480

CONCLUSION.

pie to believe to be within the reach of a single mind successfullyto accomplish. ” *

3. The penitentiary system, contemplated as a means ofmeliorating the condition and promoting the welfare of mankind,might have been comprised under the view which I have taken ofour penal jurisprudence, but its intrinsic importance has inducedme to give it a distinct consideration. The first idea of a reformin American prisons belongs to the Quakers of Pennsylvania.They had always protested against the very severe law’s, whichthe colonies inherited from the mother country. In 1786, theysucceeded in making their voice heard ; and, from this time, thepunishment of death, mutilation, and the whip were successivelyabolished, in almost all cases, by the Legislature of Pennsylvania.In 1797, the reform of Pennsylvania was imitated by NewYork, and has since gradually made its way into favor and beenadopted by most of the United States.f

In regard to most of the institutions established in this country,we have had the experience of Europe with which to begin ;but, in establishing and building up this institution, American as itis in its origin, it was inevitable, that many mistakes should bemade, which a stock of experience would have prevented. Atfirst, classification of the criminals was attempted, in order to coun-teract the usual effect of their mutually contaminating each otherwhen placed in rooms promiscuously. Still this mutual contamina-tion was very little, if at all checked. This plan proving a failure,new prisons were built, in which a solitary cell was appropriatedto each convict. This be was not to leave day or night, and alllabor was denied him in his solitude. No expense was sparedto render this experiment successful, and the public was impa-tient to know the result of the new trials. The northern wingof the Auburn (N. Y.) prison having been nearly finished in1821, eighty prisoners were placed there, each in a separatecell. This trial, from which so happy a result had been antici-pated, was fatal to the greater part of the convicts. In order to

* Miscellaneous Writings, p. 437, to which this and the preceding paragraphare otherwise considerably indebted.

t See Penitentiary System of the United States, by Messrs. Beaumont andTocqueville, — Dr. Lieber’s translation, pp. 1-3.