CHAPTER VIII.

THE COUNTY JAIL.—ENGLISH PRISON DISCIPLINE.—THE PERFECTION OF THE

PRESENT.—EDUCATION AND TAXATION.—WHAT NEXT?—CAPTAIN MACHONOCHIE.—THE

MARK SYSTEM.—THE CHRISTIAN IDEA OF PUNISHMENT.

[Sidenote: _HEREFORD JAIL._]

After breakfast, we visited the county prison. It is on the plan of

the celebrated Pentonville model prison, near London, which is an

improvement on what is called the Philadelphia plan. Any of my readers

who are much interested in the great and most puzzling problem of

prison discipline will be familiar with the elements of the last

experiment of the British Government upon the sad subject.

This specimen of it at Hereford was all that could be asked for in its

way. Evidently, no skill in planning and no expense in execution had

been wanting to make it as perfect as such a thing could be.

We were first conducted through several long, light, and airy

corridors, upon which opened the well-ventilated sleeping-cells of the

prisoners—each cell appearing the _perfection of a cell_, as if made

to the order of some noble amateur rascal, in the most complete and

finished style which would be appropriate to an apartment with that

designation: the walls of plain hewn stone, but white as bishop’s lawn;

the floor damp-proof, of asphalte; the bedstead of iron, the bed of

sufficiently appropriate coarseness, snugly and neatly _made up_ as if

by the joint labour of a tasteful upholsterer and a skilful laundress;

warmed on the hot-water plan; furnished with a wash-bowl, and pure

water brought by pipes; lighted by a beam of filtrated sunshine by day,

and a jet of gas-flame by night; provided also with a bell or signal,

by which the interesting inmate may at any time, in case of bodily

ailment, summon a regular bred physician to his relief, or a veritable

and legitimate “descendant of the apostles,” in case he should be taken

suddenly aback with repentance during the night: at every bed-head

too—regularly as the crucifix in the dormitories of monks, or the

squat, yellow _Josh_ in the habitation of the Chinese—a bible. “The

Bible! ah! how must his heart melt, and his dark mind be enlightened,

as in his retirement from the wild temptations of the wicked world the

prisoner is left to be absorbed in its glorious tidings. What a feast,

what a treasure, what a ——” nay, the shining leather and sticking

leaves tell us that even the Bible Societies may throw pearls before

swine.

“Aye,” says the turnkey:—“_He can’t read_—a young chap—in for two

months; petty larceny.”

We open and read.—“He that _knew not_, and did commit things worthy of

stripes, shall be beaten with few stripes. For unto whomsoever much is

given, of him shall much be required; and to whom men have committed

much, of him they will ask the more.”

It was given him to have a mind uneducated except in ignorance and

criminal contrivance, and it was required of him, he might tell us, to

either starve or steal; and then there is given him good, comfortable,

clean, wholesome air, water, food, lodging, and exercise, (not work.)

Moreover, there is added this _sealed_ book. Must he not think it

mockery?

But we are not allowed to philosophize, or moralize, or criticise.

We are expected only to admire, and are passed along to the culinary

department.

[Sidenote: _A MODEL PRISON._]

_Perfection_ again—of a kitchen with an admirable, stout, dignified

_chef-de-cuisine_, graduate of Paris doubtless, presiding. The

diet-table he explains to us, is scientifically ordered; the beef and

bread and vegetable are of the best, and we are shown how the quantity

for each man in each particular is accurately weighed out. The patients

are also weighed periodically, and the allowance of food and of

exercise is studiously adjusted to the condition of each.

Next we are taken to the day cells, which are in several separate

courts. Within each is an ingeniously-contrived crank attached to a

common shaft revolving through all. This crank is _the exerciser_.

The prisoner stands at a certain distance before it, takes hold of it

with both hands, and, as it turns, a certain motion is given to his

whole body—the most healthful sort of motion: expanding the chest, and

moving every joint of his limbs. He remains in this cell ten hours

each day, Sundays excepted; and the usual allowance of exercise is

half an hour, with ten minutes’ rest after it, continued alternately

during that time. There is a library in the prison, from which primers,

picture-books, and tracts, are served out for the exercise of his mind

during the ten minutes’ bodily rests.

For Sundays, there is provided another sort of cells, which are so

arranged that each prisoner can look at the same central point, but

cannot see any other prisoner. At the central point is placed a humble

vessel, (doubtless as _perfect_ as can be made by ordinances, and

duly clad in regulation vesture,) from which a stated dose of “gospel

privileges” is scientifically discharged and systematically imbibed

by every patient—prisoner I mean. There are two such rations given

on Sunday, with a dinner between, and opportunity for reflection in

private, before and after.

It is a first principle of the plan that labour should end where it

begins. The exercising shaft is sometimes applied to a pump-brake to

fill the reservoir over the prison with water, but never in any other

way saves labour. Pains are taken in every way, not with absolute

success it is admitted, to secure utter silence, and to prevent all

communication between the prisoners. Criminals are rarely sent here for

more than twelve months; and it is said, that with all the science and

care that can be devoted to them, their health, both bodily and mental,

is endangered, if their confinement is protracted longer.

It may be, as its admirers have no shadow of doubt, the happiest

idea of a prison most happily realized that the world yet knows;

yet it is one of the most painful things to examine that I ever

saw. It is hardly possible to speak well of it but in irony, or to

describe it without sarcasm, so absurd seems all this scientific care

for the well-being—physical, mental, and moral—of these miserable

transgressors, contrasted with the studied neglect, justified and

made praiseworthy by strictly economical and religious reasoning, of

the unoffending poor. While no talent, painstaking, and complicated

machinery, is too expensive and cumbrous to be devoted to the keeping

of the criminal, of the unfortunate, society, through the state, still

says—_Am I my brother’s keeper?_

Hold the hand! Dash not the book behind the grate, my conservative

friend; I would hint at nothing more dangerous than _education_—a

word one may yet speak in America without being finally condemned

as an infidel and a socialist, and a man given to _isms_. Would you

still call me to order, remind me that I am writing on the subject of

prisons—English prisons—and that I may take up the subject of schools

in another chapter. Yet there may be lessons learned from prisons, and

English prisons teach lessons that all who do not care for the subject

of education would do well to heed.

[Sidenote: _EDUCATION AND CRIME._]

In the prisons of England, in 1841, it was found that out of every

hundred criminals then supported by the state—

33 had never learned to read or write;

56 were able to read and write imperfectly;

7 were able to read and write well; and only

1 _in two hundred and twenty-two_ had been favoured, with

“instruction superior to reading and writing.”[7]

[7] Parliamentary Document, 1842.

Only 28 in every hundred were over 30 years of age! So soon in crime

come forward and pass away the children of ignorance.

The chaplain of the Brecon jail reports, that though the majority of

the prisoners to whom he ministers are able to read imperfectly, yet

their education has been so defective that they have no notion of the

bearing and connection of one part of a sentence with another. Nine out

of ten of them were ignorant of the merest rudiments of Christianity.

The chaplain of the Bedford jail states that the great majority of

prisoners there confined are “ignorant, stupid, and unconcerned.”

Another jail chaplain observes of those “children, or men still

childish,” under his care, who _had_ been instructed in reading and

writing, “they had not learned to think about or understand any thing

that they had been taught; the ears had heard, the tongue had learned

utterance, but the mind had received no idea, no impression.” (The

reader may be reminded of what I said of sailors’ reading.[8]) From the

Bucks county jail it is reported that about half the prisoners have

never been taught to read and write, and about one quarter are ignorant

of the alphabet; and that “_ignorance is uniformly accompanied with the

greatest depravity_.”[9]

[8] Walks and Talks, i. 33.

[9] Jail Returns to the House of Commons, 1848.

Had we not better give up our “godless schools,” and establish some

godly prisons for the next generation? Surely we may learn something

from the statesmanship that is wedded to a church.

I heard a crusty old bachelor say the other day, growling at the Free

School Laws: “But I have no children, and I don’t want to pay for the

schooling of my neighbour’s brats; if they were begging for bread,

it would be another thing.” The land of free trade has something to

tell us about this too. “Nine out of twelve of the inmates of the

_Poor-houses_ of Norfolk and Suffolk cannot write their names.”[10]

[10] Von Raumer.

Never forget, citizens of the United States, that the children within a

republic are, and must be, “THE CHILDREN OF THE REPUBLIC.” Do your duty

to them, or they will not do their duty to you.

To return to the Hereford jail: I intimated that every thing said in

admiration of it seemed necessarily ironical and bitter; but I do

recall one pleasant, and, I doubt not, true word, for it—“_it is a

palace compared with the old one_.”

Good!—surely that is good: no one will ask us to go back to packing

criminals, and all under surveillance of the law, promiscuously into

great stone pens, giving them rotten straw to rest upon, and supplying

only the cheapest grub that will offer to keep body and soul together.

Few will be inclined to think that the world’s prisons—hell triumphant

in Austria and Naples excepted—are not better now than in the day

of Howard. Progress there has been, even here, true and substantial

progress, thank God! Progress there must be, for the kingdom of God

moves steadily on. This palace-prison is but a mile-stone on the road.

What next? There are some pamphlets before me in which an answer to

this question is attempted to be given.[11] The matter is one of so

much difficulty and so great importance, so nearly connected with the

progress of Christianity and civilized law, and the plan of a new

prison is so often to be discussed and established among our thirty

states and thousand counties, that I must beg my readers to carefully

examine the new system of punishment that they propose, and I urge it

the more, because, so far as I know, it has, up to this time, entirely

escaped the attention of the American press.

[11] “The Principles of Punishment,” by Captain Machonochie, R. N.,

K. H: J. Ollivier, Pall Mall, London. “Crime and Punishment,” by

Captain Machonochie: J. Hatchard & Son, London. An “Essay on Criminal

Jurisprudence,” by Marmaduke B. Sampson: Highley & Son, London. These

works may all be obtained through the agency of the publisher of this

book, and will be found to contain (especially the last) some most

valuable hints and suggestions applicable to other matters besides

prison discipline. Their cost is trifling.

[Sidenote: _PRINCIPLES OF PUNISHMENT._]

But first let us distinctly recall to mind what is most unsatisfactory

and clearly defective in our present prisons and system of criminal

punishment.

There are two general principles with regard to the punishment of crime

that have been theoretically received and approved of in the minds of

all enlightened and Christian people, and yet to which there is much in

our present system that is practically false and repugnant. We _say_

“necessarily so,” and that this necessity is one of the awful results

of crime or sin. God knows if we are right. If not, we are terribly

wrong.

The principles or rules with regard to punishment, to which I refer,

are these: that it should not be _vindictive_ or revengeful, that it is

not the business of human jurisprudence to satisfy the abstract claims

of justice, “_Vengeance is mine_, saith the Lord;” that, on the other

hand, it should be our purpose, in the treatment of criminals, so far

as may be consistent with the good of society, to do them good, to

make them better, stronger, and happier. This also is a corollary of

the second principle to which I refer, namely, that the great end of

criminal law is to prevent, discourage, and lessen crime.

I say that practically, among the mass of our community, the punishment

of criminals is felt to be, and is engaged in as if it were, the

satisfaction of a vindictive feeling against an enemy of society, a

satisfaction that the law makes him _pay_ (though “_I will repay, saith

the Lord!_”) in the inconvenience and suffering of his confinement and

_hard labour_, for the injury he has done society or some member of

society. That, _practically_, the criminal has the counterpart of this

feeling, considering that society looks upon him as its enemy, and,

when it catches him, vindictively makes him suffer for his crime, as

if it were a match between him and the law, in which he was the loser;

and that the effect of looking upon it in this way is to aggravate

and intensify the evil which we theoretically propose to cure by his

imprisonment.

[Sidenote: _MORAL INFLUENCES ON THE PRISONER._]

It is true, that in accordance with the purpose of improving the

character of criminals during (I cannot say, _by_) their imprisonment,

we employ chaplains to preach and counsel them, and give them books,

that it is supposed, in the absence of any other employment of the

mind, may engage their attention. And these are the only means employed

at present for the purpose of training them to be active, efficient,

industrious, and well-disposed members of society, upon their release!

I might bring forward endless statistics in proof, but few will be

inclined to deny that for this purpose these means constantly prove

themselves entirely inadequate; that, in this respect, our system is a

_constant and complete failure_. Why? Because of the “foolishness of

preaching?” Because virtue is taught only theoretically; and a field

of practice, of resistance of the temptation to the peculiar sins

which we denominate crime, is required to give such lessons practical

value? Because under a system in which a man is provided with good

and sufficient food, clothing, lodging, fuel, and other necessities of

health and life, to a degree of perfection that he never knew before,

without the exercise of any personal care, forethought, skill, or

labour, much of the real manly virtue of active life becomes a dead

letter, and cannot be acquired? Because the religion that is preached

does not make necessary the practice of prudence, energy, economy,

industry, and honest ingenuity? Because, under such circumstances,

instead of the reception of an elevating, reforming, purifying

principle of life, a religion of weak, mystic frames of feeling, and

sentimental professions, is more likely to be encouraged, and is hardly

distinguishable or avoidable to be confused with vital piety? Or is it

because nearly _all the other influences_ about the imprisoned criminal

are enervating, or opposed to reform and virtue? Horrible thought!

But let us consider how he is situated; what are the influences, what

the natural motives, that are likely to be operating upon him in the

circumstances in which we place him.

The criminal is sentenced, we will suppose, for ten years, and finds

himself locked into a narrow cell, where it is only at occasional and

comparatively distant intervals that he can be communicated with, even

by his _keeper_, chaplain, or physician, the only human beings who

have access to him. It may be for a certain time each day he is set

to labour; _hard labour_ being given him, not as a privilege, not as

a relief, not as a means of bettering his condition, or in any way

as to be loved and valued; but as an addition to the _punishment_ of

solitary confinement. It may be practically a relief; but when we admit

it to be so, under the circumstances in which it is engaged in, we

must have some notion of the dreary loneliness and tedious prospect

which he has in his cell, though in it comforts, which in the ordinary

government of Providence he would have been taught to look upon as

the natural rewards of activity, prudence, and labour, are crowded

around him. He is left to his own thoughts; his recollections are

vicious; are his anticipations likely to be virtuous? With ten years

to be spent under these circumstances, what will his mind be most

likely to be directed to? Will it not be to means of beguiling his time

in sleep or self-forgetfulness, or to evade his compulsory labour?

Could any way be better contrived to fix a man in a disposition to

idleness and vagrancy? His life stagnates, his impulses putrify, his

only activity is directed in the search for opportunities of personal

gratification—which are obtained, we are told, even in ways most

horrible—and for this purpose his powers of _deception_ are sharpened,

or, when unable to offend in act, he seeks in fancy a gratification by

gloating over impure images.

[Sidenote: _WHAT SHALL WE WAR AGAINST?_]

And is this lame, inconsistent, miserable plan, all its details so

working at cross purposes, _the end_ of all the philanthropic labours,

private and associated, that have been given to the subject during the

last fifty years? The _result_, good friends, not the _end_. Then, in

God’s name, WHAT NEXT?

An answer from Captain Machonochie will be found in the Appendix

C, and I beg for it, with all earnestness, the thoughtful perusal

of my countrymen. It is based on plain, distinct, uncontradictory

principles, which are applicable to the punishment of all criminals,

and to the construction of all criminal laws. It is the plan of no

closet philosopher, but of a cool-headed, warm-hearted sailor, who was

chosen by his government, for his manifest natural qualifications for

undertaking the superintendence of criminals, to take charge of one of

its most responsible penal establishments. It is a plan that has been

well considered, and is ably defended to the minutest details, as the

reader, who is willing to study it further, will find, on referring to

the pamphlets I have mentioned in the note on a previous page.[12]

[12] For a refutation of objections, see, particularly, the Report

of the Committee on Criminal Law of the “_Society for Promoting the

Amendment of the Law_.”

It seems to me like a great invention, so simple, so natural, so

in every way commending itself immediately to my mind, that I am

amazed that the world is but just arriving at it, and I thank God

that I have to live and do my work in the day it brightens. For it

seems to me more than an invention—an inspiration. At least I find

in it the principles of Jesus Christ, now at length consistently and

satisfactorily applied to the treatment of criminals. The most prudent

regard for the interests of society at large will oblige us no longer

to set our teeth, and clench our hands, and steel our hearts to pity,

in the jury-box, but will combine with the truest kindness, hope, and

prayer in faith, for the individual good of the criminal. Under our

present criminal laws, and with our present systems of punishment, the

first task of the prosecuting attorney is, too often, to turn us from

the estate of warm-hearted Christian love, into cold, calculating,

vengeful savages. But now, that which has heretofore been the most

trying, confounding, and insnaring responsibility upon the Christian

citizen, may become a reasonable, happy, improving duty and privilege.

Punishment shall be awarded with loving-kindness. Punishment shall be

the handmaid of Love.

And now, is it more than a question of how long we halt in this

wretched, self-destructive darkness? Is there not light enough for the

next step? Speak out, good heart of the People! _Shall we henceforth do

battle with Criminals or with Crime?_

Walks and talks of an American farmer in England (Part 2 of 2) · 第 8 / 23 章