In pursuance of the authority enforced by this law, the commissioners

met at the Penitentiary on the 20th of October last, and at various

times thereafter, and examined eighteen cases presented for their

investigation--eight of whom they regard as proper subjects of

hospital treatment; two, they think, will be as well or better off

where they are; the sentence of one expired during the pendency of the

proceedings, and he was discharged, four are not suitable inmates of

an Insane Hospital, and three, who were committed for safe keeping,

are regarded on all hands as unfit to be placed in any hospital, or

elsewhere where the means of close custody are less efficient than in

the Eastern State Penitentiary.

In the course of their report to the executive, the Commissioners very

properly speak of it as a grave question, how far it is justifiable to

mingle convicted criminals (however afflicted) amongst the meanest whom

the hand of God has visited with mental derangement, or how many insane

criminals can be sent there without seriously jeopardizing the best

interests of that institution, and risking the safety and well being of

its inmates. They add, "that no wards can be specially appropriated to

the class particularly under notice, and as a consequence the insane

criminal must be in contact directly with the insane innocent."

In the absence of a hospital constructed with exclusive reference to

the custody and treatment of convicts deprived of their reason, and

considering "the great security afforded by the penitentiary and the

character of its arrangements," the Commissioners are of the opinion,

that "it will be quite possible, inside its enclosure, to make the

limited number of this class now confined there, more comfortable than

they could be in any ordinary hospital, for the reason, where a just

regard to the safety of others would require a much closer degree of

confinement," in which opinion we cordially coincide.

As this is the first proceeding under the provision of the law, it has

received particular attention in the report of the Inspectors, and may

claim a brief notice in our pages.

And we must in the first place take exception to the phraseology in a

clause of the Act of Assembly, which is open to misconstruction. "A

certain class of prisoners" is mentioned, "whose mental and physical

condition may require, in the opinion of the Inspectors, a temporary

relaxation of the separate confinement system." The framers of this

paragraph were probably unaware that all the provision which any body

ever considered necessary for the class of prisoners alluded to, may

be enjoyed without any "relaxation (temporary or permanent) of the

separate confinement system."

It is the _unbroken solitude_ which, by an existing law, should be

relieved two or three times a day, but in some past periods has

not been relieved for days together; it is the confinement to an

unwholesome or stultifying trade; it is the brooding over a seven

or ten years' sentence, a ruined and helpless family, and a blasted

reputation,--these are the causes, and not _separation_ from other

convicts that threaten to undermine the health and derange the reason

of convicts of a peculiar temperament. Now, if the money appropriated

could be expended in a few extra lodges, with ample exercising yards,

and perhaps one-tenth of it for an additional attendant or two, to have

charge of enfeebled prisoners (whether they were so when admitted, or

became so as a natural effect of prison-life) this provision of the

section would be very reasonable. The _separation_, however, may safely

and should certainly remain intact.

But there is another class of convicts whose case is embraced by a

_proviso_. It is those who "develope such marked insanity as to render

their continuance in the penitentiary improper, and their removal

to the State hospital necessary to their restoration." In order to

determine whether a convict answers to this description, a competent

Board is appointed to examine and report.

Now we will suppose a case is presented of a prisoner who was committed

for _safe keeping_ merely. This is certainly not a case within the

proviso. No matter how marked the insanity is, it was developed before

commitment, and his continued confinement is, therefore, in no sense

"improper." Competent authorities disposed of him with due reference to

all the circumstances of the case, and the Act of the Legislature is

not designed to disturb the acts judiciary.

Another case is presented to the Board, and they are satisfied that it

is a "manifest" development of insanity, but that with proper medical

treatment, and such out-of-door exercise as is quite compatible with

the discipline of the institution, the party may be restored. This

is clearly not within the proviso, for it is only such cases as make

"_a removal to the State Hospital necessary to their restoration_,"

that are to be transferred. It is evident, therefore, that the medical

Board are not to be restricted to the inquiry, whether there is or is

not a development of insanity, but whether the case presented is one

which the proviso meant to include. The medical Board are presumed to

know the provisions of the act from which they derive their authority,

and they cannot read it without perceiving that they are to decide

not only whether a prisoner is insane, but also whether his insanity

is of such a type or character as to render his continuance in the

prison _improper_, and a removal to the State hospital indispensable

to his recovery. Now, suppose they are satisfied of the insanity,

and also that his removal to the State hospital or elsewhere would

not be likely to restore him. This is the very point for which their

professional knowledge and experience is required--quite as much as

(if not more than) to determine the naked question of insanity. Surely

a wise Legislature could not have meant to ask a _medical Board_ to

determine the question of insanity, and leave it to the _Inspectors_ to

say whether the insanity might be safely and properly treated in the

prison, or whether a removal to the State Hospital would be likely to

issue in restoration!

On the whole therefore it must be obvious, we think, to any candid

mind, that the Legislature designed to give the Inspectors the benefit

of the _official judgment_ of a competent Board, as to the manner in

which they should treat or dispose of insane convicts.

Upon the general question of the removal of any insane convicts to the

State Asylum, we indicated an opinion in our number for July, 1852,

and farther inquiry and reflection confirms the doubt then expressed,

whether a general State Lunatic Hospital should receive convicts of any

class.

If an offender has been convicted and sentenced according to law, he

must be regarded and received into the cell as a suitable subject of

convict-discipline. A process of law so terminated, is tantamount to

incontrovertible evidence, that the party is in all respects amenable

to the penal sanctions of the law. Otherwise he is not a convict, but

an oppressed and abused sufferer. Having thus been committed, he must

abide the life of a convict. If his health fails, humane provision

should be made for him in a proper apartment, called an infirmary or

hospital, with proper attendance, medicine, nourishment, &c., but why

should he be pardoned, removed or discharged? Sickness in prison is

one of the risks he voluntarily takes in committing the offence. If

he breaks a limb or loses an eye, it is what happens to honest men as

well as convicts, and he can claim no exemption from such calamities,

and must be satisfied with prison fare when they overtake him as a

convict. Why should the failure or loss of mental soundness be a cause

of discharging a prisoner, any more than the weakness or maiming of the

body? Why should not provision be made within the prison-bounds for the

proper care and treatment of this class of ailments, as well as any

other? Certainly not because it is not practicable to do it, for the

medical records show that the recoveries among convict-lunatics here

and in England, bear quite as high a proportion to the cases, as in our

best Insane Asylums. If it should be maintained that the proper room

and attendance cannot be obtained, the same reason might be urged for

discharging the sick and lame, that there was no room for an infirmary,

nor for surgical operations, nor for nurses, &c. We do not see what

reasonable ground can be urged for the removal of the former, which

might not be quite as tenable in relation to the latter.

It seems to us that when the Commonwealth, whose peace and dignity

have been violated by a breach of the law, seizes on the offender,

and separates him from honest citizens, clearly proves his guilt, and

commits him for punishment to hard labor in the penitentiary for a term

of months or years, nothing should avail to discharge him from that

sentence, except the discovery of some evidence of its injustice. It

is assumed, of course, that he has been legally and fairly dealt with

in the whole process of the prosecution, and that the sentence is as

light as the law or the circumstances of the case will justify; and

this being conceded, we confidently maintain that the State takes him

into her custody as a convict, and that, as a convict she is bound to

provide for him whatever he needs, whether in health or sickness, in

strength or weakness, in life or death, until he has accomplished his

full term.

We venture to make these suggestions the more plainly, because we

perceive not a little confusion in the views which are gaining ground

on the subject.

In the recent report of the Inspectors of the Eastern State

Penitentiary, cases are mentioned of prisoners who were clearly insane

when first sentenced to the Penitentiary. How this fact was proved

in any case, does not appear. The question would be relieved of much

embarrassment if it did. But the report hazards another and much graver

remark, viz: that the "experience and observation" (of the Inspectors)

"have convinced them that the commission of crime is more frequently

connected with mental disease than courts or juries suspect." We had

supposed that the danger, if any, was in the opposite direction. It

must be very rare, we apprehend, that the plea of insanity is not

urged where there is the slightest pretence to sustain it. And courts

and juries, in our country at least, have been regarded as quite

sufficiently indulgent towards it whenever it is urged.

It is scarcely safe, as it seems to us, after conviction by due course

of law, to go behind the proceedings and attempt to avert their

legitimate consequences by alleging the existence of a fact which

should have stayed them entirely. That property is taken, mischief

committed, and violent deeds done by persons of insane mind and of

course irresponsible for their acts, we all know; but these acts are

not offences, nor are the perpetrators of them offenders, nor can they,

by any process of law, be turned into convicts. Yet the time to show

this (if it is not plainly apparent) is when they are arrested for such

acts, and their state of mind is relied on to exempt them from any

responsibility. If it is not shown then, it is our duty (in ordinary

circumstances) forever after to hold our peace.

It is not our province to vindicate the established tribunals of the

country from the charge of "presumption" or "inhumanity," when they

direct a maniac, who, in a paroxysm of his malady, has taken the

life of his wife or his friend, to be confined within the cells of a

penitentiary as one dangerous to society. But we suppose the community

has a claim to be protected against the violence of the lawless,

whether they are rendered so by the visitation of God or by the

indulgence of depraved and malevolent passions.

That this protection can be made sure by existing arrangements in our

State Hospital, or that adequate provision can be made therein without

injuriously affecting the interests of third parties, we are not

prepared to say. But we are well persuaded that proper provision for

all classes of convicts, whatever their physical or mental condition,

can be made in either of our State Penitentiaries; and we shall not

cease to consider those institutions very imperfectly constructed or

organized, so long as such provision is not made within their walls.

Before our readers pronounce judgment on these views, we trust they

will take sober thought and established facts into their counsels.

While these sheets were passing through the press, we were favored

with the report of the New York State Lunatic Asylum at Utica, for

the current year, in which the most emphatic remonstrance is made to

sending thither persons acquitted of crime, on the ground of insanity,

or convicts who become insane. The reasons are plainly stated:

These unfortunate persons are discharged from punishment and

committed to the asylum. The buildings not having been designed

for the custody of this class of the insane, they cause much extra

expense, watchfulness and care; and as experience shows, with but

little prospect of benefit. The number is constantly increasing

and encroaching upon space which might be more usefully devoted

to patients who are likely to be improved, and for whom the

institution was originally designed. Many of the class referred to

are of the most depraved character, and quite unfit associates for

the other inmates, who, for the most part, are persons of worth

and respectability, and entitled to be protected against dangerous

associations.

The mischiefs which are so clearly exposed by the Managers, are still

farther exhibited in the report of the principal physician, who regards

convict-lunatics as requiring more secure fixtures and stricter

surveillance than ordinary patients, and for these and the worst class

of drunkards, he recommends "the erection of a hospital for two hundred

and fifty patients of the male sex only, to be carefully constructed,

and fitted for the ultimate occupancy of lunatic criminals only; but

to be used, until needed exclusively for this purpose, by criminal and

homicidal lunatics and drunkards."

We think these views and suggestions must commend themselves to all

reflecting minds, and we hope to see them carried out.

We offer no apology for occupying so much of our limited space with

this subject, inasmuch as the interests of _philanthropy_ are involved

in protecting our State Lunatic Hospitals from being prejudiced by the

introduction of patients who do not properly fall under their care, and

the interests of _prison discipline_ require that the convict should

not be released from any measure of retribution for his offence, which

a lawful sentence imposes.

ART. VI.--REPORT OF THE CONDITION OF THE NEW JERSEY STATE

PRISON.--Embracing the reports of the Joint Committee, Inspectors,

Keeper, Moral Instructor and Physician. January 19, 1853. pp. 48.

We have been favored with the report of this institution for the year

1852-3. There were in confinement, at the beginning of the year, two

hundred and seven. Received during the year one hundred and twenty-one,

and in custody in the course of the year three hundred and twenty-nine

different individuals. Of these, sixty-eight were discharged by

expiration of sentence, and nearly the same number (viz. 63) by pardon!

One death occurred, leaving one hundred and ninety-seven prisoners

on hand at the close of the year. The average monthly population of

the prison was two hundred and ten, which is a large increase on the

previous year.

Of the one hundred and ninety-seven on hand, seventy-two are in on a

sentence of five years or upwards; thirty-four for three years and

upwards, forty-eight for between one and three years, and forty-three

for one year or less. Of the whole number thirty-eight were under

twenty; eighty-one between twenty and thirty, and forty-nine between

thirty and forty; showing that one hundred and sixty-eight out of the

one hundred and ninety-seven, or FOUR-FIFTHS, were under middle life.

The offences are divided about equally between those against property

and those against the person. Of the latter the extraordinary number

of fourteen are for rape, and five for an assault with intent to

commit that crime, and fourteen were counterfeiters. Eighty-nine, or

nearly half the convicts, are natives of New Jersey; sixty-three are

of foreign birth. Only eight females are in the prison, four white and

four colored; and of the one hundred and eighty-nine males, forty-nine

are colored. It is worthy of observation, that of one hundred and

twenty-two commitments last year, sixty, or about one half, had no

trade!

In respect to the physical health of the convicts, we are informed that

only one death occurred during the year, and this was by suicide. It

was a young German, who had been in prison only five days, and whose

sentence was only six months. We do not learn that any one at Trenton

ascribes this melancholy event to the effect of convict-separation, but

it would be in keeping with the spirit which has sometimes manifested

itself in discussions of this subject, to set it down as one of the

fruits of the separate system!

The State Prison of New Jersey is established on the principle of

individual separation. The law provides, that "every convict shall be

confined in one of the cells of the prison, separate and alone, except

in such cases of sickness as are by the act provided for." That is, if

the physician reports to the keeper that a prisoner requires a nurse,

the keeper, with the approbation of the acting Inspectors, may employ

one of the prisoners; and "whenever, in the opinion of the physician,

the enlargement of any prisoner shall be absolutely necessary to the

preservation of life," he may be removed from his cell, "but the

prisoner shall in every such case be kept from the society of other

prisoners, except such as may attend as nurses."

No language could more clearly express the will of the Legislature that

convict-separation should be the basis of the discipline. In addition

to these positive requirements, the Inspectors are to embrace, in

their annual report to the Legislature, "such remarks and statements

respecting the system of _separate confinement_ and the efficiency of

the same, as shall be the result of their own observation." The same

act authorizes them to make rules and regulations for the prison as

they may deem necessary and proper, "_consistent with the principle of

separate confinement_ and the laws of the State."

Now we might naturally suppose that a body of law-makers, receiving

such a report of the condition of a body of convicted law-breakers,

from those who are appointed to take care of them, would be slow to

countenance any direct and palpable breach of the law by themselves;

and yet it must have been known to the Legislature of New Jersey that

the provisions of the law establishing the State prison, are rendered

entirely nugatory by their neglect to provide means for executing them.

They are supposed to know that the prison contains but one hundred and

ninety-two cells, and that ten of these are occupied for workshops and

store-rooms. A brisk walk of five minutes would supply the honorable

the Legislature with demonstrative evidence that one hundred and

eighty-two cells would not suffice for the separate confinement of two

hundred and thirty-two prisoners, and hence they would see fifty cells

(7-1/2 by 16 feet) occupied by two tenants each, against the peace and

dignity of the Commonwealth (which has forbidden such association)

and of course "against the form of the statute in such case made and

provided."

In such an emergency, we might further suppose that measures would

be adopted at once to enlarge the accommodations and to obviate the

alleged necessity for thus openly violating the law, as early as

possible. With this impression, we are surprised that the Executive

of the State, whose particular function it is to see that the laws

are duly executed, does not urge prompt action in the premises. So

far from any intimation of this sort, he speaks of the administration

and management of the prison throughout, as eminently successful and

commendable; of the keeper and officers as having sustained their

reputation for ability and efficiency--of _five thousand dollars_ of

surplus earnings as having been paid into the State treasury during the

year--and of about _two thousand dollars_ paid to discharged convicts

for overwork, all which he thinks exhibits unexampled prosperity in the

affairs of the prison.

He even goes so far as to say, "_that the discipline has been well

maintained_," adding (rather paradoxically we think,) that the "large

number of prisoners renders it impracticable to observe the law in

relation to solitary" (separate) "confinement, and the necessity of

association impairs to some extent the corrective regulations of the

institution."

We humbly submit that it is not the "necessity of association," but the

association itself that does the mischief, and farther that Jerseymen

would better understand the case if it were said in plain English, that

until cells enough are built to give each convict a cell by himself,

the occupants will be more likely to become worse than better, at the

expense of the State, and in deliberate violation of its positive laws.

This view of the case becomes quite imposing, when it is considered

that of the one hundred and ninety-seven convicts, one hundred and

sixty-eight are, or about four-fifths, are in on a first conviction.

Of course, every precaution is essential to give the discipline of the

prison its most benign and efficient influence. It is passing strange

that an enlightened State should pocket five thousand dollars of the

surplus earnings of her convict-population, while the accommodations

for accomplishing the only legitimate objects of the prison are so

narrow as to require a constant violation of the law, and a constant

defeat of its wholesome ends. It may be, however, that to violate

laws has become the rule, and to obey them the exception. As an

illustration, it may suffice to say, in respect to this same New Jersey

State Prison, that the use of tobacco in any form is peremptorily

forbidden by law; yet we are informed, on indisputable authority, that

the prisoners both chew and smoke, and that some of them have taken

their first lessons in these arts after their admission to the prison!

We have made these suggestions with much freedom, and we hope without

offence. We have hearty, intelligent co-adjutors in Jersey, who are

aiming with us to establish the convict-discipline of the country on

a truly humane, efficient, philosophical and Christian basis. To this

end, we maintain that every prison or place of confinement for persons

charged with or convicted of crime, should furnish a suitable apartment

for each individual, separate from every other individual suspected

or convicted of crime. We have often cited the State prison at Trenton

as one of this class, and have uniformly espoused the views of the

Inspectors and principal officers, at times when they were opposed by

crotchety speculators within or without the prison; and we shall be

greatly disappointed, if means are not promptly used to conform the

discipline to the provisions of law.

ART. VII.--AN EXTRAORDINARY DOCUMENT.

We have before us a stitched pamphlet, entitled "Report on the Subject

of Prisons, by Rev. Alexander L. Hamilton, State Commissioner, to Hon.

Austin King, Governor of Missouri--Referred to the Committee on the

Penitentiary, and three thousand copies ordered to be printed, January

5, 1853," pp. 24.

The author of this report is, we doubt not, a very worthy and

intelligent gentleman, or he would not have been appointed by the

Executive of Missouri on so important an agency. That he has fulfilled

his mission to the best of his ability, we may also admit; but that

his report contains "such information as is necessary to present the

subject of Prison Discipline fully to the consideration of the next

general assembly of Missouri," we cannot believe. Indeed we do not

hesitate to say that it is entirely deficient in every point that a

report on such a subject, for such a purpose, should embrace.

The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII, No. II, April 1853) · 第 3 / 6 段