Part 2

Of _moral improvement_, however, as regards the _many_, embracing change of principle and _real amendment of character_, he feels (he says) considerable diffidence. Bearing in mind the circumstances of the prison,--the period of separate confinement, rarely exceeding six months, being somewhat brief to be _permanently effective_ for reformatory purposes--the danger of any good impressions made during that period (the seed-time of reformation) being effaced when prisoners are transferred to the _large rooms and general ward_, where the opportunity is withdrawn from those under incipient convictions of being ever _left alone with their conscience_, and the spiritual exercises of the more advanced in religion, both meditation and prayer, are subject to disturbance.

If this opinion is the result of intelligent and long continued observation, (as we suppose it to be,) it is certainly very conclusive as to the value and indispensableness of convict-separation as a means of reform. The italic words are all found of the same character in the original document. They form, when read by themselves, a memorable sentence, and one which we respectfully commend to all those who stand in doubt on the subject.

"Moral improvement or real amendment of character, to be permanently effective among the many, is not to be expected in large rooms and general wards. They require to be left alone with their conscience."

From _Pentonville_, we have a very favorable report, especially as it regards the health, physical and mental. Only two cases of insanity have occurred during the year among 561 prisoners, and of these one had low intellectual development, which made him incapable of learning a trade; and the other, though only 26 years of age, had been previously convicted and imprisoned three times. He was suddenly seized with mania three weeks only after commitment, and cerebral disease was presumed by the physician to have been upon him when received. Concerning both of the cases the physician remarks, that the "insanity was not traceable to the operation of separation on the minds of the prisoners."--p. 11.

We venture to say that no prison on any plan or system can show cleaner papers respecting the health of an equal number of convicts.

It seems that immediately succeeding this year of remarkable health, in the course of the first half of the year 1852, "an unusually large number of cases of mental affection" occurred, which led to the substitution of brisk walking in concentric rings for exercise in separate airing yards--the abolition of the mask or peak which was found useless as a preventive of recognition, and the doing away of the chapel stalls. It is well known that these three features of the Pentonville system were designed to carry out the principle of strict separation. If they were found ineffectual for this purpose, their abandonment is a matter of no moment; and as the term of imprisonment in this penitentiary is regarded as probationary, and is moreover restricted to twelve months, we can scarcely suppose that such changes were required by way of relaxing the discipline. Colonel Jebb gives us to understand that the prejudices of the public against separate confinement are gradually subsiding, and he thinks it "of greater importance to the more general introduction of the system that every effort should be made to secure its great advantages without again raising the question of its safety." Is there no danger, however, that its efficacy may be so far diminished by needless relaxation, as to make it scarcely worth the trouble of introducing it?

We have not a shadow of evidence, nor even an intimation that the supposed increase of insanity was in the slightest degree the result of severe discipline; nor have we any report from the medical officer, visiting or resident, as to the existence of such "an unusually large number of cases of mental affection." But whether they existed or not, "they were believed to exist," and the Board of Commissioners directed the changes to which we have above adverted. In the progress of the inquiries on the subject, it was suggested to the visiting director, that he should obtain the joint opinion of the Governor, Chaplain and Medical Officer on sundry points, among which were the following:

1. Whether it appears necessary to reject any particular description of prisoners as being unfit subjects for separate confinement, such, for instance, as those of dull intellect, or others who do not speak the language, and are, therefore, less capable of instruction.

2. Whether the arrangements at Wakefield and Leicester, with regard to assembling for public worship, school instruction, exercise in association, &c., are likely to be the cause of a more favorable effect of separate (?) confinement on apparently the same class of prisoners.

3. Whether a greater stimulus or a greater degree of vigor cannot be imparted to the trades and occupations in the cells.

4. Whether it will be necessary and desirable, after a certain period of confinement, to exercise all prisoners in association, and whether the removal of both the long ranges of exercising-yards will be sufficient for such purpose.

5. Whether the garden at the back of the prison might not be advantageously cultivated by prisoners selected from those who may have been a certain period in confinement.

6. Whether dispensing with the mask would be likely to be attended with a beneficial effect.

We should have been gratified to know the answers which were returned to these pertinent and important inquiries. We think the second question would puzzle the wisest commissioner that could be found, whether association will be the cause of a more favorable effect of separate confinement on apparently the same class of prisoners! Or to vary the phraseology, what is likely to be the effect of association upon separation! In the absence of any report from the medical officer, and with the health report of the preceding twelvemonth before us, we cannot doubt that some misapprehension has arisen from exaggerated and possibly fictitious representations.

A new chapter of observations and conclusions is opened to us at Millbank by Dr. Baly, the visiting physician. It will be remembered that no little discrepancy of opinion occurred a short time since between the resident and visiting physician of the penitentiary at Pentonville,[A] and hence we should feel disposed to suspend full confidence in the present statement, till we know what the other doctor has to say. But one or two facts may be safely cited, which will serve to show how entirely irreconcilable some theories on this subject are with each other, and with the actual phenomena. Of eight insane convicts transferred during the year 1851 from Millbank to the Lunatic Hospital, five were decidedly insane when received into the prison. The aggregate of eight years gives us sixty-five cases of insanity among 7,393 convicts, of whom thirty-five were insane when received, and nine of the remainder were of very low intellect, and only twenty-one were of sound mind; of these twenty-one, thirteen recovered in the prison, leaving only eight all told, or about one in 1,000 as sufferers, in this form, from their incarceration! What prison or what mode of discipline can show a better result than this?

[A] See Journal of Prison Discipline for April, 1852.

Among the very remarkable things disclosed in this report of Dr. Baly, we find that during the first four years of the period of time embraced in it, when the average term of imprisonment was less than one hundred days, the cases of insanity were 11 or 3.28 per 1,000 prisoners, and that in the last four years, in which fifty-six days were added to the average length of confinement, the cases of insanity rose to 19 or 4.70 per 1,000! So that, omitting those who recovered in prison, the ratio in the first four years was 1.49 per 1,000, and, the last 2.72, or nearly double! It has been generally conceded even by the most zealous opponents of separation, that its tendencies are quite harmless and even wholesome, when not extended much beyond twelve months; but Dr. Baly's report presents an entirely new view of the case. He tells us that the ratio of insanity is twice as high in the second three months of confinement, and more than three times as high in the third, as it is in the first. His table is as follows:

+-------------+------------+--------------- |Approximative| Number | Annual | Number |of Cases of |ratio per 1,000 Periods of Imprisonment. |of Prisoners | Insanity | of Cases of | who passed |occurring in| Insanity for | through |each Period.| each Period. |each Period. | | -----------------------------+-------------+------------+--------------- First Three Months | 16,000 | 9 | 2.25 Second Three Months | 8,400 | 9 | 4.28 Third Three Months | 4,200 | 8 | 7.61 Fourth Three Months, or later| 1,200 | 4 | -- -----------------------------+-------------+------------+---------------

But it unfortunately happens that the reasons assigned for these results would go to disprove them. "The various feelings of remorse, shame and despondency," and the "withdrawal of the external sources of excitement," would be much more likely to work upon convicts' spirits during the first three months, than during the third three months, especially when the termination of the sentence is so near at hand. But the whole statement is so extravagant, and so contrary to the received opinions of even anti-separatists themselves, that we are disposed to give it very little weight. Dr. Given, late resident physician of the Eastern State Penitentiary, whom we must all regard as at least an uncommitted party, expresses his conviction of the entire safety of separation for the term of twelve months, even in the case of minors; but beyond that, in their case, he would seldom extend it. See his Report for 1852.

We have yet to be informed of the first case of the loss or serious impairment of a convict's mental or bodily health from the judicious and faithful administration of the separate system of discipline; but whatever real or fancied dangers to body or mind attend it, one thing is made clear by the report before us, viz., that it is wonderfully efficacious.

We infer from several passages in this document, what we have not seen more specifically stated elsewhere, that "the principle of the discipline now established in the English prisons, contemplates a confinement of the convict in strict separation twelve months, to prepare him for a term of labor in association;" and this latter stage, from its "exposing prisoners to many temptations, which they would have to encounter on their final release from penal restrictions in England, is to prepare them for that event." So that we have three grades or stages in the process; separation follows conviction and introduces to association, which is preparatory to transportation.

The convict, having passed the appointed term in separate confinement, is removed to the establishment in Portland Island (or, it may be, when suitable arrangements are made, to one of our Dockyards), to labor in the formation of the harbor of refuge, or on some public work. There, although he is still under religious instruction and very judicious superintendence, his principles and the reality of his reformation are subjected to a severe test. He is associated with other convicts, and, as it cannot be supposed that all have been reclaimed, he meets with many temptations.

The officer in charge of the Portland Island establishment, says:

The subdued, improved, and disciplined state in which the convicts generally arrive at Portland, from the stage of separate confinement, appears to be an admirable preparative for their transfer to the greater degree of freedom unavoidable on public works. Those convicts who have been for a considerable time at Portland, have not usually indicated any falling off in morals or conduct, but, on the contrary, several instances have occurred in which men, on whose conduct the comparative degree of liberty here alluded to, appeared to have at first an unfavorable effect, have afterwards become orderly and industrious, and content to work their way cheerfully to the prospective advantages held out to convicts of that character.

Such strong testimony to the efficiency and powerful reformatory influence of separation, is of great value.

Some interesting items are furnished on the extent and expenses of transportation. The number of convicts sent to the Australian colonies from Great Britain in 1847, was 938, in 1851, 1568. The average number transported annually from Great Britain, is given at 1750--1300 males, and 450 females.

The estimates for 1852-53 for services connected with the transportation of convicts amount to the gross sum of 101,041_l._, which provides for the removal of 3,100 males and 800 females from Great Britain and Ireland to Australia, and of 800 to Bermuda and Gibraltar.

Deducting the probable expense devoted to the latter service, there might remain about 95,000_l._, as the amount required for the removal of 3,900 convicts, or 24_l._ per head.

From various movements in the present parliament, we are led to infer that transportation will soon be abandoned. This event is more than intimated in the report before us. It is inferred from the tenor of a brief discussion of the scheme of the select committee of the House of Commons, announced two years since, in the form of three specific propositions, viz.:

I. That after prisoners under long sentences have undergone a period of separate confinement, the remainder of their sentences ought to be passed under a system of combined labor, with effectual precautions against intercourse.

II. That this object would be greatly facilitated by the erection of district prisons, at the national cost, for the reception of prisoners under long sentences after they have undergone such previous separate confinement.

III. That such district prisons should be maintained at the national cost, and the government of such prisons, and all appointments and salaries of officers, ought to be under the control of Her Majesty's Government.

Col. Jebb regards these plans with unqualified favor. "If it were only to avoid the inconvenience and expense of transportation," he says, "it is well deserving of attention, especially in an economical point of view."

It seems that lengthened "periods of imprisonment have not hitherto been resorted to, partly from there being no existing prison where sentences exceeding twelve months could be properly carried into effect, and partly, from a sentence of transportation in former times affording so easy a solution of all difficulty both as regarded expense and final disposal." And Col. Jebb expresses the opinion, that "if facilities existed for carrying into effect sentences of imprisonment extending from eighteen months to three years without expense to the counties and boroughs, a large proportion of the present sentences to seven years' transportation would be changed to imprisonment." Allowing the average sentences to be from two and a half to three years, nine months would be past under the discipline of separation, and from twenty-one to twenty-seven months in the district prison.

As a general conclusion of the whole matter, Col. Jebb copies and adopts the opinion of the Parliamentary committee, that "if conducted under proper regulations and control, separate confinement is more efficient than any other system which has yet been tried, both in deterring from crime and in promoting reformation."

It is quite evident that he is no convert to Dr. Baly's views, for he does not propose to reduce the average term of separation below nine months, within which all the mischiefs of it, (according to the Dr.'s theory or statement,) are experienced. Indeed, if we are not under great misapprehension, Col. Jebb has over and over again expressed his confidence in the principle of separation, when applied to periods varying from twelve to eighteen months.

So far from yielding to a suggestion of relaxation, the present report urges _a uniform system of discipline_ in all prisons, and the enforcing of separate confinement alike to the tried and the untried. It endorses the declaration of a committee of the House of Commons, that "the combination of hard labor with individual separation, has been remarkable in its effect to decrease the number of committals." The prison of Leicester is cited as an example.

In one section of the report, the subject of enforcing hard labor is discussed; Lord Denman's remarks are cited, in which he speaks of "the only legitimate end of punishment being to deter from crime; but I think I perceive," he says, "in some of the theories of benevolent men, such a mode of administering the criminal law as to encourage instead of deterring. I greatly dread the effect of giving convicts benefits and privileges which they never could have hoped for but from the commission of crime."

In allusion to this subject Col. Jebb, in his report for the preceding year, suggests whether among "the means of increasing the stringency of the discipline, and bringing it to bear with greater effect on the lowest class of prisoners, and on such as prove to be incorrigible, also on prisoners re-committed to prison, giving them a less comfortable bed for certain periods, or on alternate nights,--might not be desirable. The physical comforts of a prison are of necessity greater than the majority of prisoners enjoy when at liberty; and if, without injury to health, these can be abridged, a more deterring effect will be produced by the discipline, both on the individual himself and the criminal population generally."

We have often and earnestly contended for a more liberal use of those methods of discipline which apply to the sources or organs of criminal indulgence. Moral diseases have corresponding remedies. No more suitable remedy can be prescribed for idleness and indolence than hard work. Nothing is more irksome to a man given to depraved appetite, than short commons. The difference between a good dinner on corned beef and potatoes, and a ration of bread and water, is felt at points which reproof and the shower-bath, and even the cat-o'-nine-tails, will none of them reach. The former, by itself, will subdue a spirit which the three latter combined will only rouse to indomitable stubbornness.

On the whole, we regard this document as decidedly confirmatory of the views which have been uniformly advocated by the Philadelphia Society for the Alleviation of the Miseries of Public Prisons, and in the pages of this Journal. It contains not a statement nor a tittle of evidence that impairs in the slightest degree our confidence in the safety, efficacy and humanity of convict-separation. That it has been, and may be abused or ill-administered, and that it requires judgment and discrimination to adapt its provisions to the various classes of persons who are subjected to it, is not more true of this than it is of the gregarious or any other system. The only substantial fault that we have ever known to be found with it, is that it costs more than association, and the only answer to be made to this is, that (admitting the statement to be true) it is worth as much more as it costs.

ART. III.--SOURCES AND CHECKS OF JUVENILE DELINQUENCY.

When the farmer finds his fruit trees exposed to the ravages of the caterpillar, he makes but slow and unsatisfactory work, if he takes the worms one by one as they are feasting on the leaf, or crawling along the stem, or dangling in the air. There is a period of the day, however, when they are all in their nest, and if he can apply a torch to their curious fabric and consume it, or riddle it with shot, or wind it and its wriggling population upon a brush or broom well besmeared with pitch or tar, to be forthwith put into the fire or under the foot, the work is thorough and the tree safe.

Not inaptly does this illustrate, or serve to point out the true process for the diminution of crime. The arrest, conviction and punishment of here and there a rogue, is scarcely felt. It is but a unit subtracted from the appalling aggregate of crime. If we would have the ratio of our criminal population palpably and permanently lessened, we must lay hold of the young ones in the nest, and whatever the trouble or cost, we may rest assured it is by all odds the cheapest and only effectual way of dealing with the pest.

Among the prominent causes of, or excitements to a criminal life which are operative upon childhood, especially in cities and populous towns, have been reckoned 1, and chiefly drunkenness. 2. The absence of education and industrial training. 3. The inadequacy of home-accommodation to secure the ordinary decencies of life. 4. The demoralizing influences of cheap theatres, and other low places of amusement, association with fire companies, and the liberty to dispose of the whole or a considerable portion of their own earnings. 5. The example, instruction or orders of parents constraining them to vicious acts, and 6, the connivance or co-operation of receivers of stolen goods to prompt them. We might indefinitely enlarge this catalogue, but these causes are adequate to account for the greater part of juvenile crime.

The readers of our Journal cannot fail to be aware of the unusual interest which has recently been awakened on this subject. Our present number contains sundry evidences of it, and by referring to the cover, a notice will be found, the design of which is to provoke inquiry and discussion, with a view to reformatory measures. As human nature is substantially the same all the world over, and as like causes produce like effects, we have transferred to our pages several interesting and important passages from the last report of the inspector general of English prisons, bearing particularly on this subject.

In respect to the first cause of juvenile depravity, which we just commented on, drunkenness--

"Statistical returns show that the amount of money expended in intoxicating drinks of one kind or another in Great Britain, is between fifty and sixty millions of pounds sterling per annum,--a sum fully equal to the whole national revenue.

"Now such an enormous expenditure on any one object must produce a noticeable effect upon our social condition. Were such a sum annually expended on the reclaiming of waste land and the improvement of what is but partially cultivated, and the erection of comfortable dwellings, in a few years our whole island would be a garden of beauty and fertility.

"But what are the results produced?

"The physicians of our lunatic asylums tell us that intemperance is the cause of a large proportion of the cases of insanity.

"The medical officers of our infirmaries and dispensaries tell us that many diseases are caused, and more are made fatal, by habits of intemperance.

"The masters of our poor houses tell us that they can trace the pauperism of most of their inmates to their own intemperance, or to that of their parents.

"The governors and chaplains of our prisons tell us that most of the crime in our gaols is directly or indirectly caused by strong drink.