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diff --git a/old/55842-0.txt b/old/55842-0.txt deleted file mode 100644 index 2e7767b..0000000 --- a/old/55842-0.txt +++ /dev/null @@ -1,3255 +0,0 @@ -The Project Gutenberg EBook of The Pennsylvania Journal of Prison -Discipline and Philanthropy, April, by Anonymous - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: The Pennsylvania Journal of Prison Discipline and Philanthropy, April 1853 - -Author: Anonymous - -Release Date: October 28, 2017 [EBook #55842] - -Language: English - -Character set encoding: UTF-8 - -*** START OF THIS PROJECT GUTENBERG EBOOK PENNS. JOURNAL OF PRISON DISCIPLINE *** - - - - -Produced by Larry B. Harrison, Martin Mayer, and the Online -Distributed Proofreading Team at http://www.pgdp.net (This -book was produced from scanned images of public domain -material from the Google Books project.) - - - - - -[Transcribers' notes are placed after the text.] - - - - - VOL. VIII. TERMS:--ONE DOLLAR A YEAR IN ADVANCE. NO. II. - - THE - - PENNSYLVANIA JOURNAL - - OF - - PRISON DISCIPLINE - - AND - - PHILANTHROPY. - - PUBLISHED QUARTERLY - - UNDER THE DIRECTION OF "THE PHILADELPHIA SOCIETY FOR ALLEVIATING THE - MISERIES OF PUBLIC PRISONS," INSTITUTED 1787. - - "The separation of one prisoner from another is the only sound basis - on which a reformatory (prison) discipline can be established with any - reasonable hope of success."--_Fifth Report of Inspectors of English - Prisons._ - - APRIL, 1853. - - PHILADELPHIA: - E. C. AND J. BIDDLE, - SOUTHWEST CORNER OF FIFTH AND MINOR STREETS. - - LONDON: CHARLES GILPIN. - - 1853. - - Isaac Ashmead, Printer. - - - - -CONTENTS OF NO. II. - - - Art. I.--Moral and Religious Instruction of Convicts, 53 - - II.--Report of the Discipline and Management of the 61 - Convict-Prisons, and Disposal of Convicts, (England,) - - III.--Sources and Checks of Juvenile Delinquency, 70 - - IV.--Pennsylvania Penitentiaries, 78 - - V.--Should Convicts be Received into the State Lunatic 82 - Hospital at Harrisburg? - - VI.--Report of the Condition of the New Jersey State Prison, 89 - - VII.--An Extraordinary Document, 93 - - VIII.--A Philanthropic Perplexity, 96 - - -MISCELLANEOUS NOTICES. - - Vagrant Children of New York, 98-99 - Street Begging in New York, 99 - New York Prison Association, 100 - New York State Prisons, 100 - Be beforehand with the Tempter, 101 - New Penitentiary in Massachusetts, 101 - State Prison at Charlestown (Mass.,) 101 - Illinois Penitentiary, 102 - New State Reform School, 102 - Juvenile Offenders, 102 - Singular Avocation and Mode of Life in London, 103 - Death from Separation, 103 - Murders in Philadelphia, 104 - Missouri Insane Asylum, 104 - Missouri Penitentiary, 104 - Items of general Information, 105-107 - Acknowledgments, 107 - Premium for an Essay on Juvenile Delinquency, 108 - - - - -NOTICE OF THIS JOURNAL. - - -"It embodies more information on the subject of prisons, arranged and -expressed in the spirit of literature and science, than any other -publication of our country and will compare with any Journal devoted -to this department of knowledge in Europe."--_Hon. Charles Sumner's -Speech, in debate on prison question in Boston, May, 1847._ - - -RECENT NOTICES. - -_From the North American and United States' Gazette._ - -We have received from Messrs. E. C. & J. Biddle the last number of -the Pennsylvania Journal of Prison Discipline, which is published -quarterly, under the direction of the Philadelphia Society for -alleviating the Miseries of Public Prisons. A glance through its pages -shows what is well understood--that it is a highly valuable periodical, -communicating much and various important information upon the subject -of which it treats. It is the only publication of the kind in the -country, is certainly a very much needed one, and ought, therefore, to -be well sustained by the public. - - (See 3d page of Cover.) - - - - - THE - - PENNSYLVANIA JOURNAL - - OF - - PRISON DISCIPLINE. - - VOL. VIII.--APRIL, 1853--No. 2. - - - - -ART. I.--MORAL AND RELIGIOUS INSTRUCTION OF CONVICTS. - - -The readers of this Journal need not be told that we are not very -sanguine in our expectations of the permanent reformation of the mass -of convicts. There are doubtless instances enough of success in such -efforts to warrant and encourage them, and we are not to suppose that -they are ever wholly useless. The true position for us to take is this. -The earlier we address ourselves to the cultivation of right principles -and habits in a human being, the more hopeful is the prospect of -success; but there is a power in truth and love, which has not seldom -overcome the most sturdy depravity; and while we have the precept and -example of Him who "came not to call the righteous but sinners to -repentance," to prompt and stimulate our efforts in that direction, we -have His promise too, that whatever is done in His name, and out of -love to Him, shall in no wise lose its reward. - -It is under the influence of these views that we have looked with -interest and anxiety to the religious and moral influences which enter -into the discipline of our penitentiaries. To no section of their -annual reports, do we turn with more eagerness than to that from the -chaplain or moral instructor; and though now and then a well-digested -and satisfactory account is furnished, we are often compelled to be -content with very vague generalities. A specimen of the religious -discourses addressed to these unhappy congregations; a true sketch of -a dialogue on some religious or moral topic held with one of them in -his cell; a synopsis of a month's labors, showing the various methods -employed, direct and incidental, to reach the sympathies, and awaken -better motives and desires of the heart, or a brief analysis of those -obstacles to moral and religious influences, which may be properly -regarded as peculiar to prison life,--all these, or any of them would -greatly relieve the monotony of the reports of chaplains and moral -instructors, and would add materially to our means of judging of the -fitness of their labors to the character and circumstances of those -on whom they are bestowed. We are often favored with such specimens -of the various methods in which instruction in secular knowledge is -conveyed to the ignorant, and enabled to choose between them according -to their apparent appropriateness. Why should not the like opportunity -be afforded in respect to the more difficult and perplexing task of -enlightening adult ignorance, counteracting deeply-depraved tendencies, -and up-rooting established habits of evil? - -It was with the hope of bringing this important department of our -penitentiary discipline more distinctly to view, and of making its -principles more practical and definite, that the Prison Society -recently took the subject up, and referred it to a committee for -consideration and report. - -At the meeting in January last a full report was submitted, from which -we make the following extracts: - -It will be conceded on all hands, we presume, that moral instruction -is an important element of every system of Prison Discipline. We -are aware that in some of the largest prisons of Europe little, if -any, importance is attached to it; but whenever there is any hope of -reforming the character of a convict, or of establishing a permanent -restraining principle, it must be founded on some improvement in his -moral feelings and habits. - -That peculiar difficulties and embarrassments should attend any -approach to this unhappy class of our fellow beings, with a view to -mould moral character, would seem very natural; but is it not possible -that we exaggerate the difference between them and the mass of the -world, in respect to their susceptibilities of good impressions? May -we not easily forget that between a score of men in our prison cells, -and twenty score of men that may be selected from society at large, the -only difference is that the former are detected rogues, and the latter -are (perhaps greater) rogues undetected? The _ins_ and the _outs_ are -equally open to moral influences, and yet we should be very likely to -think of the _ins_ as almost hopelessly beyond their reach, while the -_outs_ might be esteemed fair subjects of them. - -It is moreover surprising how much farther a conviction of crime goes -to exclude men from the pale of sympathy and the offer of assistance, -than crime itself. The guilt of hundreds of men at large is as -fully established in the public mind, as that of any convict in our -penitentiary; yet we do not regard it as at all impracticable to reach -them with appropriate moral influences. We should not hesitate to -commend books to their attention, to invite and urge them to attend -some place of worship, nor to counsel them to abandon all evil courses. -Why should we have less faith in the like means when employed upon -no worse men, after their character has been defined by a judicial -sentence? For though true it is that the presumption of innocence is -only taken away by the proof of guilt, yet when looking at men as the -subjects of moral influences and sympathies, the fact that one is in -prison and another at large really makes much less difference than is -generally supposed. - -Thus much it seemed needful to say, by way of answer to those who -distrust all efforts for the reformation of convicts, regarding them as -visionary, if not Quixotic. It is to be regretted that such incredulity -sometimes possesses the minds of those who have the chief oversight and -direction of the discipline of our penal institutions. The deception, -hypocrisy and treachery of convicts, which they so often witness, -naturally confirms their distrust and may very easily excite prejudices -against any attempt to improve their moral condition. - -We are far from representing the moral and religious instruction of -convicts as an easy task. It requires much patience, simplicity, tact -and earnestness, a rare knowledge of human nature, and a combination -of adjunct influences which are not always at command. We only mean to -affirm that whatever force lies in the argument against efforts for -the moral reformation of convicts, may be used against such efforts for -any other class of men. - -It would be a happy thing for our prisons, if the spirit of Christian -benevolence were sufficiently awakened and active to ensure the needful -measure of sympathy, instruction and moral culture from voluntary and -unpaid service. But necessity seems to be laid upon us to provide a -more permanent and reliable system of agencies and influences. One or -more officers appointed to this specific work of giving instruction to -the ignorant, and presenting motives and encouragements to a better -life to those who are accustomed to do evil, seems to be indispensable -to secure any thing like a proper attention to this important -department. Hence the call for a chaplain or moral instructor. - -In looking at the condition of our two Philadelphia prisons in respect -to the provision for moral instruction, we are constrained to say, that -it is not such either in efficiency or success, as we think desirable, -attainable, and indeed absolutely necessary. Instead of bringing to -view, however, what some of us might regard as grave defects in the -present incumbents of the moral instructor's office, we will suggest -what we cannot but regard as indispensable requisites in such a -functionary, and leave those who have the appointing and removing power -to exercise it at their discretion. - -I. _A moral instructor should exemplify in the minutest particulars -the moral principles he inculcates._--Any obvious neglect or evasion -of duty, any appearance of hypocrisy or inconsistency, any sallies -of ill-humour or fretfulness, any impatience of contradiction and -unteachableness in his pupils, the most trivial breach of promise, -or in a word, any departure from an upright, open and ingenuous -deportment, will detract sensibly from his power to do good. - -II. _He should possess the faculty of adapting himself to the various -characters and temperaments of convicts._--We do not mean by this that -he should have any other faculty than such as shrewd men of common -sense ordinarily possess, and on which they depend for much of their -success in business. But it is by no means a rare thing to find a -prison chaplain, or moral instructor peculiarly deficient in this -point, and there is nothing which is likely to strike the class of -people with whom he has to deal more quickly or more unhappily than a -weakness of this kind, especially in one who is set to be their teacher -and guide. - -III. _In such an office, the motive of benevolence and sympathy -should be seen to have the predominance over the motive of -self-interest._--The laborer in this department, as well as in all -others, is worthy of his hire, but if those he would influence discover -in the manner of doing his work, or in his general intercourse, that -he acts the part of a mere functionary, having his beat like a police -officer, and fulfilling an appointed task like a delver or ditcher, his -usefulness will be greatly circumscribed. And this suggests - -IV. A fourth quality in a chaplain or moral instructor, viz.: _a warm, -glowing, personal, enthusiastic sympathy with the population of the -prison_.--He is a physician among a company of diseased and dying -patients. They are bidden to look to him for direction and to confide -in his prescriptions, (though not in his power or skill,) for a cure of -their maladies. If he has felt in his own person the presence of the -same disease, (though perhaps in a less offensive and aggravated form,) -and has known the value of a remedy, he will not look with indifference -on their symptoms, nor hear unmoved their sighs and groans. He will -have a tear of sympathy for the suffering; a helping hand for the weak -and trembling, and will deal honestly but gently with the impatient and -froward. They are guilty, and is he without sin? They are suffering -the penalty of a wholesome law, and what but an unseen hand has -restrained him from violating it? While therefore, he sets before them, -honestly and faithfully, the evil of their ways, he will give power and -persuasiveness to his words by the tender and sympathizing tones in -which they are uttered. While he points them to a merciful and faithful -high priest that has past into the heavens, and ever lives to make -intercession for guilty, penitent men, he shows that, like that same -high priest, he is touched with the feeling of their infirmities and -sympathizes in their bondage. - -V. A chaplain or moral instructor _should have good judgment in the -selection of subjects of conversation and instruction, and in his -methods of illustration_.--It is not unfrequently the case, that -the most harsh and repulsive views of moral and religious truth are -presented to those whose minds are already filled with prejudice and -hostility, as if it were needful (as it is said to be in some bodily -diseases) to make them worse before attempting to make them better. A -man of ferocious temper is the last person to tame a wild beast; nor -will a severe and offensive presentation of the most precious truth be -likely to win an already alienated mind. To charge home their guilt on -convicts, and make them feel that they have as good as they deserve, -even if their situation were much worse than it is, will never pave the -way for moral influences. - -It requires good judgment to select topics for the moral and religious -instruction of convicts, and much skill and tact to illustrate them. -A false position on a moral subject will be quite as likely to strike -a congregation of rogues as a congregation of honest men; and it is -wonderful how the faith of a disciple is weakened by a single material -error in a teacher. The moral instructor of prisoners, having nothing -to do with points of polemic theology or subtle casuistry, has a plain -and easy path if he is only willing to keep it. The elementary truths -of religion and morality, which lie within the comprehension alike of -a child and of an angel, and which are recognized by all sober-minded -men as the basis and stamina of all true moral reformation, are to be -explained and enforced, and their influence in promoting happiness, -respectability and prosperity in this life and in preparing us for the -future, is to be clearly exhibited. - -In illustrating these truths, much depends on a seasonable reference -to those things within the knowledge or present consciousness of the -convicts. Incidents of daily observation--the familiar phenomena of -nature, their own history in its social and moral relations, (with -which the teacher is supposed to have made himself acquainted) will -furnish topics appropriate in character and abundant in variety. - -VI. _It is very important that a moral instructor should possess -the faculty of casual teaching._--It is an easy thing to occupy ten -or fifteen minutes in talking with a convict, but if he would leave -something behind him for the man to ponder and reflect on when the -cell-door closes again, the visitor or instructor must weigh well what -he says, and seize the opportunity to drop a casual word of admonition, -or encouragement, or intimidation, as the condition and habits of each -individual may warrant. - -These casual suggestions often have far more weight than a studied -sermon, or an elaborate and earnest exhortation. The methods of -exerting an influence over others, and especially over thoughtless and -perverse persons, would be much more appropriate and effective were -they governed less by the teacher's own state of mind, and more by -the state of the mind which he wishes to change. Moral instructors of -all grades are oftentimes in the dark respecting the mental condition -and habits of their catechumens; and prison chaplains or instructors -not unfrequently err in occupying so much of their interviews in -expostulation, reproof and entreaty, as to leave no proper opportunity -to hear, much less to draw out, an expression of the convict's own -feelings. In such a case their labors, however well meant, lose much of -their value, and are sometimes worse than wasted. - -VII. _It is highly desirable that instruction in sound learning should -be combined with instruction in religious and moral duties._--He who -opens our minds to the apprehension of new and valuable ideas, gains -an important ascendancy over us. The labors of a faithful and skilful -teacher are always remembered with gratitude. Now there are a thousand -opportunities in the course of ordinary instruction, even in the simple -branches of reading and writing, to throw out suggestions of duty and -interest, which a watchful teacher will eagerly improve. In the setting -of a copy, in the reading of a paragraph, and even in the spelling of -a word, such an opportunity may present itself. Powerful and lasting -associations are often established in this way. The familiar sentence-- - - "_Evil communications corrupt good manners_," - -which has for a century perhaps, been used as a copy in writing-schools -and classes, and which was originally selected, probably, because -there is so large a proportion of letters of the simplest formation, -has doubtless been fixed in the minds of thousands by the use of it in -such a connection. When it is remembered how transient, uncertain and -unfavorable is the opportunity to impress at all the minds of convicts, -we may well insist upon the strictest economy in the use of such as we -have. - -VIII. As a library has become an almost indispensable appendage to -our prisons, _the moral instructor should be competent, not only to -select the most appropriate book for the use of the convicts, but -also to distribute them with judgment when under his care_.--The most -preposterous errors are often detected in some of our prisons on -both these points. Where books are kindly given for such a purpose, -reference is seldom had to the appropriateness of them. They are not -wanted by the donor, and are therefore given to the prison. The moral -instructor should be held responsible for every book that goes upon the -shelves of the prison library, and he should be so familiar with the -general character and design of each volume, as to determine as to its -appropriateness to the condition, capacity and present habit of each -prisoner's mind. - -IX. _We are clear that the moral instructor should reside within the -prison walls_, and be expected to have the same constancy in duties and -responsibilities _as the warden_, or any other resident officer. There -is no hour of the day in which he may not find or make an opportunity -of doing good, and it is only by identifying himself with the daily -routine of prison-duties, and with the interests of all concerned in -their administration, that he can properly execute his work. - -X. _The character and position of the moral instructor should be -such as to command the respect and confidence of the officers and -inspectors._--There is no such thing as hood-winking prisoners on such -a subject as this. They soon discover how much respect the executive -authorities feel for the man who is appointed to such an office, and -it is vain to suppose their estimation of him by those within the -cells will be any higher. The moral thermometer on the outside and the -inside of the partition wall, will indicate a similar temperature on -this, and on most other subjects. There are prison chaplains and moral -instructors in the world, whose characters and opinions challenge the -regard and respect not only of prison officers and visitors, but of -the public at large; and such have uniformly exerted a most sensible -and happy influence on the wretched congregations committed to their -charge. If the moral instructors in our State and County prisons are -of this stamp, we may well congratulate ourselves that so important -a post is adequately filled. If they are not possessed, in some good -degree, of the qualities which have been enumerated, the sooner they -are removed the better shall we regard it for the prison and for the -public, for we are clear that an incompetent incumbent of such an -office is an instrument of more evil than good. - - - - -ART. II.--REPORT OF THE DISCIPLINE AND MANAGEMENT OF THE CONVICT - PRISONS AND DISPOSAL OF CONVICTS, 1851-2, with notes on the - Construction of Prisons, Treatment and Disposal of Juvenile - Offenders, &c. By Lieutenant Colonel Jebb, Surveyor General of - prisons of England, &c., pp. 218, with numerous plates. - - -This document is dated in June last, and came to hand since our January -number was issued. In a cursory reading of it, we have noted several -points of general interest, and without attempting a classification of -the topics, we will imagine our readers to be looking over our shoulder -as we rapidly turn the leaves, making now and then a brief comment or -two. - -In the ten prisons for separate confinement in England proper, there is -room for 2,459 convicts, and 2,193 were in prison, leaving unoccupied -accommodations for 266. In the three prisons for labor on the public -works there were 1,931 confined, and only 17 more could have been -received. In the hulks, there were 1,780 and only two vacancies; and -in the Juvenile Prison at Parkhurst, there were 577 tenants and 29 -vacancies. The total convict population of the year was 9,033, and -there were 355 more on hand December 31, 1851, than at the same date -in the previous year. Of the whole number, 13 were removed to Lunatic -Asylums during the year, 147 were pardoned, (of whom 76 were on medical -grounds,) and 111 died. - -In the report of the Millbank prison, we have an incidental testimony -from the chaplain to the moral advantages of separation, which we think -valuable. - - Of _moral improvement_, however, as regards the _many_, embracing - change of principle and _real amendment of character_, he feels (he - says) considerable diffidence. Bearing in mind the circumstances of - the prison,--the period of separate confinement, rarely exceeding - six months, being somewhat brief to be _permanently effective_ - for reformatory purposes--the danger of any good impressions - made during that period (the seed-time of reformation) being - effaced when prisoners are transferred to the _large rooms and - general ward_, where the opportunity is withdrawn from those - under incipient convictions of being ever _left alone with their - conscience_, and the spiritual exercises of the more advanced in - religion, both meditation and prayer, are subject to disturbance. - -If this opinion is the result of intelligent and long continued -observation, (as we suppose it to be,) it is certainly very conclusive -as to the value and indispensableness of convict-separation as a means -of reform. The italic words are all found of the same character in the -original document. They form, when read by themselves, a memorable -sentence, and one which we respectfully commend to all those who stand -in doubt on the subject. - -"Moral improvement or real amendment of character, to be permanently -effective among the many, is not to be expected in large rooms and -general wards. They require to be left alone with their conscience." - -From _Pentonville_, we have a very favorable report, especially as it -regards the health, physical and mental. Only two cases of insanity -have occurred during the year among 561 prisoners, and of these one had -low intellectual development, which made him incapable of learning a -trade; and the other, though only 26 years of age, had been previously -convicted and imprisoned three times. He was suddenly seized with mania -three weeks only after commitment, and cerebral disease was presumed by -the physician to have been upon him when received. Concerning both of -the cases the physician remarks, that the "insanity was not traceable -to the operation of separation on the minds of the prisoners."--p. 11. - -We venture to say that no prison on any plan or system can show cleaner -papers respecting the health of an equal number of convicts. - -It seems that immediately succeeding this year of remarkable health, -in the course of the first half of the year 1852, "an unusually large -number of cases of mental affection" occurred, which led to the -substitution of brisk walking in concentric rings for exercise in -separate airing yards--the abolition of the mask or peak which was -found useless as a preventive of recognition, and the doing away of -the chapel stalls. It is well known that these three features of the -Pentonville system were designed to carry out the principle of strict -separation. If they were found ineffectual for this purpose, their -abandonment is a matter of no moment; and as the term of imprisonment -in this penitentiary is regarded as probationary, and is moreover -restricted to twelve months, we can scarcely suppose that such changes -were required by way of relaxing the discipline. Colonel Jebb gives -us to understand that the prejudices of the public against separate -confinement are gradually subsiding, and he thinks it "of greater -importance to the more general introduction of the system that every -effort should be made to secure its great advantages without again -raising the question of its safety." Is there no danger, however, that -its efficacy may be so far diminished by needless relaxation, as to -make it scarcely worth the trouble of introducing it? - -We have not a shadow of evidence, nor even an intimation that the -supposed increase of insanity was in the slightest degree the result -of severe discipline; nor have we any report from the medical officer, -visiting or resident, as to the existence of such "an unusually large -number of cases of mental affection." But whether they existed or not, -"they were believed to exist," and the Board of Commissioners directed -the changes to which we have above adverted. In the progress of the -inquiries on the subject, it was suggested to the visiting director, -that he should obtain the joint opinion of the Governor, Chaplain and -Medical Officer on sundry points, among which were the following: - - 1. Whether it appears necessary to reject any particular - description of prisoners as being unfit subjects for separate - confinement, such, for instance, as those of dull intellect, or - others who do not speak the language, and are, therefore, less - capable of instruction. - - 2. Whether the arrangements at Wakefield and Leicester, with regard - to assembling for public worship, school instruction, exercise in - association, &c., are likely to be the cause of a more favorable - effect of separate (?) confinement on apparently the same class of - prisoners. - - 3. Whether a greater stimulus or a greater degree of vigor cannot - be imparted to the trades and occupations in the cells. - - 4. Whether it will be necessary and desirable, after a certain - period of confinement, to exercise all prisoners in association, - and whether the removal of both the long ranges of exercising-yards - will be sufficient for such purpose. - - 5. Whether the garden at the back of the prison might not be - advantageously cultivated by prisoners selected from those who may - have been a certain period in confinement. - - 6. Whether dispensing with the mask would be likely to be attended - with a beneficial effect. - -We should have been gratified to know the answers which were returned -to these pertinent and important inquiries. We think the second -question would puzzle the wisest commissioner that could be found, -whether association will be the cause of a more favorable effect of -separate confinement on apparently the same class of prisoners! Or to -vary the phraseology, what is likely to be the effect of association -upon separation! In the absence of any report from the medical officer, -and with the health report of the preceding twelvemonth before us, we -cannot doubt that some misapprehension has arisen from exaggerated and -possibly fictitious representations. - -A new chapter of observations and conclusions is opened to us at -Millbank by Dr. Baly, the visiting physician. It will be remembered -that no little discrepancy of opinion occurred a short time since -between the resident and visiting physician of the penitentiary at -Pentonville,[A] and hence we should feel disposed to suspend full -confidence in the present statement, till we know what the other doctor -has to say. But one or two facts may be safely cited, which will serve -to show how entirely irreconcilable some theories on this subject -are with each other, and with the actual phenomena. Of eight insane -convicts transferred during the year 1851 from Millbank to the Lunatic -Hospital, five were decidedly insane when received into the prison. The -aggregate of eight years gives us sixty-five cases of insanity among -7,393 convicts, of whom thirty-five were insane when received, and nine -of the remainder were of very low intellect, and only twenty-one were -of sound mind; of these twenty-one, thirteen recovered in the prison, -leaving only eight all told, or about one in 1,000 as sufferers, in -this form, from their incarceration! What prison or what mode of -discipline can show a better result than this? - -[A] See Journal of Prison Discipline for April, 1852. - -Among the very remarkable things disclosed in this report of Dr. Baly, -we find that during the first four years of the period of time embraced -in it, when the average term of imprisonment was less than one hundred -days, the cases of insanity were 11 or 3.28 per 1,000 prisoners, and -that in the last four years, in which fifty-six days were added to the -average length of confinement, the cases of insanity rose to 19 or 4.70 -per 1,000! So that, omitting those who recovered in prison, the ratio -in the first four years was 1.49 per 1,000, and, the last 2.72, or -nearly double! It has been generally conceded even by the most zealous -opponents of separation, that its tendencies are quite harmless and -even wholesome, when not extended much beyond twelve months; but Dr. -Baly's report presents an entirely new view of the case. He tells us -that the ratio of insanity is twice as high in the second three months -of confinement, and more than three times as high in the third, as it -is in the first. His table is as follows: - - -----------------------------+-------------+------------+--------------- - |Approximative| Number | Annual - | Number |of Cases of |ratio per 1,000 - Periods of Imprisonment. |of Prisoners | Insanity | of Cases of - | who passed |occurring in| Insanity for - | through |each Period.| each Period. - |each Period. | | - -----------------------------+-------------+------------+--------------- - First Three Months | 16,000 | 9 | 2.25 - Second Three Months | 8,400 | 9 | 4.28 - Third Three Months | 4,200 | 8 | 7.61 - Fourth Three Months, or later| 1,200 | 4 | -- - -----------------------------+-------------+------------+--------------- - -But it unfortunately happens that the reasons assigned for these -results would go to disprove them. "The various feelings of remorse, -shame and despondency," and the "withdrawal of the external sources of -excitement," would be much more likely to work upon convicts' spirits -during the first three months, than during the third three months, -especially when the termination of the sentence is so near at hand. But -the whole statement is so extravagant, and so contrary to the received -opinions of even anti-separatists themselves, that we are disposed to -give it very little weight. Dr. Given, late resident physician of the -Eastern State Penitentiary, whom we must all regard as at least an -uncommitted party, expresses his conviction of the entire safety of -separation for the term of twelve months, even in the case of minors; -but beyond that, in their case, he would seldom extend it. See his -Report for 1852. - -We have yet to be informed of the first case of the loss or serious -impairment of a convict's mental or bodily health from the judicious -and faithful administration of the separate system of discipline; but -whatever real or fancied dangers to body or mind attend it, one thing -is made clear by the report before us, viz., that it is wonderfully -efficacious. - -We infer from several passages in this document, what we have not -seen more specifically stated elsewhere, that "the principle of the -discipline now established in the English prisons, contemplates a -confinement of the convict in strict separation twelve months, to -prepare him for a term of labor in association;" and this latter stage, -from its "exposing prisoners to many temptations, which they would have -to encounter on their final release from penal restrictions in England, -is to prepare them for that event." So that we have three grades or -stages in the process; separation follows conviction and introduces to -association, which is preparatory to transportation. - - The convict, having passed the appointed term in separate - confinement, is removed to the establishment in Portland Island - (or, it may be, when suitable arrangements are made, to one of our - Dockyards), to labor in the formation of the harbor of refuge, or - on some public work. There, although he is still under religious - instruction and very judicious superintendence, his principles and - the reality of his reformation are subjected to a severe test. He - is associated with other convicts, and, as it cannot be supposed - that all have been reclaimed, he meets with many temptations. - -The officer in charge of the Portland Island establishment, says: - - The subdued, improved, and disciplined state in which the - convicts generally arrive at Portland, from the stage of separate - confinement, appears to be an admirable preparative for their - transfer to the greater degree of freedom unavoidable on public - works. Those convicts who have been for a considerable time at - Portland, have not usually indicated any falling off in morals or - conduct, but, on the contrary, several instances have occurred in - which men, on whose conduct the comparative degree of liberty here - alluded to, appeared to have at first an unfavorable effect, have - afterwards become orderly and industrious, and content to work - their way cheerfully to the prospective advantages held out to - convicts of that character. - -Such strong testimony to the efficiency and powerful reformatory -influence of separation, is of great value. - -Some interesting items are furnished on the extent and expenses of -transportation. The number of convicts sent to the Australian colonies -from Great Britain in 1847, was 938, in 1851, 1568. The average number -transported annually from Great Britain, is given at 1750--1300 males, -and 450 females. - - The estimates for 1852-53 for services connected with the - transportation of convicts amount to the gross sum of 101,041_l._, - which provides for the removal of 3,100 males and 800 females from - Great Britain and Ireland to Australia, and of 800 to Bermuda and - Gibraltar. - - Deducting the probable expense devoted to the latter service, there - might remain about 95,000_l._, as the amount required for the - removal of 3,900 convicts, or 24_l._ per head. - -From various movements in the present parliament, we are led to infer -that transportation will soon be abandoned. This event is more than -intimated in the report before us. It is inferred from the tenor of a -brief discussion of the scheme of the select committee of the House -of Commons, announced two years since, in the form of three specific -propositions, viz.: - - I. That after prisoners under long sentences have undergone a - period of separate confinement, the remainder of their sentences - ought to be passed under a system of combined labor, with effectual - precautions against intercourse. - - II. That this object would be greatly facilitated by the erection - of district prisons, at the national cost, for the reception of - prisoners under long sentences after they have undergone such - previous separate confinement. - - III. That such district prisons should be maintained at the - national cost, and the government of such prisons, and all - appointments and salaries of officers, ought to be under the - control of Her Majesty's Government. - -Col. Jebb regards these plans with unqualified favor. "If it were only -to avoid the inconvenience and expense of transportation," he says, "it -is well deserving of attention, especially in an economical point of -view." - -It seems that lengthened "periods of imprisonment have not hitherto -been resorted to, partly from there being no existing prison where -sentences exceeding twelve months could be properly carried into -effect, and partly, from a sentence of transportation in former times -affording so easy a solution of all difficulty both as regarded expense -and final disposal." And Col. Jebb expresses the opinion, that "if -facilities existed for carrying into effect sentences of imprisonment -extending from eighteen months to three years without expense to the -counties and boroughs, a large proportion of the present sentences to -seven years' transportation would be changed to imprisonment." Allowing -the average sentences to be from two and a half to three years, nine -months would be past under the discipline of separation, and from -twenty-one to twenty-seven months in the district prison. - -As a general conclusion of the whole matter, Col. Jebb copies and -adopts the opinion of the Parliamentary committee, that "if conducted -under proper regulations and control, separate confinement is more -efficient than any other system which has yet been tried, both in -deterring from crime and in promoting reformation." - -It is quite evident that he is no convert to Dr. Baly's views, for he -does not propose to reduce the average term of separation below nine -months, within which all the mischiefs of it, (according to the Dr.'s -theory or statement,) are experienced. Indeed, if we are not under -great misapprehension, Col. Jebb has over and over again expressed his -confidence in the principle of separation, when applied to periods -varying from twelve to eighteen months. - -So far from yielding to a suggestion of relaxation, the present -report urges _a uniform system of discipline_ in all prisons, and the -enforcing of separate confinement alike to the tried and the untried. -It endorses the declaration of a committee of the House of Commons, -that "the combination of hard labor with individual separation, has -been remarkable in its effect to decrease the number of committals." -The prison of Leicester is cited as an example. - -In one section of the report, the subject of enforcing hard labor is -discussed; Lord Denman's remarks are cited, in which he speaks of "the -only legitimate end of punishment being to deter from crime; but I -think I perceive," he says, "in some of the theories of benevolent men, -such a mode of administering the criminal law as to encourage instead -of deterring. I greatly dread the effect of giving convicts benefits -and privileges which they never could have hoped for but from the -commission of crime." - -In allusion to this subject Col. Jebb, in his report for the preceding -year, suggests whether among "the means of increasing the stringency -of the discipline, and bringing it to bear with greater effect on the -lowest class of prisoners, and on such as prove to be incorrigible, -also on prisoners re-committed to prison, giving them a less -comfortable bed for certain periods, or on alternate nights,--might -not be desirable. The physical comforts of a prison are of necessity -greater than the majority of prisoners enjoy when at liberty; and if, -without injury to health, these can be abridged, a more deterring -effect will be produced by the discipline, both on the individual -himself and the criminal population generally." - -We have often and earnestly contended for a more liberal use of those -methods of discipline which apply to the sources or organs of criminal -indulgence. Moral diseases have corresponding remedies. No more -suitable remedy can be prescribed for idleness and indolence than hard -work. Nothing is more irksome to a man given to depraved appetite, than -short commons. The difference between a good dinner on corned beef and -potatoes, and a ration of bread and water, is felt at points which -reproof and the shower-bath, and even the cat-o'-nine-tails, will none -of them reach. The former, by itself, will subdue a spirit which the -three latter combined will only rouse to indomitable stubbornness. - -On the whole, we regard this document as decidedly confirmatory of the -views which have been uniformly advocated by the Philadelphia Society -for the Alleviation of the Miseries of Public Prisons, and in the -pages of this Journal. It contains not a statement nor a tittle of -evidence that impairs in the slightest degree our confidence in the -safety, efficacy and humanity of convict-separation. That it has been, -and may be abused or ill-administered, and that it requires judgment -and discrimination to adapt its provisions to the various classes of -persons who are subjected to it, is not more true of this than it is -of the gregarious or any other system. The only substantial fault that -we have ever known to be found with it, is that it costs more than -association, and the only answer to be made to this is, that (admitting -the statement to be true) it is worth as much more as it costs. - - - - -ART. III.--SOURCES AND CHECKS OF JUVENILE DELINQUENCY. - - -When the farmer finds his fruit trees exposed to the ravages of the -caterpillar, he makes but slow and unsatisfactory work, if he takes -the worms one by one as they are feasting on the leaf, or crawling -along the stem, or dangling in the air. There is a period of the day, -however, when they are all in their nest, and if he can apply a torch -to their curious fabric and consume it, or riddle it with shot, or wind -it and its wriggling population upon a brush or broom well besmeared -with pitch or tar, to be forthwith put into the fire or under the foot, -the work is thorough and the tree safe. - -Not inaptly does this illustrate, or serve to point out the true -process for the diminution of crime. The arrest, conviction and -punishment of here and there a rogue, is scarcely felt. It is but a -unit subtracted from the appalling aggregate of crime. If we would -have the ratio of our criminal population palpably and permanently -lessened, we must lay hold of the young ones in the nest, and whatever -the trouble or cost, we may rest assured it is by all odds the cheapest -and only effectual way of dealing with the pest. - -Among the prominent causes of, or excitements to a criminal life -which are operative upon childhood, especially in cities and populous -towns, have been reckoned 1, and chiefly drunkenness. 2. The -absence of education and industrial training. 3. The inadequacy of -home-accommodation to secure the ordinary decencies of life. 4. The -demoralizing influences of cheap theatres, and other low places of -amusement, association with fire companies, and the liberty to dispose -of the whole or a considerable portion of their own earnings. 5. The -example, instruction or orders of parents constraining them to vicious -acts, and 6, the connivance or co-operation of receivers of stolen -goods to prompt them. We might indefinitely enlarge this catalogue, but -these causes are adequate to account for the greater part of juvenile -crime. - -The readers of our Journal cannot fail to be aware of the unusual -interest which has recently been awakened on this subject. Our present -number contains sundry evidences of it, and by referring to the cover, -a notice will be found, the design of which is to provoke inquiry and -discussion, with a view to reformatory measures. As human nature is -substantially the same all the world over, and as like causes produce -like effects, we have transferred to our pages several interesting and -important passages from the last report of the inspector general of -English prisons, bearing particularly on this subject. - -In respect to the first cause of juvenile depravity, which we just -commented on, drunkenness-- - - "Statistical returns show that the amount of money expended in - intoxicating drinks of one kind or another in Great Britain, is - between fifty and sixty millions of pounds sterling per annum,--a - sum fully equal to the whole national revenue. - - "Now such an enormous expenditure on any one object must produce - a noticeable effect upon our social condition. Were such a - sum annually expended on the reclaiming of waste land and the - improvement of what is but partially cultivated, and the erection - of comfortable dwellings, in a few years our whole island would be - a garden of beauty and fertility. - - "But what are the results produced? - - "The physicians of our lunatic asylums tell us that intemperance is - the cause of a large proportion of the cases of insanity. - - "The medical officers of our infirmaries and dispensaries tell us - that many diseases are caused, and more are made fatal, by habits - of intemperance. - - "The masters of our poor houses tell us that they can trace the - pauperism of most of their inmates to their own intemperance, or to - that of their parents. - - "The governors and chaplains of our prisons tell us that most of - the crime in our gaols is directly or indirectly caused by strong - drink. - - "If the offences to which habitual drinking has ultimately led - could be ascertained, I believe we should find that four-fifths of - the recorded offences have sprung from it." - -Although the remedy for this enormous evil is justly regarded as lying -to a considerable degree in the hands of educators, it is maintained -that "much may be done to abate the evil by reducing the number of -licensed public houses both in town and country, and by greatly raising -the expense of strong drink." - -As an evidence of the effects of cheapening strong drink, it is stated -that in 1825, the duty on whiskey was greatly reduced in Scotland, and -that as a consequence, intemperance began to increase, so that "in the -twenty-seven years which have since elapsed, the consumption has become -nearly _five-fold_ greater; crime, disease, and death have increased in -similar proportion; and the sober, religious Scotland of other days is -now _proved_, by its consumption of spirits, to be, without exception, -the most drunken nation in Europe." - -As to the connection between intemperance and the other causes of -juvenile depravity, "the records of the prison-house, if fully -analyzed, would show that the _first penny or the first pound_ taken -by a son from his parents, or abstracted by the young man from his -master's desk, is for the theatre, not for the public-house. But -youth, being corrupted by the pleasures of sin, drunkenness follows, -and becomes the associate or the substitute of licentiousness, and -completes the ruin. Money becomes indispensable, and it is gotten by -some desperate and wicked means, at the possibility of which a few -months before, the mind would have recoiled with indignation, like that -of Hazael, when reproached by the prophet: 'Is thy servant a dog, that -he should do this great thing?'" - -In the great majority of instances, it is believed, the only means by -which the reformation of such can be rationally expected is by their -thorough and permanent severance from those scenes and associations in -which their evil habits were formed. Although suffering from hunger -and misery, it must not be supposed that the lives led by these -delinquent children are void of pleasurable sensations; "the very -alternation from one extreme to another keeps the mind in a state -of feverish excitement; the want of a penny to buy food on one day, -is more than compensated by the reckless profusion of the next; and -the despondency created by privation and long suffering is speedily -supplanted by exultation on the success of some criminal feat of daring -and dexterity." - -None will deny another position of the report, viz.: - - "That it is impossible for children to be brought up as Christian - children ought to be, when huddled together, male and female, old - and young, like pigs in a stye; and yet this revolting expression - is not too strong to designate the dwellings of tens of thousands - in our land. - - "How many of our honest industrious artisans have only one - apartment, or, at most, a room and a closet for father and mother, - and grown up sons and daughters! - - "The physical condition of the poor cannot be viewed as separated - from the moral. The want of a proper dwelling place for the - working man is one of his greatest trials, and is as injurious - to his spiritual as to his bodily health. The crowding together - of a whole family in one room weakens domestic virtue, destroys - all self-respect, modesty, and delicacy of feeling, and utterly - removes all opportunities for self-improvement. A home which is - miserable from physical or moral causes is the half-way house to - the gin-palace or beer-shop." - -The inquiry might be opportunely raised, whether the _habits_ of -life which constitute such a social state as is here described, are -not formed long before the state itself is entered. A girl or boy -accustomed to street-associations either in the pursuit of some trading -employment, as selling papers, matches, &c., &c., or from mere neglect -and idleness, will soon fall into habits which no degree of loathsome -infamy or social degradation will shock. The origin of the evil, in -such cases, lies far back of its present stage and locality. It dates -from the _childhood_ of those who now act as the head of this filthy -and brutalized little community. - -Of the penny theatres, it is truly remarked, that "they present almost -irresistible attractions;" and the annals of juvenile delinquents are -full of cases of petty thefts committed in order to procure the penny -or twopence required for admission. - -Even if the price of admission be honestly obtained, as one of the -reports says, the scenes to which the youthful spectator is there -introduced are understood to be of the most flagitious and depraving -nature, calculated only to inflame the passions, and deaden every -virtuous feeling. - -Singing-rooms and dancing-rooms, too, are represented as training up -boys and girls to familiarity with vice in every shape. A magistrate -sent two of his officers to visit one of them. Their report describes -seven hundred boys and girls collected together to have their bodies -poisoned with smoke and drink, and their minds with ribaldry and -obscenity! Can any one have a doubt that the evil wrought in such a -singing-room in a single night, outweighs all the good that can be -effected by a dozen Sunday-schools in a whole year? - -And finally the part played by the receivers of stolen goods is -described as a profession. - -So much for causes, and now as to remedies. These are emphatically -_preventive_ in their nature, "lying at the very foundation of our -social arrangements, and until very recently, wholly disregarded and -uncared for, viz., 'organized and adequate means for EDUCATION and -INDUSTRIAL TRAINING.'" - -It is remarkable how many of the prominent features of some of our -modern schemes of juvenile reform here, have been long ago presented to -the public eye. More than half a century ago, (1796) the renowned Earl -of Chatham introduced to the British Parliament a bill, which had for -its object the establishment of a school for work in every parish or -incorporated district, for the purpose of instructing the children in -different trades and manufactures. The parishes were to be at liberty -to maintain their poor children in the working schools, or to lodge -them there or keep them only during the hours of labor, and then -feed them there or give them work to do at home. The overseers were -to be charged with the direction of these schools, and were required -to supply them with materials and utensils, &c. Parents burdened with -infant children, and in the receipt of out-door relief, were required -to send their children to the working school as soon as they were five -years old, to be instructed and maintained there. It was provided that -those fathers who might prefer to keep their children at home, should -bring them up and employ them, receiving some direction and assistance -from the local authorities until the children were in a condition to -gain their livelihood. Upon leaving the working school, those children -who could not return to their families were to have been apprenticed at -the expense of the parishes, or provided with some means of service. - -It has long been our conviction, as the volumes of this Journal will -show, that no very radical reform of the vicious children and youth -of the land will be accomplished, so long as the government is so -reluctant to enforce parental obligations, or to take upon itself all -due attention to such obligations in those points where the welfare and -safety of society are put in jeopardy by the disregard of them. Though -our institutions are based on a principle of the utmost liberty, they -are, for that very reason, peculiarly dependent on the proper education -and training of children for their preservation. No country on the -face of the globe has so much staked on the intelligence, industry and -virtue of each succeeding generation as ours. We are fully satisfied -that the timidity which our government manifests in laying fast and -earnest hold of this great evil, PARENTAL NEGLECT, exposes us to the -loss of all that is worth preserving. - - "Society has surely the right to guard itself against the evil - practices of those neglected children; and, having the right, it - ought also to have the power; but if such power exist, it seems - very difficult to tell in whose hands it is vested. The child - convicted of theft is whipped or imprisoned, but if he stole to - appease the cravings of hunger which his worthless parent failed - to satisfy, it is clear that chastisement has not fallen upon the - proper party, and that the really guilty has profited by the vices - prompted by his culpable neglect, while the whole cost has been - defrayed by the public." - - "Power must be given," says our report, "to send to school - all _neglected_ children--all found loitering in streets and - lanes--whose parents take no charge of them, but leave them to grow - up as they may, untutored and untaught, save in the practice of - crime. If the parents neglect to perform their bounden duty, then - the State may properly step in, _loco parentis_, and do the needful - work; and surely this is no unjustifiable interference with the - parental authority--it is only saying to the parent, 'if you will - not discharge the duty you owe to your child, both in the sight of - God and of man, we, the public, will do it for you; we will not - suffer your child to grow up a torment to himself and to all around - him; we would much rather you did your duty yourself, but if you - _will not_, then _we must_.' - - "By law, the burden of uncared-for pauper children falls at present - on the workhouse, but the poor-law authorities are not entitled - to expend their money, unless under their own immediate control; - and power must be given to them to do so, through the medium of - industrial school managers. This will be as advantageous as it is - economical. Better for the public, who must eventually pay in one - form or other, to maintain the child in an industrial school at - 4_l._ a year, than in a poor house at 10_l._ or 12_l._, especially - as the smaller expenditure gives every prospect of making him a - useful member of the community, and the larger gives little hope of - ever raising him above the pauper class. - - "A good education," says one of the inspectors of the English - National Schools, "so infallibly dispauperises, and raises its - recipient above the necessity of ever again applying for relief, - that except under gross mismanagement of the guardians in other - points, we may be tolerably certain that vicious habits, easily - eradicable by sound early training, have brought the great - majority of those who burden the parochial rates to their state - of dependence. Could this truth be more universally impressed on - the managers of the poor, the difficulties in the way of forming - industrial schools would vanish! - - "It was said by the late stipendiary magistrate at Liverpool, that - he had ascertained that ten such children, under fourteen years - of age had cost, in apprehension and imprisonment, upwards of six - hundred pounds; and, with so little effect, that all of them were - then in prison, and one, only about ten years of age, lay under - sentence of transportation for seven years. - - "The remedy for these enormous evils appears simple and obvious. - Let the committee or the magistrate be empowered to send all such - mendicant children to the schools of industry at the expense of - the parent or the parish, and let the worthless parent be punished - if he neglects the sacred duty of maintaining his child, which at - present he is allowed to do with impunity." - -We think the friends of our Houses of Refuge could scarcely ask a more -sensible and cogent argument in support of such establishments, than is -furnished in these brief extracts; and yet cogent and sensible as it -may be, it fails to convince gainsayers, or at least, to constrain them -to prompt and liberal action. Within a twelvemonth a project for such -an establishment was lost in a neighboring State, (as it was alleged,) -in some political whirlpool; and the public prints tell us, that a like -wholesome measure was lately defeated in St. Louis by the jealousy -or arrogance of a religious party. We do not vouch for the truth of -either of these statements, but we hazard nothing in saying, that the -problem, how to restrain and suppress crime, will never be solved, till -politicians and religionists lose their selfishness and their bigotry -in an earnest and efficient effort to provide for vicious and neglected -children. - -The following good old Saxon principle is adverted to in a report on -Parochial Union Schools for 1851. - - "Guardians are not always so open to considerations of ultimate - as of immediate economy; and many a pauper who now, before his - death, costs his parish one or two hundred pounds, might have lived - without relief, had a different education, represented perhaps by - the additional expense of a single pound, been bestowed upon him - in his youth! This is strictly retributive justice; and I think it - would be good policy to increase its effect, and it would give a - prodigious stimulus to the diffusion of education, if the expense - of every criminal, while in prison, were reimbursed to the country - by the parish in which he had a settlement. What a stir would be - created in any parish by the receipt of a demand from the Secretary - of State for the Home Department for 80_l._ for the support of - two criminals during the past year! I cannot but think that the - locality where they had been brought up would be immediately - investigated, perhaps some wretched hovels, before unregarded, - made known, and means taken to educate and civilize families that - had brought such grievous taxation on the parish. The expense of - keeping criminals, as of paupers, must be borne somewhere; and it - seems more just that it should fall on those parishes whose neglect - has probably caused the crime than on the general purse." - -We would gladly pursue the discussion of these interesting topics did -our limits allow, but we have indicated one important, and as it seems -to us indispensable preliminary inquiry, viz.: Can we effectually -carry out any general scheme of reform, except we withdraw neglected -and vicious children from the associations and habits of their -miserable and degraded homes, and put them upon a course of involuntary -moral and industrial training, before they become what are technically -called juvenile delinquents? Is not a compulsory process (much earlier -in its application than the discipline of a House of Refuge) essential -to the accomplishment of any general or comprehensive reform? Will such -a process be authorized by any popular legislature in our country? If -the question implies an answer, is the answer true? - - - - -ART. IV.--PENNSYLVANIA PENITENTIARIES.-- - - Twenty-Fourth Annual Report of the Inspectors of the Eastern State - Penitentiary of Pennsylvania, dated January 1, 1853, pp. 36. - - Report of the Inspectors of the Western Penitentiary of - Pennsylvania, dated January 10, 1853, pp. 24. - - -These two documents embrace the details of the convict-discipline of -the State of Pennsylvania for the year 1852. It is well known that both -the institutions are established on one and the same principle, and -are administered, so far as the discipline is concerned, under one and -the same law. It may not be uninteresting to review them briefly in -connection. - - -----------------------------+----------------------------------+ - | E. State Penitentiary. | - +-------------+-------------+------+ - | Whites. | Blacks. | | - +-----+-------+-----+-------+ + - | | | | | | - |Male.|Female.|Male.|Female.|Total.| - +-----+-------+-----+-------+------+ - On hand January 1, 1852, | | | | | 310 | - Received during the year, | 109 | 4 | 12 | 1 | 126 | - In custody at date of report,| 219 | 12 | 48 | 4 | 283 | - Disch'd by exp. of sentence, | 56 | 5 | 28 | 8 | 92 | - " by pardon, | 40 | 2 | 2 | 1 | 45 | - " by death, | | | 2 | | 2 | - Removed, | 12 | | 2 | | 14 | - -----------------------------+-----+-------+-----+-------+------+ - - -----------------------------+----------------------------------+------+ - | W. State Penitentiary. | | - +-------------+-------------+------| | - | Whites. | Blacks. | | | - +-----+-------+-----+-------+ | | - | | | | | | Grand| - |Male.|Female.|Male.|Female.|Total.|Total.| - +-----+-------+-----+-------+------+------+ - On hand January 1, 1852, | | | | | 174 | 484 | - Received during the year, | 84 | 1 | 10 | 1 | 96 | 222 | - In custody at date of report,| 165 | 3 | 18 | 1 | 181 | 470 | - Disch'd by exp. of sentence, | | | | | 56 | 148 | - " by pardon, | | | | | 24 | 69 | - " by death, | | | | | 3 | 5 | - Removed, | | | | | | | - -----------------------------+-----+-------+-----+-------+------+------+ - -In the Eastern State Penitentiary, the labor of the prisoners has -nearly defrayed the expense of their subsistence; while in the Western -State Penitentiary, the labor of the convicts has not only earned their -support, but has paid four-fifths the salaries of the officers. - -The number of commitments to the Western State Penitentiary has -increased so much, as to require the erection of a new range of -cells--for want of which in the crowded state of the prison, the -required separation has been in some cases impracticable. But no -departure from the strict observance of the discipline has been -allowed, except where a necessity which knows no law, required it. - -If it should be supposed that the apparent increase of crime betokens -the inefficiency of the discipline, it would be an unwarranted -inference. The increased number of convictions might tend to show the -increase of crime, or of sagacity and thoroughness in detecting and -prosecuting it; but there is another and abundantly adequate cause -to account for the increase in the present case, and it is the one -assigned by the inspectors, viz.--the intemperate use of intoxicating -drinks. Of the ninety-six received during the year, eighty-nine -are regarded as having been brought to the felon's home by such -indulgence! Of one hundred and twenty-six received into the Eastern -State Penitentiary during the year, only thirty-two are registered as -temperate, leaving ninety-four on the list of drinkers, moderate or -immoderate. - -Of the one hundred and twenty-six admissions to the Eastern State -Penitentiary, ninety-eight were never apprenticed to a trade; and -of one hundred and eighty-seven in custody at the Western State -Penitentiary at the date of the report, forty-one were never bound; -and of the one hundred and forty-six that were bound, ninety-seven (or -two-thirds) ran away from their masters! - -Among the 126 admissions to the Eastern State Penitentiary, there were -fifty-six different trades or occupations, and of thirty-eight of these -only one representative. The largest of any class were laborers, 27; -the next, boatmen, 10; shoemakers, 7; and store-keepers, and farmers, -and butchers, 5 each. Of the 187 in custody at the Western State -Penitentiary at date of report, 67 were laborers, 18 shoemakers, 12 -boatmen, of farmers and blacksmiths 6 each, cooks, 5. - -The Warden of the Eastern State Penitentiary gives us, as the result -of another year's experience, an increased conviction of the unabated -confidence and regard to which the system of separate confinement is -entitled; and the Warden of the Western State Penitentiary speaks of -the success of the past year "as having proved the separate system to -be what its earliest friends desired." - -In the report of the medical officer of the Eastern State Penitentiary -we have the following testimony: - - I think I may state without hesitation, that there has never been, - during the history of the institution, so great an exemption from - disease for so long a time, as during the period for which I now - report. There are but four men in the Infirmary who are not at - work. It is true, there are some others in delicate or infirm - health, but the greater part of these were received in that state, - of whom again the majority are greatly improved. - -And from the medical officer of the Western State Penitentiary we -have a similar report of the uniform prevalence of good health. There -has been less indisposition within the prison during the year just -terminated, he says, "than during any similar period of time since my -professional connection with this institution, and yet the number of -prisoners has never been so great." - -As to the mental health of the convicts in the Eastern State -Penitentiary, the physician reports it to be "no less satisfactory than -their physical condition;" and of the Western State Penitentiary the -medical report is, that "no case of insanity has originated within the -prison during the year." - -Of the sentences of the one hundred and twenty-six admitted, ninety-one -were for three years or less. And of ninety-six received into the -Western State Penitentiary, seventy-five were sentenced for three years -or less. - -Of the one hundred and twenty-six commitments to the Eastern State -Penitentiary, ninety-six were for offences against property, only seven -of which were accompanied with violence; twenty-five were for offences -against the person, and five for violation of marriage laws. While of -the ninety-six admissions to the Western State Penitentiary, eighty -were for offences against property with and without violence, and -sixteen were for offences against the person. The general summary of -the two Institutions is as follows: - - East. West. - State Peni. State Peni. - 23 years. 26 years. - Of the whole number received, there - were disch'd by expira'n of sentence, 2005 1061 - Pardoned, 422 305 - Deaths, 230 81 - Removed, 31 4 - Escaped, 1 10 - Remaining December 31, 283 187 - ---- ---- - Total, 2972 1648 - -A very slight examination of this statement reveals some singular -differences, especially in the items of pardons and deaths, which an -analysis of the annual returns would doubtless satisfactorily explain. - -The moral instructor in the Eastern State Penitentiary adverts to the -circumstance that only nineteen of the one hundred and twenty-six -commitments were over thirty-five years of age, and that twenty-eight -were under twenty. He very justly regards the ignorant, vicious and -depraved YOUTH of the land as the reservoir of convicts. The moral -instructor of the Western State Penitentiary says, "there is a larger -proportion of mere youths in the prison than at any former time. More -than three-fourths of the prisoners confined within these walls have -confessed to me that their early youth was passed almost entirely -without moral teachings. The records of our Courts bear ample testimony -to the fearful and distressing increase of crime among our youth. There -are in this prison, received within the past year, nineteen convicts -not over twenty-one years of age!" - -These considerations show the seasonableness and importance of a -proposition from the Managers of our House of Refuge, which will be -found on our last page. - -A large section of the report of the inspectors of the Eastern State -Penitentiary is occupied by a discussion of the provisions of the Act -of Assembly of May 4, 1852, and the proceedings under it, to which we -shall make more particular reference in a separate article. - - - - -ART. V.--SHOULD CONVICTS BE RECEIVED INTO THE STATE LUNATIC HOSPITAL AT - HARRISBURG? - - -The General Appropriation Act of 1852, provides $25,000 to complete -the unfinished range of cells of the Western State Penitentiary, and -for the payment of gratuities to convicts discharged from the two -penitentiaries, $1417, viz.: $667 to the Eastern, and the remainder -($750) to the Western. Then follows §42. "That the further sum of -ten thousand dollars be and the same is hereby appropriated to the -Eastern State Penitentiary, for the purpose of grading, curbing and -paving the street adjoining, preserving the buildings from decay, and -altering and repairing a part of them for the suitable accommodation of -prisoners whose mental or physical condition requires, in the opinion -of the inspectors, a temporary relaxation of the separate confinement -system. Provided, That whenever in the opinion of the inspectors of -the Eastern State Penitentiary, any of the prisoners therein confined -shall develope such marked insanity as to render their continued -confinement in said Penitentiary improper, and their removal to the -State Lunatic Hospital necessary to their restoration, it shall be -the duty of the said Inspectors to submit such cases to a Board, -composed of the District Attorney of the County of Philadelphia, the -principal physician of the Pennsylvania Hospital for the Insane at -Philadelphia, and the principal physician of the Friends' Insane Asylum -at Frankford in Philadelphia County; and in case a majority of them -cannot, at any time when required, attend, a competent physician or -physicians, to be appointed by the Court of Quarter Sessions of the -County of Philadelphia, in the place of such as cannot attend, upon -whose certificate of insanity, or the certificate of any two of them -transmitted to the Governor, and if by him approved, he shall direct -that said insane prisoner shall be by said Inspectors removed to the -State Lunatic Hospital, there to be received, safely kept and properly -provided for, at the cost and charge of the county, from which they -were sent to the Penitentiary, and if at any time during the period -for which any such insane prisoners shall have been sentenced to -confinement in the Eastern Penitentiary, they shall, in the opinion -of the trustees of said Lunatic Hospital, be so far restored as to -render their return to said Penitentiary safe and proper, then the said -trustees shall cause the said prisoner to be returned to said Eastern -Penitentiary, due notice being given to the clerk of the Court of -Quarter Sessions of the County, from which such prisoners were sent to -the Penitentiary, of all such removals or transfers." - -In pursuance of the authority enforced by this law, the commissioners -met at the Penitentiary on the 20th of October last, and at various -times thereafter, and examined eighteen cases presented for their -investigation--eight of whom they regard as proper subjects of -hospital treatment; two, they think, will be as well or better off -where they are; the sentence of one expired during the pendency of the -proceedings, and he was discharged, four are not suitable inmates of -an Insane Hospital, and three, who were committed for safe keeping, -are regarded on all hands as unfit to be placed in any hospital, or -elsewhere where the means of close custody are less efficient than in -the Eastern State Penitentiary. - -In the course of their report to the executive, the Commissioners very -properly speak of it as a grave question, how far it is justifiable to -mingle convicted criminals (however afflicted) amongst the meanest whom -the hand of God has visited with mental derangement, or how many insane -criminals can be sent there without seriously jeopardizing the best -interests of that institution, and risking the safety and well being of -its inmates. They add, "that no wards can be specially appropriated to -the class particularly under notice, and as a consequence the insane -criminal must be in contact directly with the insane innocent." - -In the absence of a hospital constructed with exclusive reference to -the custody and treatment of convicts deprived of their reason, and -considering "the great security afforded by the penitentiary and the -character of its arrangements," the Commissioners are of the opinion, -that "it will be quite possible, inside its enclosure, to make the -limited number of this class now confined there, more comfortable than -they could be in any ordinary hospital, for the reason, where a just -regard to the safety of others would require a much closer degree of -confinement," in which opinion we cordially coincide. - -As this is the first proceeding under the provision of the law, it has -received particular attention in the report of the Inspectors, and may -claim a brief notice in our pages. - -And we must in the first place take exception to the phraseology in a -clause of the Act of Assembly, which is open to misconstruction. "A -certain class of prisoners" is mentioned, "whose mental and physical -condition may require, in the opinion of the Inspectors, a temporary -relaxation of the separate confinement system." The framers of this -paragraph were probably unaware that all the provision which any body -ever considered necessary for the class of prisoners alluded to, may -be enjoyed without any "relaxation (temporary or permanent) of the -separate confinement system." - -It is the _unbroken solitude_ which, by an existing law, should be -relieved two or three times a day, but in some past periods has -not been relieved for days together; it is the confinement to an -unwholesome or stultifying trade; it is the brooding over a seven -or ten years' sentence, a ruined and helpless family, and a blasted -reputation,--these are the causes, and not _separation_ from other -convicts that threaten to undermine the health and derange the reason -of convicts of a peculiar temperament. Now, if the money appropriated -could be expended in a few extra lodges, with ample exercising yards, -and perhaps one-tenth of it for an additional attendant or two, to have -charge of enfeebled prisoners (whether they were so when admitted, or -became so as a natural effect of prison-life) this provision of the -section would be very reasonable. The _separation_, however, may safely -and should certainly remain intact. - -But there is another class of convicts whose case is embraced by a -_proviso_. It is those who "develope such marked insanity as to render -their continuance in the penitentiary improper, and their removal -to the State hospital necessary to their restoration." In order to -determine whether a convict answers to this description, a competent -Board is appointed to examine and report. - -Now we will suppose a case is presented of a prisoner who was committed -for _safe keeping_ merely. This is certainly not a case within the -proviso. No matter how marked the insanity is, it was developed before -commitment, and his continued confinement is, therefore, in no sense -"improper." Competent authorities disposed of him with due reference to -all the circumstances of the case, and the Act of the Legislature is -not designed to disturb the acts judiciary. - -Another case is presented to the Board, and they are satisfied that it -is a "manifest" development of insanity, but that with proper medical -treatment, and such out-of-door exercise as is quite compatible with -the discipline of the institution, the party may be restored. This -is clearly not within the proviso, for it is only such cases as make -"_a removal to the State Hospital necessary to their restoration_," -that are to be transferred. It is evident, therefore, that the medical -Board are not to be restricted to the inquiry, whether there is or is -not a development of insanity, but whether the case presented is one -which the proviso meant to include. The medical Board are presumed to -know the provisions of the act from which they derive their authority, -and they cannot read it without perceiving that they are to decide -not only whether a prisoner is insane, but also whether his insanity -is of such a type or character as to render his continuance in the -prison _improper_, and a removal to the State hospital indispensable -to his recovery. Now, suppose they are satisfied of the insanity, -and also that his removal to the State hospital or elsewhere would -not be likely to restore him. This is the very point for which their -professional knowledge and experience is required--quite as much as -(if not more than) to determine the naked question of insanity. Surely -a wise Legislature could not have meant to ask a _medical Board_ to -determine the question of insanity, and leave it to the _Inspectors_ to -say whether the insanity might be safely and properly treated in the -prison, or whether a removal to the State Hospital would be likely to -issue in restoration! - -On the whole therefore it must be obvious, we think, to any candid -mind, that the Legislature designed to give the Inspectors the benefit -of the _official judgment_ of a competent Board, as to the manner in -which they should treat or dispose of insane convicts. - -Upon the general question of the removal of any insane convicts to the -State Asylum, we indicated an opinion in our number for July, 1852, -and farther inquiry and reflection confirms the doubt then expressed, -whether a general State Lunatic Hospital should receive convicts of any -class. - -If an offender has been convicted and sentenced according to law, he -must be regarded and received into the cell as a suitable subject of -convict-discipline. A process of law so terminated, is tantamount to -incontrovertible evidence, that the party is in all respects amenable -to the penal sanctions of the law. Otherwise he is not a convict, but -an oppressed and abused sufferer. Having thus been committed, he must -abide the life of a convict. If his health fails, humane provision -should be made for him in a proper apartment, called an infirmary or -hospital, with proper attendance, medicine, nourishment, &c., but why -should he be pardoned, removed or discharged? Sickness in prison is -one of the risks he voluntarily takes in committing the offence. If -he breaks a limb or loses an eye, it is what happens to honest men as -well as convicts, and he can claim no exemption from such calamities, -and must be satisfied with prison fare when they overtake him as a -convict. Why should the failure or loss of mental soundness be a cause -of discharging a prisoner, any more than the weakness or maiming of the -body? Why should not provision be made within the prison-bounds for the -proper care and treatment of this class of ailments, as well as any -other? Certainly not because it is not practicable to do it, for the -medical records show that the recoveries among convict-lunatics here -and in England, bear quite as high a proportion to the cases, as in our -best Insane Asylums. If it should be maintained that the proper room -and attendance cannot be obtained, the same reason might be urged for -discharging the sick and lame, that there was no room for an infirmary, -nor for surgical operations, nor for nurses, &c. We do not see what -reasonable ground can be urged for the removal of the former, which -might not be quite as tenable in relation to the latter. - -It seems to us that when the Commonwealth, whose peace and dignity -have been violated by a breach of the law, seizes on the offender, -and separates him from honest citizens, clearly proves his guilt, and -commits him for punishment to hard labor in the penitentiary for a term -of months or years, nothing should avail to discharge him from that -sentence, except the discovery of some evidence of its injustice. It -is assumed, of course, that he has been legally and fairly dealt with -in the whole process of the prosecution, and that the sentence is as -light as the law or the circumstances of the case will justify; and -this being conceded, we confidently maintain that the State takes him -into her custody as a convict, and that, as a convict she is bound to -provide for him whatever he needs, whether in health or sickness, in -strength or weakness, in life or death, until he has accomplished his -full term. - -We venture to make these suggestions the more plainly, because we -perceive not a little confusion in the views which are gaining ground -on the subject. - -In the recent report of the Inspectors of the Eastern State -Penitentiary, cases are mentioned of prisoners who were clearly insane -when first sentenced to the Penitentiary. How this fact was proved -in any case, does not appear. The question would be relieved of much -embarrassment if it did. But the report hazards another and much graver -remark, viz: that the "experience and observation" (of the Inspectors) -"have convinced them that the commission of crime is more frequently -connected with mental disease than courts or juries suspect." We had -supposed that the danger, if any, was in the opposite direction. It -must be very rare, we apprehend, that the plea of insanity is not -urged where there is the slightest pretence to sustain it. And courts -and juries, in our country at least, have been regarded as quite -sufficiently indulgent towards it whenever it is urged. - -It is scarcely safe, as it seems to us, after conviction by due course -of law, to go behind the proceedings and attempt to avert their -legitimate consequences by alleging the existence of a fact which -should have stayed them entirely. That property is taken, mischief -committed, and violent deeds done by persons of insane mind and of -course irresponsible for their acts, we all know; but these acts are -not offences, nor are the perpetrators of them offenders, nor can they, -by any process of law, be turned into convicts. Yet the time to show -this (if it is not plainly apparent) is when they are arrested for such -acts, and their state of mind is relied on to exempt them from any -responsibility. If it is not shown then, it is our duty (in ordinary -circumstances) forever after to hold our peace. - -It is not our province to vindicate the established tribunals of the -country from the charge of "presumption" or "inhumanity," when they -direct a maniac, who, in a paroxysm of his malady, has taken the -life of his wife or his friend, to be confined within the cells of a -penitentiary as one dangerous to society. But we suppose the community -has a claim to be protected against the violence of the lawless, -whether they are rendered so by the visitation of God or by the -indulgence of depraved and malevolent passions. - -That this protection can be made sure by existing arrangements in our -State Hospital, or that adequate provision can be made therein without -injuriously affecting the interests of third parties, we are not -prepared to say. But we are well persuaded that proper provision for -all classes of convicts, whatever their physical or mental condition, -can be made in either of our State Penitentiaries; and we shall not -cease to consider those institutions very imperfectly constructed or -organized, so long as such provision is not made within their walls. - -Before our readers pronounce judgment on these views, we trust they -will take sober thought and established facts into their counsels. - -While these sheets were passing through the press, we were favored -with the report of the New York State Lunatic Asylum at Utica, for -the current year, in which the most emphatic remonstrance is made to -sending thither persons acquitted of crime, on the ground of insanity, -or convicts who become insane. The reasons are plainly stated: - - These unfortunate persons are discharged from punishment and - committed to the asylum. The buildings not having been designed - for the custody of this class of the insane, they cause much extra - expense, watchfulness and care; and as experience shows, with but - little prospect of benefit. The number is constantly increasing - and encroaching upon space which might be more usefully devoted - to patients who are likely to be improved, and for whom the - institution was originally designed. Many of the class referred to - are of the most depraved character, and quite unfit associates for - the other inmates, who, for the most part, are persons of worth - and respectability, and entitled to be protected against dangerous - associations. - -The mischiefs which are so clearly exposed by the Managers, are still -farther exhibited in the report of the principal physician, who regards -convict-lunatics as requiring more secure fixtures and stricter -surveillance than ordinary patients, and for these and the worst class -of drunkards, he recommends "the erection of a hospital for two hundred -and fifty patients of the male sex only, to be carefully constructed, -and fitted for the ultimate occupancy of lunatic criminals only; but -to be used, until needed exclusively for this purpose, by criminal and -homicidal lunatics and drunkards." - -We think these views and suggestions must commend themselves to all -reflecting minds, and we hope to see them carried out. - -We offer no apology for occupying so much of our limited space with -this subject, inasmuch as the interests of _philanthropy_ are involved -in protecting our State Lunatic Hospitals from being prejudiced by the -introduction of patients who do not properly fall under their care, and -the interests of _prison discipline_ require that the convict should -not be released from any measure of retribution for his offence, which -a lawful sentence imposes. - - - - -ART. VI.--REPORT OF THE CONDITION OF THE NEW JERSEY STATE - PRISON.--Embracing the reports of the Joint Committee, Inspectors, - Keeper, Moral Instructor and Physician. January 19, 1853. pp. 48. - - -We have been favored with the report of this institution for the year -1852-3. There were in confinement, at the beginning of the year, two -hundred and seven. Received during the year one hundred and twenty-one, -and in custody in the course of the year three hundred and twenty-nine -different individuals. Of these, sixty-eight were discharged by -expiration of sentence, and nearly the same number (viz. 63) by pardon! -One death occurred, leaving one hundred and ninety-seven prisoners -on hand at the close of the year. The average monthly population of -the prison was two hundred and ten, which is a large increase on the -previous year. - -Of the one hundred and ninety-seven on hand, seventy-two are in on a -sentence of five years or upwards; thirty-four for three years and -upwards, forty-eight for between one and three years, and forty-three -for one year or less. Of the whole number thirty-eight were under -twenty; eighty-one between twenty and thirty, and forty-nine between -thirty and forty; showing that one hundred and sixty-eight out of the -one hundred and ninety-seven, or FOUR-FIFTHS, were under middle life. - -The offences are divided about equally between those against property -and those against the person. Of the latter the extraordinary number -of fourteen are for rape, and five for an assault with intent to -commit that crime, and fourteen were counterfeiters. Eighty-nine, or -nearly half the convicts, are natives of New Jersey; sixty-three are -of foreign birth. Only eight females are in the prison, four white and -four colored; and of the one hundred and eighty-nine males, forty-nine -are colored. It is worthy of observation, that of one hundred and -twenty-two commitments last year, sixty, or about one half, had no -trade! - -In respect to the physical health of the convicts, we are informed that -only one death occurred during the year, and this was by suicide. It -was a young German, who had been in prison only five days, and whose -sentence was only six months. We do not learn that any one at Trenton -ascribes this melancholy event to the effect of convict-separation, but -it would be in keeping with the spirit which has sometimes manifested -itself in discussions of this subject, to set it down as one of the -fruits of the separate system! - -The State Prison of New Jersey is established on the principle of -individual separation. The law provides, that "every convict shall be -confined in one of the cells of the prison, separate and alone, except -in such cases of sickness as are by the act provided for." That is, if -the physician reports to the keeper that a prisoner requires a nurse, -the keeper, with the approbation of the acting Inspectors, may employ -one of the prisoners; and "whenever, in the opinion of the physician, -the enlargement of any prisoner shall be absolutely necessary to the -preservation of life," he may be removed from his cell, "but the -prisoner shall in every such case be kept from the society of other -prisoners, except such as may attend as nurses." - -No language could more clearly express the will of the Legislature that -convict-separation should be the basis of the discipline. In addition -to these positive requirements, the Inspectors are to embrace, in -their annual report to the Legislature, "such remarks and statements -respecting the system of _separate confinement_ and the efficiency of -the same, as shall be the result of their own observation." The same -act authorizes them to make rules and regulations for the prison as -they may deem necessary and proper, "_consistent with the principle of -separate confinement_ and the laws of the State." - -Now we might naturally suppose that a body of law-makers, receiving -such a report of the condition of a body of convicted law-breakers, -from those who are appointed to take care of them, would be slow to -countenance any direct and palpable breach of the law by themselves; -and yet it must have been known to the Legislature of New Jersey that -the provisions of the law establishing the State prison, are rendered -entirely nugatory by their neglect to provide means for executing them. -They are supposed to know that the prison contains but one hundred and -ninety-two cells, and that ten of these are occupied for workshops and -store-rooms. A brisk walk of five minutes would supply the honorable -the Legislature with demonstrative evidence that one hundred and -eighty-two cells would not suffice for the separate confinement of two -hundred and thirty-two prisoners, and hence they would see fifty cells -(7-1/2 by 16 feet) occupied by two tenants each, against the peace and -dignity of the Commonwealth (which has forbidden such association) -and of course "against the form of the statute in such case made and -provided." - -In such an emergency, we might further suppose that measures would -be adopted at once to enlarge the accommodations and to obviate the -alleged necessity for thus openly violating the law, as early as -possible. With this impression, we are surprised that the Executive -of the State, whose particular function it is to see that the laws -are duly executed, does not urge prompt action in the premises. So -far from any intimation of this sort, he speaks of the administration -and management of the prison throughout, as eminently successful and -commendable; of the keeper and officers as having sustained their -reputation for ability and efficiency--of _five thousand dollars_ of -surplus earnings as having been paid into the State treasury during the -year--and of about _two thousand dollars_ paid to discharged convicts -for overwork, all which he thinks exhibits unexampled prosperity in the -affairs of the prison. - -He even goes so far as to say, "_that the discipline has been well -maintained_," adding (rather paradoxically we think,) that the "large -number of prisoners renders it impracticable to observe the law in -relation to solitary" (separate) "confinement, and the necessity of -association impairs to some extent the corrective regulations of the -institution." - -We humbly submit that it is not the "necessity of association," but the -association itself that does the mischief, and farther that Jerseymen -would better understand the case if it were said in plain English, that -until cells enough are built to give each convict a cell by himself, -the occupants will be more likely to become worse than better, at the -expense of the State, and in deliberate violation of its positive laws. - -This view of the case becomes quite imposing, when it is considered -that of the one hundred and ninety-seven convicts, one hundred and -sixty-eight are, or about four-fifths, are in on a first conviction. -Of course, every precaution is essential to give the discipline of the -prison its most benign and efficient influence. It is passing strange -that an enlightened State should pocket five thousand dollars of the -surplus earnings of her convict-population, while the accommodations -for accomplishing the only legitimate objects of the prison are so -narrow as to require a constant violation of the law, and a constant -defeat of its wholesome ends. It may be, however, that to violate -laws has become the rule, and to obey them the exception. As an -illustration, it may suffice to say, in respect to this same New Jersey -State Prison, that the use of tobacco in any form is peremptorily -forbidden by law; yet we are informed, on indisputable authority, that -the prisoners both chew and smoke, and that some of them have taken -their first lessons in these arts after their admission to the prison! - -We have made these suggestions with much freedom, and we hope without -offence. We have hearty, intelligent co-adjutors in Jersey, who are -aiming with us to establish the convict-discipline of the country on -a truly humane, efficient, philosophical and Christian basis. To this -end, we maintain that every prison or place of confinement for persons -charged with or convicted of crime, should furnish a suitable apartment -for each individual, separate from every other individual suspected -or convicted of crime. We have often cited the State prison at Trenton -as one of this class, and have uniformly espoused the views of the -Inspectors and principal officers, at times when they were opposed by -crotchety speculators within or without the prison; and we shall be -greatly disappointed, if means are not promptly used to conform the -discipline to the provisions of law. - - - - -ART. VII.--AN EXTRAORDINARY DOCUMENT. - - -We have before us a stitched pamphlet, entitled "Report on the Subject -of Prisons, by Rev. Alexander L. Hamilton, State Commissioner, to Hon. -Austin King, Governor of Missouri--Referred to the Committee on the -Penitentiary, and three thousand copies ordered to be printed, January -5, 1853," pp. 24. - -The author of this report is, we doubt not, a very worthy and -intelligent gentleman, or he would not have been appointed by the -Executive of Missouri on so important an agency. That he has fulfilled -his mission to the best of his ability, we may also admit; but that -his report contains "such information as is necessary to present the -subject of Prison Discipline fully to the consideration of the next -general assembly of Missouri," we cannot believe. Indeed we do not -hesitate to say that it is entirely deficient in every point that a -report on such a subject, for such a purpose, should embrace. - -Statements are made, which have been disproved over and over again, -until the repetition of them is loathsome to those who have been -familiar with the subject. Principles are set forth as of present -validity, which have been long ago abandoned even by those who once -advocated them. The most ultra partisan opinions and doctrines are -revived, with such an air of sincerity and confidence, as leads us -to believe that the Rev. Commissioner never saw or heard of the -oft-repeated refutation of them. He refers to those whose minds are -steeped in prejudice, as the most reliable and responsible sources of -information; and perhaps we cannot better describe the document, as -a whole, than by saying that it is a synopsis of the reports of the -Boston Prison Discipline Society and Mr. Gray's book, prepared and -printed at the expense of the State of Missouri. - -We owe it to ourselves to cite a passage or two from the report, to -serve as an indication of the qualities we have mentioned. - -As to its rhetoric and logic let the following suffice: - - The conviction forces itself upon my mind, that, if the numerous - weighty objections already given be correct--this (the separate) - system is not only wrong _per se_, but will soon be deserted by - its remaining followers. For if it be true, when alluding to it in - the least objectionable manner, that this system is only suited to - short sentences, as many of its friends and advocates aver, then, - "to all intents and purposes," it must soon be subject to one of - two consequences; either the penal code of the laws of the land - must be so altered as to suit the demand of the system, or the - system must be so altered as to fully come within the demands of - the law. - -As to its facts let the following suffice: - - Upon the separate and solitary principle, the prisoner--good, - bad, or indifferent as he may be, surrounded by his _Bible_, and - such other good books as are given him from time to time, remains - all alone in his cell, from the first of January to the last of - December, until his term of imprisonment expires; and is thus - left to his own reflections by day, and by night--unless paid an - occasional visit by some kind officer of the prison, or by the - chaplain. And hence it is, that in too many instances to justify - the means employed, _insanity_ precedes the work of reformation. - -Were we to cite but a single passage from the report to include the -logic, the rhetoric, the philosophy, the facts, and the reliability of -the statements in a single view, it would be the following: - - Upon my arrival in the city of Boston, Massachusetts, so soon as - I had visited the State prison at Charlestown, and the Boston new - jail, under the guidance of Hon. Louis Dwight, I was convinced - in my own mind that said jail, for the purposes for which it was - designed, was decidedly the _model prison of the age_. - -The commissioner was so fortunate as not only to see "the model prison -of the age," but to obtain from the same source "a design of a model -prison for the State of Missouri;" and so comprehensive and clear -were the conceptions of the commissioner upon the view of these model -edifices and plans, that he made up his mind when he "first saw the -design," (and his views remained unchanged after his return,) "that it -has no superior either in the United States or in Europe." - -Among the inexplicable mis-statements which we find scattered through -the report, we may cite the following: - - As has been proven, beyond all successful contradiction, this - system (the congregate) is not only _more humane_, but it is also - _far less expensive_ than the separate system. - -Nothing is more obvious than that from the very nature of the -discipline, the administration of a prison on the separate plan must be -the least expensive. The first cost of the structure will probably be -greater; but we have supposed it to be conceded on all hands, that a -prison on this plan once erected, the expenses of maintaining it were -much less than those of a congregate prison with equal accommodations. - -While we admit that the first cost of a prison for convict-separation -is greater than that of a congregate prison, we must demur to the Rev. -Commissioner's broad assertion on this point: - - "I speak not unadvisedly," he says, "when I assert, that the - erection of a prison for associate purposes, is not half so - expensive, as the erection of a prison for the separate and - solitary confinement of its inmates--all things considered." - -The most zealous opposers of the separate system have not pushed this -objection to any such extreme, and to any considerate mind it carries -its refutation with it. - -As an inducement to proceed on the plan submitted by the commissioner, -he assures the executive that "the prison once completed and properly -officered, unless in case of some unforeseen accident, will demand of -the State treasury nothing more for at least fifty years! And more -than that," he says, "after paying for itself during the first few -years of its existence, it will thenceforth yield annually a handsome -revenue to the State." - -The cost of the Missouri "Model Prison" is set down at $250,000, and -as a sort of guaranty against any new expense for improvement in after -times, the commissioner has the assurance of one gentleman, (which -another promptly endorses,) that "the principles of the main building -are such as will last for one hundred years!" This gives a chance for a -long nap to our Boston friends. - -We are not without hope that some of the good citizens of Missouri will -get a glimpse of this report of the Rev. Alexander L. Hamilton, and -will insist upon a more intelligent and impartial inquiry, before they -commit themselves, or suffer the Legislature to commit itself to so -large an expenditure, for an institution so permanent, and involving so -many interests of humanity and public economy. - - - - -ART. VIII.--A PHILANTHROPIC PERPLEXITY. - - -Will the publishers of the _Prison Journal_, or some one who has access -to its columns enlighten an honest inquirer after the path of duty? It -is presumed that the combined wisdom and philanthropy of the Prison -Society can furnish all needed direction in the case I have at heart -and in hand. - -Of the grave and multiplied evils that spring from _street begging_, -I have no doubt. Indeed I have done all I could in a private way to -discountenance it. I have never encouraged a second call by a liberal -donation, and perhaps have sometimes seemed harsh and unfeeling. But -I am so well satisfied that it is the most inhuman thing we can do -for the honest poor, and that it favors the arts and schemes of the -dishonest, that I feel constrained to avoid every thing that should -look like countenancing it. My neighbor's gate and door are daily -besieged by women and children with boys and baskets, and they seldom -leave without some token of approval. - -But I must hasten to a statement of my case. I was going to my place -of business on Saturday afternoon, after dining heartily and happily -upon a rare sirloin of beef, and saw a man on the door-steps of a house -in Washington Square. He was perhaps forty years old, (more or less) -rather shabbily dressed, with a dirty bundle under his arm, and some -indications of hard drinking about his face. I noticed that he tried -the handle of the door before he rang the bell, and was thus led to -no very favorable impression of his design. Stepping behind a flight -of steps, I noticed his movements as he went from door to door under -successive rebuffs. As soon as he came up to my standing place, I said -to him, - -"Friend, do you know you are liable to be taken up for begging in the -street?" - -"I war'nt begging. I only asked for a bit of bread and cold meat." - -"Well, you will have a constable after you in a few minutes if you -don't stop that business." - -He turned on his heel and went from me, and as my eye followed him, and -I remembered the well-furnished table from which I had just risen with -no very grateful heart, I felt reproached; and quickening my steps, I -followed and overtook him. - -"Do you say you are hungry, friend?" - -"Yes, I am." - -"Do you live in town?" - -"No, I came in town last night." - -"Where from?" - -"From Emmettsburg." - -"Is that your home?" - -"Yes, I served my time there." - -"What is your business?" - -"Shoemaking." - -"Why did you leave Emmettsburg?" - -"To get work." - -"Well, you had better go to the Mayor's, at the corner of Fifth and -Chestnut Streets, and tell him you have no food, no home and no work." - -Off he went, and I followed by another route, and reached one door -of the office, just as he entered at the other. Unfortunately the -Mayor was at dinner, and I could only tell my story to the officer in -attendance. - -What shall be done with such a man? I asked. - -"We can only send him down to Moyamensing for thirty days, or to -Blockley," was the reply. - -Is that the only alternative--the prison, or the poor house, the latter -with 2,700 inmates, and the former so overstocked as to make it a -positive nuisance? Is it really so? There is work for one hundred men -at this moment, in removing ice from the gutters, making the side walks -passable, and the streets decent, and yet this able bodied vagrant must -be imposed upon the tax-paying public as a prisoner or a pauper! - -As we left the office, we saw the Emmettsburg shoemaker ignobly -introduced to the ward room. I hope it will not be said that this is a -case not likely to occur often, for in that event, I shall feel obliged -to relate half a dozen other instances which have occurred within my -own observation, and the details of which are any thing but agreeable. - -I am clear in the opinion, that there must be some needless and sad -defect in our municipal legislation or administration, if the power and -capacity to work is found twenty-four hours in succession, associated -with vagrancy and mendicity. Am I wrong in this opinion? And whether I -am or not, pray tell me how to treat street-beggars. - - - - -Miscellaneous Notices. - - -VAGRANT CHILDREN OF NEW YORK.--An organization has recently been -effected in the city of New York, under the title of the "_Children's -Aid Society_," the object of which is "to bring humane and kindly -influences to bear on homeless boys--to preach in various modes the -Gospel of Christ to the vagrant children of New York." - -As an evidence of the need of some such agency, it is stated that -in one Ward alone (the eleventh) there were in 1852, out of 12,000 -children between the ages of five and sixteen, only 7,000 who attended -school, and only 2,500 who went to Sunday-school, leaving 5,000 without -the common privileges of education, and about 9,000 destitute of public -religious influence! - -The views of the founders of this charity are summarily presented in a -circular as follows: - - A large multitude of children live in the city who cannot be - placed in asylums, and yet who are uncared for and ignorant and - vagrant. We propose to give to these work, and to bring them under - religious influences. A central office has been taken, and an - agent, (Charles L. Brace,) has been engaged to give his whole time - to efforts for relieving the wants of this class. As means shall - come in, it is designed to district the city, so that hereafter - every Ward may have its agent, who shall be a friend to the - vagrant child. "Boys' Sunday Meetings" have already been formed, - which we hope to see extended until every quarter has its place - of preaching to boys. With these we intend to connect "Industrial - Schools," where the great temptations to this class, arising from - want of work, may be removed, and where they can learn an honest - trade. Arrangements have been made with manufacturers, by which, - if we have the requisite funds to begin, _five hundred boys_, in - different localities, can be supplied with paying work. We hope - too, especially to be the means of draining the city of these - children, by communicating with farmers, manufacturers or families - in the country, who may have need of such for employment. When - homeless boys are found by our agents, we mean to get them homes in - the families of respectable, needy persons in the city, and to put - them into the way of an honest living. - -It has been stated, in the public prints, that of 16,000 commitments -for crime to the prisons of New York during the year, at least -one-fourth were minors, and it is estimated that not less than 10,000 -children in the city are daily suffering all the evils of vagrancy. - - -STREET BEGGING IN NEW YORK.--We have had occasion more than once to -refer, in terms of high commendation, to the New York City organization -for the relief of the poor, corresponding in its main features to -our Union Benevolent Association. We regret to notice very loud and -frequent complaints of the continuance and increase of street-begging, -notwithstanding the laudable exertions of the Society. A leading city -newspaper has said within a week or two, that upwards of a _half -million_ of dollars is annually spent by the authorities and various -societies, in the way of charity, "yet our streets are thronged with -beggars of all descriptions, and particularly the avenues and streets -up town, in almost any of which, upon an average you can see from -thirty to fifty going from house to house, to the excessive annoyance -of families, who are often abused and insulted by them, because you do -not meet their demands. In fact it has become a nuisance of the worst -magnitude." - -There is much reason to apprehend that such nuisances must work their -own abatement. If our authorities were strong enough and independent -enough, to lay hold of the BOYS AND GIRLS who constitute the materials -from which street-beggars are manufactured, and compel them (as a -matter of public safety) to submit to the discipline of an educational -and industrial school, it would make a bright opening in the prospect. -Or, if every man, woman and child who is found begging in the street, -were transferred at once to some charitable institution, (if they -have infirmities which prevent them from labor,) or to some working -institution, (if they are able-bodied,) and there put to some wholesome -labor in exchange for their sustenance and clothing, we should not be -without hope. But we see no way of suppressing the evil, if neither of -these methods is feasible. - - -NEW YORK PRISON ASSOCIATION.--We have seen only newspaper reports of -the proceedings at the eighth anniversary of this active and very -useful Association. We understand that their condemnation of the -yoke and the shower, as modes of punishment, is very emphatic and -unqualified, and among the interesting facts which are drawn from their -report, we select the following:-- - - In the city of New York, since 1848, disorderly conduct (in almost - every instance the result of strong drink) has steadily increased - from 703 to 2,660, or 278 per cent.; intoxication has increased - about 75 per cent., and the two together from 5,579 to 11,280. By - a comparison of the prison statistics for the last five years, it - appears that crimes against property have increased only about 50 - per cent.; but that crimes against the person have increased 129 - per cent., or from 1,300 in 1843 to 2,920 in 1852. - - The increase has been the greatest in the highest crimes. Thus we - find assaults to kill were 25 in 1848, and 39, 59, 61 and 75 in - 1852, or three-fold. Manslaughter, in 1848, was 3, and then 4, 16, - 11 in 1852, almost four-fold. Murder in 1848 was 9, and 9, 15, 21 - and 56 in 1852, or more than six-fold. - - Ninety per cent. of the whole number committed to this prison - during the past year, were intemperate! The returns of sixteen - State Prisons, for the year 1851, give us a grand total of 4,507 - prisoners, 3,006 of whom were imprisoned for offences against - property, and 784 against the person. - - It is stated that there is a greater number of cases of bigamy and - perjury in the State of New York, than in all the other fifteen - States; there being twenty-one cases of bigamy in New York, and - only fifteen in the other States; and seventeen cases of perjury to - three in all the other States. - - The average period of confinement in Connecticut is six years, - seven months, twenty-nine days; and in the Eastern Penitentiary of - Pennsylvania it is only two years, six months and three days. - - -NEW YORK STATE PRISONS.--The report of the State Penitentiaries of -New York bear date December 1, and show that 129 more convicts were -in custody at that time than in December, 1851. Of 1843, the whole -number in confinement, 924 were at Sing Sing, 752 at Auburn and 167 at -Clinton. One hundred and forty-three pardons were granted, or about -1 in every 12 convictions! The expenses of all the prisons exceeded -the earnings by several thousands of dollars, showing the fallacy of -the argument so potent with most Legislatures, that by associating -prisoners in labor they become a source of profit, while separating -them involves great expense. The Clinton prison is going largely into -the iron business and wants more hands. We would respectfully suggest, -whether there are not many persons at large in New York, and some quite -considerable in importance and respectable in appearance, too, who -would find appropriate employment there. - -There has been some increase in the frequency of punishments by the -yoke, the shower bath, the ball and chain, and solitude. - -Of 613 commitments, two-thirds confessed intemperate habits. How many -of the rest were moderate drinkers does not appear. The average degree -of education in the convicts received is less than in some former -reports. - - - IDIOTS IN NEW YORK.--There are two thousand eight hundred idiots - in the State of New York. The report of the superintendent of the - Idiot Asylum, near Albany, contains the following interesting - passage:--"We have taught a child to walk when we had first to - awaken or cultivate a fear of falling, as an incentive to any - efforts on her part. We have awakened perceptions of sounds in - ears where the sense of hearing resided without the use of it. We - have developed perceptions of sight through eyes that had never - performed their appropriate office. We have been teaching children - to speak in every stage of articulation. Cases that three years - since only promised to be hopeless, helpless burdens to their - friends all their lives, have been elevated to the rank of happy, - useful members of society. In almost all cases, and with very few, - if any exceptions, those usually called idiots, under the age of - twelve or fifteen, may be so trained and instructed as to render - them useful to themselves, and fitted to learn some of the ordinary - trades, or to engage in agriculture. Their minds and souls can be - developed, so that they may become responsible beings, acquainted - with their relations to their Creator and a future state, and - their obligations to obey the laws and respect the rights of their - fellow-citizens. In all cases, we believe, for we have seen what - has been accomplished in apparently desperate cases, they can be - made cleanly and neat in their personal habits, and enabled to - enjoy the bounties of Providence and the Comforts of life, and to - cease being incumbrances and annoyances to the families in which - they reside." - - -BE BEFOREHAND WITH THE TEMPTER!--A friend tells us of a case in which -a young girl of considerable personal attraction, was rescued from -impending danger. Her mother was a widow with very scanty means of -support. This girl had a taste for, and some skill in music. Had been -at the public schools, and could read and write with facility, and was -indeed respectably educated for one in her station. Her mother had -determined to take boarders, and to give an air of gentility to her -house, she had also made arrangements to hire a piano. The introduction -of the class of boarders which the mother expected, would have exposed -the child to great danger. A Christian friend saw this, and by timely -and judicious efforts succeeded in securing for her a situation where -she would be protected and prepared for usefulness, and for gaining a -respectable livelihood. - -How much more hopeful such simple preventive measures are, than those -which (though equally well meant) come later, and are at best but -remedial in their character. - - -NEW PENITENTIARY IN MASSACHUSETTS.--We notice in the proceedings of -the Legislature of Massachusetts that it is proposed to build a new -State Prison. It is but a year or two since the Charlestown prison was -greatly enlarged, so as to meet what was supposed to be the demand -for convict-accommodation. It is earnestly to be hoped, that if a new -prison should be erected in that State, the principle of separation -will be adopted. If the two systems could be once fairly tried in -the actual presence of the people of that ancient and intelligent -Commonwealth, we should have strong confidence that the groundless -prejudices against convict-separation would disappear, and that her -example would be set as effectually for the furtherance of correct -views on the important subject of prison discipline, as it has -heretofore been cited for the furtherance of misapprehension and error. - - - STATE PRISON AT CHARLESTOWN, MASS.--The earnings of the inmates - of the Charlestown State Prison, for the year ending September - 30th, 1852, were $6,921.17 over expenses. Of the inmates, 313 are - Americans, 170 foreigners, 35 negroes and 12 mulattoes. - -We have known a succession of annual reports of State prisons to be -published, in which the earnings of the convicts, over and above the -expenditures were quite "showy," but by and by came a change in the -administration, and a balance appears against the concern, sufficient -to swallow up all the previously reported excess of earnings. Each -report of a favorable year made its impression on the public mind, and -hundreds of thousands who were misled by it, will never see a notice -of the detection of the error,--to use no harsher term. We do not mean -to intimate that there is any reason to distrust the foregoing item, -but simply to admonish the reader that such statements are always to be -taken with many grains of allowance. - - -ILLINOIS PENITENTIARY.--We understand that this institution is leased -for a term of years to a person, who allows the State a certain sum for -the labor of the convicts, &c. The report before us embraces the years -1851 and 1852. On the first of January, 1851, the prison contained 170 -convicts. Since that time 38 have died, 41 have been pardoned, 1 has -escaped, and 168 have been discharged by expiration of sentence--making -the whole number discharged within the past two years, 248. During -the same period, 295 have been received, and the whole number now in -confinement is 207. Fourteen only were born in the State of Illinois! - - -NEW STATE REFORM SCHOOL.--The Legislature of New Hampshire at its last -June session, received a report from a Board of Commissioners for the -establishment of a State Reform School, to be located in the town of -Concord, the cost not to exceed $35,000, and to be planned for the -accommodation of 300 boys, but finished at present for 120. An eligible -site has been obtained, and we hope soon to hear that the institution -is conferring wide and lasting benefits upon the community. - - - JUVENILE OFFENDERS.--At the Somersetshire Sessions, held lately at - Wells, England, an interesting discussion took place on the subject - of the punishment and reformation of juvenile offenders. The - subject was brought before the Court by the reading of a circular, - in which the magistrates were called upon to adopt a memorial to - the Marquis of Lansdowne on this important subject. Mr. Lloyd Baker - said he had had the subject under his consideration for the last - fifteen years, and he laid before the Court statistics referring to - the criminal career of a number of youths at that moment confined - in the Gloucester County Prison, showing that they had been, most - of them, previously convicted once or twice; that this kind of - punishment, instead of having a moral effect upon them, appeared - only to have hardened them in crime by their coming in contact with - other bad adult characters, and that their trial and imprisonment - had cost the county from $75 to $100 a-piece. His argument was in - favor of an entirely new system of juvenile reformation. He was - followed by other magistrates, who spoke of the course imposed - upon them, to sentence mere children to confinement in a prison, - as a most unsatisfactory one. There was no moral effect in such - punishments, but, on the contrary, the effect was to break down - the first barrier to crime, and it was found that the shame of - imprisonment was overcome. One of them expressed an opinion that - what was wanted was a public receptacle for offenders of this class - who were not properly "prisoners," but unfortunate individuals - who, by neglect of their parents, had been led into error. He did - not see why it should not be made compulsory upon such parents - who so neglected their offspring as to lead them to crime, to - contribute towards their support in such an establishment, in the - same manner as a runaway parent was called upon to contribute to - the support of his family. The discussion ended in the adoption - of a memorial, which was signed by all the magistrates present, - expressing their conviction, that the present mode of treating - and disposing of juvenile offenders was most inefficient and - unsatisfactory. - - - SINGULAR AVOCATION AND MODE OF LIFE IN LONDON.--In a case of - assault brought before a police-court, a most extraordinary - character appeared as a witness. The man is by profession a - thorough subterranean rat-catcher, for the supply of those who - keep sporting dogs. One-half of his life is spent in quest of prey - from the whole range of the sewerage of London. Furnished with a - bull's eye lantern, a good-sized folding trap, and a short rake, - he enters the main sewer, at the foot of Blackfriar's Bridge, and - pursues his dangerous avocation, waist-deep in mud and filth of - every description. The sewers literally swarm with rats, which he - catches by hand, and places them in his cage as easy as if they - were young kittens. His underground journeys extend for miles. He - has been under Newgate, and along Cheapside to the Mansion House. - He has traversed from Holborn to Islington, closely inspecting all - the passages that enter the grand sewer of the mighty metropolis. - On one occasion, an obstruction occurred to a drain at the foot of - Holborn Hill. Terms were speedily agreed upon, and our subterranean - explorer started off to the foot of Blackfriar's Bridge, and in - half an hour his voice was heard down the gully-hole; he speedily - cleared away the obstruction, and received his reward, thus saving - the expense of breaking up the roadway. It is not, however, to the - rats alone that he pays his attention; he frequently falls in with - a rich prize, particularly in the City sewers. On one occasion he - found a silk purse, containing gold and silver; on another a gold - watch and seals, numbers of silver spoons, rings and other articles - of value. He has been three times attacked with the typhus fever, - but rapidly recovered on each occasion. - - - DEATH FROM SEPARATION!--A London paper tells us, that Mr. Bedford, - the coroner for Westminster, held an inquest lately in Millbank - Penitentiary, touching the death of Thomas Wilkinson, a convict, - aged nineteen years, a clothdresser, who was found one Sunday - morning lying dead and bleeding on the floor of his cell, having - cut his throat with a razor which was given him to shave, _during - the momentary absence of the warder in charge_. From the question - of convict prison discipline having recently been slightly agitated - in the public journals, the separate system was inquired into by - the coroner, who asked Dr. Baily if he could throw any light on - the case, to guide the jury as to the cause of the act. Dr. Baily - thought that it was brooding over the length of his sentence, and - stated further that, during eighteen years, in that prison, from - 1824 to 1842, with an average of 454 prisoners, only three had - committed suicide, but then their sentences were only two, three or - four years. Again, in the ten years as a convict prison, from 1843 - to 1853, there had been thirteen suicides. So that he thought it - was more the length of the sentences than the separate confinement, - although he must own that the latter would accelerate or aggravate - any disease which might be on a prisoner, and also tend to suicide, - by giving them an opportunity when they would be brooding over - a long prospect of imprisonment. The jury returned a verdict to - the effect that the deceased destroyed himself during a state of - temporary insanity, _brought on by the separate system_! - -We have put a few words in italics to mark the absurdity of such -a verdict. (1.) No evidence of insanity is stated, except that -which the fatal act furnishes. (2.) As favorable an opportunity is -offered, during half of every twenty-four hours in a congregate, as -in a separate prison. (3.) If it is brooding over an unusually long -sentence that produces suicidal insanity, the verdict should be, that -the deceased destroyed himself during a state of temporary insanity, -brought on by a mistake of the law or of its administrators! - - -MURDERS IN PHILADELPHIA.--It is our painful duty to record three -deliberate and atrocious murders committed within the bounds of the -city of Philadelphia since our last issue. - -The first was committed in broad day, in one of the most frequented -parts of the city, upon a man in his own store, and was attended with -circumstances of ferocity rarely equalled. The perpetrator of the deed -has not been discovered. - -The second was the wanton butchery of an unoffending man, apparently -without any motive, except the indulgence of a blood-thirsty -malevolence. - -The third was committed upon two unprotected females, and with a -ferocity of which we should hope few human beings are susceptible, even -in their most savage state. The only apparent motive for the cruel and -dastardly deed was a pittance of money. How far the wretched monster on -whom the guilt of this double murder has been fixed by the law and the -testimony, may have been implicated in other deeds of blood ascribed to -him by popular rumor, it is not for us to say, but we suppose there is -no doubt that he was not long since a convict in the State Penitentiary -at Sing Sing, N. Y., and was pardoned by the Executive of that State! - -How much of his term of punishment was abridged by this interposition -of extraordinary clemency, we are not informed; but if the full -execution of his sentence would have carried the period of his -confinement beyond the 10th of March, 1853, it is clear that the -abridgment of it opened the way for the terrible deed which we have -now recorded. And are we not justified in holding the pardoning power -responsible, _in foro conscientiæ_, at least, for the consequences of -taking a convict out of the hands of the ministers of justice, while -he is undergoing wholesome discipline by their order, and sending him -back into the community as one whose punishment was greater than he -deserved? Who knows but that an ill-judged interposition of Executive -power may sometimes breed a contempt for public authority, and -stimulate a reckless convict to more audacious violations of law! - - -MISSOURI INSANE ASYLUM.--This institution is located in Fulton. It was -opened a year since, and has received 70 patients. There are 460 acres -of land attached to it, 30 of which are under culture. Dr. T. R. H. -Smith is the principal physician. - - -MISSOURI PENITENTIARY.--On the 20th of December there were 232 convicts -in custody, of whom 146 were from the county of St. Louis. Of the -countries of their nativity, Ireland furnishes the largest number, and -Germany the next largest. Of the States of the Union, Pennsylvania -furnishes the largest number. We are happy to learn that the physician -is a decided advocate of convict-separation. - - -IT IS SAID, - -(AND WE PRESUME ON GOOD AUTHORITY,) - -1.--THAT, on the 12th of November last, notice was given in the British -House of Commons of a bill for the codification of the criminal laws. - -2.--THAT, in the Massachusetts Legislature, the Committee on Prisons -have reported against allowing the families of convicts a portion of -their earnings. - -3.--THAT, the London Society for improving the condition of the Insane, -have offered a premium of twenty guineas for the best essay that shall -be presented, showing the progressive changes since Pinel's time in -the moral management of the Insane, and the various contrivances to -dispense with mechanical restraints. - -4.--THAT, the Emperor of France has decided, that out of ten millions -of francs appropriated to the improvement of the lodging-houses of the -laboring classes, three millions shall be put at the disposal of the -Minister of the Interior to procure plans! - -5.--THAT, the inmates of the Cincinnati House of Refuge are 235, and -that the number of juvenile culprits at large is fearfully increasing. - -6.--THAT, the three State prisons of New York, (containing 1783 -convicts, of whom only 80 are females,) will require a considerable sum -beyond their earnings for their support, viz.: for the Auburn prison, -$14,000; for the Sing Sing Prison, $7,000; for the Clinton Prison, -$27,000. Yet the Clinton Prison is not regarded as an unsuccessful -experiment! - -We hope this important fact will be known to the Missouri Legislature -before they determine to adopt the congregate system, on the ground of -its economy. "As a general thing," says the report of a commissioner of -Missouri on that subject, "the prisons employing this" (the associate -system) "support themselves." It is wise to look before we leap. - -7.--THAT, very favorable commencement has been made in the -establishment of an institution in or near Philadelphia, for the -instruction of idiots and feeble-minded children. - -8.--THAT, the Deaf and Dumb Asylum at Jacksonville, Ill., admitted -during its last term 100 pupils, 94 of whom were from within the State. -The whole number of mutes in the State is estimated at 500. - -9.--THAT, the Illinois Asylum for the Blind has in it 25 pupils. The -whole number of the blind in the State is estimated at only 60. A -building is nearly ready for their accommodation. - -10.--THAT, the Illinois State Lunatic Asylum admitted during the year -138 patients, of whom 38 were restored to sanity, 50 were discharged, -and 82 remain under treatment. - -11.--THAT, the rite of confirmation, as observed in the Established -Church of England, was lately administered by the Bishop of Manchester -to 28 prisoners in the gaol in that town, varying in age from 14 to 55 -years. The whole scene is represented as having been very impressive. - -12.--THAT, the number of idiots in the State of New York is not less -than 2,800, of whom one-fourth are under 14 years of age. There are 42 -pupils in the State institution for idiots, 30 of whom are supported -by the State. The trustees recommend the purchase of a building having -accommodations for 100 pupils, of whom 64, (eight from each judicial -district,) it is proposed to support at the expense of the State; and -the remaining 36, by friends. The estimated cost of a suitable building -is $20,000; and the annual appropriation necessary to maintain the -establishment will be $10,000. - -13.--THAT, a new organization of the police of New York contemplates -the total release of the policemen from all political influence, as it -provides that they shall hold their offices during good behavior, and -shall only be removed for neglect of duty or the violation of police -regulations. That the Chief of Police shall be appointed by the Mayor, -with the approval of the Board of Aldermen, and not the Common Council, -as has been the law hitherto; that every policeman appointed must be -a citizen of the United States, and a resident of the ward for which -he has been nominated. He must also present to the Mayor, with his -certificate of nomination, another, signed by twenty-five reputable -citizens, two-thirds of whom must reside in the ward at the time of -signing the certificate, certifying that they have been personally -acquainted with him five years last past, and that during that time -he has borne a good character for honesty, morality and sobriety. He -must also present to the Mayor a certificate from the Chief of Police, -certifying that the said applicant can read with ease, and write -legibly the English language, that he well understands the first four -rules of arithmetic, and that he is a proper person to appoint to said -office. - -These rules if faithfully observed, would probably exclude some of the -present incumbents in most of our cities. - -14.--THAT, the whole number of convicts in the Illinois Penitentiary -is 227, and the whole expense of conveying convicts from the counties -in the State to the penitentiary, is $14,990.05! The Governor thinks -it unwise to have a very large number of convicts congregated in one -prison, and he submits to the consideration of the Legislature, whether -the public interest in regard to this subject would not be better -subserved by building another penitentiary, to be located at some -eligible point in the northern part of the State. - -We hope one of them, at least, will be established on the Pennsylvania -system. - -15.--THAT, a little ragged urchin, begging in the streets of Detroit, -was asked by the lady of the house (where his baskets had been well -replenished,) if his parents were living? "Only dad, marm," said the -boy. "Then you've enough in your basket now, to feed the family for -some time," said the lady. "Oh! no I haven't neither," said the lad, -"for dad and me keeps five boarders; he does the housework, and I does -the market'n." - -16.--THAT, a new edifice for the New York Deaf and Dumb Institution is -to be built, the present location having been rendered ineligible for -such a purpose, by the opening of new thoroughfares. The site selected -is in the vicinity of Fort Washington, near the line of the Hudson -River Rail-road, and the cost of the site and building is estimated at -$120,000. - -17.--THAT, on the 1st day of January the population of the New -York City Almshouse was 5557; out-of-door paupers, 1332; total, -6909--sufficient to stock a large village. - -18.--THAT, the practice prevails among certain of the magistrates of -the county of Philadelphia, (names not given,) of committing to the -county prison persons known to be guiltless of any offence to justify -their commitments--that such persons are sometimes retained in prison -for weeks, and it is added, that this reprehensible system puts the -county to an increased expense, merely to place costs in the pockets of -the committing magistrates. - -19.--THAT, instruction on the Phonetic plan has been given with much -success in several of the penal institutions abroad, among which are -the Preston House of Correction and the Glasgow Bridewell. - -20.--THAT, not a single case has yet been known of a convict's losing -his reason as a necessary and natural consequence of being separated -from other convicts. - - -ACKNOWLEDGMENTS. - -We have to express our thanks to various friends for their thoughtful -kindness in forwarding us copies of reports, and among them are the -following: - -Annual reports of the Officers of the New Jersey State Lunatic Asylum -for 1852. - -Twentieth Annual Report of the State Lunatic Hospital at Worcester, -Mass. for 1852. - -Report of the Pennsylvania Hospital for the Insane for the year 1852. - -Tenth Annual Report of the State Lunatic Asylum of the State of New -York, 1852. - -Annual Report of the State Lunatic Asylum at Harrisburg, Penn. - -Twenty-Fourth Annual Report of the Inspectors of the Eastern State -Penitentiary of Pennsylvania, 1852. - -Report of the Inspectors of the Western State Penitentiary of -Pennsylvania for 1852. - -Sixteenth Annual Report of the Board of Directors of the Pennsylvania -Institution for the Deaf and Dumb, 1852. - -Twentieth Annual Report of the Managers of the Pennsylvania Institution -for the Instruction of the Blind for 1852. - -Report of the State Prison of New Jersey for 1852. - -Sixth Annual Report of the Trustees of the State Reform School at -Westborough, Mass. - -Twenty-Seventh Annual Report of the Board of Managers of the Prison -Discipline Society of Boston, 1851-2. - -Act of Incorporation, By-Laws, &c., of New York Juvenile Asylum. - -Twenty-Eighth Annual Report of the Managers of the Society for the -Reformation of Juvenile Delinquents of New York, 1852. - -Annual Report of Board of Managers of Philadelphia Charity Schools, -1852. - -Report of Managers of the Magdalen Society for 1852. - -Annual Report of the Managers of the Boston Asylum and Farm School for -1852. - -Eight Report of the Baltimore Manual Labor School for Indigent Boys for -1852. - -Report of Commissioners on the State Reform School of Pennsylvania. - - * * * * * - - - PREMIUM FOR AN ESSAY ON JUVENILE DELINQUENCY.--At a meeting of - the Board of Managers of the House of Refuge, Philadelphia, the - following preamble and resolution were adopted, viz: - - _Whereas_, The increase of Juvenile Delinquency in all the - large cities of our country, has claimed the attention of - philanthropists; and _whereas_, the Board of Managers of the House - of Refuge, Philadelphia, are desirous that errors in modes of - training the young, and other causes co-operating to produce the - evil referred to, may be presented in such a form as to claim the - serious consideration of parents and guardians throughout the land; - therefore, - - _Resolved_, That the Board of Managers do offer a premium of one - hundred dollars for the best essay, and fifty dollars for that - next in order of merit, to be awarded by a committee of literary - gentlemen: _Provided_, that such essays shall not exceed fifty - octavo pages in length, and shall be contributed before the - first day of July, A. D. 1853; and whether successful or not in - competition, shall be at the absolute disposal of the Board of - Managers. - - In accordance with the above preamble and resolution, the premiums - therein named are now offered, without restriction as to the - residence of competitors. - - The Rt. Rev. Alonzo Potter, Frederick A. Packard, Esq., and Stephen - Colwell, Esq., have consented to act as the Committee, to examine - and adjudge as to the merits of the Essays offered in competition. - - Competitors for the above named premiums, will please address - their manuscripts to "John Biddle, No. 6 South Fifth Street, - Philadelphia;" and send therewith, their names and places of - residence, under sealed envelopes. - - As the object of the Board of Managers of the House of Refuge in - offering the above-named premiums, is mainly to call the attention - of parents and guardians to errors in the prevalent modes of - training the young--a subject which should claim the attention of - every reader--the undersigned would call the attention of editors - of newspapers generally, throughout the United States, to this - advertisement, and ask the favor of an insertion of it, or of the - more important parts of it, in the columns of their papers. - - By order of the Board of Managers of the House of Refuge. - - THOS. P. COPE, President of H. of R. - JOHN BIDDLE, Secretary of H. of R. - - _Philadelphia, Feb. 17, 1853._ - - - - - { Third page of cover. } - - _From the Episcopal Recorder._ - - This periodical gives a large amount of information on Prison - Discipline, and cannot fail to interest such as grieve over the - sufferings occasioned by crime, and regard the imprisoned criminal - as still belonging to our common humanity, and needing the - commiseration of the wise and good. - - - _From the Public Ledger._ - - We have received the October number of the Pennsylvania Journal of - Prison Discipline and Philanthropy, published under the direction - of the Philadelphia Society for alleviating the Miseries of Public - Prisons. It is stored with interesting matter. - - - _From the Presbyterian._ - - We have been reading with great interest the Pennsylvania Journal - of Prison Discipline and Philanthropy. - - - - -AN INQUIRY - -INTO THE ALLEGED TENDENCY OF THE SEPARATION OF CONVICTS, ONE FROM THE -OTHER, TO PRODUCE DISEASE AND DERANGEMENT. - -BY A CITIZEN OF PENNSYLVANIA. _Philadelphia_: E. C. & J. Biddle. 1849. - - -It is, as might possibly be anticipated from the residence of the -author, an elaborate and ardent defence of the separate system of -confinement. The charge of its peculiar tendency to induce disease and -insanity, is altogether denied, and the testimony of the successive -physicians to the Eastern State Penitentiary, during a term of nearly -twenty years, goes very satisfactorily to warrant the denial. - -The author is not, however, inclined to rest at this, but carries the -war into the enemies' camp. The chapter entitled Medical Practice, -in a Congregate Prison, is calculated to attract attention, from the -positions laid down in it, and their startling illustrations, deduced -from the well known case of Abner Rogers. It is not the time or the -place for us to enter on this warmly controverted subject, and we -have noticed the work only on account of its bearing on the subject -of insanity, and as forming a part of its literature.--_Am. Journal -of Insanity, published by the Superintendent of the New York Lunatic -Asylum, July, 1850._ - -So far as the leading controversy, in regard to the rival systems of -prison discipline, is concerned, it seems to us to cover the entire -ground with singular ability.--_Princeton Review._ - -☞ A few copies of this pamphlet are still on hand, and may be had on -application to the publishers, corner of Fifth and Minor streets, or to -any member of the Acting Committee. - - - - -OFFICERS FOR 1852-3. - - - PRESIDENT--James J. Barclay. - VICE-PRESIDENTS--Townsend Sharpless, Charles B. Trego. - TREASURER--Edward Yarnall. - - SECRETARIES AND COMMITTEE OF CORRESPONDENCE-- - William Parker Foulke, Edward Townsend. - - COUNSELLORS. - Job R. Tyson, Garrick Mallery. - - -ACTING COMMITTEE. - -James J. Barclay, Townsend Sharpless, Charles B. Trego, Edward Yarnall, -William Parker Foulke, Edward Townsend, Job R. Tyson, Garrick Mallery, -F. A. Packard, Jeremiah Hacker, William Shippen, Charles Ellis, A. T. -Chur, Morris Wickersham, M. W. Baldwin, Mark Balderston, Joshua L. -Baily, Thomas Latimer, Josh. T. Jeanes, John M. Wetherill, Horatio C. -Wood, John Lippincott, John J. Lytle, Henry M. Zollickoffer, William S. -Perot, Benjamin J. Crew, Isaac G. Turner, William U. Ditzler. - -☞ Quarterly Meeting of the Society, 2nd second day (Monday) of January, -April, July and October. - - -INSPECTORS OF THE STATE PENITENTIARY FOR THE EASTERN DISTRICT OF -PENNSYLVANIA. - -John Bacon, Richard Vaux, Hugh Campbell, Singleton A. Mercer, Andrew -Miller. - - WARDEN--John S. Halloway. - RESIDENT PHYSICIAN--D. W. Lassiter, M. D. - MORAL INSTRUCTOR--Thomas Larcombe. - CLERK--William Marriott. - TEACHER--George Neff. - - -VISITING COMMITTEE OF THE EASTERN PENITENTIARY. - -Townsend Sharpless, Edward Townsend, James J. Barclay, A. Theodore -Chur, Joshua J. Jeanes, Matthias W. Baldwin, Joshua L. Baily, John -Lippincott, John J. Lytle, Horatio C. Wood, Isaac G. Turner, Benjamin -J. Crew. - - -INSPECTORS AND OFFICERS OF THE PHILADELPHIA COUNTY PRISON. - - PRESIDENT.--Jesse R. Burden, M. D., - TREASURER.--T. C. Bunting. M. D., - SECRETARY.--E. A. Penniman, - -Edward C. Dale, Samuel Palmer, Robert O'Neill, Hugh O'Donnell, Thomas -E. Crowell, Godfrey Metzger, Charles T. Jones, Joseph K. Howell, Joshua -S. Fletcher, William Elliott, Samuel McManemy, John T. Smith. - - SUPERINTENDENT.--Anthony Freed. - DEPUTY SUPERINTENDENTS.--William B. Perkins, John Mirkil. - CLERK.--Wm. J. Crans. - MATRON.--E. McDaniel. - PHYSICIAN.--Dr. J. C. Wall. - MORAL INSTRUCTOR.--Rev. Wm. Alexander. - -ASSISTANT KEEPERS--C. Stagers, William Sharp, H. C. Snyder, Alexander -Campbell, F. Laird, J. B. Haines, A. Morrison, Alexander Burden, J. -Watt, G. Kirkpatrick, William McGrath. - - -VISITING COMMITTEE ON THE COUNTY PRISON. - -William S. Perot, Dr. William Shippen, Jeremiah Hacker, H. M. -Zollickoffer, Thomas Latimer, Paul T. Jones, Morris S. Wickersham, John -M. Wetherill, Charles Ellis, B. B. Comegys, William U. Ditzler. - - - - -Transcribers' Notes. - - -Italics are rendered between underscores; e.g. _Princeton Review._. - -Small caps are rendered in ALL CAPS. - -A paragraph, which was split between the second page of the cover and -the third page of the cover (inside front and inside back), was joined -together on the second page. - -The beginning of the third page of the cover was marked with a notation -between curly brackets ({ Third page of cover. }). - -The table in Article IV was split into two tables to better fit on the -page. - -The following table shows changes made by the transcriber. Page# refers -to the ordinal number of the printed page for this issue. Page 2 is the -inside front cover. Page 8 is the eighth page in this issue (which was -numbered 58 for the year). Page 20 is the twentieth page in this issue -(which was numbered 70), and so on. Page 60 is the outside back cover. - - +--------------------------------------+ - | Change table | - |-----+-----------------+--------------| - |Page#| original | changed to | - |-----+-----------------+--------------| - | 2 |expresse |expressed | - | 8 |there |their | - | 20 |substracted |subtracted | - | 24 |attractions; |attractions;" | - | 26 |mismangement |mismanagement | - | 26 |impunity. |impunity." | - | 32 |viz |viz. | - | 34 |seasonable |reasonable | - | 39 |homocidal |homicidal | - | 45 |considered. |considered." | - | 45 |years! |years!" | - | 46 |VIII |VIII. | - | 47 |Unforfortunately |Unfortunately | - | 55 |viz |viz. | - | 56 |THAT |—THAT | - | 57 |THAT |—THAT | - | 60 |Matron |Matron. | - | 60 |Wickersham |Wickersham, | - +-----+-----------------+--------------+ - - - - - -End of the Project Gutenberg EBook of The Pennsylvania Journal of Prison -Discipline and Philanthropy, April, by Anonymous - -*** END OF THIS PROJECT GUTENBERG EBOOK PENNS. 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