CHAPTER IV.

THE BEGINNINGS OF PRISON REFORM.

Prison reform generally taken up--Mr. Neild's visitation--Howard's

great work repeated--Neglect of prisons not the fault of the

legislature--Numerous gaol Acts passed, but not carried out by

local authorities--Prison Discipline Society formed in 1817--Its

distinguished members--Mr. Buxton a leading spirit--His views and

arguments for insisting on prison reform--Idea of classification

first given in gaol Act of 1784, but never carried out--The society

animadverts upon condition of various prisons--The Borough

compter--Guildford--Irons--Their weight--Overcrowding--Underground

dungeons--"The pit"--A few brilliant exceptions--Bury St.

Edmunds--Ilchester--Newgate compared badly with last-named, but

diet improved, and irons removed from untried--Complete reform

still indispensable for real improvement--Prisoners committed to

Newgate taken through the streets in gangs, chained--Opponents of

reform--Sydney Smith laughs at efforts of Prison Discipline

Society--It continues to work undeterred--Gives attention to

tread-wheels--Also to plans for prison construction--Faulty prison

architecture--Society rewarded by new legislation, and devotes

itself to seeing that new Acts are observed--Borough prisons the

worst--Acts did not apply to them--Great diversity of practice and

discipline prevail--Various hours of labour--Borough gaols continue

bad because municipalities beyond reach of the law--Description of

worst borough gaols--Newgate continues a bye-word--Its

shortcomings--Further legislation--Report of Lords' Committee in

1835--Reform of Municipal Corporations brings about reform in

borough prisons.

While Mrs. Fry was diligently engaged upon her self-imposed task in

Newgate, other earnest people, inspired doubtless by her noble example,

were stirred up to activity in the same great work. It began to be

understood that prison reform could only be compassed by continuous and

combined effort. The pleadings, however eloquent, of a single individual

were unable to more than partially remedy the widespread and colossal

evils of British prisons. Howard's energy and devotion were rewarded by

lively sympathy, but the desire to improve which followed his exposures

was but short-lived. It was so powerless against the persistent neglect

of those intrusted with prison management, that, five-and-twenty years

later, Mr. Neild, a second Howard, as indefatigable and

self-sacrificing, found by personal visitation that the condition of

gaols throughout the kingdom was, with a few bright exceptions, still

deplorable and disgraceful. Mr. Neild was compelled to admit in 1812

that "the great reformation produced by Howard was in several places

merely temporary: some prisons that had been ameliorated under the

persuasive influence of his kind advice were relapsing into their former

horrid state of privation, filthiness, severity, or neglect; many new

dungeons had aggravated the evils against which his sagacity could not

but remonstrate; the motives for a transient amendment were becoming

paralyzed, and the effect had ceased with the cause."

I have shown in a previous chapter what Newgate was at this period,

despite a vast expenditure and boasted efforts to introduce reforms.

Some of the county gaols, and one or two borough gaols, had been

rebuilt, generally through the personal activity of influential and

benevolent local magnates, but the true principles of prison

construction were as yet but imperfectly understood, and such portions

of the "improved" gaols of that period as were still extant a few years

back, contrast ludicrously with the prison architecture based upon a

century's experience of our own age.

The neglect of prison reform in those days was not to be visited upon

the legislature. The executive, although harassed by internal commotion

and foreign war, was not entirely callous to the crying need for

amelioration in gaols. Measures remedial, although at best partial and

incomplete, were introduced from time to time. Thus in 1813 the exaction

of gaol fees had been forbidden by law, and two other acts more

peremptory and precise followed on the same subject in succeeding years.

In 1814 a bill was brought in to insist upon the appointment of

chaplains in gaols, and when this had passed into law, it was

subsequently amplified, and the rates of salaries fixed. Various acts

were also passed to consolidate and amend previous gaol acts. The

erection of new prison buildings was made imperative under certain

conditions and following certain rules; the principle of classification

was freshly enunciated; prison regulations were framed for general

observance. But the effect of this legislation was rather weakened by

the remoteness of the pressure exercised. The onus of improvement lay

upon the magistracy, the local authorities administering local funds,

and they were not threatened with any particular penalties if they

evaded or ignored the new acts. Moreover, the laws applied more

particularly to county jurisdictions. The borough gaols, those in fact

under corporate management, were not included in the new measures; it

was hoped that their rulers would hire accommodation in the county

prisons, and that the inferior establishments would in course of time

disappear. Yet the borough gaols were destined to survive many years,

and to exhibit for a long time to come all the worst features of gaol

mismanagement.

It was in 1817 that a small band of philanthropists resolved to form

themselves into an association for the improvement of prison discipline.

They were hopeless of any general reform by the action of the executive

alone. They felt that private enterprise might with advantage step in,

and by the collection and diffusion of information, and the reiteration

of sound advice, greatly assist the good work. The association was

organized under the most promising auspices. A king's son, the Duke of

Gloucester, was the patron; among the vice-presidents were many great

peers of the realm, several bishops, and a number of members of the

House of Commons, including Mr. Manners Sutton, Mr. Sturges Bourne, Sir

James Mackintosh, Sir James Scarlett, and William Wilberforce. An active

committee was appointed, comprising many names already well known, some

of them destined to become famous in the annals of philanthropy. One of

the moving spirits was the Honourable H. G. Bennet, M.P., whose vigorous

protests against the lamentable condition of Newgate have already been

recorded. Mrs. Fry's brother, Mr. Samuel Hoare, Junior, was chairman of

the committee, on which also served many noted members of the Society of

Friends--Mr. Gurney, Mr. Fry, Messrs. Forster, and Mr. T. F. Buxton, the

coadjutor of Wilberforce in the great anti-slavery struggle. Mr. Buxton

had already been associated with Mrs. Fry in the Newgate visitation, and

his attention had thus been drawn to the neglected state of English

prisons. When in Belgium he had examined with great satisfaction the

admirable management of the great "Maison de Force" at Ghent,[60] which

Howard had eulogized some forty years before. Mr. Buxton communicated

what he had seen at Ghent to the Prison Discipline Society, and was

induced to make the account public. In order to give greater value to

the pamphlet, he personally visited several English gaols, and pointed

his observations by drawing forcible contrasts between the good and bad.

Mr. Buxton's small work on prison discipline[61] gave a new aspect to

the question he had so much at heart. For the first time the doctrine

was enunciated that prisoners had rights of their own. The untried, and

in the eyes of the law still innocent, could claim pure air, wholesome

and sufficient food, and opportunities for exercise. They had a right,

Mr. Buxton affirmed, to be employed in their own crafts, provided it

could be safely followed in prison. "You have no right," he says,

addressing the authorities, "to subject a prisoner to suffering from

cold, by want of bed-clothing by night or firing by day; and the reason

is plain: you have taken him from his home, and have deprived him of the

means of providing himself with the necessaries or comforts of life, and

therefore you are bound to furnish him with moderate indeed but suitable

accommodation." "You have for the same reason," he goes on, "no right to

ruin his habits by compelling him to be idle, his morals by compelling

him to mix with a promiscuous assemblage of hardened and convicted

criminals, or his health by forcing him at night into a damp,

unventilated cell, with such crowds of companions as very speedily

render the air foul and putrid; or to make him sleep in close contact

with the victims of contagious and loathsome disease, or amidst the

noxious effluvia of dirt and corruption. In short, attention to his

feelings, mental and bodily, a supply of every necessary, abstraction

from evil society, the conservation of his health and industrious

habits, are the clear, evident, undeniable rights of an unconvicted

prisoner." Nor even when found guilty and his liberty forfeited did his

privileges cease. The law appointed a suitable punishment for the

offence; it was for those charged with the administration of the law to

guard carefully against any aggravation of that punishment, to see that

"no circumstances of severity are found in his treatment which are not

found in his sentence." No judge ever condemned a man to be

half-perished with cold by day, or half-suffocated with heat by night.

"Who ever heard of a criminal being sentenced to catch the rheumatism or

the typhus fever?" "Disease, cold, famine, nakedness, and contagious and

polluted air are not lawful punishments in the hands of the civil

magistrates; nor has he a right to poison or starve his

fellow-creatures."[62] "The convicted delinquent has his rights," said

Mr. Buxton authoritatively. "All measures and practices in prison which

may injure him in any way are illegal, because they are not specified in

his sentence; he is therefore entitled to a wholesome atmosphere, decent

clothing and bedding, and a diet sufficient to support him."

These somewhat novel but undoubtedly indisputable propositions were

backed up, not by sound arguments only, but by the letter of the law. As

Mr. Buxton pointed out, many old acts of parliament designed to protect

the prisoner were still in full force. Some might be in abeyance, but

they had never been repealed, and some were quite freshly imported upon

the Statute Book. As far back as the reign of Charles II., a law was

passed[63] declaring that sufficient provision should be made for the

relief and setting on work of "poor and needy prisoners committed to the

common jail for felony and other misdemeanours, who many times perish

before their trial; and the poor there living idle and unemployed become

debauched, and come forth instructed in the practice of thievery and

lewdness." As a remedy, justices of the peace were empowered to provide

materials for the setting of poor prisoners to work, and to pay

overseers or instructors out of the county rates. Again, the 22 Charles

II. c 20 ordered the gaoler to keep felons and debtors "separate and

apart from one another, in distinct rooms, on pain of forfeiting his

office and treble damages to the party aggrieved." A much later act, the

14 Geo. III. c. 59 (1774), which was contemporaneous with Howard's first

journeys, laid down precise rules as regards cleanliness, and the proper

supply of space and air. This act set forth that "whereas the malignant

fever commonly called the jail distemper is found to be owing to want of

cleanliness and fresh air in the several jails, the fatal consequences

whereof might be prevented if the justices of the peace were duly

authorized to provide such accommodations in jails as may be necessary

to answer this salutary purpose, it is enacted that the justices shall

order the walls of every room to be scraped and white-washed once every

year." Ventilators, hand and others, were to be supplied. An infirmary,

consisting of two distinct rooms, one for males and one for females,

should be provided for the separate accommodation of the sick. Warm and

cold baths, or "commodious bathing tubs," were to be kept in every gaol,

and the prisoners directed to wash in them before release. These

provisions were almost a dead letter. Yet another act passed in 1791, if

properly observed, should have insured proper attention to them. By the

31 Geo. III. c. 46, s. 5, two or more justices were appointed visitors

of prisons, and directed to visit and inspect three times every quarter.

They were to report in writing to quarter sessions as to the state of

the gaol, and as to all abuses which they might observe therein.

The most important gaol act of that early period, however, was the 24

Geo. III. c. 54, s. 4 (1784), which was the first legislative attempt to

compel the classification of prisoners, or their separation into classes

according to their categories or crimes. It was made incumbent upon the

justices to provide distinct places of confinement for five classes of

prisoners, viz.--

1. Prisoners convicted of felony.

2. Prisoners committed on a charge or suspicion of felony.

3. Prisoners guilty of misdemeanours.

4. Prisoners charged with misdemeanours.

5. Debtors.

It was further ordered that male prisoners should be kept perfectly

distinct from the females. King's evidences were also to be lodged

apart. Infirmaries separating the sexes were also to be provided, a

chapel too, and warm and cold baths. "Care also was to be taken that the

prisoners shall not be kept in any apartment underground."

In an early report of the Prison Discipline Improvement Society,

published some six-and-thirty years after the promulgation of this act,

the flagrant and persistent violations of it and others, which had

continued through that long period, are forcibly pointed out. In 1818,

out of five hundred and eighteen prisons in the United Kingdom, to which

a total of upwards of one hundred thousand prisoners had been committed

in the year, only twenty-three prisons were divided according to law;

fifty-nine had no division whatever to separate males and females; one

hundred and thirty-six had only one division for the purpose;

sixty-eight had only two divisions, and so on. In four hundred and

forty-five prisons no work of any description had been introduced for

the employment of prisoners; in the balance some work was done, but with

the most meagre results. The want of room was still a crying evil. In

one hundred gaols, capable of accommodating only eight thousand five

hundred and forty-five persons, as many as thirteen thousand and

fifty-seven were crowded. Many of the gaols were in the most deplorable

condition: incommodious, as has been stated, insecure, unhealthy, and

unprovided with the printed or written regulations required by law. To

specify more particularly one or two of the worst, it may be mentioned

that in the Borough Compter the old evils of indiscriminate association

still continued unchecked. All prisoners passed their time in absolute

idleness, or killed it by gambling and loose conversation. The debtors

were crowded almost inconceivably. In a space twenty feet long by six

wide, twenty men slept on eight straw beds, with sixteen rugs amongst

them, and a piece of timber for a bolster. Mr. Buxton, who found this,

declared that it seemed physically impossible, but he was assured that

it was true, and that it was accomplished by "sleeping edgeways." One

poor wretch, who had slept next the wall, said he had been literally

unable to move for the pressure. "In the morning the stench and heat

were so oppressive that he and every one else on waking rushed unclothed

into the yard;" and the turnkey told Mr. Buxton that the "smell on first

opening the door was enough to knock down a horse." The hospital was

filled with infectious cases, and in one room, seven feet by nine, with

closed windows, where a lad lay ill with fever, three other prisoners,

at first perfectly healthy, were lodged. Of course they were seized with

the fever; so that the culprit, in addition to his sentence, had to

endure by "the regulations of the city a disease very dangerous in its

nature," and ran the risk of a lingering and painful death.[64]

At Guildford prison, which Mr. Buxton also visited in 1818, there was no

infirmary, no chapel, no work, no classification. The irons, which

nearly every one wore, were remarkably heavy; those double ironed could

not take off their small clothes.[65] No prison dress was allowed, and

half the inmates were without shirts or shoes or stockings. The diet was

limited to dry bread, which was of the best certainly, and a pound and a

half in weight. Matters were on much the same footing at St. Albans.

They were far worse at Bristol, although at Mr. Buxton's visit a new

gaol was in process of erection, the first step towards reform since

Howard's visitation in 1774. In 1818 the old gaol was so densely packed

that it was nearly impossible to pass through the yards for the throng.

One hundred and fifty were lodged in a prison just capable of holding

fifty-two. In the crowd, all of them persons who had "no other avocation

or mode of livelihood but thieving," Mr. Buxton counted eleven

children--children hardly old enough to be released from the nursery.

All charged with felony were in heavy irons, without distinction of age.

All were in ill health; almost all were in rags; almost all were filthy

in the extreme. The state of the prison, the desperation of the

prisoners, broadly hinted in their conversation and plainly expressed

in their conduct, the uproar of oaths, complaints, and obscenity, "the

indescribable stench," presented together a concentration of the utmost

misery and the utmost guilt. It was "a scene of infernal passions and

distresses," says Buxton, "which few have imagination sufficient to

picture, and of which fewer still would believe that the original is to

be found in this enlightened and happy country."

There was still worse to come. Having explored the yards and adjacent

day rooms, and sleeping cells, a door was unlocked, the visitors were

furnished with candles, and they descended eighteen long steps into a

vault. At the bottom was a circular space, through which ran a narrow

passage, and the sides of which were fitted with barrack bedsteads. The

floor was on the level of the river, and very damp. The smell at one

o'clock of the day "was something more than can be expressed by the term

disgusting." On the dirty bedstead lay a wretched being in the throes of

severe illness. The only ventilation of this pit, this "dark, cheerless,

damp, unwholesome cavern--a dungeon in its worst sense"--was by a kind

of chimney, which the prisoners kept hermetically sealed, and which had

never been opened in the memory of the turnkey. Untried persons were

often lodged in this nauseous underground den, and sometimes slept in

"the pit," loaded with heavy irons for a whole year, waiting the gaol

delivery. Confinement for twelve months in the Bristol gaol was counted

a punishment equivalent to seven years' transportation.

In this prison there was no female infirmary. Sick women and their

children remained in the ordinary wards, and propagated disease. No

prison dress was allowed; no reception-room was provided, no soap,

towels, or baths. The bedclothes consisted only of a single "very

slight" rug. The allowance of food daily to felons was a fourpenny loaf,

a price which in those days fluctuated enormously--as much as a hundred

per cent. in a couple of years; but as no similar variation occurred in

the prisoner's appetite, his ration was somewhat precarious. As for the

debtors, they had no allowance whatever, and were often in imminent

danger of starvation. With all this, the inmates were crowded together

at night to such a degree as to excite surprise that they should escape

suffocation. There reigned through the whole edifice a chilly, damp,

unwholesome atmosphere, and the effluvia from the prisoners was so

nauseous that the chaplain found it necessary to take his place before

they entered chapel, as he could not otherwise have faced the smell.

It is consoling to know that there were a few brilliant exceptions to

this cruel, callous neglect. Already, as early as 1818, a prison existed

at Bury St. Edmunds which was a model for imitation to others at that

time, and which even fulfilled many of the exacting requirements of

modern days. The great principles of classification, cleanliness, and

employment were closely observed. There were eighty-four separate

sleeping-cells, and unless the gaol was overcrowded, every inmate passed

the night alone, and in comparative comfort, with a bed and proper

bedding. The prison stood on a dry, airy situation outside the town.

Prisoners on reception were treated as they are now-a-days--bathed,

dressed in prison clothes, and inspected by the surgeon. No irons were

worn except as a punishment. Personal cleanliness was insisted upon, and

all parts of the prison were kept scrupulously clean. There was an

infirmary, properly found and duly looked after. No idleness was

permitted among the inmates. Trades were taught, or prisoners were

allowed to follow their own if suitable. There was, besides, a mill for

grinding corn, somewhat similar to a turn-spit, which prisoners turned

by walking in rows. This made exertion compulsory, and imposed hard

labour as a proper punishment. Another gaol, that of Ilchester, was also

worthy of all commendation. It exhibited all the good points of that at

Bury. At Ilchester the rule of employment had been carried further. A

system not adopted generally till nearly half a century later had

already prevailed at Ilchester. The new gaol had been in a great measure

constructed by the prisoners themselves. Masons, bricklayers,

carpenters, painters had been employed upon the buildings, and the work

was pronounced excellent by competent judges. Industrial labour had also

been introduced with satisfactory results. Blanket weaving and cloth

spinning was carried on prosperously, and all the material for

prisoners' apparel was manufactured in the gaol. There were work-rooms

for wool-washing, dyeing, carding, and spinning. The looms were

constantly busy. Tailors were always at work, and every article of

clothing and bedding was made up within the walls. There was a prison

laundry too, where all the prisoners' linen was regularly washed. The

moral welfare of the inmates was as closely looked after as the

physical. There was an attentive chaplain, a schoolmaster, and regular

religious and other instruction.

Compared with those highly meritorious institutions Newgate still showed

but badly. Its evils were inherent and irremediable, but some

ameliorating measures had been introduced, mainly through the exertions

of a new governor, Mr. Brown, who succeeded Mr. Newman at Newgate in

1817.[66] The most noticeable of the improvements introduced was a

better regulation of dietaries within the prison. The old haphazard

system, by which meat was issued in bulk, a week's allowance at a time,

was abolished, and there was a regular scale of daily rations adopted.

The diet was now ample. It consisted of a pound and a half of bread per

diem; for breakfast a pint of gruel; for dinner half a pound of boiled

meat, or a quart of soup with vegetables, on alternate days. The food

was properly prepared in the prison kitchen. Meat was no longer issued

raw, to be imperfectly cooked before a ward fire and bolted

gluttonously, the whole two pounds at one sitting. Mr. Brown confidently

asserted that no gaol in England now fed its inmates so well as did

Newgate. So plentiful was this dietary, that although the old permission

remained in force of allowing the friends of prisoners to bring them

supplies from outside, the practice was falling into abeyance, and the

prisoners seldom required private assistance to eke out their meals.[67]

It was also claimed for the more ample and more orderly distribution of

victuals, that the general health of the prisoners had greatly improved.

Mr. Brown also, much to his own credit, brought about the abandonment of

the practice of ironing all prisoners as a matter of course.

In 1818 prisoners awaiting trial in Newgate, were at length relieved

from this illegal infliction. Convicts were not even compelled to wear

irons, providing they behaved well. It was found that shackles might be

safely dispensed with, even in the case of the most desperate

characters. This was effected by stopping the nearly indiscriminate

admission of visitors, which had hitherto prevailed all over the gaol.

Ironing it will be remembered,[68] was a distinguishing badge, so that

when the gaol was cleared the free might be readily known from the

captive, and escapes prevented. Under the new rule visitors were not

allowed to pass into the interior of the prison, but were detained

between the grating. This change led to some discontent, until it was

found that the much greater boon of relief from irons accompanied it,

and the reform was quietly accepted. Indeed the best consequences

followed from the removal of irons. The prisoners were much better

disposed; there were no riots, and fewer disturbances.

But nothing short of radical reform and complete reconstruction could

touch the deep-seated evils of association, overcrowding, and idleness.

The first still produced deplorable results--results to be observable

for many years to come. Mr. Buxton mentions the case of a boy whose

apparent innocence and artlessness had attracted his attention. He had

been committed for an offence for which he was acquitted. He left

Newgate utterly corrupted, and after lapsing into crime, soon returned

with a very different character. Other cases of moral deterioration have

already been recorded. Some attempt was made to reduce the overcrowding,

on the recommendation of the House of Commons Committee of 1818, but

this applied only a partial remedy. The bulk of the prisoners were still

left in idleness. A few fortunate criminals, many of them kept back from

transportation on purpose, who were skilled in trades, were employed at

them. Painters, plasterers, and carpenters were allowed to follow their

handicrafts, with the reward of sixpence per diem and a double allowance

of food. They used their own tools, and this without any dangerous

consequences as regards facilitating the escape of others, thus

disposing of the objection so long raised against the industrial

employment of prisoners in Newgate. But this boon of toil was denied to

all but a very limited number. As the Prison Discipline Society

pertinently observed in a report dated 1820, "It is obvious that

reformation must be materially impeded, and in some cases utterly

defeated, when the prisoners are defectively classed, remain without

constant inspection or employment, and are consequently condemned to

habits of idleness and dissipation."

Newgate prisoners were the victims to another most objectionable

practice which obtained all over London. Persons committed to a

metropolitan gaol at that time were taken in gangs, men and women

handcuffed together, or linked on to a long chain, unless they could

afford to pay for a vehicle out of their own funds. Even then they were

not certain of the favour, for I find a reference to a decent and

respectable woman sent to Newgate, who handed a shilling to the escort

warder to provide her with a hackney coach; but this functionary

pocketed the cash, and obliged the woman to walk, chained to the rest.

As the miserable crew filed through the public streets, exposed to the

scornful gaze of every passenger, they were followed by a crowd of

reckless boys, who jeered at and insulted them. Many thus led in

procession were in a shocking condition of dirt and misery, frequently

nearly naked, and often bearing upon them the germs, more or less

developed, of contagious disease. "Caravans," the forerunners of the

prison vans, were first made use of about 1827. That the need for prison

reform was imperative may be gathered from the few out of many instances

I have adduced, yet there were those who, wedded to ancient ideas, were

intolerant of change; they would not admit the existence of any evils.

One smug alderman, a member of the House of Commons, sneered at the

ultra philanthropy of the champions of prison improvement. Speaking on a

debate on prison matters, he declared that "our prisoners have all that

prisoners ought to have, without gentlemen think they ought to be

indulged with Turkey carpets." The Society for the Improvement of Prison

Discipline was taxed with a desire to introduce a system tending to

divest punishment of its just and salutary terrors; an imputation which

the Society indignantly and very justly repudiated, the statement being,

as they said, "refuted by abundant evidence, and having no foundation

whatever in truth."

Among those whom the Society found arrayed against it was Sydney Smith,

who, in a caustic article contributed to the 'Edinburgh Review,'

protested against the pampering of criminals. While fully admitting the

good intentions of the Society, he condemned their ultra

humanitarianism as misplaced. He took exception to various of the

proposals of the Society. He thought they leant too much to a system of

indulgence and education in gaols. He objected to the instruction of

prisoners in reading and writing. "A poor man who is lucky enough," he

said, "to have his son committed for a felony educates him under such a

system for nothing, while the virtuous simpleton who is on the other

side of the wall is paying by the quarter for these attainments." He was

altogether against too liberal a diet; he disapproved of industrial

occupations in gaols, as not calculated to render prisons terrible.

"There should be no tea and sugar, no assemblage of female felons around

the washing-tub, nothing but beating hemp and pulling oakum and pounding

bricks--no work but what was tedious, unusual."... "In prisons, which

are really meant to keep the multitude in order, and to be a terror to

evil-doers, there must be no sharings of profits, no visiting of

friends, no education but religious education, no freedom of diet, no

weavers' looms or carpenters' benches. There must be a great deal of

solitude, coarse food, a dress of shame, hard, incessant, irksome,

eternal labour, a planned and regulated and unrelenting exclusion of

happiness and comfort."[69]

Undeterred by these sarcasms and misrepresentations, the Society pursued

its laudable undertaking with remarkable energy and great singleness of

purpose. The objects it had in view were set forth in one of its

earliest meetings. It sought to obtain and diffuse useful information,

to suggest beneficial regulations, and circulate tracts demonstrating

the advantages of classification, constant inspection, regular

employment, and humane treatment generally, with religious and moral

instruction. It earnestly advocated the appointment of female officers

to take exclusive charge of female prisoners, a much-needed and,

according to our ideas, indispensable reform, already initiated by the

Ladies' Committee at Newgate.[70] It made the subject of the

newly-invented tread-wheels, or stepping-wheels, as they were at first

called, its peculiar affair, and obtained full details, from places

where they had been adopted, of the nature of these new machines,[71]

the method by which they were worked, and the dietaries of the prisoners

employed upon them. Nor did it confine itself to mere verbal

recommendations. The good it tried to do took active shape in the

establishment of temporary refuges--at Hoxton for males, and in the

Hackney Road for females--for the reception of deserving cases

discharged from prison. The governor of Newgate and other metropolitan

prisons had orders of admission to this refuge, which he could bestow on

prisoners on release, and so save the better-disposed or the completely

destitute from lapsing at once into crime. The refuge, which had for

its object the training of its inmates in habits of industry, and in

moral and religious duty, and which after a time sought to provide them

with suitable situations, was supported entirely out of the funds of the

Society. At the time of its greatest prosperity, its annual income from

donations and subscriptions was about £1600.

Another point to which the Society devoted infinite pains was the

preparation of plans for the guidance of architects in the construction

of prisons. A very valuable volume published by the Society traced the

progress of prison architecture from the days when the gaol was the mere

annexe of the baronial or episcopal castle, or a dungeon above or below

the gate of a town, to the first attempts at systematic reconstruction

carried out under the advice and supervision of Howard.[72] It is

interesting to observe that the plan of "radiation," by which the prison

blocks radiated from a central hall, like spokes in a wheel, was

introduced as early as 1790 by Mr. Blackburn, an architect of eminence

who was very largely employed in the erection of prison buildings at the

close of the last century. With some important modifications this

principle of radiation is still the rule. The Society did not limit its

remarks to the description of what had already been done, but it offered

suggestions for future buildings, with numerous carefully-executed

drawings and designs of the model it recommended for imitation.

Experience has since shown that in some respects these plans are

defective, especially in the placing of the governor's residence in the

centre of the prison. It was thought that this would guarantee constant

supervision and inspection, but it did nothing of the kind, and only the

presence of warders on duty is found now-a-days to be really

efficacious. The main recommendations, however, are based upon common

sense, and none are more commendable than that which deprecates the

excessive ornamentation of the external parts of the edifice. "The new

gaols," as Howard says, "having pompous fronts, appear like palaces to

the lower class of people, and many persons are against them on this

account." The Prison Society reproves the misdirected efforts of

ambitious architects, who by a lavish and improvident expenditure of

public money sought to "rank the prisons they built among the most

splendid buildings of the city or town." Absence of embellishment is in

perfect unison with the character of the establishment. These are

principles fully recognized now-a-days, and it may fairly be conceded

that the Prison Discipline Society's ideal differed little from that

kept in view in the construction of the latest and best modern gaols.

After a few years of active exertion the Society was rewarded by fresh

legislation. To its efforts, and their effect upon Parliament and the

public mind, we must attribute the new Gaol Acts of 4 Geo. IV. cap. 64,

and 5 Geo. IV. cap. 85, which having gone through several sessions, at

last became law in 1823-4. By the preamble of the first-named act it was

declared "expedient to introduce such measures and arrangements as shall

not only provide for the safe custody, but shall also tend more

effectually to preserve the health and improve the morals of the

prisoners, and shall insure the proper measure of punishment to

convicted offenders." Accordingly due provision was made for the

enforcement of hard labour on all prisoners sentenced to it, and for the

employment of all others. As a rider to this enactment, it was laid down

that any prisoner who could work and would not had no claim to be

supported in gaol, "unless such ability (to work) should cease by reason

of sickness, infirmity, the want of sufficient work, or from any other

cause." It was distinctly laid down that male and female prisoners

should be confined in separate buildings or parts of the prison, "so as

to prevent them from seeing, conversing, or holding any intercourse with

each other." Classification was insisted upon, in the manner laid down

by the 24 Geo. III. cap. 54,[73] with such further separation as the

justices should deem conducive to good order and discipline. Female

prisoners were in all cases to be under the charge of female officers.

Every prison containing female prisoners was to have a matron who was to

reside constantly in the prison. The religious and moral welfare of the

prisoners were to be attended to, the first by daily services, the

latter by the appointment of schoolmasters and instruction in reading

and writing. Last, but not least, the use of irons was strictly

forbidden, "except in cases of urgent and absolute necessity," and every

prisoner was to be provided with a hammock or cot to himself, suitable

bedding, and, if possible, a separate cell. The second act, passed in

the following year, enlarged and amended the first, and at the same time

gave powers to the House to call for information as to the observance of

its provisions.

The promulgation of these two Gaol Acts strengthened the hands of the

Prison Discipline Society enormously. It had now a legal and

authoritative standard of efficiency to apply, and could expose all the

local authorities that still lagged behind, or neglected to comply with

the provisions of the new laws. The Society did not shrink from its

self-imposed duty, but continued year after year, with unflagging energy

and unflinching spirit, to watch closely and report at length upon the

condition of the prisons of the country. For this purpose it kept up an

extensive correspondence with all parts of the kingdom, and circulated

queries to be answered in detail, whence it deduced the practice and

condition of every prison that replied. Upon these and the private

visitations made by various members the Society obtained the facts,

often highly damnatory, which were embodied in its annual reports. The

progress of improvement was certainly extremely slow. It was long before

the many jurisdictions imitated the few. Gaols, of which the old prison

at Reading was a specimen, were still left intact. In that prison, with

its cells and yards arranged within the shell of an ancient abbey

chapel, the prisoners, without firing, bedding, or sufficient food,

spent their days "in surveying their grotesque prison, or contriving

some means of escape by climbing the fluted columns which supported the

Gothic arches of the aisles, and so passing by the roof down into the

garden and on to freedom." In a county prison adjoining the metropolis,

the separation between the male and female quarters was supposed to be

accomplished by the erection of an iron railing; in this same prison

capital convicts were chained to the floor until execution. In another

gaol not far off male and female felons still occupied the same

room--underground, and reached by a ladder of ten steps. In others the

separation between the sexes consisted in a hanging curtain, or an

imaginary boundary line, and nothing prevented parties from passing to

either side but an empty regulation which all so disposed could defy.

Numbers of the gaols were still unprovided with chaplains, and the

prisoners never heard Divine service. In many others there were no

infirmaries, no places set apart for the confinement of prisoners

afflicted with dangerous and infectious disorders. No attempt was made

to maintain discipline. Half the gaols had no code of rules properly

prepared and sanctioned by the judges, according to law.

By degrees, however, the changes necessary to bring the prisons into

conformity with the recent acts were attempted, if not actually

introduced into the county prisons, to which, with a few of the more

important city or borough prisons, these acts more especially

applied.[74] Most of the local authorities embarked into considerable

expenditure, determined to rebuild their gaols _de novo_ on the most

approved pattern, or to reappropriate, reconstruct, and patch up the

existing prisons till they were more in accordance with the growing

requirements of the times. Religious worship became more generally the

rule; chaplains were appointed, and chapels provided for them; surgeons

and hospitals also. Workshops were built at many prisons, various kinds

of manufactures and trades were set on foot, including weaving, matting,

shoe-making, and tailoring. The interior of one prison was illuminated

throughout with gas,--still a novelty, which had been generally adopted

in London only four years previously,--"a measure which must greatly

tend to discourage attempts to escape." There were tread-wheels at most

of the prisons, and regular employment thereon or at some other kind of

hard labour. In many places too where the prisoners earned money by

their work, they were granted a portion of it for their own use after

proper deduction for maintenance. Only a few glaring evils still

demanded a remedy. The provision of separate sleeping cells was still

quite inadequate. For instance, in twenty-two county gaols there were

1063 sleeping cells in all (in 1823), and the average daily number

committed that year amounted to 3985. The want of sleeping cells long

continued a crying need. Four years later the Prison Society reported

that in four prisons, which at one time of the year contained 1308

prisoners, there were only sixty-eight sleeping rooms or cells, making

an average of nineteen persons occupying each room. At the New Prison,

Clerkenwell, which had become the principal reception gaol of Middlesex,

and so took all the untried, the sleeping space per head was only

sixteen inches, and often as many as 293 men[75] had to be accommodated

on barrack beds occupying barely 390 feet lineal. The "scenes of tumult

and obscenity" in these night rooms are said to have been beyond

description; a prisoner in one nocturnal riot lost an eye. Yet to

Clerkenwell were now committed the juveniles, and all who were

inexperienced in crime.

Great want of uniformity in treatment in the various prisons was still

noticeable, and was indeed destined to continue for another half

century, in other words, until the introduction of the Prison Act of

1877.[76] At the time of which I am writing there was great diversity of

practice as regards the hours of labour. In some prisons the prisoners

worked seven hours a day, in others ten and ten and a half. The nature

of the employment varied greatly in severity, especially the tread-wheel

labour. In some county gaols, as I have already said, female prisoners

were placed upon the tread-wheel; in others women were very properly

exempted from it, and also from all severe labour. Earnings were very

differently appropriated. Here the prisoners were given the whole

amount, there a half or a third. Sometimes this money might be expended

in the purchase of extra articles of food.[77] The rations varied

considerably everywhere. It was still limited to bread in some places,

the allowance of which varied from one to three pounds; in others meat,

soup, gruel, beer were given. Here and there food was not issued in

kind, but a money allowance which the prisoner might expend himself.

Bedding and clothing was still denied, but only in a few gaols; in

others both were supplied in ample quantities, the cost varying per

prisoner from twenty shillings to five pounds. It was plain that

although the law had defined general principles of prison government,

too much discretion was still left to the magistracy to fill in the

details. The legislature only recommended, it did not peremptorily

insist. Too often the letter of the law was observed, but not its

spirit.

One great impediment to wide amelioration was that a vast number of

small gaols lay out of reach of the law. When the new acts were

introduced, numerous prisons under local jurisdiction were exempted from

the operation of the law. They were so radically bad that reform seemed

hopeless, and it was thought wiser not to bring them under provisions

which clearly could not be enforced. Mr. Peel, who as Home Secretary had

charge of the bill, which became the 4 Geo. IV. cap. 64, said that he

had abstained from legislating for these small jurisdictions "on mature

deliberation." "It is not," he said, "that I am insensible of the

lamentable and disgraceful situation in which many of them are, but I

indulge a hope that many of them will contract with the counties, that

many of them will build new gaols, and that when in a year or two we

come to examine their situation, we shall find but few which have not in

one or other of these ways removed the grievance of which such just

complaint is made. When that time arrives I shall not hesitate to ask

Parliament for powers to compel them to make the necessary alterations,

for it is not to be endured that these local jurisdictions should

remain in the deplorable situation in which many of them now are."

At this time there were in England one hundred and seventy boroughs,

cities, towns, and liberties which possessed the right of trying

criminals for various offences. Nearly every one of these jurisdictions

had its own prison, and there were one hundred and sixty such gaols in

all. Many of them consisted of one or two rooms at most. The total

number of prisoners they received during the year varied from two

persons to many hundreds. It was in these gaols, withdrawn from the

pressure of authority, that the new rules were invariably ignored. The

right and privilege of the borough to maintain its own place of

confinement was so "ancient and indisputable," that for long no idea of

interfering with them was entertained. All that was urged was that the

borough magistracy had no right to govern their gaols so as to corrupt

those committed, "to the injury of the peace and morals of the public."

As time passed, however, these magistrates made no effort at reform.

They neither built new gaols nor contracted with the counties, as had

been expected, for the transfer of their prisoners. As the Society put

it in 1827, "the friends to the improvement of prison discipline will

regret to learn that the gaols attached to corporate jurisdictions

continue to be the fruitful sources of vice and misery, debasing all who

are confined within their walls, and disseminating through their

respective communities the knowledge and practice of every species of

criminality." The Society proceeded to support this indictment by facts.

It is much the old story. The prisoners were lodged in rooms whence they

could converse with passengers in the streets, and freely obtain spirits

and other prohibited articles. All descriptions of offenders congregated

together in the felons' wards. The keeper and his officers resided at a

distance from the gaol, and left its inmates to their own devices. There

was no decency whatever in the internal arrangements; still no

separation of the sexes, no means of ablution or other necessary

services. One borough prison consisted of nothing more than a couple of

cells, about ten yards square, and absolutely nothing more. In another

borough, with a population of ten thousand, the prison was of the same

dimensions. One cell was a dungeon, and the other an "improper and

unhealthy abode for any human being," with a watercourse running through

it.

Most of these small gaols were still in existence and in much the same

state eight years later, as is shown by the report of the Commissioners

to inquire into the state of the municipal corporations in 1835. An

examination of this report shows how even the most insignificant

township had its gaol. Thus Dinas Mwddy, in Merionethshire, had,

"besides the pinfold and the stocks or crib, a little prison." Clun, in

Shropshire, had a lock-up under the town hall. At Eye, in Suffolk, the

gaol was part of the poor-house; so it was at Richmond, in Yorkshire,

where the master of the workhouse was also keeper of the gaol. At

Godmanchester there was no gaol, but a cage to secure prisoners till

they could be taken before a magistrate. Kidderminster had a prison, one

damp chill room, "the only aperture through which air could be admitted

being an iron grating level with the street, through the bars of which

quills or reeds were inserted, and drink conveyed to the prisoners." At

Walsall, in Staffordshire, the gaol consisted of six cells, frequently

so damp that the moisture trickled down the walls; there was not space

for air or exercise, and the prison allowance was still limited to bread

and water.

Newgate through all these years continued a bye-word with the Society.

Some reforms had certainly been introduced, such as the abolition of

irons, already referred to, and the establishment of male and female

infirmaries. The regular daily visitation of the chaplain was also

insisted upon. But it was pointed out in 1823 that defective

construction must always bar the way to any radical improvement in

Newgate. Without enlargement no material change in discipline or

interior economy could possibly be introduced. The chapel still

continued incommodious and insufficient; female prisoners were still

exposed to the full view of the males, the netting in front of the

gallery being perfectly useless as a screen. In 1824 Newgate had no

glass in its windows, except in the infirmary and one ward of the chapel

yard; and the panes were filled in with oiled paper, an insufficient

protection against the weather; and as the window-frames would not shut

tight, the prisoners complained much of the cold, especially at night.

There was a diminution in the numbers in custody, due to the adoption of

the practice of not committing at once to Newgate every offender for

trial at the Old Bailey, but nothing had been done to improve the prison

buildings. In 1827 the Society was compelled to report that "no material

change had taken place in Newgate since the passing of the prison

laws,[78] and that consequently the observance of their most important

provisions was habitually neglected." It was enacted that the court of

aldermen should make rules for the government of the prison, and that

these should be posted publicly within the walls. As yet no rules or

regulations had been printed or prepared. By another clause of the Gaol

Act, two justices were to be appointed to visit the prison at least

thrice in every quarter, and "oftener if occasion required." These

justices were to inspect every part of the prison, and examine into the

state and condition of prisoners. The city justices had not fulfilled

this obligation. Idleness was still the general rule for all prisoners

in Newgate, in defiance of the law. There was no instruction of adult

prisoners, in accordance with the law. The sleeping accommodation was

still altogether contrary to the latest ideas. The visits of friends was

once more unreservedly allowed, and these incomers freely brought in

extra provisions and beer. Last, and worst of all, the arrangements for

keeping the condemned prisoners between sentence and execution were

more than unsatisfactory. They were not confined apart from each other,

but were crowded thirty or forty together in the press yard, so that

"corrupt conversation obliterated from the mind of him who is doomed to

suffer every serious feeling and valuable impression."[79] I shall have

more to say on this subject, and upon the state of Newgate generally, in

the following chapter.

The Prison Society did not relax its efforts as time passed, but its

leading members had other and more pressing claims upon their energies.

Mr. Buxton had succeeded to the great work which William Wilberforce had

commenced, and led the repeated attacks upon slavery in British colonies

till the whole body of the slaves were manumitted in 1833. In the year

immediately preceding this, Parliament was too busy with the great

question of its own reform to spare much time for domestic legislation.

Nevertheless a committee of the House of Commons was appointed in 1831

to report upon the whole system of secondary punishments, which dealt

with gaols of all classes, as well as transportation. This committee

animadverted strongly upon the system in force at the metropolitan

gaols, and more especially upon the condition of Newgate, where

"prisoners before and after trial are under no efficient

superintendence," and where "there was no restraint, or attempt at

restraint." Mr. Samuel Hoare was examined by this committee, and stated

that in his opinion Newgate, as the common gaol of Middlesex, was wholly

inadequate to the proper confinement of its prisoners. From the moment

of a person's committal he was certain to be plunged deeper and deeper

in guilt. The prisoners were crowded together in the gaol, contrary to

the requirements of the 4 Geo. IV. Again in 1835 prisons and their

inmates became once more the care of the senate, and the subject was

taken up this time by the House of Lords. A committee was appointed,

under the presidency of the Duke of Richmond, "to inquire into and

report upon the several gaols and houses of correction in the counties,

cities, and corporate towns within England and Wales; upon the rules and

discipline therein established with regard to the treatment of

unconvicted as well as convicted persons." The committee was also to

report upon the manner in which sentences were carried out, and to

recommend any alterations necessary in the rules in order to insure

uniformity of discipline. It met on the 31st March, 1835, and continued

its sittings well into July, during which time a host of witnesses were

examined, and the committee presented three separate reports, embodying

recommendations which may be said to have formed the basis of modern

prison management.

It was laid down as a first and indispensable principle that uniformity

of discipline should prevail everywhere, a theory which did not become a

practical fact for forty more years. As a means of securing this

uniformity, it was suggested that the rules framed for prison government

should be subjected to the Secretary of State for approval, and not, as

heretofore, to the judges of assize; that, both to check abuses and

watch the progress of improvement, inspectors of prisons should be

appointed, who should visit all the prisons from time to time and report

to the Secretary of State. It was recommended that the dietaries should

be submitted and approved like the rules; that convicted prisoners

should not receive any food but the gaol allowance; that food and fuel

should be issued in kind, and never provided by the prisoners themselves

out of monies granted them. The use of tobacco, hitherto pretty

generally indulged in both by men and women, should be strictly

prohibited, "as a stimulating luxury inconsistent with any notion of

strict discipline and the due pressure of just punishment." Prison

officers should not have any share in prisoners' earnings, which should

be paid into general prison funds, and no part of them handed over to

the prisoners themselves. As a means of increasing the severity of

imprisonment, letters and visits from outside should not be permitted

during the first six months of an imprisonment. Various other

recommendations were made as regards the appointment of chaplain and

schoolmasters; the limitation of the powers of wardsmen, or prisoners

employed in positions of trust, who should not be permitted to traffic

with their fellow-prisoners in any way. The committee most of all

insisted upon the entire individual separation of prisoners, except

during the hours of labour, religious worship, and instruction, as

"absolutely necessary for preventing contamination, and for securing a

proper system of prison discipline." This was the first enunciation of

the system of separate confinement, which was eventually to replace the

attempted arrangement of prisoners by classes according to antecedents

and crimes, an incomplete and fallacious method of preventing

contamination. The Lords' Committee fully recognized the painful fact

that the greatest mischief followed from the intercourse which was still

permitted in so many prisons; to use its words, "the comparatively

innocent are seduced, the unwary are entrapped, and the tendency to

crime in offenders not entirely hardened is confirmed by the language,

the suggestions, and the example of more depraved and systematic

criminals."

This committee, as well as the one preceding it, also reported in terms

of strong reprobation on the small prisons and gaols still under the

borough corporations. The Commons' Committee gave it as their opinion

that they were in a deplorable state. The same language was used by the

commissioners appointed to inquire into the municipal corporations in

1835, when speaking more particularly of the borough gaols. In these the

commissioners found "additional proof of the evils of continuing the

present constitution of the local tribunals. Instances rarely occur in

which the borough gaols admit of any proper classification of the

prisoners. In some large towns, as at Berwick on Tweed, Southampton, and

Southwark, they (the prisons) are in a very discreditable condition. In

many of the smaller boroughs they are totally unfit for the confinement

of human beings. In these places the prisoners are often without a

proper supply of air and light; frequently the gaols are mere dungeons

under the town hall.... It was frequently stated in evidence that the

gaol of the borough was in so unfit a state for the reception of

prisoners, that plaintiffs were unwilling to consign the defendants

against whom they had obtained execution to confinement within its

walls." The Lords' Committee on Gaols were of the same opinion, and

considered the prisons under corporate or peculiar jurisdiction in a

very unsatisfactory condition. They therefore recommended that the

prisoners should be removed to the county gaols from such prisons as

were past improvement, and that the borough funds should be charged for

the accommodation. The whole question was again dealt with in Lord John

Russell's bill for the reform of the municipal corporations, and with a

more liberal election of town councillors, and the establishment of

municipal institutions upon a proper footing, the borough gaols were

brought more into accordance with the growing demand for a more humane

system of prison management.

The Chronicles of Newgate, vol. 2/2 · 第 4 / 12 章