Chapter 3: Reform

“. . . But from a closer and more intimate view of the subject, I have rather abandoned a hope I once entertained, of the general reformation of offenders through the penitentiary System. I now think that its chief good is in the prevention of crime, by the confinement of criminals.” (Mr. Niles, ex-commissioner of the Maryland penitentiary, 22 December 1829). *Note: the first French edition included this note in English.

*Note the differentiation between moral and religious instruction; they form the basis of reforming prisoners, rather than merely preventing them from further corruption (of which silence is the basis).

At Boston, all those who present themselves are admitted (See Report of Mr. Gray, pag. 10 and 11).

See Inquiry on the Penitentiary of Philadelphia, [Appendix] no. 10.

There is no school regularly kept at Philadelphia; but when the inspectors or the superintendent sees in one of the prisoners a good aptitude, or for any reason feels interested in his favor, they give him more care than to others and begin by procuring for him the first elements of education. One of the inspectors of the penitentiary, Mr. Bradford, dedicates much of his time to this good work.

See 2^nd Report on the penitentiary of Philadelphia 1831.

At Philadelphia, every inmate who is in the same hall of the building is made to participate in the same sermon: but since the penitentiary will have seven very distinct parts, seven consecutive religious instructions will be required to be given by the same minister or seven ministers occupied simultaneously with the same object.

The adversaries of Auburn say and write that in this prison, the system of reformation has obtained so little success that it has been entirely abandoned. —The argument that the efforts to regenerate the criminals are not always successful is admitted: but it would be imprecise to say that reformation is no longer sought at Auburn. We can attest on the contrary that the men who direct the establishment pursue this goal with extreme ardor. One can see among others Mr. Gershom Powers’ response on this point to Mr. Livingston. (Letter of Gershom Powers to Edward Livingston 1829).

Mr. Barrett receives a salary of 200 dollars (1,060 f.).

In the evening, after their work when they have returned to their cells.

See Report of Mr. Niles 1829, 22 December. We must say that at Singsing, the school, although done with care, appeared to us limited to too small a number of prisoners. The number of convicts admitted to the Sunday school varies from 60 to 80; feeble proportion out of 1,000. (See Report of 1832 on Singsing.) The direction of this establishment is too material, which no doubt results from the fact that its superintendent and his inferior agents are uniquely preoccupied with maintaining the exterior order whose existence is ceaselessly threatened. We were witnesses of a fact that proves what could be the success of the school at Singsing if it received greater development. A poor black man, who had taught himself to read in prison, recited by heart to us two pages of the Bible that he had studied during his recreation of the week, and he did not commit the least fault of memory.

See Letter of Mr. Barrett, [Appendix] no. 14.

See Conversation with Mr. Elam Lynds, [Appendix] no. 11

See Statistical Notes, no. 16. We explain there the various causes that have, in the United States, contributed to the abuse of the right to pardon.

Mr. Smith himself told us that he guarded himself against exterior demonstrations of repentance: he added that in his eyes the best proof of the sincerity of a prisoner was that he did not desire to leave the prison.

We have nevertheless found in the authorities of the different States a very particular benevolence and an extreme readiness to procure for us the information that we desired. Mr. Flagg, Secretary of State at Albany, Mr. Riker, recorder at New York, Messrs. Me. Ilvaine and Roberts Vaux at Philadelphia, Mr. Gray at Boston, and all the inspectors of the new prisons, furnished us a great quantity of precious documents. Mr. Riker obtained for us the general statement of crimes committed in the entire State of New York during the year 1830. This is a very interesting document; but we possess only the information for one year.

See Statistical Notes, [Appendix] no. 16.

See Statistical Observations and Comparisons, No. 17.

See Statistical Observations and Comparisons, No. 17.

We intend to speak here only of the former prisons of Pennsylvania and Maryland. The new penitentiaries of these States are still too recent to occupy us here with their effects.

See Statistical Observations and Comparisons, No. 17.

See Statistical Observations and Comparisons, No. 17.

Among others, Mr. Edward Livingston. See his writings, notably his letter to Roberts Vaux, 1828, pages 14 and 15. — Judge Powers considers ignorance and intemperance as the two principle sources of crime. (See Report of Gershom Powers of 1828, page 50).

Education, even if not separated from religious beliefs, creates a host of new needs, that, if they are not satisfied, turn those who feel them to crime. It multiplies social relations: it is the soul of commerce and industry; it thus creates among individuals a thousand occasions for fraud or bad faith that do not exist in the bosom of an ignorant and rude population. It is then in its nature to augment rather than diminish the number of crimes. This point seems to remain today rather generally acknowledged: because in Europe it has been observed that crimes are increasing in countries where education is most widespread. Meanwhile, we will state on this occasion our entire opinion on the influence of education. Its advantages seem to us infinitely superior to its disadvantages. It develops the intelligence and supports all industries. It also protects the moral strength and the material well-being of peoples. The passions that it excites, disastrous to society when nothing satisfies them, become fertile in advantages when they can attain the goal they pursue. Thus, instruction spreads, it is true, a few seeds of corruption among men; but it is also the case that it makes peoples richer and stronger. Within a nation surrounded by enlightened neighbors it is not solely a benefit, but even a political necessity. — See Note on Public Education in the United States, Appendix No. 5.

In order to know all the advantages of statistics and to learn the art of their use, it is necessary to read the excellent work that was just published by Mr. Guerry under the title Essai sur la Statistique Morale de la France. Paris, 1832.

We say that in Massachusetts, where there are fewer convictions, the prisons are defective: they were defective and are no longer; we are obliged to speak of the past in order to appreciate their effects.

Great efforts in the United States are necessary to correct a vice that is very common, intemperance. See Note on Temperance Societies, Appendix no. 9

Mr. Livingston has more than once proclaimed this truth, which is found energetically expressed in his letter to Roberts Vaux, pages 14 and 15, 1828. See in what terms he speaks, note (ff).

*Tocqueville’s and Beaumont’s use of the specific disease “gangrene” seems important, since “gangrener” means “to corrupt” in a figural sense.

See Introductory report to the code of prison discipline explanatory of the principles on which the code is founded. By Edward Livingston, pag. 7. — See also Notices of the Original, and Successive Efforts, To Improve the Discipline of the Prison at Philadelphia, and to Reform the Criminal Code of Pennsylvania: With a Few Observations on the Penitentiary System by Roberts Vaux, pag. 53 and 54. — See Du Système Pénitentiaire en Europe et aux États-Unis, by Mr. Charles Lucas.

See Statistical Observations and Comparisons, Appendix no. 17.

See Statistical Notes, Appendix no. 16.

See Statistical Observations and Comparisons, Appendix no. 17.

There are more serious crimes in France; but the total number of offences is lower than in America. See Statistical Observations and Comparisons, Appendix no. 17.

See Some Points of Comparison Between France and America, Appendix no. 18.

The crime of bestiality, attacking without violence the person of a child, pederasty, etc.

See Statistical Observations and Comparisons, Appendix no. 17.

See Statistical Observations and Comparisons, Appendix no. 17.

See Comparison between France and America, Appendix no. 18.

In using the term “first conviction” above, we mean as it respects this prison only; there are nearly twenty who have been in other prisons. (See Report on the Prison of Auburn, of the 1^st January 1824, pag. 127). *Note: The first French edition included this footnote in English; I translated only the citation.

See Statistical Observations and Summaries, Appendix no. 17.