Historically Speaking: For Punishment or Penitence?

Fifty years ago, the Attica uprising laid bare the conflicting ideas at the heart of the U.S. prison system.

The Wall Street Journal

September 17, 2021

Fifty years ago this past week, inmates in Attica, New York, staged America’s deadliest prison uprising. The organizers held prison employees hostage while demanding better conditions. One officer and three inmates were killed during the rioting, and the revolt’s suppression left another 39 dead and at least 89 seriously wounded. The episode raised serious questions about prison conditions and ultimately led to some reforms.

Nearly two centuries earlier, the founders of the U.S. penal system had intended it as a humane alternative to those that relied on such physical punishments as mutilation and whipping. After the War of Independence, Benjamin Franklin and leading members of Philadelphia’s Quaker community argued that prison should be a place of correction and penitence. Their vision was behind the construction of the country’s first “penitentiary house” at the Walnut Street Jail in Philadelphia in 1790. The old facility threw all prisoners together; its new addition contained individual cells meant to prevent moral contagion and to encourage prisoners to spend time reflecting on their crimes.

Inmates protest prison conditions in Attica, New York, Sept. 10, 1971

Walnut Street inspired the construction of the first purpose-built prison, Eastern State Penitentiary, which opened outside of Philadelphia in 1829. Prisoners were kept in solitary confinement and slept, worked and ate in their cells—a model that became known as the Pennsylvania system. Neighboring New York adopted the Auburn system, which also enforced total silence but required prisoners to work in communal workshops and instilled discipline through surveillance, humiliation and corporal punishment. Although both systems were designed to prevent recidivism, the former stressed prisoner reform while the latter carried more than a hint of retribution.

Europeans were fascinated to see which system worked best. In 1831, the French government sent Alexis de Tocqueville and Gustave de Beaumont to investigate. Having inspected facilities in several states, they concluded that although the “penitentiary system in America is severe,” its combination of isolation and work offered hope of rehabilitation. But the novelist Charles Dickens reached the opposite conclusion. After touring Eastern State Penitentiary in 1842, he wrote that the intentions behind solitary confinement were “kind, humane and meant for reformation.” In practice, however, total isolation was “worse than any torture of the body”: It broke rather than reformed people.

Severe overcrowding—there was no parole in the 19th century—eventually undermined both systems. Prisoner violence became endemic, and regimes of control grew harsher. Sing Sing prison in New York meted out 36,000 lashes in 1843 alone. In 1870, the National Congress on Penitentiary and Reformatory Discipline proposed reforms, including education and work-release initiatives. Despite such efforts, recidivism rates remained high, physical punishment remained the norm and almost 200 serious prison riots were recorded between 1855 and 1955.

That year, Harry Manuel Shulman, a deputy commissioner in New York City’s Department of Correction, wrote an essay arguing that the country’s early failure to decide on the purpose of prison had immobilized the system, leaving it “with one foot in the road of rehabilitation and the other in the road of punishment.” Which would it choose? Sixteen years later, Attica demonstrated the consequences of ignoring the question.

Historically Speaking: The Invention of Ice Hockey

Canada gave us the modern form of a sport that has been played for centuries around the world

The Wall Street Journal, February 11, 2019

ILLUSTRATION: THOMAS FUCHS

Canadians like to say—and print on mugs and T-shirts—that “Canada is Hockey.” No fewer than five Canadian cities and towns claim to be the birthplace of ice hockey, including Windsor, Nova Scotia, which has an entire museum dedicated to the sport. Canada’s annual Hockey Day, which falls on February 9 this year, features a TV marathon of hockey games. Such is the country’s love for the game that last year’s broadcast was watched by more than 1 in 4 Canadians.

But as with many of humanity’s great advances, no single country or person can take the credit for inventing ice hockey. Stick-and-ball games are as old as civilization itself. The ancient Egyptians were playing a form of field hockey as early as the 21st century B.C., if a mural on a tomb at Beni Hasan, a Middle Kingdom burial site about 120 miles south of Cairo, is anything to go by. The ancient Greeks also played a version of the game, as did the early Christian Ethiopians, the Mesoamerican Teotihuacanos in the Valley of Mexico, and the Daur tribes of Inner Mongolia. And the Scottish and Irish versions of field hockey, known as shinty and hurling respectively, have strong similarities with the modern game.

Taking a ball and stick onto the ice was therefore a fairly obvious innovation, at least in places with snowy winters. The figures may be tiny, but three villagers playing an ice hockey-type game can be seen in the background of Pieter Bruegel the Elder’s 1565 painting “Hunters in the Snow.” There is no such pictorial evidence to show when the Mi’kmaq Indians of Nova Scotia first started hitting a ball on ice, but linguistic clues suggest that their hockey tradition existed before the arrival of European traders in the 16th century. The two cultures then proceeded to influence each other, with the Mi’kmaqs becoming the foremost maker of hockey sticks in the 19th century.

The earliest known use of the word hockey appears in a book, “Juvenile Sports and Pastimes,” written by Richard Johnson in London in 1776. Recently, Charles Darwin became an unlikely contributor to ice hockey history after researchers found a letter in which he reminisced about playing the game as a boy in the 1820s: “I used to be very fond of playing Hocky [sic] on the ice in skates.” On January 8, 1864, the future King Edward VII played ice hockey at Windsor Castle while awaiting the birth of his first child.

As for Canada, apart from really liking the game, what has been its real contribution to ice hockey? The answer is that it created the game we know today, from the official rulebook to the size and shape of the rink to the establishment of the Stanley Cup championship in 1894. The first indoor ice hockey game was played in Montreal in 1875, thereby solving the perennial problem of pucks getting lost. (The rink was natural ice, with Canada’s cold winter supplying the refrigeration.) The game involved two teams of nine players, each with a set position—three more than teams field today—a wooden puck, and a list of rules for fouls and scoring.

In addition to being the first properly organized game, the Montreal match also initiated ice hockey’s other famous tradition: brawling on the ice. In this case, the fighting erupted between the players, spectators and skaters who wanted the ice rink back for free skating. Go Canada!

WSJ Historically Speaking: The Lesson of the Last Passenger Pigeon

Photo: THOMAS FUCHS

Photo: THOMAS FUCHS

In April 1896, a flock of American passenger pigeons was discovered nesting in a forest outside Bowling Green, Ohio. Once the most ubiquitous bird in North America, the passenger pigeon had shrunk from countless billions to this single of flock of 250,000. News of the find was telegraphed across the country, drawing hundreds of visitors to the area.

By this time, the great bison—a powerful symbol of frontier America—had dwindled from a population of tens of millions to just a few hundred, all in zoos or reservations. Determined to prevent a similar fate for the passenger pigeon, several states had already enacted hunting bans. Seeing the birds gave conservationists hope that the restrictions were working.

Unfortunately, the visitors to Bowling Green weren’t bird watchers but hunters, and Ohio had no such protective laws. They killed the entire flock in a day. Afterward, the train taking the carcasses to sell in New York City derailed, leaving them to rot in a ravine. Eighteen years later, the lone survivor of the species—a female bird named Martha, after George Washington’s wife—died in a cage in the Cincinnati zoo.

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