She then consulted a distinguished lawyer on the case, who addressed a

note to the alderman, requesting him to dismiss it. He would not comply

with the request, but persisted in exacting freehold bail.

The alderman’s constable then proposed getting his brother-in-law for

her bail, on condition that she would pay him $5 for the service.

Becoming frightened, as she had three small children, with no one but

herself to care for them, her husband and son being in the army, she

assented to his terms and paid him the money--which (be it noted) was

in addition to the $3.80 previously paid to the alderman and constable.

She was then allowed to depart for a few days, at the end of which the

constable visited her, early one morning, and told her the bail was

about to give her up unless she would pay some more money. She gave him

all she had, a half-dollar, which she at the time actually needed to

get food for her children. He took it, but said it was not enough, and

he must, therefore, have her husband’s coat, which was hanging within

view. She gave him this, and he then further insisted on having some

breakfast, which she also gave him.

He left, but not long after returned, and declared she must go to

prison, as her bail would incur no further risk unless he received more

money. She replied that she had no more money to give; but, instead

of this, she gave him her husband’s pantaloons and drawers, which he

took, and thereupon insisted on having her husband’s razor and shaving

apparatus, which she gave him. He concluded his call by demanding his

dinner, which she also gave him, and he went away.

A few days subsequently, his brother-in-law (the bail) called, and told

her he was going to surrender her to be sent to prison, unless she

either gave him more money, or complied with certain infamous proposals

of his. The latter she promptly refused, with the remark that she

would not dishonor her husband and son, who were then enrolled for the

defence of their country.

He then left, and went to the alderman and had her sent to prison,

cruelly separating her from her sucking infant, who was left at home

with her other two young children, and no one else.

The Agent, on learning these atrocious facts, at once saw that the

prisoner was released on bail, and permitted to return home to her

family.

6. Another case was that of a woman, the mother of a large family of

little children, who was committed by one of our aldermen on the vague

charge of misdemeanor. Her husband is a soldier in the United States

Army. It seems that her landlord wished to remove her from the house

she tenanted in a summary manner, and he appears to have formed a

conspiracy with the prosecutor for this object. She refused to leave

till she got a remittance from her husband. A quarrel ensued, and the

prosecutor struck and beat her most shamefully. A proof of this was

that her person, when she entered the prison, was black and blue with

bruises. After the prosecutor had done this, he went to the alderman

and sued her on the charge above named. This he did to secure himself

from being prosecuted by her for assault and battery.

Let the community arise! Let our City Councils and our State

Legislature act, and perfect such legislation as will remedy this

crying evil, and rid our beautiful city, so distinguished for progress

in arts, science, and benevolent institutions, of this polluted sore.

C. C. L.

For the Prison Journal.

IMPRISONMENT.

So far as we are acquainted with the actual condition of the various

countries of the civilized world, we are compelled to the painful

and humiliating conviction, that there are individuals amongst their

inhabitants who are prone to, and actually will interfere with, and

depredate upon the rights of others, unless they are subjected to moral

or physical restraint. This fact has made it necessary that measures

should be adopted to protect the general mass of society against the

wrong-doing of these evil-disposed persons. It must be evident to all,

that in originating and maturing these measures, or in framing and

perfecting laws for this purpose, an intimate acquaintance with human

nature, and a high order of wisdom, are essential pre-requisites to

fit those upon whom the duty should devolve, to enter upon the highly

important work. The instinct of self-protection would naturally, and

even properly suggest, that the first object should be to secure the

community against a repetition of the wrong-doing, by placing the

individual who has committed a serious offence under such physical

restraint as to make it impossible for him for a time to continue his

evil course. This object may be secured by a close confinement of the

culprit in a prison or penitentiary. But if we rest satisfied with

having accomplished this, we are taking a very narrow view of a very

broad subject. This same instinct, if its promptings are intelligently

pursued, will convince us that the punitive character of this restraint

or imprisonment should be such as to operate upon the fears of the

evil-disposed who are at large, and thus deter them from yielding to

temptations which may prompt them to commit offences against society

or individuals. And, also, as this imprisonment cannot be permanent,

the individual incarcerated should, through this source, as well as

others, be made to feel that “the way of the transgressor is hard;”

and from this experience (in the absence of any higher motive) be

induced to so conduct himself, after his liberation, as not to render

himself liable to be subjected to a repetition of these “pains and

penalties.” At the same time, however, that the imprisonment and

discipline provided, should embrace such elements as would subject the

convict to a full sense of punishment, they should be carefully guarded

from partaking of the character of vindictiveness or revenge. If this

care is not exercised, the higher and more enlarged action of Christian

philanthropy and duty, which should immediately follow that referred

to as being prompted by the instinct of self-protection, which is, the

temporal and eternal good of the offender, by his reformation, will be

entirely defeated.

We are aware that in some countries, in framing their penal laws and

discipline, the only object appears to be to prevent the continued

perpetration of offences by the imprisonment of those convicted as

offenders, and by the severity of their punishment to deter them from

a repetition of their crimes after their discharge; the example of

which punishment, it is desired, shall also operate to restrain others

from entering upon and pursuing an equally criminal course. This

object is effected, at the smallest possible cost to the community, by

constructing their prison buildings, almost exclusively, with reference

to the safe-keeping of the prisoners, making no arrangements for their

separation, but congregating them together in large masses, with very

little, if any, regard to difference in age or degrees of criminality.

The consequence is, that instead of the prisoners being reformed or

made better, by the discipline to which they are subjected, they are

almost inevitably made worse; and many times, those who were committed

on a charge of pocket-picking or some other minor offence, are fitted

for burglars or the commission of the highest class of crimes on their

discharge.

A valuable member of our Prison Society who has recently spent several

years abroad, during which time he became very familiar with the penal

system and the arrangement and manner of conducting the prisons of

one of the countries of Continental Europe, having frequently visited

and personally inspected the prisons, speaks of it as being generally

admitted amongst the people there, that reformation was no part of

their plan, and was never expected to result from the imprisonment of

criminals. We are happy, however, in the belief, that this system is

now viewed by nearly all countries as being a relic of the barbarism of

the dark ages, which, besides partaking of the character of cruelty,

evidences great short-sightedness and want of wisdom, if we consider

how its results affect the best interests of the community. Instead of

being a school of reform, through whose influence the number of those

from whom outrages might be apprehended would be lessened, if it does

not actually increase them, it at least makes life-long criminals of

the most hardened character, of a large proportion of those subjected

to its discipline, who, at the time of their first commitment, were by

no means steeped in wickedness; many of them when quite young, having,

in an unguarded moment, yielded to strong temptation to commit some

minor offence, of which having been convicted, they have been thrust

amongst the most abandoned outcasts of society, and soon lost to all

hope of restoration, when by a really humane and Christian course of

treatment they might have been led back from the by-paths into which

they had, without due consideration, stepped, and have been brought

to experience the happiness of a virtuous life, and to be a blessing

instead of a curse to society.

We believe that all reflecting men must be convinced that

the _reformation_ of criminals, besides being a question of

_expediency_, in which the community has a deep stake on the score of

self-protection, is one, the promotion of which, so far as is in our

power, is of the highest Christian obligation, in reference to both

the temporal and eternal good of those who, having by their criminal

conduct, forfeited the liberty enjoyed by the common mass of their

fellow men, have, for the security of society, been committed to

prison. In most Christian countries _reformation_, on the ground of

_expediency_ at least, and we trust, under some sense of Christian

duty, is now acknowledged to be properly _one_ of the elements of their

penal systems; and, consequently, some provisions, either theoretical

or practical, are adopted for the promotion of this object. It is much

to be regretted, however, that most of the existing prison systems are

such as greatly to interfere with, and many of them almost wholly to

defeat the accomplishment of this vitally important purpose. This state

of things exists to a great extent, not only in Europe, but throughout

most of the Commonwealths of the United States.

The systems are generally “_congregate_,” either with little, if any,

restraint from free social intercourse between the inmates, whatever

may be their different degrees of depravity, or with the imposition

of silence while together, and separation at night and at their

meals only. The former of these, in our judgment, wholly excludes

reformatory influences, unless it be through the immediate operation

of Divine grace and mercy, which, we freely admit, can overrule

obstacles however great; but this fact will not excuse us from doing

our best to facilitate this operation. At the same time, also, that

it excludes reformation, its attendant circumstances rapidly school

the young offender in the ways of depravity and crime, and harden the

more practiced in wickedness, and prepare them for the commission of

still darker deeds than any they had previously been guilty of. Whilst

the latter system, where _silence_ is imposed, though certainly a step

in advance of the former, as it cannot so extensively _propagate_

criminality, yet from the fact that the prisoners cannot be approached

separately, and that this system of silence and non-intercourse

amongst them, under the strong temptation to the indulgence of their

social propensities when placed in the presence of each other, is only

maintained by harsh and severe discipline; reformatory agencies can

hardly be brought to bear upon them, and efforts in this direction,

very rarely, indeed, produce the desired effect.

It seems to us that what is generally known as the “Pennsylvania

System,” which is that of entire cellular separation of the prisoners,

by which they are precluded from either seeing each other, or holding

any kind of intercourse by word or sign, is far in advance of any other

system of imprisonment yet introduced. We do not propose at this time

to go into a general explanation of its peculiar features, but may

merely advert to a few prominent points in support of this position.

First, as regards the effectual restraint of those found guilty of

crime from continuing their outrages upon the community; its security

against escape, is fully equal to, if not greater, than that under any

other existing prison system, and its punitive character, though really

humane and mild, is looked upon with much dread by the evil-disposed,

on account of their being subjected to separation from their fellow

convicts, and therefore it is potent in deterring from a criminal

course.

These primary objects of imprisonment being thus effectually secured,

we are next to consider what are its effects, evil or good, upon the

moral condition of those subjected to its discipline. And here the

results of our inquiries are pre-eminently satisfactory. From the

thorough isolation maintained, we think it must be evident, that no

prison under it can ever become a moral pest-house, where the depravity

and wickedness of one prisoner may be communicated to another, or, as

it were, prove contagious, and thus spread moral corruption around him.

As neither the words, countenance, nor gestures of one can be heard or

seen by another, it is clear, that those committed are not subjected to

such influences whilst in confinement, as will make them morally worse

on leaving, than when they entered.

Having thus demonstrated, as we trust, that our system, without doing

a moral wrong to the offender, thoroughly effects the purpose for

which society claims the _right_ to imprison--that of self-protection,

by placing him under secure restraint--we have next to consider what

is its adaptation to the higher and less selfish purpose, which

immediately follows as a Christian obligation, that of promoting

his reformation. In the first place, then, as there is nothing in

the working of the system which calls for harshness of treatment; it

is administered on principles of kindness, and consequently, instead

of the prisoners being hardened, and their vindictive and other evil

passions being called into action, they are softened, and the better

feelings of their nature (which with many had so long slept, that

the degraded beings were hardly aware that they possessed them) are

awakened. Under these favorable circumstances, those who are desirous

of communicating moral or religious instruction can visit each prisoner

in private in his separate cell, and when the service is accomplished,

leave him to his reflections, without being disturbed by the presence,

or deterred from a serious consideration of his condition by the scoffs

of depraved companions.

The purpose of this essay has not been to suggest the details of

any particular system of imprisonment, but to call attention to the

general principles which should control the subject. And especially

have we desired to impress upon the reader the vital truth, that if we

would hope to reform the prisoner, we must treat him with comparative

kindness. We must do nothing, which either is or seems to be, by way

of revenge or retaliation. Under the present dispensation we must not

exact “an eye for an eye, and a tooth for a tooth.” If we do this, the

prisoner feels that he is persecuted, and that as society is doing its

worst by him now, he will repay it upon his discharge. In effect, that

as every man’s hand is against him, his hand shall be against every man.

E. H. B.

The following are the introductory remarks of a writer in the “North

British Review” for February, 1863, to “Observations on the Treatment

of Convicts in Ireland” and the Subject of Transportation, to wit:--

The public mind of England awakes periodically, and with a start, to

a sense of the danger it incurs by the presence of a large criminal

population in the very heart of the community, which is dealt with on

no rational or consistent system, watched by no adequate police, and

disposed of in no conclusive manner. We rave against the evil, we abuse

our rulers, we insist upon a remedy being found, we listen eagerly to

every quack and every philosopher, we discuss the subject passionately,

illogically, and superficially; and we end by adopting some fresh

plan which touches only a small fragment of the mischief, and darns

only a small rent in the tattered garment, and which is usually some

ill-digested and unworkable compromise between old habits and new

fancies. We then grow sick of the subject, ashamed of our panic, and

stupidly satisfied with our mild aperient and our emollient plaster,

and go quietly to sleep again for another term of five or seven years.

Meanwhile, however, there are two classes of men who never sleep: the

criminals, who are always at work to invent new modes of preying on

society and new dodges for evading justice; and the officials, who are

always, after the fashion of their kind, and by a sort of ineradicable

instinct, wriggling back into the old channels, and falling away

into their normal inertness. There was such an awakening as we have

described in 1853; there was another in 1857; there is another now. Let

us see whether this last cannot be made to yield some better and more

lasting fruit than its predecessors.

That the evil is a very great one no one can doubt. It amounts to

a positive insecurity of life and property which is disgraceful in

the richest, most civilized, most complicated society on earth.

At this moment, the number living by depredation and outrage, and

known to belong to the criminal class, is estimated to reach in

the United Kingdom to 130,000. In this year, 1863, a considerable

portion of the respectable inhabitants of London are reduced to carry

concealed weapons for their own defence; and this from no groundless

apprehensions, but because they _may_ any day be called upon to use

them, and often _are_. We annually commit to, and liberate from, our

county jails in England and Wales, at least 130,000 offenders, a very

large proportion, if not the majority, of whom are habitual pilferers,

burglars, or in other ways violators of the law, and recognized preyers

upon the industrious and peaceful part of the community. Besides these,

we turn loose every year, at the expiration of their sentence of penal

servitude, or shortly before its expiration, 3000 convicts, nearly all

of whom are professional, finished, hardened offenders, and all of

whom, with scarcely any exceptions worth naming, have been confined for

crimes in which ruffianism and dishonesty were combined. Of these 3000,

at least 2500 on an average are liberated in this country, and almost

invariably go back to their evil courses, more vicious, more skillful,

more irreclaimable than ever. Many of them have been convicted several

times, never dream of adopting an honest mode of life, and could not do

so if they wished. In a word, we have among us an army--very active,

very well trained, tolerably organized, very resolute, and in part

very desperate--of internecine enemies and spoliators, as numerous

as the troops of most European kingdoms, and more numerous than the

military and police forces in our own country combined. This is the

evil we have to deal with. It is an evil, in some degree and in some

form, incidental to every large and populous community; but the form

and degree depend entirely on our own management. We may reduce it to

the minimum which human temptation to wrong and the imperfection of

human powers of repression must always leave, a minimum which would be

seldom heard of and little felt, and which should be always tending

to decrease. Or we may suffer it, as we are in a fair way to do now,

to augment and intensify year by year till it reaches the maximum

compatible with a comfortable existence and a secure civilization.

Now what we affirm is, that, for the height to which it has reached

at the present moment, we have only ourselves to thank. For a long

time back, in spite of ceaseless warning, and ignoring all the lessons

of experience, physiology, and common sense, we have done little to

repress crime and much to encourage it. Our plans of dealing with it

have been based upon no clear understanding and no settled principle;

the changes we have introduced from time to time, have been either

inconsistent _nibblings_ or mutually destructive fluctuations; we have

neither aimed at felling the tree, nor at cutting off the nourishment

from its roots; we have simply pruned the branches, and contented

ourselves with wondering that it should flourish still. We believe that

all this is remediable still, though the mischief has assumed such vast

dimensions; but that which is imperatively needed before we can hope

to remedy it is, that we should boldly face all patent facts; that we

should courageously accept all undeniable conclusions from those facts;

that we should at once and for ever place sentiment under the control

and supremacy of sense; that no inconvenience should drive us to do

injustice to others; and that no expense should make us shrink from

doing justice to ourselves.

Criminals, the moment we look at them closely and analytically,

divide themselves into two distinct categories--the casual and the

habitual. Many of the more trifling, and some of the most heinous

offenders, belong to the former class. Temptation there will always

be; and this will be liable to increase with the progress and

complexity of civilization, as long as some are poor and some are

rich, and as long as the appliances of wealth are spread out in the

sight of the struggling and needy. Defective moral natures there will

always be--natures weak to resist and prone to fall; but these, it

is to be hoped, will diminish as comfort and instruction penetrate

among the masses. Passions will always exist among all ranks, and

passions will occasionally burst through the restraints of morality

and law. Boys will thieve who are no worse than idle, neglected,

and ill-trained. Poor men, who are habitually respectable, will

steal under circumstances of sudden and desperate necessity. Clerks

will occasionally forge or rob to avert exposure, to meet debt, or

to purchase vicious pleasures. Any man, in any rank, of violent

or malignant temper and ill-disciplined mind, may, in a moment of

provocation or of fury, be guilty of manslaughter; or, if he be

thoroughly bad and licentious, may outrage a defenceless woman, or

murder one whom he hates, or whose possession he desires. Crimes and

criminals of this sort, however, are not those that embarrass our

police, and perplex our rulers and philosophers; they do not constitute

the social problem we have to solve. They are the casual outbreaks

of human vice and passion, incidental to all stages and forms of

civilization, and incurable by any. But besides and independent of

these cases, we have among us a large population, numbered by thousands

and tens of thousands, who _live by_ outrage and depredation; to whom

crime is an employment and _profession_; who are brought up to it; who

have no other teaching, no other vocation, no other resource; to whom

the respectable and industrious portion of society is the oyster they

have to open; who prey upon the community, and sometimes hate it also.

They are simply the enemies of society; and the protection of society

against them constitutes precisely the difficulty which at this moment

our thinkers have to master, and the duty which our rulers have to

discharge.

The Journal of Prison Discipline and Philanthropy, January, 1863 · 第 3 / 4 段