
 
 *3 
 
 70 
 
 4 
 
 583 
 
 20 
 
 
 2 
 
 
 22 
 
 3-77 
 
 • • 
 
 22 
 
 I860 
 
 530 
 
 *3 
 
 9 * 
 
 3 
 
 647 
 
 *5 
 
 
 • . 
 
 
 *5 
 
 2.32 
 
 • • 
 
 15 
 
 1861 
 
 533 
 
 22 
 
 87 
 
 4 
 
 646 
 
 18 
 
 
 . . 
 
 
 18 
 
 *•79 
 
 1 
 
 *7 
 
 1862 
 
 477 
 
 *3 
 
 83 
 
 3 
 
 586 
 
 16 
 
 
 2 
 
 
 18 
 
 3.07 
 
 1 
 
 *7 
 
 1863 
 
 439 
 
 30 
 
 77 
 
 6 
 
 55 * 
 
 20 
 
 
 4 
 
 
 *4 
 
 4-35 
 
 • • 
 
 *4 
 
 1864 
 
 418 
 
 *9 
 
 53 
 
 8 
 
 508 
 
 *9 
 
 2 
 
 2 
 
 
 33 
 
 6 50 
 
 4 
 
 *9 
 
 1865 
 
 504 
 
 *7 
 
 4 * 
 
 9 
 
 582 
 
 4 * 
 
 2 
 
 1 
 
 
 44 
 
 7.56 
 
 12 
 
 3 * 
 
 1866 
 
 679 
 
 24 
 
 68 
 
 11 
 
 782 
 
 62 
 
 • . 
 
 2 
 
 
 64 
 
 8.18 
 
 9 
 
 55 
 
 1867 
 
 74 * 
 
 *5 
 
 95 
 
 9 
 
 860 
 
 *9 
 
 • • 
 
 
 
 *9 
 
 2.21 
 
 10 
 
 9 
 
 1868 
 
 759 
 
 12 
 
 102 
 
 6 
 
 879 
 
 36 
 
 • • 
 
 
 
 36 
 
 4.09 
 
 *4 
 
 22 
 
 1869 
 
 800 
 
 *4 
 
 122 
 
 4 
 
 940 
 
 27 
 
 • • 
 
 
 
 27 
 
 2.87 
 
 9 
 
 18 
 
 1870 
 
 813 
 
 *4 
 
 124 
 
 2 
 
 953 
 
 *3 
 
 I 
 
 
 
 *4 
 
 1.46 
 
 1 
 
 *3 
 
 1871 
 
 779 
 
 12 
 
 **9 
 
 1 
 
 91* 
 
 21 
 
 • • 
 
 
 
 21 
 
 2.30 
 
 3 
 
 18 
 
 Totals 
 
 
 
 
 
 
 8*3 
 
 *5 
 
 50 
 
 8 
 
 896 
 
 4.24 
 
 82 
 
 814 
 
139 
 
 STATEMENT. 
 
 The following Table will exhibit the Discharge and Return of Pardoned Prisoners. 
 
 Also, Time Served in Prison. 
 
 
 
 
 
 
 
 
 
 
 
 
 Prisoner’s 
 
 When Pardoned. 
 
 
 
 Time Served. 
 
 
 When Returned. 
 
 
 No. 
 
 
 
 
 
 
 
 
 
 
 
 
 1 Si 
 
 May . . . 
 
 30, 1833 
 
 
 
 3 months 
 
 i 9 
 
 days 
 
 May . . . 
 
 2, 1843 
 
 
 24 3 
 
 September. 
 
 29, 1834 
 
 
 
 5 
 
 44 
 
 8 
 
 44 
 
 November . 
 
 22. 1858 
 
 
 39 ? 
 
 July . . . 
 
 27, 1837 
 
 2 
 
 years 
 
 2 
 
 44 
 
 8 
 
 44 
 
 February . 
 
 23, 1839 
 
 
 928 
 
 May . . . 
 
 20, 1839 
 
 I 
 
 44 
 
 0 
 
 44 
 
 1 
 
 44 
 
 December . 
 
 5, 1851 
 
 
 1106 
 
 January 
 
 31, 1840 
 
 
 
 8 
 
 44 
 
 6 
 
 44 
 
 February . 
 
 13, 1841 
 
 
 1189 
 
 May . . . 
 
 30, “ 
 
 
 
 6 
 
 44 
 
 7 
 
 44 
 
 June . . . 
 
 8, 1849 
 
 
 1168 
 
 July . . . 
 
 25 , “ 
 
 
 
 8 
 
 44 
 
 29 
 
 44 
 
 December . 
 
 9. 1841 
 
 
 ijii 
 
 October. . 
 
 12, “ 
 
 
 
 I 
 
 44 
 
 19 
 
 44 
 
 August * . 
 
 29, 1842 
 
 
 746 
 
 February . 
 
 4, 1841 
 
 3 
 
 44 
 
 9 
 
 44 
 
 12 
 
 44 
 
 January 
 
 24, 1843 
 
 
 1400 
 
 July . . . 
 
 23. 1842 
 
 1 
 
 44 
 
 1 
 
 44 
 
 28 
 
 44 
 
 September 
 
 22, 1845 
 
 
 1494 
 
 April . . 
 
 28, 1843 
 
 1 
 
 44 
 
 3 
 
 44 
 
 6 
 
 44 
 
 44 
 
 12, 1843 
 
 
 1569 
 
 May . . . 
 
 25, “ 
 
 2 
 
 44 
 
 3 
 
 44 
 
 1 
 
 44 
 
 November . 
 
 27 , “ 
 
 
 ^46 
 
 April . . 
 
 17, 1844 
 
 
 
 5 
 
 44 
 
 
 
 September 
 
 6, 1844 
 
 
 177 5 
 
 May . . . 
 
 17, “ 
 
 
 
 4 
 
 44 
 
 29 
 
 
 February . 
 
 19, 1845 
 
 
 1516 
 
 44 
 
 17, “ 
 
 2 
 
 44 
 
 2 
 
 44 
 
 10 
 
 44 
 
 May . . . 
 
 8, - 
 
 
 164} 
 
 January 
 
 1, 1845 
 
 1 
 
 44 
 
 7 
 
 44 
 
 I 
 
 
 August . . 
 
 2?, “ 
 
 
 1678 
 
 4 . 
 
 6, “ 
 
 1 
 
 44 
 
 7 
 
 44 
 
 II 
 
 
 April . . 
 
 3, 1847 
 
 
 1684 
 
 44 
 
 7 , “ 
 
 1 
 
 44 
 
 7 
 
 44 
 
 7 
 
 44 
 
 May . . . 
 
 1, 1846 
 
 
 1487 
 
 44 
 
 ii» “ 
 
 2 
 
 4 * 
 
 11 
 
 
 29 
 
 
 July . . . 
 
 7 , 1849 
 
 
 1578 
 
 March . . 
 
 21, “ 
 
 2 
 
 44 
 
 6 
 
 «4 
 
 5 
 
 44 
 
 September 
 
 10, 1845 
 
 
 1942 
 
 44 
 
 20, 1846 
 
 1 
 
 44 
 
 0 
 
 44 
 
 1? 
 
 44 
 
 March . . 
 
 1, 1859 
 
 
 1990 
 
 April . . 
 
 17 , “ 
 
 
 
 7 
 
 44 
 
 19 
 
 44 
 
 September 
 
 14, 1853 
 
 
 1275 
 
 November. 
 
 27, “ 
 
 6 
 
 44 
 
 6 
 
 44 
 
 12 
 
 44 
 
 August . . 
 
 26, 1847 
 
 
 23 39 
 
 March . . 
 
 12, 1849 
 
 
 
 10 
 
 
 23 
 
 
 September 
 
 24, 1849 
 
 
 1435 
 
 July . . . 
 
 22, “ 
 
 7 
 
 il 
 
 9 
 
 44 
 
 4 
 
 
 June . . 
 
 22, 18 54 
 
 
 2354 
 
 August . . 
 
 8, “ 
 
 1 
 
 44 
 
 2 
 
 44 
 
 11 
 
 
 December . 
 
 3 , 1852 
 
 
 2414 
 
 April . . 
 
 3°, 1850 
 
 1 
 
 44 
 
 4 
 
 
 7 
 
 
 February . 
 
 4, 1861 
 
 
 2534 
 
 November . 
 
 30, “ 
 
 I 
 
 44 
 
 0 
 
 
 1 
 
 
 August . . 
 
 27, 1856 
 
 
 1530 
 
 April . . 
 
 2, 1851 
 
 8 
 
 44 
 
 11 
 
 44 
 
 27 
 
 
 October. . 
 
 IS, 1855 
 
 
 2541 
 
 October . . 
 
 22, “ 
 
 I 
 
 44 
 
 10 
 
 44 
 
 14 
 
 
 June. . . 
 
 12, 1852 
 
 
 2634 
 
 November . 
 
 21, “ 
 
 I 
 
 44 
 
 3 
 
 44 
 
 1? 
 
 44 
 
 April . . 
 
 7 , “ 
 
 
 2773 
 
 January 
 
 3, 18S2 
 
 
 
 7 
 
 44 
 
 9 
 
 
 January 
 
 3, 1853 
 
 
 2245 
 
 44 
 
 10, “ 
 
 4 
 
 44 
 
 4 
 
 44 
 
 14 
 
 44 
 
 October. . 
 
 8, 1864 
 
 
 2748 
 
 44 
 
 17. “ 
 
 
 
 8 
 
 44 
 
 25 
 
 44 
 
 April . . 
 
 9, 1 8 59 
 
 
 2444 
 
 44 
 
 24 , “ 
 
 2 
 
 44 
 
 9 
 
 44 
 
 12 
 
 44 
 
 June. . . 
 
 26, 1852 
 
 
 2882 
 
 June . . . 
 
 17, “ 
 
 
 
 I 
 
 44 
 
 l6 
 
 44 
 
 December . 
 
 10, 1858 
 
 
 2732 
 
 July . . . 
 
 14, “ 
 
 1 
 
 44 
 
 4 
 
 44 
 
 4 
 
 44 
 
 44 
 
 22, 18S2 
 
 
 * 534 
 
 August . . 
 
 27, “ 
 
 10 
 
 44 
 
 4 
 
 
 22 
 
 
 October. . 
 
 18. 1854 
 
 
 2684 
 
 November . 
 
 9 , “ 
 
 1 
 
 44 
 
 11 
 
 44 
 
 16 
 
 44 
 
 March . . 
 
 16, 1853 
 
 
 1911 
 
 March . . 
 
 3 i, 185? 
 
 8 
 
 44 
 
 3 
 
 44 
 
 19 
 
 »4 
 
 May . . . 
 
 7, 1858 
 
 
 3020 
 
 July . . . 
 
 S, “ 
 
 
 
 2 
 
 44 
 
 1 
 
 44 
 
 June . . . 
 
 2. 1866 
 
 
 2878 
 
 March . . 
 
 M 
 
 GC 
 
 4 * 
 
 I 
 
 44 
 
 10 
 
 44 
 
 7 
 
 
 April . . 
 
 18, 1857 
 
 
 2985 
 
 December . 
 
 12, “ 
 
 I 
 
 44 
 
 10 
 
 44 
 
 3 
 
 44 
 
 September 
 
 26, “ 
 
 
 3865 
 
 November . 
 
 2,1858 
 
 
 
 2 
 
 44 
 
 15 
 
 44 
 
 August . . 
 
 30, 1859 
 
 
 3856 
 
 June. . . 
 
 n, 1859 
 
 
 
 10 
 
 44 
 
 5 
 
 44 
 
 July . . . 
 
 21, i860 
 
 
 3776 
 
 March . . 
 
 24, i860 
 
 2 
 
 44 
 
 1 
 
 44 
 
 20 
 
 44 
 
 December . 
 
 1, “ 
 
 
 3859 
 
 January 
 
 16,1861 
 
 2 
 
 44 
 
 5 
 
 44 
 
 5 
 
 44 
 
 November . 
 
 15, 1861 
 
 
 4559 
 
 March . . 
 
 8, 1862 
 
 
 
 3 
 
 44 
 
 29 
 
 
 
 29, 1862 
 
 
 4974 
 
 February . 
 
 16, 1865 
 
 
 
 9 
 
 44 
 
 
 
 May . . . 
 
 2, 1867 
 
 
 S083 
 
 March . . 
 
 l, “ 
 
 
 
 
 
 16 
 
 
 June. . . 
 
 24, 1865 
 
 
 *5134 
 
 July . . . 
 
 11, “ 
 
 
 
 
 
 10 
 
 44 
 
 October 
 
 23 , “ 
 
 
 Soi 8 
 
 March . . 
 
 19, 1866 
 
 I 
 
 44 
 
 6 
 
 44 
 
 5 
 
 44 
 
 January 
 
 31, 1867 
 
 
 5299 
 
 September 
 
 13 , “ 
 
 
 
 9 
 
 44 
 
 1 
 
 44 
 
 September 
 
 21, 1868 
 
 
 5588 
 
 January . 
 
 5, 1867 
 
 
 
 3 
 
 
 23 
 
 
 April . . 
 
 24, “ 
 
 
 5474 
 
 (4 
 
 15. “ 
 
 
 
 8 
 
 44 
 
 25 
 
 
 February . 
 
 7, 1867 
 
 
 5376 
 
 March . . 
 
 19, 1868 
 
 2 
 
 44 
 
 I 
 
 44 
 
 12 
 
 44 
 
 November . 
 
 9, 1868 
 
 
 * This prisoner was immediately arrested on his discharge and recommitted. 
 
 Per cent, of prisoners pardoned and recommitted 6.25 in a period of 42 years. 
 
 Note. —In the above statement, the “time served” is calculated from the date of reception of the 
 prisoner into the Penitentiary, and not from date of sentence. 
 
140 
 
 EDUCATION VS. CRIME. 
 
 Statement exhibiting the Education of Convicts received each year, convicted of Crimes against 
 Property and Critnes against Persons, thus presenting in a tabular view the changing 
 Educational as well as Criminal Relations of convicts received each year into the Eastern 
 State Penitentiary. 
 
 Year. 
 
 Convicted of Crimes against Property. 
 
 Convicted of Crimes against Persons. 
 
 Whole Number Received each Year. 
 
 Illiterate. 
 
 Read Only. 
 
 Read and Write. 
 
 Total Convicts 
 Against Property. 
 
 Illiterate. 
 
 Read Only. 
 
 Read and Write. 
 
 Total Convicts 
 
 Against Persons. 
 
 o' 
 
 Per Cent. 
 
 6 
 
 fc 
 
 Per Cent. 
 
 6 
 
 fc 
 
 Per Cent. 
 
 d 
 
 Per Cent. 
 
 6 
 
 & 
 
 Per Cent. 
 
 d 
 
 Per Cent. 
 
 d 
 
 Per Cent. 
 
 d 
 
 PerCent. 
 
 1829 
 
 
 . . 
 
 3 
 
 33-33 
 
 6 
 
 66 67 
 
 9 
 
 100.00 
 
 
 
 
 
 
 
 
 
 9 
 
 1830 
 
 9 
 
 18.37 
 
 9 
 
 18.37 
 
 21 
 
 42.86 
 
 39 
 
 79.60 
 
 . , 
 
 . . 
 
 4 
 
 8.16 
 
 6 
 
 12.24 
 
 10 
 
 20.40 
 
 49 
 
 1831 
 
 7 
 
 14.00 
 
 7 
 
 14.00 
 
 28 
 
 56.00 
 
 42 
 
 84.00 
 
 4 
 
 8.00 
 
 3 
 
 6.00 
 
 I 
 
 2.00 
 
 8 
 
 16.00 
 
 50 
 
 l8}2 
 
 6 
 
 17.65 
 
 9 
 
 26.47 
 
 13 
 
 38 24 
 
 28 
 
 82.36 
 
 
 • . 
 
 3 
 
 8.82 
 
 3 
 
 8.82 
 
 6 
 
 17.64 
 
 34 
 
 1833 
 
 17 
 
 22 08 
 
 >5 
 
 19.48 
 
 38 
 
 49-35 
 
 70 
 
 90.91 
 
 2 
 
 2.60 
 
 3 
 
 3.89 
 
 2 
 
 2.60 
 
 7 
 
 9.09 
 
 77 
 
 1834 
 
 17 
 
 14.40 
 
 22 
 
 18.65 
 
 66 
 
 55-93 
 
 105 
 
 88.98 
 
 4 
 
 3-39 
 
 4 
 
 3-39 
 
 5 
 
 4.24 
 
 13 
 
 11.02 
 
 118 
 
 1835 
 
 64 
 
 29 49 
 
 48 
 
 22.12 
 
 87 
 
 40.09 
 
 199 
 
 91.70 
 
 5 
 
 2.30 
 
 7 
 
 3-2-3 
 
 6 
 
 2.77 
 
 18 
 
 8.30 
 
 217 
 
 1836 
 
 35 
 
 24.47 
 
 31 
 
 21.68 
 
 6l 
 
 42.66 
 
 127 
 
 .88.81 
 
 7 
 
 4.90 
 
 5 
 
 3-49 
 
 4 
 
 2.80 
 
 l6 
 
 11.19 
 
 143 
 
 1837 
 
 46 
 
 28.57 
 
 33 
 
 20.50 
 
 67 
 
 41.61 
 
 146 
 
 90.68 
 
 4 
 
 2-49 
 
 4 
 
 2 49 
 
 7 
 
 4-34 
 
 15 
 
 9.32 
 
 l6l 
 
 1838 
 
 54 
 
 30.3 3 
 
 34 
 
 19.10 
 
 69 
 
 38.77 
 
 157 
 
 88.20 
 
 11 
 
 6.18 
 
 4 
 
 2.25 
 
 6 
 
 3-37 
 
 21 
 
 11.80 
 
 178 
 
 1839 
 
 54 
 
 30.17 
 
 45 
 
 25.14 
 
 69 
 
 38.55 
 
 168 
 
 93.86 
 
 3 
 
 1.67 
 
 2 
 
 1.12 
 
 6 
 
 3-35 
 
 11 
 
 6.14 
 
 179 
 
 1840 
 
 39 
 
 28.06 
 
 24 
 
 17.27 
 
 58 
 
 41 72 
 
 121 
 
 87.05 
 
 6 
 
 4.32 
 
 3 
 
 „ 2.16 
 
 9 
 
 6-47 
 
 18 
 
 12.95 
 
 139 
 
 1841 
 
 26 
 
 20.63 
 
 24 
 
 19.05 
 
 58 
 
 46.03 
 
 108 
 
 85-71 
 
 6 
 
 4.76 
 
 1 
 
 .80 
 
 II 
 
 8.73 
 
 18 
 
 14.29 
 
 126 
 
 1842 
 
 29 
 
 20.42 
 
 25 
 
 17.61 
 
 71 
 
 50.00 
 
 125 
 
 88.03 
 
 4 
 
 2.82 
 
 4 
 
 2.82 
 
 9 
 
 6-33 
 
 17 
 
 11.97 
 
 142 
 
 1843 
 
 3i 
 
 19.87 
 
 25 
 
 16.03 
 
 86 
 
 55-13 
 
 142 
 
 91.03 
 
 3 
 
 1.92 
 
 3 
 
 1.92 
 
 8 
 
 5-13 
 
 14 
 
 8.97 
 
 156 
 
 1844 
 
 3i 
 
 22.47 
 
 25 
 
 18 11 
 
 63 
 
 45-65 
 
 119 
 
 86.23 
 
 2 
 
 1.45 
 
 2 
 
 i-45 
 
 15 
 
 10.87 
 
 J 9 
 
 13-77 
 
 138 
 
 1845 
 
 15 
 
 10.49 
 
 29 
 
 20.28 
 
 62 
 
 43-35 
 
 106 
 
 74.12 
 
 9 
 
 6.30 
 
 5 
 
 3.50 
 
 23 
 
 16.08 
 
 37 
 
 25.88 
 
 143 
 
 1846 
 
 14 
 
 11.97 
 
 13 
 
 11.11 
 
 69 
 
 58.98 
 
 96 
 
 82.05 
 
 6 
 
 5-13 
 
 6 
 
 5-13 
 
 9 
 
 7.69 
 
 21 
 
 17-95 
 
 117 
 
 1847 
 
 23 
 
 18.55 
 
 11 
 
 8.87 
 
 58 
 
 46.77 
 
 92 
 
 74-19 
 
 6 
 
 4.84 
 
 3 
 
 2.42 
 
 23 
 
 18.55 
 
 32 
 
 25.81 
 
 124 
 
 1848 
 
 20 
 
 16.53 
 
 11 
 
 9.09 
 
 68 
 
 56.20 
 
 99 
 
 81.82 
 
 4 
 
 3.30 
 
 9 
 
 7-44 
 
 9 
 
 744 
 
 22 
 
 18.18 
 
 121 
 
 1849 
 
 19 
 
 14.84 
 
 14 
 
 10.94 
 
 61 
 
 47.66 
 
 94 
 
 73-44 
 
 7 
 
 5-47 
 
 9 
 
 7.03 
 
 18 
 
 14.06 
 
 34 
 
 26.56 
 
 128 
 
 1850 
 
 11 
 
 7-33 
 
 18 
 
 12.00 
 
 72 
 
 48.00 
 
 IOI 
 
 67-3 3 
 
 19 
 
 12.67 
 
 11 
 
 7-33 
 
 19 
 
 12.67 
 
 49 
 
 32.67 
 
 150 
 
 1851 
 
 *4 
 
 9.52 
 
 20 
 
 13.61 
 
 85 
 
 57.82 
 
 119 
 
 80.95 
 
 3 
 
 2.04 
 
 10 
 
 6.80 
 
 15 
 
 10.21 
 
 28 
 
 19.05 
 
 147 
 
 1852 
 
 13 
 
 10.32 
 
 13 
 
 10.32 
 
 69 
 
 54.76 
 
 95 
 
 75-40 
 
 5 
 
 3-97 
 
 8 
 
 6-35 
 
 18 
 
 14.28 
 
 31 
 
 24.60 
 
 126 
 
 1853 
 
 12 
 
 10.26 
 
 9 
 
 7.69 
 
 70 
 
 59.83 
 
 9 1 
 
 77.78 
 
 5 
 
 4.27 
 
 5 
 
 427 
 
 16 
 
 13.68 
 
 26 
 
 22.22 
 
 117 
 
 1854 
 
 14 
 
 11.29 
 
 15 
 
 12.10 
 
 72 
 
 58.06 
 
 IOI 
 
 81.45 
 
 3 
 
 2.42 
 
 6 
 
 4.84 
 
 14 
 
 11.29 
 
 23 
 
 18.55 
 
 124 
 
 1855 
 
 6 
 
 4.11 
 
 12 
 
 8.22 
 
 105 
 
 71-91 
 
 123 
 
 84.24 
 
 5 
 
 3-43 
 
 5 
 
 3-43 
 
 13 
 
 8.90 
 
 23 
 
 15.76 
 
 146 
 
 1856 
 
 16 
 
 10.96 
 
 10 
 
 6.85 
 
 96 
 
 65-75 
 
 122 
 
 83 56 
 
 4 
 
 2.74 
 
 5 
 
 3-43 
 
 15 
 
 10.27 
 
 24 
 
 16.44 
 
 146 
 
 1857 
 
 38 
 
 16.03 
 
 37 
 
 15.61 
 
 136 
 
 57-39 
 
 211 
 
 89.03 
 
 6 
 
 2-53 
 
 4 
 
 1.69 
 
 16 
 
 6-75 
 
 26 
 
 10.97 
 
 237 
 
 1858 
 
 29 
 
 14.01 
 
 25 
 
 12.08 
 
 122 
 
 58.93 
 
 176 
 
 85.02 
 
 7 
 
 3-38 
 
 2 
 
 •97 
 
 22 
 
 18.63 
 
 3i 
 
 1498 
 
 207 
 
 1859 
 
 25 
 
 12.19 
 
 29 
 
 9.27 
 
 123 
 
 60.00 
 
 167 
 
 81.46 
 
 8 
 
 3.90 
 
 13 
 
 6.34 
 
 17 
 
 8.30 
 
 33 
 
 18.54 
 
 205 
 
 i860 
 
 33 
 
 12.74 
 
 29 
 
 11.20 
 
 152 
 
 58.68 
 
 214 
 
 82.62 
 
 8 
 
 3.09 
 
 8 
 
 3.09 
 
 29 
 
 11.20 
 
 45 
 
 17.38 
 
 259 
 
 1861 
 
 28 
 
 15.38 
 
 24 
 
 13.19 
 
 94 
 
 51.65 
 
 146 
 
 80.22 
 
 6 
 
 3.30 
 
 2 
 
 I.IO 
 
 28 
 
 15.38 
 
 36 
 
 19.78 
 
 182 
 
 1862 
 
 18 
 
 13-33 
 
 22 
 
 16 30 
 
 64 
 
 47-41 
 
 I04 
 
 77.04 
 
 8 
 
 5-93 
 
 7 
 
 5.18 
 
 16 
 
 u.85 
 
 3i 
 
 22.96 
 
 135 
 
 1863 
 
 18 
 
 9.83 
 
 22 
 
 12.02 
 
 103 
 
 56.30 
 
 143 
 
 78.15 
 
 8 
 
 4-37 
 
 5 
 
 2.73 
 
 27 
 
 1475 
 
 40 
 
 21.85 
 
 183 
 
 1864 
 
 21 
 
 14.00 
 
 11 
 
 7-33 
 
 81 
 
 54.00 
 
 113 
 
 75-33 
 
 7 
 
 4.67 
 
 10 
 
 6.67 
 
 20 
 
 1333 
 
 37 
 
 24.67 
 
 150 
 
 1865 
 
 4> 
 
 15-95 
 
 26 
 
 10.12 
 
 l6l 
 
 62.65 
 
 228 
 
 88,72 
 
 8 
 
 3.11 
 
 3 
 
 1.17 
 
 18 
 
 7.00 
 
 29 
 
 11.28 
 
 257 
 
 1866 
 
 42 
 
 11.54 
 
 35 
 
 9.61 
 
 246 
 
 67.59 
 
 323 
 
 88.74 
 
 10 
 
 2.75 
 
 3 
 
 .82 
 
 28 
 
 7.69 
 
 41 
 
 11.26 
 
 364 
 
 1867 
 
 48 
 
 j 6-49 
 
 19 
 
 6.53 
 
 1 73 
 
 59 45 
 
 24O 
 
 8247 
 
 14 
 
 4.81 
 
 5 
 
 1.72 
 
 32 
 
 11.00 
 
 5i 
 
 17-53 
 
 29I 
 
 1868 
 
 33 
 
 13.04 
 
 23 
 
 9.09 
 
 162 
 
 64.03 
 
 218 
 
 86.16 
 
 8 
 
 3.16 
 
 3 
 
 1.19 
 
 24 
 
 9-49 
 
 35 
 
 13.84 
 
 253 
 
 1869 
 
 37 
 
 11.98 
 
 36 
 
 11.65 
 
 184 
 
 59-54 
 
 257 
 
 83.17 
 
 14 
 
 4-53 
 
 3 
 
 •97 
 
 35 
 
 11.33 
 
 52 
 
 16.83 
 
 309 
 
 1870 
 
 44 
 
 «3-97 
 
 20 
 
 6.35 
 
 181 
 
 57-46 
 
 245 
 
 77.78 
 
 18 
 
 5-71 
 
 IO 
 
 3.18 
 
 42 
 
 13-33 
 
 70 
 
 22.22 
 
 315 
 
 1871 
 
 40 
 
 16.67 
 
 8 
 
 3-33 
 
 137 
 
 57.08 
 
 185 
 
 77,08 
 
 14 
 
 5.84 
 
 2 
 
 .83 
 
 39 
 
 16.25 
 
 55 
 
 22.92 
 
 24O 
 
 Totals 
 
 1136 
 
 16.02 
 
 910 
 
 12.S3 
 
 3867 
 
 54-53 
 
 5913 
 
 83.38 
 
 282 
 
 3-97 
 
 214 
 
 3.02 
 
 683 
 
 9.63 
 
 "79 
 
 16.62 
 
 7092 
 
I 4 I 
 
 MINOR CONVICTS. 
 
 Statement showing the number of Convicts received each year, also the Sex and Color 
 of A/itior Convicts, (those under 21 years of age,) with the number convicted for 
 Crimes against Property and Crimes against Persons. 
 
 Whole Number Received. 
 
 Number of Minor Convicts Received. 
 
 Years. 
 
 White Males. 
 
 White Females. 
 
 Colored Males. 
 
 Colored Females. 
 
 1 
 
 Total. 
 
 White Males. 
 
 White Females. 
 
 Colored Males. 
 
 Colored Females. 
 
 Total. 
 
 Annual 
 
 Per Cent. 
 
 Against Property. 
 
 Against Persons. 
 
 Total. 
 
 1819 
 
 8 
 
 
 1 
 
 • • 
 
 9 
 
 3 
 
 
 I 
 
 • • 
 
 4 
 
 44-44 
 
 4 
 
 • • 
 
 4 
 
 1830 
 
 34 
 
 
 15 
 
 ■ • 
 
 49 
 
 7 
 
 
 1 
 
 • • 
 
 8 
 
 16.33 
 
 8 
 
 • • 
 
 8 
 
 1831 
 
 37 
 
 
 9 
 
 4 
 
 50 
 
 4 
 
 
 2 
 
 1 
 
 7 
 
 14 00 
 
 6 
 
 1 
 
 7 
 
 1832 
 
 z8 
 
 
 6 
 
 • • 
 
 34 
 
 2 
 
 
 2 
 
 
 4 
 
 11.76 
 
 3 
 
 1 
 
 4 
 
 1833 
 
 54 
 
 
 13 
 
 • • 
 
 77 
 
 7 
 
 
 8 
 
 • • 
 
 25 
 
 29.48 
 
 15 
 
 • • 
 
 i 5 
 
 1834 
 
 77 
 
 . • 
 
 4 i 
 
 • 
 
 118 
 
 8 
 
 
 24 
 
 ♦ • 
 
 22 
 
 18.64 
 
 20 
 
 2 
 
 22 
 
 1835 
 
 115 
 
 8 
 
 84 
 
 IO 
 
 217 
 
 16 
 
 3 
 
 21 
 
 6 
 
 46 
 
 21.19 
 
 42 
 
 4 
 
 46 
 
 1836 
 
 81 
 
 3 
 
 Si 
 
 8 
 
 M 3 
 
 4 
 
 
 9 
 
 4 
 
 27 
 
 11.89 
 
 16 
 
 1 
 
 27 
 
 1837 
 
 100 
 
 1 
 
 58 
 
 2 
 
 161 
 
 10 
 
 
 12 
 
 I 
 
 13 
 
 14.28 
 
 29 
 
 4 
 
 23 
 
 1838 
 
 109 
 
 6 
 
 55 
 
 8 
 
 278 
 
 24 
 
 2 
 
 6 
 
 3 
 
 25 
 
 14.04 
 
 22 
 
 3 
 
 25 
 
 1839 
 
 96 
 
 3 
 
 65 
 
 15 
 
 179 
 
 8 
 
 
 20 
 
 4 
 
 32 
 
 2787 
 
 3 ° 
 
 2 
 
 32 
 
 1840 
 
 86 
 
 2 
 
 46 
 
 5 
 
 239 
 
 11 
 
 
 18 
 
 1 
 
 30 
 
 21.58 
 
 28 
 
 2 
 
 30 
 
 1841 
 
 8z 
 
 I 
 
 37 
 
 6 
 
 126 
 
 8 
 
 
 6 
 
 3 
 
 >7 
 
 2 3-49 
 
 16 
 
 1 
 
 27 
 
 184Z 
 
 99 
 
 3 
 
 40 
 
 • • 
 
 142 
 
 8 
 
 I 
 
 11 
 
 • . 
 
 20 
 
 14.08 
 
 20 
 
 • • 
 
 20 
 
 1843 
 
 111 
 
 2 
 
 38 
 
 5 
 
 156 
 
 n 
 
 • • 
 
 8 
 
 1 
 
 20 
 
 I2 , 8z 
 
 18 
 
 2 
 
 20 
 
 1844 
 
 99 
 
 7 
 
 27 
 
 5 
 
 138 
 
 25 
 
 2 
 
 7 
 
 2 
 
 26 
 
 18.84 
 
 25 
 
 1 
 
 26 
 
 1845 
 
 109 
 
 6 
 
 22 
 
 6 
 
 *43 
 
 10 
 
 I 
 
 9 
 
 5 
 
 25 
 
 17.48 
 
 18 
 
 7 
 
 25 
 
 1846 
 
 87 
 
 3 
 
 i 3 
 
 4 
 
 217 
 
 9 
 
 2 
 
 7 
 
 3 
 
 21 
 
 27-95 
 
 19 
 
 2 
 
 21 
 
 1847 
 
 85 
 
 I 
 
 33 
 
 5 
 
 124 
 
 15 
 
 • • 
 
 7 
 
 4 
 
 26 
 
 20.97 
 
 21 
 
 5 
 
 26 
 
 1848 
 
 86 
 
 2 
 
 30 
 
 3 
 
 IZI 
 
 24 
 
 • • 
 
 8 
 
 2 
 
 24 
 
 19.83 
 
 23 
 
 1 
 
 24 
 
 1849 
 
 IOI 
 
 2 
 
 23 
 
 2 
 
 128 
 
 19 
 
 2 
 
 3 
 
 I 
 
 25 
 
 19-53 
 
 18 
 
 7 
 
 25 
 
 1850 
 
 III 
 
 5 
 
 29 
 
 5 
 
 250 
 
 30 
 
 I 
 
 8 
 
 3 
 
 42 
 
 28.00 
 
 23 
 
 29 
 
 42 
 
 1851 
 
 no 
 
 H 
 
 19 
 
 6 
 
 247 
 
 27 
 
 4 
 
 4 
 
 3 
 
 28 
 
 19.05 
 
 26 
 
 2 
 
 28 
 
 i85z 
 
 109 
 
 4 
 
 12 
 
 1 
 
 126 
 
 21 
 
 3 
 
 3 
 
 1 
 
 28 
 
 22.22 
 
 17 
 
 11 
 
 28 
 
 1853 
 
 IOI 
 
 5 
 
 10 
 
 I 
 
 117 
 
 16 
 
 1 
 
 3 
 
 • • 
 
 20 
 
 27.O9 
 
 27 
 
 3 
 
 20 
 
 1854 
 
 99 
 
 2 
 
 20 
 
 3 
 
 124 
 
 21 
 
 1 
 
 3 
 
 2 
 
 27 
 
 21.77 
 
 20 
 
 7 
 
 27 
 
 1855 
 
 115 
 
 H 
 
 29 
 
 I 
 
 146 
 
 29 
 
 2 
 
 6 
 
 1 
 
 38 
 
 26.03 
 
 33 
 
 5 
 
 38 
 
 1856 
 
 118 
 
 9 
 
 17 
 
 2 
 
 146 
 
 33 
 
 1 
 
 5 
 
 2 
 
 42 
 
 28.08 
 
 33 
 
 8 
 
 42 
 
 l8 57 
 
 191 
 
 8 
 
 3 i 
 
 7 
 
 237 
 
 45 
 
 2 
 
 4 
 
 2 
 
 53 
 
 22.36 
 
 50 
 
 3 
 
 53 
 
 1858 
 
 17Z 
 
 3 
 
 29 
 
 3 
 
 207 
 
 35 
 
 • • 
 
 11 
 
 2 
 
 48 
 
 23.19 
 
 44 
 
 4 
 
 48 
 
 i8 59 
 
 i7z 
 
 16 
 
 16 
 
 I 
 
 205 
 
 38 
 
 3 
 
 , # 
 
 • . 
 
 42 
 
 20.00 
 
 39 
 
 2 
 
 42 
 
 i860 
 
 214 
 
 5 
 
 39 
 
 1 
 
 259 
 
 47 
 
 1 
 
 9 
 
 • • 
 
 57 
 
 22.01 
 
 5 i 
 
 6 
 
 57 
 
 1861 
 
 145 
 
 9 
 
 27 
 
 1 
 
 182 
 
 >9 
 
 4 
 
 11 
 
 • . 
 
 34 
 
 18.68 
 
 29 
 
 5 
 
 34 
 
 i86z 
 
 106 
 
 8 
 
 20 
 
 1 
 
 235 
 
 10 
 
 3 
 
 9 
 
 • . 
 
 22 
 
 16.29 
 
 24 
 
 8 
 
 22 
 
 1863 
 
 142 
 
 12 
 
 26 
 
 3 
 
 183 
 
 31 
 
 2 
 
 9 
 
 1 
 
 43 
 
 23.49 
 
 35 
 
 8 
 
 43 
 
 1864 
 
 129 
 
 10 
 
 8 
 
 3 
 
 250 
 
 20 
 
 5 
 
 2 
 
 3 
 
 30 
 
 20.00 
 
 26 
 
 4 
 
 30 
 
 1865 
 
 230 
 
 9 
 
 15 
 
 3 
 
 257 
 
 42 
 
 2 
 
 7 
 
 3 
 
 54 
 
 21.01 
 
 50 
 
 4 
 
 54 
 
 1866 
 
 312 
 
 10 
 
 37 
 
 5 
 
 364 
 
 78 
 
 5 
 
 16 
 
 2 
 
 IOI 
 
 27.74 
 
 93 
 
 8 
 
 IOI 
 
 1867 
 
 247 
 
 3 
 
 40 
 
 1 
 
 291 
 
 46 
 
 1 
 
 14 
 
 1 
 
 62 
 
 21.31 
 
 56 
 
 6 
 
 62 
 
 1868 
 
 215 
 
 3 
 
 35 
 
 • • 
 
 253 
 
 35 
 
 1 
 
 9 
 
 • • 
 
 45 
 
 27.78 
 
 40 
 
 5 
 
 45 
 
 1869 
 
 260 
 
 6 
 
 42 
 
 I 
 
 309 
 
 77 
 
 2 
 
 24 
 
 • • 
 
 93 
 
 30.10 
 
 77 
 
 16 
 
 93 
 
 1870 
 
 271 
 
 5 
 
 39 
 
 • . 
 
 3>5 
 
 46 
 
 3 
 
 12 
 
 • • 
 
 61 
 
 19 37 
 
 53 
 
 8 
 
 61 
 
 1871 
 
 209 
 
 3 
 
 27 
 
 I 
 
 240 
 
 40 
 
 • • 
 
 9 
 
 • • 
 
 49 
 
 20.42 
 
 36 
 
 13 
 
 49 
 
 Totals. 
 
 5462 
 
 208 
 
 1284 
 
 138 
 
 7092 
 
 979 
 
 60 
 
 348 
 
 67 
 
 |i 454 
 
 20.50 
 
 1253 
 
 201 
 
 2454 
 
 Convicted of 
 Crimes. 
 
 19 
 

 The purpose in preparing the foregoing pages, it is 
 hoped, has been sufficiently developed to be understood 
 and appreciated. 
 
 In this brief sketch of the origin and history of the 
 State Penitentiary, at Philadelphia, and the separate , or 
 individual-treatment system of penitentiary discipline 
 there administered, the design has been simply to por¬ 
 tray the progress made, from the first efforts to alleviate 
 
 the miseries of prisoners, to the present condition of the 
 
 k .+ - •' '■ * f 
 
 separate system as now in operation in the Penitentiary 
 at Philadelphia. 
 
 It will be observed that the starting point of reform 
 was the non-association of prisoners, who were then con¬ 
 gregated in a common jail, where their “ miseries,” and 
 the fearful effects of contamination, induced the first 
 efforts for non-association, under the term “ solitude,” or 
 “ solitary imprisonment.” From that period the develop¬ 
 ment progressed, until the “ separate ” system became 
 the more exact definition of the principle of punishment. 
 Now it has reached a point when it is best explained as 
 the “individual-treatment system,” which unites the 
 idea of separation, and non-association, and at the 
 
143 
 
 same time presents the best method of punishment, 
 during which, reform, education, improvement, and such 
 other means of personal benefit to the convict, and 
 the greatest advantage to society, are unitedly and 
 successfully applied. 
 
 Whatever of prejudice against our plan of punish¬ 
 ment and reform, or unbelief in its theory and results 
 may heretofore have existed, enough has been presented 
 in these pages, at least, to cause a candid examination of 
 a system which fearlessly invites intelligent examination, 
 and frankly exhibits the results of its administration. 
 
 THE * OF THE 
 
 JUN 6 1934 
 
 'iOlS