Perhaps, however, of all evidence, the most conclusive is that afforded by the prison of Valencia. When, in 1835, Colonel Montesinos was appointed governor, “the average of re-committals was from 30 to 35 per cent. per annum—nearly the same that is found in England and other countries in Europe; but such has been the success of his method, that for the last three years there has not been even one re-committal to it, and for the ten previous years they did not, on an average, exceed 1 per cent.” And how has this marvellous change been brought about? By diminished restraint and industrial discipline. The following extracts, taken irregularly from Mr. Hoskins’s Account of the Public Prison at Valencia, will prove this:—
“When first the convict enters the establishment he wears chains, but on his application to the commander they are taken off, unless he has not conducted himself well.”
“There are a thousand prisoners, and in the whole establishment I did not see above three or four guardians to keep them in order. They say there are only a dozen old soldiers, and not a bar or bolt that might not be easily broken—apparently not more fastenings than in any private house.”
“When a convict enters, he is asked what trade or employment he will work at or learn, and above forty are open to him. . . . . There are weavers and spinners of every description; . . . . blacksmiths, shoemakers, basketmakers, ropemakers, joiners, cabinetmakers, making handsome mahogany drawers; and they had also a printing machine hard at work.”
“The labour of every description for the repair, rebuilding, and cleaning the establishment, is supplied by the convicts. They were all most respectful in demeanour, and certainly I never saw such a good-looking set of prisoners, useful occupations (and other considerate treatment) having apparently improved their countenances. . . . . [And besides a] garden for exercise planted with orange trees, there was also a poultry yard for their amusement, with pheasants and various other kinds of birds; washing-houses, where they wash their clothes; and a shop, where they can purchase, if they wish, tobacco and other little comforts out of one-fourth of the profits of their labour, which is given to them. Another fourth they are entitled to when they leave; the other half goes to the establishment, and often this is sufficient for all expenses, without any assistance from the Government.”
Thus the highest success, regarded by Mr. Hoskins as {178} “really a miracle,” is achieved by a system most nearly conforming to those dictates of absolute morality on which we have insisted. The convicts are almost, if not quite, self-supporting. They are subject neither to gratuitous penalties nor unnecessary restrictions. While made to earn their living, they are allowed to purchase such enjoyments as consist with their confinement: the avowed principle being, in the words of Colonel Montesinos, to “give as much latitude to their free agency as can be made conformable to discipline at all.” Thus they are (as we found that equity required they should be) allowed to live as satisfactorily as they can, under such restraints only as are needful for the safety of their fellow-citizens.
To us it appears extremely significant that there should be so close a correspondence between a priori conclusions, and the results of experiments tried without reference to such conclusions. On the one hand, neither in the doctrines of pure equity with which we set out, nor in the corollaries drawn from them, is there any mention of criminal-reformation: our concern has been solely with the rights of citizens and convicts in their mutual relations. On the other hand, those who have carried out the improved penal systems above described, have had almost solely in view the improvement of the offender: the just claims of society, and of those who sin against it, having been left out of the question. Yet the methods which have succeeded so marvellously in decreasing criminality, are the methods which most nearly fulfil the requirements of abstract justice.
That the most equitable system is the one best calculated to reform the offender, may indeed be deductively shown. The internal experience of every one must prove to him, that excessive punishment begets, not penitence, but indignation and hatred. So long as an aggressor suffers nothing beyond the evils which have naturally resulted from his misconduct—so long as he perceives that his fellow-men have done no more than was needful for self-defence—he {179} has no excuse for anger; and is led to contemplate his crime and his punishment as cause and effect. But if gratuitous sufferings are inflicted on him, a sense of injustice is produced. He regards himself as an injured man. He cherishes animosity against all who have brought this harsh treatment on him. Glad of any plea for forgetting the injury he has done to others, he dwells instead on the injury others have done to him. Thus nurturing a desire for revenge rather than atonement, he re-enters society not better but worse; and if he does not commit further crimes, as he often does, he is restrained by the lowest of motives—fear. Again, this industrial discipline, to which criminals subject themselves under a purely equitable system, is the discipline they especially need. Speaking generally, we are all compelled to work by the necessities of our social existence. For most of us this compulsion suffices; but there are some whose aversion to labour cannot be thus overcome. Not labouring, and yet needing sustenance, they are compelled to obtain it in illegitimate ways; and so bring on themselves the legal penalties. The criminal class being thus in great part recruited from the idle class; and the idleness being the source of the criminality; it follows that a successful discipline must be one which shall cure the idleness. The natural compulsions to labour having been eluded, the thing required is that the offender shall be so placed that he cannot elude them. And this is just what is done under the system we advocate. Its action is such that men whose natures are ill-adapted to the conditions of social life, bring themselves into a position in which a better adaptation is forced on them by the alternative of starvation. Lastly, let us not forget that this discipline which absolute morality dictates, is salutary, not only because it is industrial, but because it is voluntarily industrial. As we have shown, equity requires that the confined criminal shall be left to maintain himself—that is, shall be {180} left to work much or little, and to take the consequent plenitude or hunger. When, therefore, under this sharp but natural spur, a prisoner begins to exert himself, he does so by his own will. The process which leads him into habits of labour, is a process by which his self-control is strengthened; and this is what is wanted to make him a better citizen. It is to no purpose that you make him work by external coercion; for when he is again free, and the coercion absent, he will be what he was before. The coercion must be an internal one, which he shall carry with him out of prison. It avails little that you force him to work; he must force himself to work. And this he will do, only when placed in those conditions which equity dictates.
Here, then, we find a third order of evidences. Psychology supports our conclusion. The various experiments above detailed, carried out by men who had no political or ethical theories to propagate, have established facts which we find to be quite concordant, not only with the deductions of absolute morality, but also with the deductions of mental science. Such a combination of different kinds of proof, cannot, we think, be resisted.
And now let us try whether, by pursuing somewhat further the method thus far followed, we can see our way to the development of certain improved systems which are coming into use.
Equity requires that the restraint of the criminal shall be as great as is needful for the safety of society; but not greater. In respect to the quality of the restraint, there is little difficulty in interpreting this requirement; but there is considerable difficulty in deciding on the duration of the restraint. No obvious mode presents itself of finding out how long a transgressor must be held in legal bondage, to insure society against further injury from him. A longer period than is necessary, implies an actual injustice to {181} the offender. A shorter period than is necessary, implies a potential injustice to society. And yet, without good guidance, one or other of these extremes is almost sure to be fallen into.
At present, the lengths of penal sentences are fixed in a manner that is wholly empirical. For offences defined in certain technical ways, Acts of Parliament assign transportations and imprisonments, having durations not greater than so much nor less than so much: these partially-determined periods being arbitrarily fixed by legislators, under the promptings of moral feeling. Within the assigned limits the judge exercises his discretion; and in deciding on the time over which the restraint shall extend, he is swayed, partly by the special quality of the offence, partly by the circumstances under which it was committed, partly by the prisoner’s appearance and behaviour, partly by the character given to him. And the conclusion he arrives at after consideration of these data, depends very much on his individual nature—his moral bias and his theories of human conduct. Thus the mode of fixing the lengths of penal restraints, is from beginning to end, little else than guessing. How ill this system of guessing works, we have abundant proofs. “Justices’ justice,” which illustrates it in its simplest form, has become a bye-word; and the decisions of higher criminal court frequently err in the directions of both undue severity and undue lenity. Daily there occur cases of extremely-trifling transgressions visited with imprisonments of considerable lengths; and daily there occur cases in which the punishments are so inadequate, that the offenders time after time commit new crimes, when time after time discharged from custody.
Now the question is whether, in place of this purely empirical method which answers so ill, equity can guide us to a method which shall more correctly adjust the period of restraint to the requirement. We believe it can. We believe that by following out its dictates, we shall arrive {182} at a method that is in great measure self-acting; and therefore less liable to be vitiated by errors of individual judgment or feeling.