CHAPTER XIII.

THE ACT OF 1864--CLASSIFICATION OF PRISONERS--THE MARK SYSTEM: ITS

DEFECTS--THE TRUE CRIMINAL LAW OF RESTITUTION--THE ONLY METHOD BY

WHICH CONFIRMED CRIMINALS MAY BE RECLAIMED--WORKHOUSES.

The year 1864 was a marked epoch in convict life. A new Act was then

passed and fresh prison regulations were brought into force. This Act

contained one good clause, viz., the abolition of three and four years'

sentences. In one year as many as 1800 men were sentenced to three and

four years' penal servitude, being a large proportion of the total

number. Such men are now for the most part sentenced to eighteen months

and two years' imprisonment, which will account for a decrease in the

number of convicts and an increase in the number of county prisoners.

This is a short step in the right direction. The convict directors take

credit to themselves for this reduction in the number of convicts, and

boast that they have at last found the true panacea for criminal

diseases. A report to that effect, cut out of a newspaper, was

circulated amongst the prisoners, and their indignation was great at

the way in which the public were "gulled" about themselves and prison

treatment. No doubt a few more thieves and burglars are driven to

pursue their callings in France and America by the operation of the new

police regulations, and I freely admit that a few more may annually be

sent into another world by the same means, but no one can yet point to

a reformed professional "Cracksman," "Coiner," "Hoister," or

"Screwsman," as proof of the beneficial results of the change. The most

unpopular clause in the Act was that relating to police surveillance.

The majority of the prisoners were very much annoyed at this

regulation, some of them, indeed, would much rather have remained in

prison than encounter it. For my own part, I approve of the principle

of surveillance. I see in it the germ of a system whereby a large class

of criminals may ultimately be punished entirely outside the prison

walls. I object, however, to the police being entrusted with the duty.

Their proper business is to catch the thief and preserve order. The

surveillance of liberated prisoners ought to be entrusted to those who

are directly interested in empty jails, and who would endeavour to

assist the liberated men either in getting employment or to emigrate.

With reference to the _classification_ of prisoners which commenced

under the Act of 1864, I have no hesitation in saying that it is a

gross fraud upon the public, a delusion and a snare. The error which I

pointed out in a former chapter, as being committed in the selection of

convicts for transportation, is here repeated and in a more aggravated

form, if that were possible. By the new Act the prisoners were divided

into four great classes. Into the fourth, or "probation class," all

prisoners were required to enter on being admitted into prison. After a

certain time, if the prisoner was so fortunate as to escape being

"reported" for any offence against the prison rules, he would be placed

in the third class, and again, after being a certain time in the third

class he was passed, subject to the same condition, into the second,

and so on. Should he have made any mistake and allowed himself to get

"reported," he either missed his chance of getting into the higher, or

was degraded into a lower class. The object of this classification no

doubt was to get all the well-behaved men together, but the blunder

committed was in making obedience to the prison rules the only test of

qualification for the higher classes. This, as I have already

explained, was really worse than no test at all, because the frequently

convicted criminal, who was thoroughly posted up in all points of

prison discipline and regulations, was more likely than the novice to

escape being "reported" for violation of them. The consequence is, that

in respect of character, disposition and moral quality, there is really

no difference to be found amongst the men in any of the classes. The

scheme operates in this way--suppose that a clergyman by some mischance

gets sentenced to penal servitude, and enters the prison in company

with one of the very worst villains that could be selected out of our

criminal population; both these men, the one with a first sentence, the

other with a long string of convictions against him, enter the

"probation class" at Millbank, on precisely the same terms. The "jail

bird," knowing all about the ways of the prison, would probably pass

with ease into the third class. The clergyman, being new to the

discipline, might make a mistake and get "reported," and in that way

would not be so likely to reach the third class so soon as the other;

but granting that he did so they would still be together, the man

inured to guilt and crime would still be beside the new and casual

lodger, the man who had never been in prison before would still have

the opportunity of learning the evil ways of the confirmed rogue.

Again, should the clergyman be fortunate enough in passing into the

higher classes at the usual time, the jail bird would certainly not be

behind.

If a thousand prisoners, from all parts of the country, of all ages,

habits, and antecedents, were brought to one of our convict

establishments, they would go through their time in the same way, good,

bad, and indifferent, all together. The clergyman, even if he were to

get into prison innocently, and were the best Christian in the world,

would never get rid of the jail-bird; and in the highest class his

companions would be no better than those in the lowest.

I grant that our directors could not classify convicts according to

their real merits, any more than a quack doctor could classify patients

suffering from disease; but although they cannot have the knowledge

necessary to do it properly, they might do a little in the right

direction. The quack, even, would know cholic from consumption,

diarrhæa from dropsy; so any man of sense would be able to distinguish

between a case of chronic moral disease and a case of partial or

temporary paralysis of the moral faculty!

The system of "marks," as it is called in prison, is the most prominent

feature in the new regulations, and is based upon the same absurd

principle as the classification clause. The rule relating to marks

specifies "That the time which every convict under sentence of penal

servitude must henceforth pass in prison will be regulated by a certain

number of marks, which he must earn by actual labour performed before

he can be discharged."

The method adopted is to debit the prisoner with a certain number of

marks, according to the length of his sentence, and if he performs the

whole of the work required of him he is credited with as many marks as

would represent a fourth part of his sentence.

If this law were carried out in its integrity it would be most cruel

and unjust. Fortunately for the prisoners it is not very strictly

adhered to--at least not at the prison where I was confined--the

officers making allowance for the prisoners' infirmities. To show how

it would operate, let us take the case of the clergyman and the

jail-bird once more. Assuming that the former was a stout and healthy

man, and able to work, but not having been accustomed to it, really not

able to do much of it, and that the latter had been at the work for

years--which would win in the race for liberty, if the law was strictly

enforced? The probability is that the clergyman would not earn a single

day's remission, whilst the jail-bird would get one-fourth of his time

remitted; and assuming that both had the same sentence originally,

would go a considerable way into a "fresh bit" before the poor

clergyman had finished his first sentence.

The "mark" system admits of great cruelty being practised, but on the

whole, as it is carried out, it is a more innocent piece of deception

than the classification. At the public works, however, there is much

injustice done by it, no allowance being made for a sick man, unless he

has met with some accident. If the "marks" were money, _bonâ fide_

sovereigns, and if the prisoner were permitted to exercise the

abilities God has given him in order to earn that money, there might be

some sense and justice discernable in the system. As it is there is

neither.

I may here venture to say that we might materially diminish crime and

expense connected with the prosecution and punishment of criminals by

doing away with our convict establishments altogether, except for the

confinement of political prisoners, and those having sentences for

life. In lieu of these I would suggest the introduction of the system

of remissions into our county jails, granting first offenders a

liberal, and third and fourth, an extremely small allowance. Teaching

the prisoners such trades as they are fitted for, qualifying them for

colonists, and selecting the most suitable for emigration. I would also

place the jails and workhouses under one management. Commissioners for

the prevention of crime and pauperism in each county, and subject them

to a rigid government inspection by a board responsible to Parliament

and the nation.

But even this would only be a partial reform. I would have our criminal

laws based upon the old Mosaic principle of "enforced restitution," and

carried out on the Christian principle of making the offender "pay the

uttermost farthing." Then we could fairly and justly retain the idle

and the useless in the net of justice, and allow the willing and

industrious to achieve their own freedom by satisfying the claims of

the law.

Now, when time has been strangled, and virtue repressed, we allow the

worst villains to escape, and all that has been required of them in

prison was civility to officers, obedience to a stupid discipline, and

a few years' work which neither enables them to support an honest

livelihood outside the prison, or contributes in any appreciable degree

to their maintenance inside.

Under the system I propose, every man who stole a sheep would have to

pay the same penalty before he could exercise the rights of

citizenship--no matter whether his character was good, bad, or

indifferent; no matter whether he was rich or poor, a peer or a

peasant, the voice of impartial justice would say, "You have incurred

the same debt to the State, and the same penalty must be paid."

At present every man who steals a sheep has to pay a different penalty.

This man is sentenced to six months, that other to twelve months, and

then another to fifteen years of penal servitude, according to the

discretion of the judge; and instead of being made to pay the price of

the sheep and the costs of his prosecution, he becomes a grievous

burden to the honest tax-payer, who has to supply him with chaplains,

schoolmasters, surgeons, cooks, bakers, tailors, and a whole host of

servants in livery to minister to his wants, and so unfit him for the

practice of economy, frugality, and other kindred virtues when his

fetters are cut. Under a law based on the principle of restitution, the

man of good character and industrious habits might be able to find

sureties to enable him to discharge his debt to the State under the

surveillance of the authorities, without being surrounded by prison

walls. The man of middling character might only have a limited amount

of liberty, such as the responsible authorities might grant him. Whilst

the man of bad character would have to discharge his debt inside prison

walls, where he might still continue a villain in habits and heart, and

increase his debt by fresh acts of dishonesty; but this would be his

own fault, and the safety-valve of the machinery.

But to return to the Act 1864. If the labour performed under the "mark"

system was either remunerative, or such as a convict might obtain an

honest living at when liberated, the system could not be condemned as

utterly bad. But if we except the tailoring and the shoemaking done for

the use of the establishment, there are really no other employments

suitable for the general class of men who find their way into prison.

The professional thief--and I am now speaking of the _reformation_

as well as the punishment of criminals--requires to be taught some

trade for which he has a natural aptitude before it is possible for him

to gain a livelihood, and he must be taught it well, for unless he is a

skilled workman he would not be worth the wages necessary to keep him

out of temptation. To go on punishing such men in the hope that we will

make them honest, is absurd; and to persevere in "reforming," them

without teaching them practically that which is indispensable to their

remaining honest, is equally ridiculous. We may train a boy to be a

labourer of almost any sort, and can impart moral and religious

instruction to an unformed mind with success, but if we attempt to do

either of them with a confirmed thief who has not been taught to work,

we must be disappointed in the result. The _first_ step to reformation,

is to interest him in some employment suitable to his abilities, and

any other step taken before this only hinders or prevents the work of

reformation. We have never yet taken this first step, consequently we

have never yet succeeded in reforming any of them. It is also essential

that such work should be also well paid, and that the money made at

such employment should be his passport to liberty. Under the present

system we only make him kill time at labour which disgusts him with all

kinds of regular industry. The county prison sentences are, moreover,

too short to enable the thief to earn such a passport to freedom, but

they are of just the requisite length and fitness for turning the

casual into the confirmed criminal. In fact, _time_ sentences are

not suitable for confirmed thieves. Their sentences ought to be so much

money to be earned in a penal workshop, where honesty and economy could

be practised as well as industry. There are two grave objections urged

against teaching thieves lucrative trades. Firstly,--it would tempt

others to commit crime; and secondly, it would interfere with free

labour. With regard to the first objection, I admit there would be some

force in it if the sentences were such as they are now, because time

runs on, whether the prisoner is industrious or not. But if the

sentence imposed a fine in addition to all the expenses incurred by the

prisoner during his incarceration, there would then be no inducement to

the commission of crime. With reference to the second objection, I

would merely state that all labour done in prison of a useful character

interferes with free labour to some extent, but I contend that if each

prisoner was employed at that kind of work for which he is best

qualified, it would interfere less with the proper and necessary

division of free labour than the present plan of keeping a large number

of men employed at work for which they have no special aptitude.

The error we have made in employing prisoners hitherto is not merely

that we have employed them at trades or other employments not suitable

to their natural abilities, but that we have entered into competition

with those trades where too much competition already exists. We should

never have allowed smart young pickpockets to compete with poor

sempstresses, whose ranks are already overcrowded. There will always be

plenty of honest people descending in the social scale to do underpaid

work, and there are thousands of petty thieves who are not fit for any

other. So that there is a greater need for elevating the clever

professional thief to the position of a skilled artisan.

The city bred thief class are far from being dunces or "flats," and it

is not possible to make them common labourers. Many of them may very

fitly be compared to the idle and dissipated "swells" of the middle and

higher classes. If we took a "fast" young nobleman, for instance, and

put him to some office agreeable to himself, so that he conceived a

decided liking to harness, it would do him a deal more good in the way

of reforming him than a course of lectures on the seventh commandment!

And assuming that by so doing he enticed other "swells" to buckle on

official armour, it might interfere with the prospects of some who had

never been "fast," but on the whole, society would benefit by the

change. I maintain that that would be the correct method to adopt with

some of those thieves who are totally irreclaimable by our present

system of prison discipline. With regard to the casual and petty

thieves, their case is somewhat different. Many of them could not be

raised above the lowest class of common labourers, but by adopting a

system of individualization, that is studying each man's natural

abilities, we could always arrive at the best results. It might be

advanced as a third objection, that it would be impossible to make

thieves pay their expenses in prison, and a fine in addition. Under our

present system I admit it would be very difficult, but in the penal

workshops, into which I would turn all our prisoners, this objection

would not hold good. The prisoner would then be stimulated to labour at

paying work agreeable to his tastes and suitable to his abilities, and

the cost of his maintenance would be less than it is at present. Those

who really could not earn a living in the penal workhouses, and those

who would not earn their living, I would transfer to the prison for

criminal incurables. I would not have any first offenders against

property in prison, I would punish them as ticket-of-leave men. In the

penal workshops I would only have persistent thieves. In the convict

prisons only great offenders against the person and traitors. All the

persistent criminals of the petty class, I would consign to the

workhouses; but the character of our workhouses would require to be

altered. There are three distinct classes of paupers. (1) Those who

have become paupers through no fault of their own. (2) Those who have

become paupers through vice; and (3) The vagrant class. I would refuse

admission to the workhouse to the first class, just as I would refuse

admission to the prison in the penal workshops to first offenders

against property. I would treat them, on the family system of

out-of-door relief, as the deserving poor. The second class I would

admit into the workhouse, and the vagrant class as well, but on the

understanding that they did not get out again till they had paid their

bill. In short we ought to make our prisons and our workhouses paying

concerns, and with the former there need be no difficulty whatever;

above all we ought to keep the deserving poor from the other classes,

and the regular thieves from those who have only erred once. Every man

found guilty of crime who can prove that he has been working at an

honest calling up to the time he committed it, should be prevented from

mixing with confirmed criminals, or even from going into prison, unless

for some great crime against the person for which enforced restitution

would not be a sufficient atonement.

Six Years in the Prisons of England · 第 13 / 20 章