'Those persons who shudder at the cruelty of inflicting stripes as a punishment, but can contemplate the case of a fellow being, suffering a long period of solitary imprisonment, without emotion, must be grossly ignorant of the mental and bodily suffering endured by a long confinement in solitude.
'As far as the experience in our State Prison proves any thing respecting the efficacy of solitary imprisonment in preventing crimes by reforming convicts, it will induce us to believe that it is not more effectual than confinement to hard labor. Seven of the convicts now in the State Prison are committed a second time, for crimes perpetrated after having been discharged from this Prison; three of these had been punished by solitary imprisonment without labor, and the others by solitary imprisonment and confinement to hard labor.
'The keeper of the Auburn State Prison, in the State of New York, very justly observes, 'that a degree of mental distress and anguish may be necessary to humble and reform an offender; but carry it too far, and he will become a savage in his temper and feelings, or he will sink in despair. There is no doubt, that uninterrupted solitude tends to sour the feelings, destroy the affections, harden the heart, and induce men to cultivate a spirit of revenge, or drive them to despair.'
'I would not wish to be understood to express an opinion, that solitary imprisonment ought not, in any case, to be inflicted. On the contrary, there can be no doubt that it is a proper punishment for prison discipline in many cases; but for that purpose, short periods only will be necessary; seldom, if ever, to exceed ten days. In the cases of juvenile offenders, it may also be very useful and proper, in periods of twenty, or thirty days, but never to exceed sixty days. If repentance and amendment are not effected by thirty days of strict solitary confinement, it can rarely be expected to be obtained by a longer period.'
"The Legislature of Maine, in consideration of the opinions and facts above stated, passed a law, in February, 1827, in the words following: 'Be it enacted, that all punishments, by imprisonment in the State Prison, shall be by confinement to hard labor, and not by solitary imprisonment: provided, that nothing herein contained shall preclude the use of solitary confinement as a prison discipline for the government and good order of the prisoners.' Thus we have endeavored to exhibit the results of the experience of the State of Maine, in regard to solitary imprisonment day and night.
"In New Hampshire, Moses C. Pilsbury, Esq. who has been several years the warden of that Prison, the surprising results of whose good management, both in regard to the income and the moral character of the Institution, were exhibited in the last Report, was asked, whether convicts ought not to be sentenced to solitary confinement day and night, for a short time at least. He said it would do much more good to give them hard labor by day, and solitary confinement at night.
"At Auburn, N. Y., the experiment was tried in 1822, by the friends of solitary confinement day and night, on eighty convicts, for a period of ten months. The experiment was conducted with great care, and the observations made appear to have been impartial. As it was done by the friends of the system, it may be supposed that the results were as favorable as they could make them. In the Report of the Commissioners to the Legislature, in January, 1825, these results are stated with philosophical accuracy. Concerning these results, it is sufficient to say, that they were unfavorable to this mode of punishment, and it was accordingly abandoned in that Prison. It was found, in many instances, to injure the health; to impair the reason; to endanger the life; to leave the men enfeebled and unable to work when they left the Prison, and as ignorant of any useful business as when they were committed; and, consequently, more productive of recommitments, and less of reformation, than solitary confinement at night and hard labor by day.
"The experiment in New Jersey has been continued four years, upon an average number of twelve convicts; some of whom have been eighteen months, and some two years, in the cells, without intermission; but in this case, though the men are in separate cells, still the cells are so arranged, that several men can converse as freely as if they were in the same room, and no attempt has been made to prevent it. This, therefore, is to be regarded no farther as an experiment on solitary confinement day and night, than as keeping the men from seeing or coming in contact with each other; but not from evil communication, and corrupt society. In the opinion of the keeper of that Prison, this mode of punishment has been useful in preventing recommitments, and not permanently injurious to health or reason. How far the difference in the results of this experiment from that at Auburn, and the other in Maine, is to be attributed to the difference in the construction of the cells, and the management and diet of the prisoners, it is difficult to determine. In Maine the cells are very gloomy, and communication is difficult, though not impossible. At Auburn the cells are not gloomy, and communication was prevented day and night by a sentinel. In New Jersey the cells are not gloomy, and social intercourse unrestrained. In Maine the diet was very low, i.e. a pound of bread and cold water only. At Auburn, and in New Jersey, it was coarse, but nutritious. In Maine the men might have endured solitary confinement, with a more nutritious diet, a much longer period. At Auburn they might not have been as much injured in health or reason, if they had been permitted to converse with each other. And in New Jersey they might have been more injured if this kind of communication had been restrained. As the experiments have been conducted, they appear to be decidedly against solitary confinement day and night in Maine and at Auburn, and in favor of it in New Jersey. As this mode of punishment, however, would probably never be adopted, except to prevent effectually all evil communication, the experiment in New Jersey cannot be adduced in favor of entire seclusion: for there was nothing of this character in it.
"There have been other experiments made in this country, in many Prisons, on individuals, in regard to this mode of punishment, sometimes for misdemeanor, and sometimes for experiment merely. One was mentioned in the last Report. 'A man in a narrow cell, which was almost a dungeon, where he had been in heavy chains, on a small allowance of food, three months, was asked whether he had rather remain three months longer, in the same situation, than receive a small number of stripes on his bare back. He said he had rather remain.' It is not known, that this man had had any communication with any one except his keeper, and his diet had been much more nutritious than that used in Maine. In the mode in which he was treated, his spirits appeared perfectly unsubdued, and his health and reason unimpaired, and his disposition ready for mischief whenever he should be released. There was nothing seen in him that looked like contrition.
"There is another man, who has been in a solitary cell much of the time for seventeen years, and all the time for more than six of the last years. He is still alive. He does not appear insane. His health is feeble, and he has lost the use of his limbs, so that he uses crutches. His disposition, however, remains the same as when he was committed to the cell, more than six years ago. He had been previously released, and put upon his honor for good behaviour. He almost immediately procured a hatchet, and struck it into the neck of a keeper, in such a manner as to endanger his life. He was again committed to the cell, where he has remained ever since, with a malignant, revengeful spirit; as is evident from the fact, that he attempted to take the life, a few months since, of a keeper, who gave him his food. His cell is gloomy and filthy. His food is coarse but nutritious. His intercourse is in a great degree restrained.