3. It is a question of greater doubt how to treat juvenile offenders. When we observe the admirable success of the House of Reformation at South Boston, and of the Penal Colony at Mettray, in France, both conducted on the social principle, we may well hesitate; though, on the other hand, the marked success of the institution of La Roquette, at Paris, under peculiar difficulties, shows that the principle of absolute separation may be applied even to this class of offenders. Here certainly is a question worthy of consideration.
4. Shall the Separate System be applied in any case to women? The authority of Mrs. Fry, in England, who at first disapproved the system, but at the close of her valuable life approved it, even for her own sex, also that of Mademoiselle Josephine Mallet, in France, who has declared herself warmly for this system, entitle this question to careful attention.
5. And, lastly, shall the Separate System be applied to convicts for long terms? This is, indeed, the crucial question, involving statistics of health and insanity, and many other considerations, on which much light is shed by the experience of Europe, as well as our own country, and also by writings of eminent characters devoted to this subject. Here we may well hesitate, and open our minds to influences from all quarters.
The way is now prepared to consider whether our Society, in unfolding what may be called the science of Prison Discipline, has treated the Pennsylvania System, involving the several questions already stated, with candor and justice. The question is not whether this system is preferable in all cases to every other, or whether there is any other preferable to this, but simply, Has our Society been candid and just? An examination of its course furnishes an easy answer.
It appears that our Society has failed to make any discrimination with regard to the different classes of cases which I have set forth, indulging in one constant, sullen, undistinguishing, uncompromising opposition to the system in all cases,—so much so as to give occasion for an eminent foreign writer to say that it had sworn against it "war to the knife." Early in its existence it gave its adhesion to the Auburn Prison, saying, "Here, then, is exhibited what Europe and America have been long waiting to see,—a prison which may be made a model for imitation." This adhesion was confirmed by the declaration of an officer of our Society, at a public anniversary in 1837, that the System of Auburn was "our system," and still more by a resolution of similar effect offered in 1838 by the Treasurer, who now opposes, not unnaturally, the efforts to release the Society from the bands he helped to tie.
I do not found complaint merely on the character of advocacy which our Reports have assumed, though it were well worthy of inquiry whether this is not improper in an association like ours. I go further. I wish to state distinctly, that, in the zeal of devotion to Auburn, and in the frenzy of hostility to Pennsylvania, we have been betrayed into a course which no candid mind can hesitate to regret. I will not dwell on language that fell from our Secretary at the anniversary of 1845, which was in part the occasion of the letter from President Wayland already read; nor am I able to review all our Reports. One will be enough. I confine myself to the Eighteenth Report, which appeared in 1843.
This Report has already been the subject of much remark here and elsewhere. A French writer of authority, M. Moreau-Christophe, Inspector-General of Prisons in France, has characterized it as "a perversion of truth";[178] while an English author has spoken of it in stronger terms. "With the nature of framing recurring documents connected with public institutions we are not unacquainted," says Mr. Adshead, "and we believe a more flagrant instance of trickery has never come within the range of our experience."[179] I am unwilling to adopt this language; but I cannot forbear terming the Report uncandid and unjust. This I shall show; and I am especially moved to do so, since the Treasurer has undertaken to vindicate it, and to vouch for the accuracy of its quotations. I shall consider it under six different heads.
First. It adduces against the Pennsylvania System the failure of experiments in Maine, New York, New Jersey, and Virginia, on the principle of absolute solitude without labor, which, of course, were entirely inapplicable in the discussion of a system recognizing labor and many other solaces as essential parts of the system. Was this candid? Was it just?
Secondly. Here is a more pungent instance, though not more objectionable. The Report adduces the authority of Mr. George Combe against "the Pennsylvania System." The article or chapter on this point is entitled, in capitals, "Dr. [Mr.] Combe's Opinion of the Pennsylvania System." Under this head are extracts from his book of travels in America, where this eminent phrenological observer considers the character of this system. But will the Society believe that one at least of these extracts is garbled, so as not to express his true and full opinion of the system? The Eighteenth Report quotes from Combe as follows:—