The plan proposed by the reviewer, of classifying the prisoners, and confining them in different establishments,t according to their degrees of criminality, although an im provement upon the present bad plan of an indiscriminate mixture of criminals of all ages, and of every degree of vice, would not however accomplish the two great objects of confinement, which ought constantly to be kept in view, viz. punishment, and reformation of the criminal. Permission given to them to work in society, diminishes the first to a very trifling degree, and completely prevents the last. Besides, every one who has had any experience among criminals knows, that very different degrees of vice are perceived among young or first offenders, and that a youth of 16 years of age, will be able to increase the corruption of mind in a man of 40 years. The idea of vice, or vicious propensities being graduated by age, can only be enter tained by persons totally unacquainted with the inmates of a prison. Hence the absolute impossibility of any useful classification, of which so much has been recently writ ten in England, and by others in the United States. It may be relied on as an axiom in criminal jurisprudence, that whenever two or more criminals are in the -same apart ment, evil communications will take place among them, and plans of future mischief will be matured. I have be fore referred to a fact in direct proof of this position, on the authority of the late Judge Rush of Pennsylvania. Sir John Fielding, long a police magistrate in London, amply experienced in criminal affairs, and in all the ha bits and wiles of Newgate, many years since stated a si milar fact. In September 1822, a plot was discovered that had been carried on for some time, in the Baltimore prison, to alter bank bills; and thirteen plates, or parts of plates for altering genuine notes of lower denominations, were found. A correspondence between the convicts thus employed, and persons residing in and out of Baltimore, had been kept up through the medium of the post office.
One of the great benefits which the friends to humani ty promised themselves, would result from the confine ment of convicts at labour in prison, was the acquisition of a trade, or the improvement in one already acquired, and by which they might obtain a living after their re lease. Nothing in theory can be more plausible, yet no thing is found to be more opposite to the supposed conse quence of such instruction, for no instance has occurred of any trade having been followed, that had been learnt in prison, whilst many proofs have been afforded of the ma nual skill acquired in confinement, being used to enable convicts more successfully to commit depredations on so ciety alter their release.
Another e' if arising from convicts working in society, is the murders that are committed by convicts of their fellow prisoners. Two or three instances of these have occurred in Philadelphia ; one in the year 1820, owing to a suspicion being entertained of the sufferer having given information of a plot to escape. Another was com mitted in the year 1822, in the state prison of Massachu setts, from the same cause. What has happened, will hap
pen again. Solitary confinement will effectually prevent murders, and the formation of all plots among con victs.
A greater evil from the same cause, is the insurrection of the convicts, and their attempts to escape. Accounts of several, in the newspapers, are distinctly remembered, although the particular dates of only a few can now be given ; but the fact is notorious, and cannot be forgotten by those whose duty has called them, or whose attention has been directed to the subject of prison management. In the year 1818, there was a very dangerous one in New York, and a great amount of property destroyed.* In March, 1820, one equally serious, occurred in Philadelphia. The convicts had reached the outer-gate of the yard, and were not intimidated, although several were wounded, by shots fired among them by citizens, and one was killed. They were finally dismayed by seeing through the hole of the gate, the street filled with armed men formally drawn up, and by the entrance of others into the prison yard, from the front. In 1822, one took place in the prison of Mas sachusetts ; another during the present spring, which was not quelled, until the arrival of the marine corps front the navy yard. One happened in New York, in the present month of April (1824). After the restoration of order in the prison, in 1820, in Philadelphia, it was ascertained, that in case of the prisoners having succeeded in breaking jail, the city was to be set on fire, in several places. The consequences to society of nearly 500 convicts being at liberty, and excited to madness, may be easily conceived. Solitary confinement will prevent insurrections. Now, af ter knowing these facts, shall we hear any more of the moral benefits from working classified convicts in so cieties ? The reviewer and the author of the pamphlet, recom mend to the other states a recent law of Massachusetts, which condemns criminals to a further term of seven years, because of a second conviction, and to imprison ment for life, if they come there a third time. Seven convicts were confined for life under this law. In Janua ry, 1821, forty-six males were in for life under the former law. In this way, he says, all those who are incorrigible will be taken away from preying on the public, and hav ing learned a trade in the prison, can be advantageously employed. The objections to this plan are, 1. The multiplication of such criminals, and the ex pense of their support.
2. Upon the supposition that the convicts are to be kept at work in society, these inveterate rogues will serve as teachers to their less accomplished associates, the bad effects of which tuition are well known, and greatly de plored as one of the most powerful causes of preventing a change in the habits of vicious men, which was expect ed from the adoption of labour and confinement. If they are kept by themselves, upon the theoretical principle of classification, they will still mutually corrupt one another, and all hope of amendment or change of mind will be at an end.