KalESfl NATIONAL LIBRARY OF MEDICINE Bethesda, Maryland THE HISTORY TREAD-MILL, CONTAINING AN ACCOUNT OF ITS ORIGIN, CONSTRUCTION, OPERATION, EFFECTS AS IT RESPECTS THE HEALTH AND MORALS OF THE CONVICTS, WITH THEIR TREATMENT AND DIET J ALSO, A GENERAL VIEW OF THE PENITEIVTIAHY S7STEIVZ, *HTiI ALTERATIONS NECESSARY TO BE INTRODUCED INTO OUR CRIMINAL CODE, FOR ITS IMPROVEMENT. BY JAMES HARDIE, A.M. NEW-YORK: PRINTED BY SAMUEL MARKS. No. 63 Vesey-street; 1824, Southern District of JfeW'York, as. Be it remembered, That on the second day ot Octo- ber, A. D. 1824, in the forty-ninth year of the Independence L. S. of the United States of America, James Hardie, of the said District, hath deposited in this office the title of a Book, the right whereof he claims as Author and Proprietor, in the words following, to wit : The history of the Tread-Mill, containing an account of its origin, construction, operation, effects as it respects the health and morals of the convicts, with their treatment and diet ; also a general view ot the Penitentiary System, with alterations necessary to he introduced into our criminal code, for its improvement, by James Hardie. A. M. In conformity to the Act of Congress of the United States, entitled "An Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during the time therein mentioned." And also to an Act. entitled " An Act, supplementary to an Act, entitled an Act for the encouragement of Learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies,, during the times therein mentioned, and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints." JAMES DILL, Clerk of the Southern District ofJVew.rork Upwards of forty years have elapsed, since my arrival in this country, during the greatest part of which time, the different spheres, in which I have moved, have uni- formly placed me in a very conspicuous situation. Hence it is well known to many of my fellovv-cititzens, that if 1 had made a proper use of the opportunities presented to me, I might, agreeably to the common expression, have been now independent. But, like many others, on whom God has been graciously pleased to bestow considerable talents, I made a very improper use of them. I for many years, sacrificed freely at the shrine of Bacchus, and have duly received the reward, which, in general, falls to the lot of his votaries, viz. shame, disgrace and poverty, so that I, who might have rode in my coach, was, at the age of sixty, glad to seek an asylum for my declining years, in the Aims-House. About two months, however, previous to my going there, it pleased God, " from whom all holy desires, all good counsels, and all just works do proceed," to endow me with sufficient fortitude to overcome the greatest ene- my, that I or any unfortunate man ever encountered, I mean, Ardent Spirits. This victory, so very import- ant to me, was obtained on the 12th day of January last (a day, which as long as I live, I shall ever remember, with thanksgiving and prayer,) since which time, I have held, in perfect abhorrence, the bewitching draught. The following are some of the consequences arising from this salutary reform. The alteration in my countenance for the letter, has struck those, who were more intimately A 2 IV PREFACE. acquainted with me, with pleasure, as well as astoimfi- raent ; my constitution, which was greatly shattered, is # in a great measure, restored ; and what is of much great- er importance, I enjoy a uniform serenity and composure of mind, to which I had, for many years, been an absolute stranger. To this, I may add, as another blessing, thai many of my much respected friends, who lately with great propriety, treated me in a cool and distant manner, now receive me with a degree of cordiality and friendship, which abundantly shew, that they consider me as a new man. Amongst those, who are deservedly branded with the detestable epithet of drunkard, charity induces me to be- lieve, that there are few, who have not occasionally de> termined to abandon this abominable practice ; but, in their attempt to effect this desirable object, their com- mencement has been radically wrong. They have set out in their own strength, and not as they ought in that of God the Lord, and under the mistaken idea, 'hat they might partially indulge in their favourite vice and leave it off by degrees. Upon this subject, I can boldly aver, that the late celebrated Dr. Rush, of Phila- delphia, in his invaluable tract, entitled, " An inquiry in- to the effects of Ardent Spirits upon the human body and mind," expresses himself in a language so correct and energetic, that it seems to resemble that of holy writ. " It has been said," says the Doctor, "that the disuse of Spirits should be gradual ; but my observation authorises me to say, that persons, who have been addicted to them, should abstain from them suddenly and entirely. i Taste not, handle not, touch not,' should be inscribed upon every vessel, that contains Spirits in the house «f a man, who wishes to be cured of intemperance." I know, from ex- perience, that when a person, who is a slave to ardent spirits, shall thus abruptly leave them off, his sufferings will be severe; but if he take into consideration, that whatever these may be, there is no danger, that his tran- sition to sober habits will be attended with any bad con- sequences ; but that on the other hand, it will/in all pro- bability, be productive of permanent health of body and peace of mind, he will, as he values his temporal and eternal PREFACE. v happiness, cheerfully persevere, and in due time, receive a reward of inestimable value, if he faint not. Let no man, therefore, when he reads this part of my story, say that he cannot overcome the brutal sin of drunkenness. He has only tobe sensible of the enormity of the crime, to put on a firm and decisive resolution against it, and to pray fervently for divine assistance. By these means, he may rest as- sured, that his efforts will be crowned with success. It is to be lamented, however, that there are many, who consider drunkenness as a very trivial offence, and rather view it as a necessary concomitant of good fellowship. But if there be any professor of the Christian religion, who entertains such an opinion, let him read with atten- tion the following texts, selected from the sacred Scrip- tures, and he will be convinced of his errour. " The drunkard shall come to povert}'." Prov. xxiii. 2 1 . " Woe to the drunkards — the drunkards of Ephraim shall be trodden under foot." Isaiah xxviii. 1 — 3. " I have written unto you not to keep company, if any man, that is called a brother, be a drunkard — with such an one, no, not to eat." 1 Cor. v. 11. " Our son is a drunkard. All the men of the city shall stone him with stones, that he die." Deut. xxi. 20. " Be not deceived, the drunkard shall not inherit the kingdom of God." 1 Cor. vi. 10. I have already observed, that drunkenness was the cause, which compelled me to seek an asylum in the Alms House, and there the report of my misconduct had prece- ded me. This circumstance, at first, seemed to operate against me ; but I had no just cause of complaint, as my indiscretion had been so glaring, that I had very deserv- edly become an object of suspicion and censure. My reformation, however, became known to Arthur Bur- tis, Esq. the superintendent, soon after my arrival, who thenceforth, with that benevolence, which he uniformly displays to every one, who deserves it, studied to pro- mote my happiness. On the 14th April, with the con- sent of William Hoghland, Esq. the worthy superintend- ent of the Penitentiary, I was made gate-keeper of the Tread-Mill, an office, at which I would have formerly spurned ; but which, when I considered the low situation vi PREFACE. to which I had reduced myself, by my own extravagance, I accepted with gratitude. Since that time, I have wanted for nothing, and as I have been kept constantly employ- ed, I enjoy much more comfort than I could have reason- ably expected. It is said in holy writ, that "joy shall be in heaven over one sinner that repenteth, more than over ninety and nine just persons, that need no repentance." Luke xv. 7. Let the drunkard then take courage; for when he (i turneth away from the wickedness that he hath com- mitted, and doeth that which is lawful and right, he shall save his soul alive." Ezekiel xviii. 27, and though it be impossible for him, while in this probationary state, to participate in those joys, which God has prepared, in the regions above, for those who love him : yet he may rest assured, that notwithstanding the sneers of the impious,, at what they may deem timidity, in respect to the impor- tant change which has taken place in his conduct, his re- formation will no sooner be known amongst that part of his acquaintances, who may be designated wise and good. than they will receive the returning prodigal with un- speakable delight as a " brother, who was dead and is alive again, who was lost and is found." Luke xv. 32, in consequence of which, he may be said to enjoy a little heaven below. But what, it may be asked, has all this to do, with the subject of the Tread-Mill ? I answer and can easily prove to the satisfaction of my readers, that it is immediately connected with it. " The propensities and habits," says Governor Wolcott, of Connecticut, " which dispose men to the commission of crimes, are violent passions, intem- perance and dishonesty :" but from what I have observ- ed, and I have thought upon the subject long before I had any connection with the Penitentiary, I am induced to be- lieve, that violent passions and dishonesty are, in gene- ral, the effects of intemperance : so that intemperance alone may be considered as the primum mobile, or first cause of all the evil, which it is my lot to witness daily, in that place, where attempts are made, by punish* ment and actual privations, to convince offenders thai " the icay of transgressors is hard" Prow xiii. 15. PREFACE. vii But intemperance is an evil of much greater magnitude than is generally imagined, and spares no rank or condition of persons in the community; being equally destructive to the happiness of its votaries, whether they wallow in af- fluence, walk in the middling spheres of life, or be sunk in indigence and obscurity. Tt fills our prisons with debtors, our Aims-Houses with paupers, our Bridewells, Peni- tentiaries, and State-Prisons, with criminals and our cemeteries, with many tenants, who, it is greatly to be feared, were ill prepared to meet their God, and who in point of number, exceed those, who have fallen victims to all other diseases put together. With respect to our State-Prison and Penitentiary in this City, I fear there is too much truth in the assertion, which has been made by some, that there are more than seven eights of their re- spective inmates, who have brought themselves into their present situation, by the inordinate use of Ardent Spirits. Of all the calamities, which ever befell the United States^ this is, by far the most dreadful. Of war and pestilence it may be said, that they slay their thousands; but of in- temperance, that it destroys its tens of thousands. Ye ministers of the blessed gospel ' ye representatives of the people, whether in our national or state legislatures ! ye governors and judges ! ye patriots, philanthropists, phi-, losophers, and sages ! arouse from your lethargy and unite your exertions, in removing this indelible degrace of our beloved country, this fell, this ruthless destroyer, and if you should be so fortunate as to succeed in the enter- prise, you will achieve more real glory, than if, by your united wisdom, you |iad planned the destruction of some terribly powerful fleets and armies. Then there will be a reformation of morals, which will render our Peniten- tiary system as complete as the friends of humanity could reasonably expect, in this state of imperfection, and many hundreds of those, who are now the pests of society, would find themselves much more happy, in being able, by their honest industry, to prqvide for themselves. It is now time, that I should draw this preface^ which is considerably longer than I at first intended, to a close. But before I conclude, it is proper I should ac« knowledge; that/or some of the useful information contain- via PREFACE. ed in the following pages, I am greatly indebted to Ste- phen Allen, Esq. our late Mayor, who very obligingly supplied me with sundry books and pamphlets well suited to my purpose. From one of these, in particular, enti- tled, " Reports on the Stepping or Discipline Mill, at the Nero-York Penitentiary, together with sundry letters on the subject, written by the (said) Mayor," and pub- lished by order of the Common Council, January 20, 1823, 1 have freely extracted some interesting remarks, for which liberty, I with pleasure, make this grateful ac- knowledgement. To Thomas Eddy, Esq. a gentleman, whose zeal in the cause of humanity is well known in Europe as well as in this country, I likewise, return my sincere thanks, for the many useful hints as well as for the pamphlets, with which he was pleased to honour me. From these, I trust, that I have reaped considerable benefit ; but more espe- cially from his "Communication to Stephen Allen, Esq. Mayor of the City of New- York," &c. dated 10th month, (October) 8th, 1823, and published by order of the Cor- poration. This is a very interesting tract, and points out in a concise and impressive manner the present defects in the mode of employing convicts on the Tread-Mill and the adequate remedy. Of this, it will be seen, that I have duly availed myself, when treating on this important part of my subject. On the whole, I have now only to observe, that in the following pages, I have aimed at accuracy in every line, and have been actuated by a sincere desire to communi- cate what appeared to me to be useful information. How far I have succeeded, it will rest with a judicious public to determine. JAMES HARDIE. Bellevuey 22d October , 1524. THE HISTORY OF THE TREAD-MILL. CHAPTER I. OF THK PUNISHMENT OP CRIMINALS. It has, for many centuries, been the barbarous practice of most of the legislators of Europe, to endeavour to les- sen the number of crimes, not by the reformation of offen- ders ; but by cutting them off from society, by a shameful and ignominious death, and that too often, for offences of so trivial a nature, as, by no means to justify the infliction of so dreadful a punishment. No one possessed of com- mon sense will deny, that the life of a man is worth that of many of the most valuable animals ; yet, by the laws of Great-Britain, on which the criminal statutes of the American colonies, (now the United States) were found- ed, many a poor wretch has finished his career on the gal- lows, for stealing an ox or a sheep, although according to the laws of Moses, the punishment to be inflicted, in such case, was as follows : " If any man shall steal an ox or a sheep, and kill it, or sell it, he shall restore five oxen for an ox, and four sheep for a sheep." Exodus xxii. 1. But the least reflection might have convinced those, who act- ed in this manner, that their laws, which, might be said to have been written in blood, by no means, answered the puTpose, for which they were intended* For is it not 10 THE HISTORY OF well known, that, in London, where executions are not only frequent, but numerous, persons have been often de- tected in the act of picking pockets, at the very moment, when they saw others struggling in the agonies of death for the commission of the same offence ? And does not every aged citizen of this state recollect, that immediate- ly after the revolution, and before, there had been leisure to revise our criminal code, executions were common, particularly in this city, for burglaries, robberies, rapes, forgeries, and even for thefts ? And if he take into con- sideration, that the population was not then one sixth part as great as it is now — will he not be satisfied, that, notwithstanding the savage cruelty, with which crimes were at that time punished, they were fully as great, in proportion, as they are at present ? From these, as well as from other considerations, the friends of humanity, being well convinced, that the mul- tiplicity of sanguinary punishments was worse than use- less, deemed it a sacred duty to devote their attention to the discovery of some means, by which men might be de- terred from the commission of crimes, without having re- course to the dreadful practice of taking thp lives of male- factors for the sake of example. Many, indeed, have gone so far, as to doubt the propriety of taking the life of a man, by legal process, for any offence whatever ; while others are willing that this punishment should be inflict- ed for murder, because they consider it as the command of God, that " Whosoever sheddeth man's blood, by man shall his blood be shed." Gen. ix. 6. It is not my inten- tion to express my own opinion upon this subject, as it would lead me from the object, which I have more imme- diately in view. I shall therefore, only observe, that as life is the immediate gift of God, and when taken away, can only be restored by him, who gave it, the punishment of death ought never to be inflicted, even for the most enor- mous crimes, without extreme caution. Human tribunals, in the administration of justice, have often erred ; but when their sentence goes no farther than to deprive an offender of his liberty or property, if it should afterwards appear, that he was innocent, it is easy to restore him to the full enjoyment of either j but when life has been taken THE TREAD-MILL. 11 away, it is far beyond the reach of human power to make restitution. In Great-Britain, for many years, the punishment for certain offences, which had heretofore been deemed capi- tal, has been changed to banishment. This appears to have been one of the most rational modes of preventing Crimes, which could have been adopted, as the exile was rendered fully as incapable of transgressing, at least, in Great-Britain or Ireland, as if he had suffered death; and it was hoped, that the circumstance of hi? being banished to a place so far remote, as to render it almost impossible, that he should ever return, would deter others from the commission of crimes, for which they would be compelled to leave the land of their nativ- ity, their relations, and friends. According to late ac- counts, however, many of the convicts have written so flattering accounts of their success to their friends at home, as to induce numbers to violate the laws, in order that they might be sent to join their former companions, and to participate in their prosperity. From this circum- stance, government has of late found it necessary to ban- ish their culprits to a less salubrious climate, where they will be kept at hard labour on fortifications and other public works, and where the chance of accumulating pro- perty will be less than in New-Holland. But it would be needless to enter on the advantages or disadvantages, which might result to the United States from the banish- ment of their criminals, as they have no territory, to which they could send them, from which it would not be practicable for them to return. The late grand Duke of Tuscany was the first European sovereign, who abolished the punishment of death, for all crimes whatever, in his dominions, and enacted, that, in- stead thereof, criminals should be sentenced by the judges to confinement at hard labour for life, or for a shorter pe- riod, according to the nature of the crimes, of which they should be convicted. When that prince ascended the throne, his dominions were overrun by robbers and assas- sins. Robberies and murders were common, and the wheel, the rack, and the gallows were seen in all quarters. On reading the celebrated work of theMarquis Beccaria B [2 THE HISTORY OF he entirely abolished capital punishments. An army of executioners with their instruments of death were dis- missed, and milder laws rendered Tuscany one of the best ordered states in Europe. Pennsylvania was the first of the United States, who to her immortal honour, erected a State-Prison, or as it is called, " The Penitentiary," in the City Philadelphia. This institution commenced its operations in the year 1790. The example was followed by the State of New- York, who erected a State-Prison in the metropolis, which was opened for the reception of convicts, in August, 1796. According to the laws of these two states, it is seldom necessary to inflict capital punish- ments. In the state of Pennsylvania, they are exclusive- ly confined to those, who have committed murder, and in that of New-York, those guilty of murder and arson* are the only persons, who are punished in that man- ner. In most of the other states, institutions of the same kind have been established and the number of capital of- fences greatly diminished. In taking notice of the very important change, which has, of late years, taken place, in favour of humanity in general, and in the reformation of our criminal codes, in particular, it would be an unpardonable omission, if I did not bestow that tribute of applause to the Society of Friends, commonly called Quakers, to which they are so justly entitled for their active and unremi*ted exertions in effecting this truly desirable object. Indeed I have ever found that when these benevolent people embark in any cause, it may be considered as a righteous one, and such is their perseverance, that in the accomplishment of their object, they frequently overcome difficulties, which to others, would seem insurmountable. But to return from my digression. In the course of time, as the state increased in population, and as depraved characters flocked to our metropolis from all quarters, as * Piracy, (reason, and mail robbery, are punishable with death ; but these crimes are cognizable in the Courts of the United States, and not in those of the individual States, in which they may have been committed. THE TREAD-MILL. 13 to the place, which, of all others, was best suited to carry on their depredations, the number of criminals had be- come so great, in the State-Prison, and, particularly in the Bridewell, as to render it necessary to erect another Prison, to which the name of The Penitentiary was given. CHAPTER II. Of the Penitentiary System in the State of New-York. A short time previous to the passing of the law for the erection of this building, the Bridewell was so exceeding- ly crowded, that the health of the prisoners was thereby greatly endangered and it was indicted by the Grand Ju- ry as a nuisance. All persons accused of larceny and other minor offences, after as well as before conviction, as well as vagrants, were then confined in that prison, which may easily account for the excessive number of its inhabitants. But besides this evil, there was another, which called loudly for correction. By far the greatest part of the prisoners, were maintained at the public ex- pense, while they remained in a state of absolute idleness j as it was impossible for the commissioners to devise any kind of work, that was suitable for them, except the pick- ing of oakum, which gave employment only to a few. This was a great injury, not only to the community, but likewise to the convicts ; as it is one of the principal ob- jects of our system of discipline, to endeavour to reform offenders, by teaching them habits of industry. To obviate these evils, and to diminish, in future, the number of those, who might be sent to the State-Prison, or confined in Bridewell, the crime of pettit larceny 5 which was then limited to thefts not exceeding $12^ in, value was extended to that of $25. Thus all those con- victed of thefts to the value of, from $12| to $25 inclu- sive, who were, according to the former law, to be con- lined in the State-Prison, are, by the new, to be sent to the Penitentiary ; as well as those, who may steal goods 4 THE HISTORY OF valued at $!2|- or less, other minor offenders and va- grants, all of whom were formerly confined in Bridewell, till the expiration of their respective sentences. By the present law, all persons whose offences are to he punished by confinement, at hard labour, are immedi- ately after conviction, sent either to the State-Prison 01 Penitentiary, except a very few, who, in consequence ol their extreme youth, bad health, the trifling nature of dieir offence or some other cause, the humanity of the judges them thereunto moving, are sentenced to confine- ment in Bridewell, for some short time. No criminal can be confined in the State-Prison, for a leas time than three years and one day ; and this period, which is, in general, fixed by law, thereby leaving nothing to the discretion of the judges, except in some particular cases, is extended according to the nature of the offence, from three years and a day to twenty-one years — and for the crimes of highway robbery , burglary, forgery, counterfeiting and rape, criminals are confined during life. For all other offences, except the few, which are capital, the convicts are sent to the Penitentiary, for such terms, not less than three months, nor more than three years, as to the judges'may, from the nature of the case, appear proper. If, however, a criminal should be found guilty on two indictments, at the same court, he will receive sentence on each; so that after the expira- tion of the term, for which he was to have been confined for the first offence, he immediately enters on his impri- sonment for the second. &c. for every conviction, which may be against him. if a criminal should undergo his regular term of punishment in the Penitentiary, for pettit larceny, and afterwards be found guilty of a similar offence, the law considers it as grand larceny, and requires that the offender be sent to the State-Prison, and not to the Penitentiary , for the same. Vagrants are committed by the Police Justices, for any time not exceeding six months, and may be liberated, on a respectable person becoming surety for their good be- haviour, or that they will leave the city and county ; but those condemned by the court, can only be discharged by a pardon from his Excellency the Governor, which is, by no means, easy to be obtained. THE TREAD-MILL. j$ I shall now proceed to give a brief account of The Penitentiary, which is a stone building, 150 feet in length, and 50 in breadth. It is situate at Bellevue, con- tiguous to the new Alms House, near to the East River, on as pleasant and salubrious a spot, as can be found on the continent, and is nearly three miles distant from the City Hall. It was opened on May 18, 1816, and exclu* sively appropriated to the confinement, at hard labour, of persons who should be convicted at the Court of Ses-. sions, in this city of petit larceny, fraud, misdemeanours, violent cases of assault and battery ; and of vagrants. 01 these, a number were set to work upon the roads, some in the garden, some at house-work, a considerable number in picking oakum, and the remainder at such kinds of employment as appeared most proper to the Commis- sioners of the Aims-House and Bridewell.* To these gen- tlemen, it was long a matter of considerable difficulty, to devise a regular and proper employment for the prisoners, which might be constantly resorted to, without difficulty, at all times and seasons. The species of prison labour suitable for this purpose ought necessarily to be simple j to carry it into effec*, no previous instruction should be requisite, and the materials or instruments, put into their hands, should be liable neither to waste nor misapplica- tion, and but little subject to tear and wear, while, at the same time, the work in which they are engaged, ought to be of some benefit to the public. But while the Commissioners were thus at a loss for a mode, by which they might be able, at all times, to give constant employment to the prisoners, the Treap or Stepping Mill, was introduced to the notice of Stephen- Allen, Esquire, who was then Mayor, by two gentle- men of this city, viz. Mr. Isaac Collins, one of the managers of the Society for the prevention of Pauper- ism, and Mr. Stephen Greelet, who had received some pamphlets containing complete information on that sub- ject from England. His Honour laid the subject before the Common Council, and is entitled to great praise, for the zeal * These are five in number, and at present, consist of John Targee, Thomas R. Smith, Peter Stagg, John I Westervelt, anfl Arthur Burti?, (Superintendent of the Alms House) Esquires. B 2 16 THE HISTORY OF with which he pressed the establishment of such an insti- tution in this city. The board took the matter into con- sideration and being satisfied of its utility, ordered, that a Tread-Mill should be erected within the limits of the Penitentiary. Of this, I shall give an account in the next chapter. CHAPTER III. Of the origin of the Tread-Mill, its construction and operations. The attention of " The Society for the improvement of prison discipline in England" as well as of the " Com' missioners of the Alms House and Bridewell, in this Ci- ty, had been long devoted to the discovery of some plan for the suitable, as well as the effectual employment of prisoneis. All attempts of the kind had, heretofore been attended with insuperable difficulties ; but the Tread- Mill was, in the year 1818, invented by Mr. William Cubitt, of Ipswich, and erected in the House of Correc- tion at Brixton, near London. " Although," say the so- ciety, in their annual report, of 1821, " but very lately introduced into practice, the effects, in every instance, proved highly useful, in decreasing the number of re-com- mitments, as many prisoners have been known to declare, that they would sooner undergo any species of privation than return to the house of correction, when once releas- ed-" The salutary effects of this invention was so con- spicuous, that others were soon after attached to many of the criminal prisons in Great-Britain, and so rapid was their increase, that from " The fifth report of the Society for the improvement of Prison Discipline," now before me, one or more was erected in no less than forty-four dif- ferent places, in the year 1823. Such, at that time, had been the result, in those prisons, where this species of cor- rective discipline had been enforced, that the number of re-committals had been diminished by one half. The idea of attaching this species of labour to our Pe- THE TREAD-MILL, if fiitentiary system, as I have already hinted, was first sug-. gested to Mr. Allen, our then Mayor, by Messieurs Isaac Collins and Stephen Grelett, who kindly furnished him with a report from the said society, containing correct engravings of the buildings and machinery for the mill, with a description of its operations and advantages, to* gether with much other useful information on the subject, and Mr. Thomas Eddy presented to the Commissioners a plan of the machinery. Th°se gentlemen, all of whom are members of the Society of Friends, were convinced from the perusal of the aforesaid documents, that the savings to the public, in those prisons where Tread-Mills had been introduced, were very considerable, and that the labour as a corrective punishment, was neither intolerably severe, nor injurious to health, while, at the same time, it produced most salutary effects upon the pri- soners. They, therefore, deemed it their duty to endea- vour to get it introduced into this city, and for their zea- lous exertions, towards the accomplishment to this desi- rable object, are justly entitled to the gratitude of their fellow-citizens. The necessary building and machinery for the Tread- Mill were finished on the 7th September, 1822, and on the 23d of the same month, it was put in operation. The following are the advantages, which result from this spe- cies of prison-labour. 1st. No skill or time is requisite to learn the working of it. 2d. The prisoners cannot neglect their task, nor do it remissly, as all must work equally, in proportion to then "weight. 3d. It can be used for every kind of manufactory, to which water, steam, wind or animal power is usually ap- plied, and especially to the grinding of grain, for which every prison is at a great expense. 4th. As the mechanism of a Tread-Mill is not of a complicated nature, the regular employment, which it af- fords, is not likely to be often suspended, for want of re- pairs in the machinery, and should the supply of grain, at anytime, fail, it is not necessary, that the labour of the prisoners should be suspended j nor can they be aware iS THE HISTORY OF of the circumstance; the supply of labour may, there- fore be considered as unfailing. 5th. It is constant and sufficiently severe ; but it is its monotonous steadiness and not its severity, which consti- tutes its terror, and frequently, breaks down the obsti- nate spirit. The house, in which the whole of the machinery is fix- ed, is built of stone, sixty feet in lentgh, by thirty in breadth, and is two stories and a garret in height. Each of these stories is divided into two apartments, by a strong wall, on that side of which, nearest the prison, are placed the wheels, noio four in number, on which the labour is per- formed, viz. two on the lower apartment, on which men are exclusively employed, and two on the upper, which are worked by women. On the other side, in the lower apartment are placed the bolting machine and proper conveniences for the receipt of the flour, and in the up- per the mill-stones, hopper and screen. The garret floor is used as a granary. As all the wheels are exactly of the same dimensions^ the description of one will answer for the whole. The shaft, which was, at first, of wood, though 14 or 15 in- ches in diameter, was found, by experience, to be insuffir cient in point of strength, as the power employed in the operation soon snapped it in pieces. It is now made of cast iron, is only 5 inches in diameter, and will no doubt, last for many years. The whole of the wheel, which was, likewise of wood, is now, exclusive of the tread boards, made of the same material. It has much less friction than the former, is more regular in its motion and less liable to be affected by changes of weather. The wheel, which is exactly similar to a common water wheel, is five feet two inches in diameter, 15 and a half feet in circumference, and 24 feet in length. The tread boards or steps are formed in its circumference with a rise of 7\ inches at proper distances. These run horizontal with the shaft or axle, and are so constructed, that from 8 to 16 persons can work upon the wheel at one time. Their weight is the whole moving power of the machine, and has the greatest effect when applied up- on the circumference at a level with the axle, that being THE TREAD-MILL. 19 the greatest point of power. To secure this mechanical advantage, a screen of boards is fixed up, in an inclined position above the wheel, so as to prevent the prisoners from climbing or stepping up higher than the level re- quires. A hand rail is fixed upon this screen, of the same length as the wheel, by holding which, they retain their upright position upon the revolving wheel. As soon as it is intended, that the prisoners should be- gin their work, the keepers order them to go on the wheel, and when the requisite number have ranged themselves upon it, it commences its revolutions. The effects, then, to every individual is simply that of ascending an endless flight of stairs ; their combined weight acting upon every treading board, precisely in the same manner as a stream of water upon the float-board of a water-mill. During the time, that the wheel is in operation, each person gradually advances from the end, at which he mounted towards the opposite end, from whence he descends for rest, another immediately mounting as he had done, to keep up the number required, without stop- ping the machine. The geering of the wheel is so fixed, that a bell strikes every half minute, and this directs the prisoners, that one man should go off the wheel at one end and another come on at the other. The interval may then be portioned to each man by regulating the number re- quired to work the wheel with the whole number of the gang. Thus if it should consist of 24 persons, and 16 be required to be on the wheel at once, each man will be on the wheel 8 minutes, and off four, that is, each person will be allowed to rest 20 minutes in every hour of la- bour. This is the regulation, which is generally observ- ed, during winter ; but if it were enforced in summer, it would be too severe, perhaps, impossible for the prisoners to support. It is, therefore, not unusual, during the hot weather, to have the same number on the wheel, as there is off, so that each prisoner has an equal portion of rest and labour, during the time he is at work. By varying the number on the wheel, or the work inside the mill, so as to increase or diminish its velocity, the degree of labour to the prisoner may be also regulated. To convey to my readers, a more adequate idea of the 20 THE HISTORY OF manner, in which prisoners work upon the Tread-Mill, 1 know of nothing, which the operation so much resembles as that of a squirrel, on a wheel, in its cage. The little animal uses its utmost exertions to get to the top ; but though it is unceasing in its endeavours, it still remains stationary and never rises one step higher than it was be- fore. There is this difference, however, that the squir- rel climbs on the concave or mside of the wheel, while the criminals climb on the convex or outside. There are now, as has been already observed, four wheels in operation, at the Penitentiary, Bellevue, and these are so fixed, as by means of spur or cog-wheels, to regulate the whole of the machinery attached to the struc- ture. There are 2 pairs of millstones, both of which are sometimes in motion at once, although it is most common to use only one pair at a time. The purposes, to which the mill has been heretofore applied, has been the grinding of Indian corn and rye, for the use of the establishments, consisting of the Alms- House, the Penitentiary and Bride- well, by which a considerable saving is made to the pub- lic. They grind daily from forty to fifty bushels, and if an additional number of hands were employed, the quan- tity ground might be increased to from bO to 70 bushels per day. The power necessary to grind grain into flout must be sufficient to turn the mill-stone 90 times in a min- ute, which will give a Tread-Mill a sufficient rotary mo» tion to turn on its axis once in 20 seconds. This is as fast as a person can conveniently step; a wheel, of five feet two inches, with sufficient length to hold IG persons, will possess the requisite power to grind grain. I shall conclude this chapter by an extract from the description of the Tread-Mill by Mr. Cubitt, its inventor. (t Much of the efficacy of this punishment" says he, " will depend upon the judicious arrangement of the machinery, and the attention that is paid to the degree, in which the labour is applied. Thus, if th^ revolutions of the Tread- wheel are performed too slow, or if the number of the prisoners as relays bears too !ar?e a proportion to those, on the wheel, the labour to each may become so feeble as totally to fail of its effect. With regard to the revolution of the wheel the usual rate imposed on a prisoner at THE TREAD-MILL. 21 Brixton is from 45 to 50 steps per minute. The pro- portion of prisoners resting, to those on the wheel, ought not to exceed one third ; this error is often liable to be committed in crowded prisons, and when that is the case, the discipline to the whole set may be rendered almost nugatory." I shall no . proceed to consider tne effects of the Tread-mill on the morals and health of the con- victs. CHAPTER IV. On the effects of the Tread-mill as it respects the mor- als of the convicts. On this part of my subject, I am sorry to say, that the friends of humanity, who had fondly anticipated, that the Tread-Mill would be highly conducive to the reformation of offenders as well as to the prevention of crimes, have been sadly disappointed. Indeed the whole Penitentiary system, however, mortifying the assertion may be to those who have been its warmest advocates, has, in very i'exv instances, answered the benevolent purposes, for which it was instituted. The principal causes, which have here- tofore prevented this plan from being productive of the desired effects are well expressed in u The Report on the Penitentiary system in the United States, prepared under a resolution of the Society for the prevention of pauper- ism, in the City of New- York, and publi hed in the year 1822." This was- drawn up by Charles G. Haines, Esq. and has been widely circulated in Europe as well as in this country. It is a luminous exposition of the errours and defects of the interesting subject, on which it treats, and contains the opinions of many of our most intelligent citizens. I have availed myself of many of the sentiments therein contained and would have freely quoted what I have taken from it ; but the narrow limits, to which I am un- der the necessity of restricting this publication, compels me greatly to abbreviate my extracts. I must, therefore, content myself with this general acknowledgment, and 22 THE HISTORY OF with advising such of my readers as may have leisure to give the said report a fair and candid perusal, being well persuaded, that they will thereby find themselves highly gratified. But to return to my digression. According to our pre- sent badly arranged system of prison discipline, no soon- er have the convicts finished their daily tasks than they are permitted to have their hours of recreation, indulged in talking over their exploits in the paths of guilt, suffered to form new schemes for future execution, and to wear away their term of service, under circumstances calcula- ted to deprive it of every salutary effect. This state o£ things is rather appalling, but if we examine the " report on the Penitentiary system in Pennsylvania, dated 27th January, 1821," we shall find that it is not less gloom}-. " It seems," says the report, " to be generally admitted, that the mode at present, in the Penitentiary, does not re- form the prisoner. It was intended to be a school of re- formation ; but it is now a school of vice. It cannot be otherwise, when so many depraved persons are gathered together without the means of classification. There were in confinement on the 1st instant, 494 men and 49 wo- men, convicts. A community of interest and design is excited amongst them, and instead of reformation, ruin is the result." Hence it appears, that a sentence to a criminal prison is not viewed with that terrour, which tends to prevent crimes, the allurements and pleasure of social intercourse, are kept up ; and the ignominy of punishment is forgotten. There is reason to fear, that with many criminals, the State-Prison and the Penitentiary are viewed like the transportation to New-Holland, by felons in Great-Bri- tain, as a welcome asylum. Shall the Penitentiary system, then, from which so great benefit was anticipated, be abandoned ? May God forbid! We contend, that it is a practical system, that it has not, as yet, had a fair trial, that its present de- fects can be remedied, and that it can be rendered more effectual than any other mode of punishment, which now is, or ever has been in existence. Nor do we admit that failure, which some have been pleased to assign, although THE TREAD-MILL. it must be granted, that it has disappointed the hopes of its early friends. The following circumstances ought, likewise, to en- courage us to perseverance. If we may judge of the ope- ration of penal codes, in other countries, where they are severe and bloody, we shall find nothing to induce us to the renunciation of our present laws. Of the truth of the preceding observation, let the following serve as an illus- tration. Sir William Blackstone, after speaking against the too frequent infliction of capital punishments, asks if they have been found more salutary than those of a milder character. " Was the vast territory of Russia,"' says he, " worse regulated under the late Empress Eliza- beth than under her more sanguinary predecessors ? Is it now under Catharine II. less civilized, less social, less secure ? And yet we are assured, that neither of these il- lustrious princesses have, throughout their whole admin- istration, inflicted the penalty of death. - And the latter has, upon full persuasion of its being useless, nay even pernicious, given orders for abolishing it entirely through- out her extensive dominions." We well know, that atrocious crimes were less frequent in France, under the reign of Napoleon, than under any one of the Bourbons for half a century before him. And yet he greatly moderated the penal code, and assumed the sceptre of power, after the revolution had poured its over- whelming torrents of licentiousness over the kingdom. It may, likewise, be observed, that though the late monarch Louis XVII i. must have been naturally opposed to every innovation on the ancient regimen by him, whom he deemed an usurper, the good sense of the French people was so strongly opposed to the practice of inhuman pun- ishments, that he durst not re-enact the barbarous statutes of his ancestors. Hence the lenient code of Napoleon still continues to be the law of the land, and is found by expe- rience to be much better calculated to secure the lives, the liberty, and the property of the subjects than any sys- tem, which preceded it. But in order that we may have a more comprehensive view of the dreadful consequences, which result from san- guinary punishments, it is only necessary that we should C 24 THE HISTORY OF direct our attention to the summary practice of the crimi- nal courts in Great-Britain, a nation, with which we are better acquainted than with any other. W hile she justly boasts of a system of jurisprudence in civil transactions, which applies to all the exigencies of civilized society, which guards all the rights incident to a a state of public and private security, and is founded on the broad basis of utility, her criminal code presents us with a melancholy spectacle of cruelty, errour and neglect. It is not only inadequate to the ends, which it was designed to accom- plish ; but is productive of the very evils, which it would remedy. It even, at this late day, retains a system of laws, which awards death for up wards of 200 offences, and draws no distinction between the most atrocious murders and the stealing of a guinea. If, as it is asserted by some, the infliction of death be so well calculated to deter men from the commission of crimes, why do they wholly fail to effect this result in that country ? There, criminals are never pardoned for forgery ; but does not forgery still go on ? Since the execution of the unfortunate Dr. Dodd, many hundreds have expiated for that offence by the halter, and is not its commission equally prevalent at the present day, as it was 50 years ago ? Felons are contin- ually executed for stealing, and still thefts increase. They are committed under the very gibbets where thieves are hung. Is this preventing felony, by the taking away of life ? Mr. Buxton, in a late speech, in the House of Com-* mons, states expressly, that in the face of more than 200 capital punishments, crimes, which fall under them, con- tinue to multiply. The criminal code in France is, by no means, so severe as that of England, and yet with more than double the population of Great Britain, the number of her criminals is less. With these facts so fully staring us in the face, it is tru- ly surprising, that a disposition should be sometimes in- dicated in this country to adopt capital punishments, to a wide extent. Because the Penitentiary system has been grossly perverted and its principles lost sight of; because an experiment has failed before it has been adequately tried, there are occasional bursts of discontent, and capital punishments are urged as the only means of preventing THE TREAD-MILL. 25 dimes. And yet experience has sufficiently taught us, that cruel punishments harden the public mind, and that in whatever country, the laws are most severe, there they are the most impotent. But it is absolute folly to think of re-establishing capital punishments in the United States, on that of crimes, on which they were formerly inflicted. By supposing such a thing possible, we do violence to the moral feelings of the people of this coutry. We go far- ther. We disregard the solemn lessons of an experience, which is drawn from the history of successive ages ; for we would ask, in what period of national history have capital punishments suppressed the crimes, which they were designed to prevent ? Are we not rather compelled to believe, that they have promoted the evils they were intended to destroy. Nor can it ever happen in those states, where the public whipping, branding, and lacerating of the bodies of minor offenders have been abolished, that the feelings of our citizens will be agonized by seeing them replaced. Who can think of the barbarities witnessed at a whipping post without horrour ? What has any person to look for in this world, when his features are so deformed a? to attract the scorn of the public ? Or what has the culprit to antici- pate, who has received the stripes of a constable amidst a crowd of spectators ? There is, at least, this advantage in our Penitentiaries and State-Prisons, that if they be not schools of reform, they, for a time, secure the public against the depredation of those confined within their walls ; but it was not so, when the space of 15 minutes finished their punishment, after which they were, at once, turned loose upon the world, degraded and desperate, and for want of other support, compelled immediately to re- new their depredations or to starve. But besides the evils, which the offender suffers from the laceration of his body, there is another which accrues to those, who witness such atrocities. The frequent infliction of cruel punishments inures the public mind to barbarity, and destroys the ad- vantages intended to be reaped from the terrour of exam- ple. People can become habituated to spectacles of hor- rour, and feel no pangs at beholding them. The Romans beheld the blood of their gladiators without the move- 26 THE HISTORY OF raent of a nerve or a muscle; and, in Great-Britain, at this day, the execution of half a score of felons calls forth no expression of horrour from the populace. In time, we should betray the same indifference. In confirma- tion of this, there are many inhabitants of this city, who have witnessed the disgusting spectacle of crowds of boys flocking to a whipping post, to enjoy in revelry and mirth the torture of their fellow beings. But upon this subject, it cannot be necessary that T should enlarge. The erection of the gallows will be very seldom witnessed amongst us ; and the use of the pillory, whipping post, branding iron, and cropping knife is, as I firmly believe, for ever discarded. Here the age of bar- barity ha- fled never more to return, and that of benevo- lence and philanthropy has taken its place. The Peni- tentiary system has not, as yet, answered the, purpose in- tended by its humane projectors : but we are fully per- suaded, that it can be amended. The American people have, by God's blessing, been endowed with sufficient wisdom to devise a form of government for themselves, which, while it ensures to its citizens as much liberty as is compatible with human happiness, possesses far more strength and energy, than any of those which have been (he longest established in Europe. And would it not be impious to doubt, that the same people, influenced by the same Almighty power, and possessed of that experience^ which they now have 3 will be able to form a complete Penitentiary system, which shall not only have an emi- nent tendency to reform convicts, but also to prevent the commission of crimes ? What measures it will be neces- sary to adopt towards the accomplishment of this de- sirable object, shall be the subject of consideration in another chapter. THE TREAD-MILL. 27 CHAPTER V. Of the effects of the Tread-Mill, as it respects the health of the Convicts. Before I enter upon the discussion of this topic, it may not be improper to mention some advan- tages, which obviously result from the establishment of this mode of punishment. Since its introduction into this city, the number of vagrants, as well as of sturdy beg- gars, who, like birds of passage, flock to our metropolis, during winter, from the neighbouring states and counties, to feed' upon the well meant, but misapplied charity ol the inhabitants, is certainly greatly diminished. For this, we are much indebted to our police magistrates, whose vigilance and activity, are such, that it is scarcely possi- ble, for persons of this description to remain here, for any length of time, without being detected and punished. Should it be generally known, tnat every able bodied beg- gar found prowling about the city, would be taken up by the public authorities and put to work, for some time, on the Tread-Mill, non-resident paupers would not dare to visit us, and very few of our own would be seen in the streets. But besides male vagrants and beggars, there is an- other class, whom it is necessary to provide for. I mean such female prostitutes and vagrants as are always to be found in the Penitentiary or Bridewell, for whom little 01 no employment could formerly be found : but we now know by experience, that the operation of women on the Tread-Mill is, in proportion to their weight, equally useful as that of men. There is, then, this additional advantage, arising from the erection of the Tread-Mill, that this kind of prisoners are made " to earn their bread by the sweat of their brow." Various reasons, however, occur, which render it improper that this should be a permanent employment for women, some of which I shall mention in the after part of this chapter. C 2 28 THE HISTORY OF I shall now proceed to consider the effects of the Tread-Mill on the health of the convicts, concerning which there exists a diversity of opinion, and shall begin, with due respect to the public, by stating my own. Six months have elapsed since I have been station- ed as gate-keeper of this establishment, in consequence of which, as it is part of my duty to attend the visitors, and to answer their various queries, respecting its opera- tions, effects upon the prisoners, &c. I endeavoured to obtain all necessary information respecting it. My op- portunities of forming a correct judgment have been^ therefore, considerable, and after due reflection, I have no hesitation in declaring, that the labour of the Tread- Mill is neither intolerably severe, nor in the least, injuri- ous to health. In making an assertion so unqualified, I have not been solely guided by the result of my -own ob- servations ; but by the unanimous opinion of the Com- missioners of the Aims-House and Bridewell, the physi- cians of the establishment and of the superintendant as well as of several keepers of the Penitentiary, who have had longer opportunities of witnessing the manner in which it operates upon the health of the prisoners than I. Supposing that a man should work on the Tread-Mill ten hours in the space of 24, and that, during that time, he was, for six hours engaged in labour, and the other ipur at rest, (and that is fully as great a portion of fatigue. as I have ever known to fall to the lot of a prisoner) he will then if the circumference of the wheel be fifteen and an half feet, and it revolve round its axis three times in a minute, ascend, or, as it were, climb up the steps of a stair 16,740 feet, a distance somewhat less than three miles for his daily labour. Now, it must be obvious to every one of the many thousands, who has witnessed this machine in its full operation, and who has determined to think for himself, that the convict in the performance of this duty, steps perfectly erect, so that his chest can sustain no pos- sible injury ; and he may very probably be induced to believe with me, that there are many of our citizens, who in earning their livelihood, follow more laborious employ- ments, than that assigned to any of our convicts in this es- tablishment. Of these I shall instance a few of the most THE TREAD-MILL. 29 prominent. The man, who climbs up a three or four story ladder, with a hod on his shoulder, full of brick, stone or mortar ; he who is engaged in loading or unload- ing a vessel, the wood-sawyer, the pressman, on a daily paper, where there are a vast number of subscribers, or the man, who in harvest, useth the scythe, will severally feel as much fatigued after the performance of his labour, as the criminal who has toiled all day, on the Tread-Mill. But it is not necessary, that I should confine myself to what has been noticed by intelligent persons on this side of the Atlantic. The mode of punishment, which is the subject of these animadversions is better known in Great Britain than with us, and it is certainly enforced with more vigour in that country than here. The following extract from the report of the Committee of the (British) Society for the improvement of prison discipline, and for the reformation of Juvenile offenders, published in 1823, page 33, will shew the opinion of a very respectable body of men, whose zeal in their endeavours to promote the cause of humanity may be equalled, but cannot be sur- passed. " The merits of the Tread-Wheel," say they, " as an instrument of prison-labour, have, during the past year, excited considerable interest. Objections of a very serious nature have been urged against it by a magistrate, whose labours for the improvement of prison discipline, during a long and honourable life, entitle him to great at- tention. Highly as the committee appreciate the motives which animate the benevolent author, they do not concur with the reasoning contained in a recent work on prison- labour ;* the object of which is to shew, that the ordina- ry discipline of the Tread-Wheel is an unsafe, unhealthy, and degrading punishment. The committe believe, that they were the first to recognize the excellence, and advo- cate the introduction of this description of prison-labour : and after mature consideration, they can discover nothing in the proper use and moderate application of this pun- ishment, that is irreconcilable with the feelings of human- ity, and these principles of prison-discipline, which it is the object of this society to recommend." " From docu- ■ " Correspondence on Prison-Labour," by Sir John Cox Hip. pesley, Bart. 30 THE HISTORY OF ments which have been laid before Parliament, the healthi- ness of the Tread-Wheel exercise is satisfactorily proved. The opinions of the medical officers in attendance at the various prisons, concur in declaring, that the general health of the prisoners has, in no degree suffered injury by the exercise; but that, on the contrary, the labour has in this respect, been productive of considerable benefit. Recent enquiries, which the committee have instituted, confirm these testimonies; and against evidence so con- clusive, a judgment formed principally from abstract rea- soning, and unsupported by that peculiar experience, which the daily observations of a prison-surgeon affords, can have but little weight." With respect to the severity of the Tread-Mill, I have thus, after due consideration, expressed my opinion with- out reserve or disguise, being influenced by no considera- tion, except a sacred regard to truth, and am morally certain, that every one, who has without prejudice fully examined it, when in operation, will coincide with me in opinion. I am w< 11 aware, that we have had many visiters, who, the moment they beheld the convicts at work, without giving themselves leisure for the least re- jection, have pronounced it to be a dreadful contrivance of cruelty and oppression, and one which ought not to exist in a christian country. But these well-meaning people never think that although the Christian Religion lar surpasses all other systems, in point of benevolence ; nay, though it may be pronounced to be benevolence it- self, it expressly asserts, that the way of transgressors is hard, and enjoins it as a duty on magistrates to be a terror to evil doers. Stories, concerning the dreadful consequences resulting from the punishment of the Tread-Mill have been propa- gated with a. zeal for which it is not easy to account, and many of them, though highly incredible, have been eager- ly swallowed. Were I to take notice of one half of the distressing tales which have come to my ears respecting it, since it was known amongst my friends, that I was en- gaged in writing this pamphlet, I would have had much to do, and would have been employed to very little pur- pose ; as there are too many, who are so wise in their THE TREAD-MILL. 31 own opinion, as to think it degrading to retract an errour, although they should be fully satisfied, that it was found- ed on the most palpable absurdity. For the sake of those however, who are in quest of truth, I shall endeavour to obviate a few of the most prominent of those falsehoods. It has been stated, that it is very common for convicts to drop down dead, while at work. Now, I well know, that no event of that kind has happened since I had my residence at Bellevue, and I have it from those who su- perintended the labour of the prisoners from the very day that the mill commenced till that period, that only one case of the kind had ever occurred, and I am satisfied, that hard labour on the Tread-Mill, had not the least agency in effecting the death of the man to whom I al- lude. He was a stout, athletic Mulatto, in the prime of life, and apparently in perfect health, on the day that he died, which happened to be the very first of his appear- ance on the wheel. He had performed one turn of duty, which was finished in six minutes, when he sat down. He then said, that he was unwell, according to his request had a drink of water, and rested as iong as he thought proper. He, at last, after having sat about an hour and an half, mounted the wheel of his own accord and drop- ped down almost immediately thereafter. Medical aid was called ; but to no purpose, as he was dead of an apo- plectic Jit. This is a plain case and requires no com- ment. Every one, who has seen apoplexy, knows that it generally takes place without any previous warning, and often closes the scene almost immediately after the attack. It has been said, that working on the Tread-Mill has been very injurious to women in a state of Pregnancy. To this I answer, that few of those females, who are sub- jects of prison discipline are likely to be in that state, and I am confident that if any one were to declare herself to be so, her services at the mill would be dispensed with, till due inquiry could be made into the truth of her asser- tion, and when she would undoubtedly be put to other em- ployment more suitable to her situation. But here 1 deem it necessary to make a short digression. Jt may be observed, that though little delicacy is to be 32 THE HISTORY OF looked for amongst females, who reside within the wall? of a penitentiary, yet it i • wel; known, that the sex is lia- ble to various diseases and complaints, which even the most abandoned would not choose to communicate to a man. Whatever male officers may be, therefore found necessary in such an establishment, there ought always to be a careful, discreet and humane matron, under whose direction, (subject, however, to the controul of the super- intendant,) the female prisoners ought more immediately to be placed. The person to be selected for this impor- tant employment, should be posse-sed of a conciliatory disposition, have a considerable knowledge of human na- ture, and a capacity to discern the leading passions of in- dividuals and all their weak points. It should be her du- ty, by every means in her power, to gain the confidence and affection of the unfortunate beings committed to her care, and to impress upon their minds not only a sense of guilt, but a love of virtue, and to imphnt those princu pies and cherish those feelings, which a love of virtue on- ly can inspire. Her admonitions might, at first, meet with little attention ; but by due perseverance, they would, in all probability, at last, leave a deep impression on the minds of those, to whom they are addressed ; and, by God's blessing, be the means of reclaiming several from the errour of their ways by induring them to seek happi- ness in that way, where it is only to be found, viz. in re- ligion ; for " wisdom's, i. e. religious ways are ways of pleasantness and all her paths are peace." Prov. iii. If. Should so happy a change be effected on any of our fe- male convicts, the main end of their punishment would be completely accomplished ; any further severity would become unnecessary, ami instead of being as they were formerly, pests of society, they would, upon their dis- charge, become not only useful to themselves, but like- wise, to the foramunity. It may be said, that the expec- tation of such a transition from death to life, is visiona- ry; but the zeal, industry and perseverance of a philan- thropist have produced much good in London. Why should similar efforts be less beneficial in this city ? Hu- man nature, even in its worst state, can, by the use of proper means, be wrought upon with success. The his- THE TREAD-MILL. 33 tory of Mrs. Freights exertions in Newgate affords a most gratifying comment on those remarks. She has entered the prison walls like a ministering angel of truth, mercy and peace; and guilt, in the most awful and repulsive form, has relinquished a dominion over its victims. 1 would farther observe, that though it may be proper to send such idle and disorderly females as are hardened offenders, to the Tread-Mill, their general and constant employment, in this manner, is, in the opinion of many benevolent persons, liable to serious objections, and as many other kinds of useful labour can be easily devised for women in a prison, which are congenial to the habits of their sex, the practice of thus employing them is not justified by necessity. It is true, as has been observed by many, that women, whilst engaged in this kind of work, appear more cheerful than men ; but ths may be owing to thoughtlessness, or perhaps to a silly desire to shew to their overseers and others, that they set at nought the punishment inflicted upon them ; but in point of strength, or a capability of bearing laborious exertions, they are certainly far inferior to those of the other sex. It ought not, therefore, to be expected, that they hould bear an equal burden. It may, perhaps, be proper, that some of the greatest criminals or of those, who are the most re- fractory should be subjected to this punishment for a short time, but it is inconsistent with the views of the best wri- ters on the Penitentiary system, that they should remain under this kind of discipline, for a long period. But to return to my subject, I had often been informed; previous to my having any charge at the Tread-Mill, that it had occasioned ruptures on several criminals, who had wrought on it. After having carefully examined its operation, I perceived, that it neither twisted, wreathed, or distorted any part of the body, and that it required no other exercise than to ascend, as it were, the steps of a stair. I could not, therefore, imagine, how such labour could possibly be the cause of so painful a disease. A number of respectable physicians came to visit the estab- lishment at different times, and as one of the keepers as well as myself were desirous of obtaining correct informa- tion on the subject, we asked these gentlemen their opin- 34 THE HISTORY OF ions severally ; but have as yet found no one, who suppo- sed that the Tread-Mill occasioned the rupture. It may easily be supposed, that amongst such charac- ters as those who are set to work on the Tread-Mill, an aversion to labour is one of the principal causes, which has brought many of them to their present situation, and that their having become tenants of the Penitentiary is not very likely to cure them instantaneously of that dis- like. Hence with a view to evade the work allotted to them, it is a common practice with many to pretend sick- ness where none exists. In a case of this kind, if the keeper believe that the assertion is true, he will allow the prisoner to rest till one of the physicians can be con- sulted, who, after due examination, will direct him to be sent to the hospital, or otherwise di posed of, as to him shall appear proper : but his decision must be final and conclusive. And here it may be observed, that if every prisoner, who feels a reluctance to work, merely because he is lazy and does not like it, should be gratified in his wishes, the sentence of condemnation to hard labour for a certain period would be nugatory, and very little work would be done on the Tread-Mill or in any other depart- ment of the Penitentiary. But when a convict is senten- ced to hard labour, the spirit and letter of the law should be well observed. He should be put to work and kejt to work in the true sense and meaning of the words hard la- bour ; nor should any relaxation of the law be allowed. Idleness must be guarded against with the strictest scru- tiny ; nor should convicts be allowed to pass through any portion of their time in indolence, when it was intended by Legislatures and courts of justice, as well as expected by the prisoners themselves, that constant and rigid in- dustry should be their daily lot. It should be borne in mind, that hard labour is intended by our penal statutes as a part of their punishment, and that an exemption from this, in any degree, impairs the effect of that pun- ishment. But in our Penitentiary, there is no danger of exces- sive severity being exercised towards the prisoners. Mr. Hoghland who has been the superintendent for upwards ef seven years, is a gentleman no less conspicuous for bis THE TREAD-MILL. 33 firmness and decision than for his humanity, and the commissioners of the Aims-House, whose names I have mentioned in a note, page 15, to whose care and man- agement t' e Penitentiary system is committed, are so well known to the public, that if any error be committed by them in the discharge of their duty, it will more probably be on the side of mercy than of inhumanity. On the whole, the work, which is, in gene.al, imposed upon con- victs, may be rather cons dered as a healthy recreation than as a dreadful punishment, and even the Tread-Milk, with all its horrors, if I except the chains worn by many of the males, is not, in my opinion, harder work, than we see daily performed by numbers of our honest labourers, both in town and country. It is believed, that from the preceding observations, every unprejudiced person must be satisfied, that there is nothing in the labour of the Tread-Mill, that is injurious to health. Still, however, it is far from being an agreea- ble employment ; nor, indeed, can a prisoner, whatever task may be assigned to him, be said to find any thing agreeable, so long as he shall remain within the walls of the Penitentiary. The culprit enters on a state of punish- ment, the very moment that he receives his sentence. From the bar, he is dragged to the Penitentiary in chains. No sooner does he arrive there, than however fine his clothes may have been, he is obliged to assume the home- ly uniform of the criminal regiment, although he be allow- ed a sufficiency of provisions to satisfy the calls of na- ture, from the moment that he takes up his abode in pri- son, he may say to every kind of luxury and dainty farewell He is lodged all night, with some of the most abandoned wretches, and debarred from the society of his acquaintances, his friends, and even his nearest relations. -Day succeeds day, and brings variety to many ; but no- thing to him, except one continued scene of melancholy, despondency and gloom. Afthough the preceding observations apply in general, fo those who are employed in any kind of labour, within the limits of the Penitentiary, they have a more immedi- ate reference to those, who work on the Tread-Mill. This as a punishment, has nothing connected with it fhat can D ' 36 THE HISTORY OF be deemed excessively severe ; still however it is attend* ed with a species of fatigue, which strikes the mind of the convicts with more terrour, than any other labour which it has been heretofore practicable to assign to them. Hence when any of those, who are engaged at work, on the pub- lic roads, in the pin factory, or otherwise, become unwil- ling to perform their duty, or refractory to their keepers, a threat, that they will be sent to the Tread-Mill seldom fails to bring them to a sense of their duty, and to reduce them to immediate subjection. CHAPTER VI. Of measures necessary to be adopted for the improve' ment of the Penitentiary System. Mr. Eddy, in his communication to the Mayor of date 8th of 10th Month, (October.) 1823, which I have men- tioned in the preface, confines his ideas respecting the improvement of our present system of punishment, to the three following objects : — 1. The almost total prohibition of persons to see the prisoners at work. 2. The erection of a sufficient number of cells, of the dimensions of nine feet long, by seven feet wide ; for the solitary confinement of convicts, during the night, and when not employed at work. 3. The necessity of instructing prisoners in the princi- ples of the Christian Religion. Of each of these, I shall treat in order. 1. As to the first, it appears highly important, to pre- vent the convicts on the Tread-Mill from being a con- stant gazing stock. Their being exposed to idle curiosi- ty can only tend to divest them of all shame, render them more hardened and desperate, and make them callous to the appeals of repentance and remorse. When a man has been in this place of punishment, and is sensible that hundreds have seen him treading on the wheel, he THE TREAD-MILL. 3? * ill be more inclined to renounce the hope of all future usefulness and respectability : and if it be so with men, it must evidently be still more so with women. To one of these, it would naturally occur, that it would be in vain for her to look for decent employment ; as it was highly probable that the person, to whom she might apply for service, might have seen her on the Tread-Mill. On her discharge, therefore, she has no alternative but to seek, a shelter in some of her former haunts of prostitu- tion and debauchery. The crowds of people, many of whom were idle and disorderly, who wasted their time in visiting this place, were almost incredible. During the holidays, in the last Easter and Whitsun-weeks, they daily exceeded 1000 ; and at other times, when the weather was favourable, there is no exaggeration in stat- ing that they daily averaged 500. Amongst the many visitors, there were some, who, for months, were there almost daily, unquestionably for no good purpose, and who from their appearance seemed fully as deserving of a place on the Tread-Mill as any of those, who were on it. But besides the evils, which I have mentioned, this indiscriminate admission of visitors, was productive of others. It stopped that free circulation of air, which was so essentially necessary to the comfort of the prison- ers, and created constant confusion. With a view to remedy those evils, the commissioners deemed it their duty to represent them to the Common Council, who on the 30th day of August last resolved, that in future, no one should be allowed to visit the Tread-Mill, without a per- mit from the Mayor, or Recorder, from one of the Al- dermen or Assistants, or from one of the five Commis- sioners of the Aims-House. This restriction, it is be- lieved, will fully answer the purpose for which it was intended, as the number of visitors is thereby reduced to about one twentieth part of what it was formerly. 2. As to having a separate cell for each convict, every principle of policy and humanity points out its propriety. The want of this precaution has been the bane of our whole Penitentiary System, and filled the public mind with doubts and prejudices. To permit a dozen or up- wards of convicts to sleep in the same room ; to converse 38 THE HISTORY OF freely together, to communicate to each other vicioo.i principles and desperate designs, must prove the source of lasting evil. To place the hardened villian, the old experienced offender, in the same sleeping apartment with the young and inexperienced convict ; the aged felon in the same room with the boy, who has com- mitted some trifling depredation is, in fact, erecting a school for guilt, and breaking down all wholesome bar- riers of discrimination. It is a college for the education of men to prey upon society. A novice, who if kept from company worse than himself, might have been re- claimed, is here associated with old ha dened and skilful offenders ; he hears with envy and admiration the stories of their prowess and dexterity ; his ambition is roused, his knowledge extended by these recitals, and every idea of repentance is scorned ; every emotion of virtue ex- tinguished. The young are advanced in the paths of guilt ; the old confirmed in their baseness ; morals in- stead ofbeing improved are broken down, and conscience instead of being restored to a lone of reproof, is blunted and seared, as it were v\ith a hot iron. The erection of solitary cells, therefore as retiring pla- ces for the prisoners, after the sabour of the day has been performed, in which they will have an opportunity for reflections, free from the baneful influence resulting from the present method of confining so many of them in a single room, is the only rational mode, to which we can resort for a fundamental and radical reform in our Peni- tentiary system. « Nothing," says Mr. Haines in the general view of the penitentiary system as it exists in the United States, " than solitary confinement will ever ena- ble us to give it (the penitentiary system) a fair and full trial. If this fail, on its full and complete adoption, then the system is intrinsically defective and out of the com- pass of perfection. There is nothing hazarded in this remark. If it were made by every friend of the system, on both sides of the ocean, nothing would be jeopardized, for there is the strongest reasons to believe, that with this improvement a confinement in a penitentiary would prove the most effectual and salutary punishment that has ever been devised, since the origin of human govern- ment and human laws."' THE TREAD-MILL. 39 i: Wherever solitary confinement has been tried, it has produced the most powerful consequences. In the State Prison of Philadelphia, offenders of the most hardened and obdurate description, men, who entered the cells as- signed them, with every oath and imprecation, that the fertility of the English language affords — beings, who scoffed at every idea of repentance and humility ; have in a few weeks, been i-educed, by solitary confinement and low diet to a state of the deepest penitence. This may be set down as a general result of this kind of pun- ishment in that prison. In the New-York penitentiary, many striking instances of penitence and submission have also been afforded. Where prisoners were peculi- arly refractory and vicious, they have been placed in soli- tary cells, and even those who carried them their food \\ ere enjoined not to utter a syllable in the discharge of their diurnal duties. The most overwhelming consequences were the result. The spirit of the offender was subdued, and a spirit of meekness, and evidence of contrition dis- played. These, however, are not new ideas. So early as the year 1804, Mr. Eddy framed a law " for erecting a pris- on for solitary confienment in the city of New- York." By an alteration in the above bill, the erection of the prison was 1* ft to the discretion of the Corporation of that City, who, though they approved of the system, never carried it into execution. Good effects were how- ever produced by its passage. A copy of it was trans- mitted to Mr. Colquhoun, the greatest police magistrate that England has ever seen, and one whose writings on the subject of police are deservedly held in the highest estimation, accompanied by a letter from Mr. Eddy. These were handed to Lord Sidmouth, then Secretary of the Home department, who decidedly approved of the principles, which it adopted, and in a few years, thereaf- ter, prisons were constructed in England on the plan which it embraced. But some pretend to say, that solitary confinement is a cruel punishment. It is certainly intended, that it .should operate very severely on the feelings of the priso. ner. ; yet it is not entitled to that appellation. But admit D 2 40 THE HISTORY OF its cruelty — to what does it lead ? To reflection, to re- pentance and to the amendment of the criminal. His features and his limbs remain as God has made them. If he forsake the ways and devices of the wicked, no external deformity remains as a perpetual mark of pub- lic ignominy, when crime is expiated, and guilt done away. On the whole it seems to amount to a moral certainty, ihat if the proposed plan of erecting separate cells in our Penitentiaries and State-Prisons should be adopted, it would prove the most likely of any, that could be design- ed to produce reformation in the convicts ; then, and not till then, will our penitentiary system answer the be- nevolent and salutary purpose, for which it was in- tended. 3. The importance of instructing prisoners in the principles of the Christian Religion. The following are Mr. Eddy's observations on this head. " I would re- spectfully urge the propriety of having a chapter from the bible read to the convicts immediately after supper, by one of the keepers with suitable solemnity, after which they should retire to their cells, in an orderly and peaceable manner. The importance of frequently leading certain portions of the Holy Scriptures is suffi- ciently obvious and needs no argument from me, further than to remark, that it brings the mind to habits of re- flection, and introduces a kind of routine and order highly beneficial." But besides the performance of this duty regularly every evening, the reading of a suitable portion of scripture, as often as opportunity offers, as a means of impressing on the minds of the disobedient, a feeling sense of past transgressions ; thus "laying the axe to the root," and desiring that all who have ears to hear, may turn from the paths of the wicked, and be will- ing to be led by him, through whom alone cometh salva- tion, will answer an excellent purpose. The London Society for the improvement of prison discipline in their late Annual Report very justly re* marks ; " Religious instruction forms, in fact, an indis- oensible branch of prison discipline. It is a component part of the system. Without reformation, the object of THE TREAD-MILL. 41 prison discipline cannot be obtained; without religious impressions, reformation is utterly hopeless. The pre- vention of crimes will never be effected by the influence of fear alone. In no Christian or civilized country has unmixed severity ever attained this object. The crimi- nal thus treated, experiences a feeling of injury ; resent- ment is excited in his bosom, and the energies of his mind are exerted to resist correction. He hardens, and nerves himself to prove to those who are likely to be in- fluenced by his example, the firmness ef his character, and the impotency of all efforts to reclaim him ; his de- testation of those who have authority over him, and his contempt for their punishment. This is the natural ef- fect of severity on minds unimpressed with a sense of duty, and uninfluenced by restraint. And on whom is it proposed to exercise this discipline ? On those who have in a greater or less degree renounced this sense of duty, and who despise all restraint. If the true end of punishment be sought for, other motives and feelings be- sides those which are produced by terror, must be brought into action. The offender must be regarded as a moral agent, and an accountable being. His mind must be impressed with religious principles, and his heart meliorated by religious feelings ; and he must be convinced how deeply his reformation is connected with his best interests here, and his happiness hereafter." The communication of religious instruction, while it militates against no just punishment, induces habits of order and subordination. It appears, however that in most pris- ons in England as well as in America, too much depend- ance has been placed on the deterring influence of tread- wheel and other labour ; while but little earnestness has been evinced to take advantage of that subjection of mind, which the punishment has a tendency to produce, and which might be available for the purpose of religious impressions and permanent improvement. There is no- thing in the most severe kind of the labour of a Peniten- tiary, which may not be made to strengthen the power of religion and extend her influence over the mind and feelings of a prisoner. It would be indeed to be deplored, were the introduction of hard labour to be considered as 42 THE HISTORY OF superceding or weakening the necessity for the labours of the ministers of the gospel, and other piou persons, without which the great objects of prison discipline can never be attained. Religion is essentially necessary for the present as well as for the future happiness of man, in every situation, in which it is possible that he may be placed ; but more especially when he is under the heavy pres- sure of adversity. It is then that the importance of call- ing on God, in the day of trouble can be more easily im- pressed on the mind than at any other time, and the im- pressions then made will be more likely to be perma- nent and productive of salutary consequences. Deists and free thinkers, I mean those wiseacres who never think at all, may sneer at these ideas, as the effusion of an enthusiast, but \he man, who is thoroughly acquainted with the Christian Religion and the depravity of the hu- man heart, will acquiesce in opinion with me, that the Consolations of religion can never be more seasonably administered, than to the unfortunate, when overwhelmed with calamity. It is to be regretted, that in the superintendence of our criminal prisons, while great attention has been paid to many things of minor importance, the one thing needful has been too much neglected. In this city, the Rev. Mr. John Stanford, who is now verging towards the fOth year of his as;e, is Chaplain of our three criminal establishments, viz. the Bridewell, the Penitentiary, and the State-Prison, as well as of the Aims-House, the' s City Hospital and tae Debtor's Apartment. Now although it is impossible, that any one can be more active than this zealous veteran in the service of his divine master, yet lttile benefit can be expected from his efforts, as three active men would find sufficient employment in perform- ing the duties, which are assigned to him alone. In the Penitentiary, he preaches one sermon to the males, at one o'clock, on every Sunday, and another to the fe- males on every Friday afternoon. This is by no means sufficient to answer the purpose for which these religious exercises were intended, as what they hear in one sermon will be totally forgotten before they can have an oppor- tunity of hearing another. Before we can expect much THE TREAD-MILL. 43 good to result from religious instruction to convicts, it is essentially necessary, that there should be " line upon line and precept upon precept, here a little and there a little ;" From one chaplain, however, whose duty it is t© officiate to six different establishments, all ofwhich stand in need of spiritual directions, it is evident that no far» ther assistance to the convicts in the Penitentiary can be expected. But as I am morally certain, that the religious instruction of criminals will be more conducive to their reformation than any other means which have been, or ever will be adopted. I cannot dismiss the subject with- out some further observations. Till some better means can be adopted, I would humbly recommend, that in the Bridewell, the Penitentiary and the State-Prison, a pru- dent, intelligent, and pious person should, by and with the advice and consent of the Chaplain, be appointed for each. It should be his duty to read, with due solemnity, a portion of the sacred scriptures ; and either to say ex- tempore or to read suitable prayers for the prisoners, every evening before they retire to rest. He should likewise perform the same duty on every Sunday morn- ing; and in case that neither the Chaplain, nor any other clergyman should be there to officiate, he should at the usual hours of public worship, read a sermon in the forenoon, and another in the afternoon accompanied With prayers, and praises to the Most > igh, in psalms and hymns and spiritual songs. The persons to be se- lected for this purpose should be men of unblemished reputation, of respectable natural parts, of conciliating manners, and anxious, as far as may be consistent with propriety to gain the confidence and affection of those, with whom it will be their duty to have frequent con- versation. In a word, their qualifications ought to be precisely of the same kind as those, ofwhich I have sup- posed that the matron should be possessed. See page 32. In their admonitions, whatever may be their opinion of the enormity of the prisoner's guilt, they must shew no austerity; but endeavour to convince him, that they have his interest sincerely at heart, that the punishment inflicted upon him is intended for his good, and that if he earnestly pray to God for his guidance and direction, h$ 44 THE HISTORY OF may by his grace be enabled on his return to society, to become useful to himself and to the world. Each of those persons should reside either in or at the establish- ment, to which he respectively belongs ; so that he may have an opportunity of being with the prisoners at all suitable occasions. I shall close my remarks on this subject by a short quotation from a letter written by William Rawle, Esq. of Philadelphia : — " The chief im- provements wanting appear to me to be the enforcing a more close and regular attendance to religious duties. In no other way can the obstinacy of these people's hearts be affected." Intimately connected with this subject is the judicious Selection of officers, a measure which is indispensibly ne- cessary to give to the Fenitentiary system a fair trial. In the following observations, however, I wish itto be clear- ly understood, that I have no particular reference to the officers of the establishment at Bellevue,all of whom are, as I believe, actuated by a sincere desire to perform their duty with fidelity ; but they are applicable to the mana- gers, overseers, commissioners, or directors, by whatever name they may be called, of every criminal prison in the United States, and indeed, in every other country. In a system founded on uch principles, and embracing such objects, it is indispensible, that from the superintendent, through every gradation, to the lowest officer in the es- tablishment, an unbroken chain of co-operation should be found throughout, to promote the moral and religious improvement of the prisoners. Every thing, which is pre-ented to their view, should bear an aspect suitable to a school of reformation, which forming at all times a contrast to those scenes to which the unhappy inmates have been accustomed, will impress, daily and hourly up- on their minds, those lessons, which the superiors of the establishment have inculcated. And perhaps the expec- tation of sound and permanent improvement is not more likely to be realized irom the direct means of instruction, than from the ever co-operative effect of an uniform and harmonious system of morality, order and subordi- nation. THE TREAD-MILL. 4$. CHAPTER VII. Of measures necessary to be enforced to lessen the num- ber of crimes. If it be an object of importance to reform the morals of criminals, it would certainly be of much greater, if a mode could be devised to lessen the number of crimes ; for although cure is very good, prevention is still better, and while we are laudably concerned in endeavouring to reclaim the evil members of society, let us look to the sources, from which much of the malady springs, and thereby endeavour to prevent the consequences. The sources to which the commission of crimes may be attributed are numerous ; but I shall endeavour to comprise the observations which have occurred to me on the subject within the following heads : — 1. The too frequent intervention of pardons. 2. The total neglect of the education of some thou* sands of children, owing to thede ased character and vi* cious habits of their parents, although good schools and the necessary books are provided for them gratis. 3. The open profanation of the Lord's day, by many of our citizens ; but more especiall}' by young people, who instead of devoting it to attendance on public woiv ship, too often spend it in revelry, extravagance and dis* sipation. 4. The shameful number of grog-shops, gambling houses and brothels which exist in our city, to the great injury of the morals of adults ; but often to the complete ruin of many young persons, who by haunting these dens of iniquity have thereby blasted the fond hopes of their parents. 5. The too frequent interposition of the pardoning pow^ er. This has been considered as a source from which the most mischievous consequences have resulted, by u number of the most intelligent men in the United State?. 4j6 THE HISTORY OF The opinions of many of those distinguished citizens are stated at length in Colonel Haines' truly valuable "Report on the Penitentiary System in the United. States," of which interesting publication I have already taken notice. Some of the gentlemen to whom I allude are, the Honourable Joseph Hopkinson, the Right Rev. JBishop White and Roberts Vaux Esq. of Pennsylvania, Daniel Raymond Esq. of Baltimore, Samuel P. Parsons Esq. of Virginia, His Excellency William Plumer, late Governor of New Hampshire, the Honourable Ogden Edwards and Samuel M. Hopkins, Esq. of this city, and the Honourable Daniel Chipmun of Vermont. It Would have given me pleasure to transcribe the senti- ments of these respectable gentlemen in their own words; but as my limits compel me to study brevity, I must, in general content myself with an abstract of what they have advanced on the subject. In every department of law, there are certain funda- mental maxims which truth, experience and universal as» {Sent render sacred and unquestionable. Thus all jurists and legislators adopt the principle, that the certainty of punishment is the prevention of crime. This was a fa- vourite feature in the writings of Becaria. It was laid down by Sir Edward Romily, one of the greatest lawyers ever produced in England, that could punishment be re- duced to absolute certainty, a very slight penalty would prevent every crime, which was the result of premedita- tion. But the effect of granting frequent pardons goes directly to diminish that certainty. Besides if pardons be granted, without due discrimination, there is extreme and bare faced injustice in the policy ; and it is a sound maxim in jurisprudence as well as morals, that he who attempts to punish another for offending against Justice, should himself be just. It is however a melancholy truth, that the most notorious felons have again and again been pardoned from our criminal prisons, while the young and inexperienced culprits, for committing crimes ©f comparatively petty magnitude, are confined for years. It was a capital argument with the friends of mild punishments, that we would gain by certainty, what w* THE TREAD-MILL. 47 would lose in severity ; that laws cannot be executed, which shock the good feelings of mankind ; that juries would not convict, when they could, by any possibility evade the evidence ; and that were convictions obtain- ed, pardons must be constantly interposed to prevent the infliction of a cruel and disproportionate punishment All this was to find a remedy in the Penitentiary sys. tern, under which condign punishment was infallilby to follow the detection of the offender. But the facility oi granting pardons on the recommendations of some emi- nent persons, who often have no knowledge either of the criminal or of his crime, has greatly impaired the founda- tion of the system, and deprived us of the uses, which might have been derived from it under a more rigorous execution of its provisions. The Honourable Ogden Edwards, when speaking in the late convention of this State, on the effect of grant- ing pardons, expressed himself to the following purport ; " That by the indiscreet use of the pardoning power, the administration of justice had become relaxed; that ii not checked, we should soon have to erect a State-Prison in, perhaps every county of the State. The exercise of the pardoning power is humane and agreeable to the best feelings of the human heart; but sad experience has taught, that the interests of the community require, that the civil arm should be brought to bear with power upon malefactors." Heconcludesin the following words. " Un- less we abolish this system, we may as well open the pri- son doors at once. Prisoners enter novicesininiquity,and remain long enough to become professors of all its arts. This is the practical operation of the system, and unless we nerve ourselves against it, sooner or later, the rights of the people of this State, will be held by a very preca- rious tenure. This sickly sympathy is wearing away the foundation of our laws. Placed here as one of the guardians of the rights and privileges of the people. I wish to have such a provision inserted in the constitution, as shall prove an efficient check upon vice." The words of Mr. Plumer, on the evil tendency of too often exercising the pardoning power, are full of sound sense and correct observation. w The power of grant- E 48 THE HISTORY OF ing pardons," says he, " should be seldom exercised, The certainty of punishment has a great, if not a most powerful influence upon the wicked in restraining them from the commission of crimes. The government should, therefore, avoid every thing that has a tendency to impair the force of that certainty. A hardened, subtle offender, dead to moral feelings, calculates upon the ma- ny chances he has to escape punishment. His hopes are strong, that he shall not be suspected, that if suspect- ed he shall be able to avoid arrest ; that if arrested, proof will not be obtained to convict him, and if con- victed, that he shall be pardoned. That spirit of be- nevolence, which often prompts public officers to pardon the guilty, does honour to the heart, but it impairs the security of society. During the four years, I was govern- or of this state, 1 pardoned but two of the convicts, who were confined in the State-Prison ; although the applica- tions, for the first two or three years, were numerous, and supported by the recommendations of many re-