Unius scabie cadit, et porrigine porci,
Uvaque conspecta livorem ducit ab uva."[123]
From the inherent nature of things, this contagion must be propagated by the Congregate system, while the Separate system does all that man can do to restrain it. By the latter, as successfully administered, the prisoner is, in the first place, withdrawn, so far as possible by human means, from all bad influences, while, in the second place, he is brought under the operation of good influences. The mind is naturally diverted from thick-coming schemes of crime, and turned to thoughts of virtue. What in it is bad, if not entirely subdued, is weakened by inactivity, while the good is prompted to constant exercise.
It cannot be questioned, then, on grounds of reason, independent of experience, that the Separate system is better calculated to promote that great object of Prison Discipline, the reformation of the offender. With this recommendation alone it would be entitled to the regard of all who feel that the return of a single sinner is blessed.
But a further object is secured. As the prisoners never see one another, they leave the penitentiary, at the expiration of their punishment, literally unknowing and unknown. In illustration of this fact, the delightful incident is mentioned, that the keeper of the Philadelphia Penitentiary once recognized three persons at the same place, engaged in honest labor, who had been in his custody as convicts, though neither knew the career of the other two. Discharged prisoners are thus enabled to slide back into the community, without the chilling fear of untimely recognition by those with whom they congregated in the penitentiary. They cannot escape the memory of the punishment they have endured; but the brand is not upon the forehead. They are encouraged to honest exertion by the hope of retrieving, on a distant spot and under a new name, the fair character they have lost; while, on the other hand, if evil-minded, they have no associations of the prison to renew, or to stimulate to conspiracy against society.
A system of Prison Discipline with these benign features must long ago have commended itself to general acceptance, if it had not been opposed with exceptional ardor on grounds which, though in reality little tenable, are calculated to exercise influence over the ignorance and prejudice of men.
The first objection is, that it is productive of insanity, from an unnatural deprivation of society. However just this may be when directed against the Solitary system, it is inapplicable to what is called the Separate system, which does not exclude the idea of society, and, as practically administered at Philadelphia and elsewhere, supplies both society and labor in ample measure. If the prisoner is not indulged with society enough, it is a fault in the administration of the system, and not in the system itself. In the publications of the Boston Prison Discipline Society, elaborate tables have been arranged showing a tendency to insanity in the Penitentiary at Philadelphia; but careful and candid inquiry will demonstrate that these are founded in misapprehension, and will exonerate that institution from such imputation. The highest authorities in medicine have distinctly declared, that the Separate system, if properly administered, with labor and conversation, does not affect the reason. The names of Esquirol and Louis give to this opinion the strongest sanction of science throughout the civilized world. The same conclusion was affirmed with precision and fervor by Lélut, in an elaborate memoir before the Institute of France, and also by the Scientific Congress assembled at Padua in 1843, and at Lucca in 1844.
The second objection charges the Separate system with being unfavorable to health, as compared with the Congregate system. In reply we merely say, that the great names in medicine to which we have already referred expressly deny that it has any influence in shortening life; while a statistical comparison of several penitentiaries conducted on the Congregate system with the Philadelphia Penitentiary attests the superiority of the latter in this respect.
The third and last objection is founded on the increased expense of the Separate system. The Congregate system is recommended by suggestions of economy and clamors of cupidity. It is said to be put into operation at less cost, and afterwards to support itself, and even to bring profit to the State. We are sorry to believe that this consideration has had an extensive influence. It is humiliating to suppose that Government would hesitate to adopt a system founded on enlightened humanity because another might be had for less money,—counting the unworthy gain or the petty economy as of higher consequence than the reformation of an offender. Such a course were unworthy of our civilization. The State has sacred duties to the unfortunate men it takes into its custody. It must see not only that they receive no harm, but that they enjoy all means of improvement consistent with their condition,—that, while their bodies are clothed and fed, their souls are not left naked and hungry. It assumes the place of parent, and owes a parent's care and kindness; or rather, when we consider that the State itself is child of the people, may we not say that it should emulate that famous Roman charity, so often illustrated by Art, which descended into the darkness of a dungeon, to afford an exuberant, health-giving bosom to the exhausted being from whom it drew its own life.
Notwithstanding the uncompromising hostility the Separate system has encountered, it wins constant favor. Many prisons are built on this plan, and experience comes to confirm the suggestions of humanity and science. The Penitentiary at Philadelphia, which first proved its superiority, was followed in 1833 by one at Pittsburg and by a County Prison at Alleghany, and in 1841 by another County Prison, on the same system, at Harrisburg. In 1834 New Jersey followed the example of her neighbor State, and established a penitentiary on this system at Trenton.