The enlightened and excellent Count Gasparin, in a letter to George Sumner of Boston, then in Paris, in commending the system (with the practical operation of which in France he was perfectly familiar), says, “Every government which in the actual state of society, and of the progress of social science, adopts any other than the Separate System, will expose itself to the necessity of having, before long, to reconstruct its prisons.”
Insanity.—In a short paragraph in our last Annual Report, we think that we fully met and refuted the charge frequently made by the opponents of the system, that its discipline is liable to produce insanity, and relieved the humane feelings of those who were under a sincere, but mistaken apprehension of this result, by referring to the close and systematic observation which had for many years been directed to this point, in the Eastern State Penitentiary of Pennsylvania, which established the fact, that instead of the mental health of the prisoners having been injured, it had in the aggregate been decidedly improved during their confinement. We propose now, in support of this position, to introduce the testimony of two acute observers of the operation of the same system in France. First, the distinguished Physician, Dr. Lelut, known in America as well as in Europe, by his important work on Insanity, &c., in speaking of the results of an examination of the prisons on the Separate System, which he had made by direction of the French Government, states that there were then in France twenty-three such prisons, and that he had examined about half of them,—and goes on to say, “In all these houses, I have confirmed de visu, what was previously declared by theory, that the Separate System, independent of all the facilities which it offers, for elementary and professional instruction, for the moral and religious education of the prisoners, for religious exercises—independent of the circumstance that it alone prevents prisoners from associating with each other, and from corrupting each other—that it causes infinitely fewer cases of death and insanity than any other system of imprisonment. The actual condition of our cellular houses, their history, which covers already a period of three, four, and five years, the testimony of their directors, of their physicians, of their visitors, do no leave any doubt upon this important point.”
The Prefect of the Department, in enclosing to the Government the Reports of the Chaplain, Physician and Directors of the Prison of Tours in France, writes thus: “These Reports establish in the most complete manner, that in regard to the sanitary condition, and the moral education of the prisoners, the system of total separation, so violently and so unjustly attacked, produces the most remarkable results. Of a total number of 1,626 persons who have entered the prison since its inauguration, 16 only have been transferred to the hospital, and one only has died,—and this single case of death was an old man of seventy, who was laboring under a chronic affection of the lungs. If we seek for the influence which it exercises on the intellectual faculties of the prisoners, we must recognize, that far from disturbing their reason, it produces on their minds the most salutary results. In proof of this, I may mention, that not a single case of insanity has occurred in the prison, and that many who have been condemned for a term which require their removal to the Maisons Centrales, solicit as a real favor, the permission to complete their imprisonment in their cell.”
M. Moreau Christophe, Inspector of French Prisons, Dr. Julius, who visited the Penitentiaries of the United States as a Commissioner from the Prussian Government, and M. Ducpetiaux, Inspector General of the Prisons of Belgium, with many other eminent foreigners, who had facilities for closely observing the working and results of the Separate System, and of comparing it with the “Silent” and other Systems of imprisonment existing in different places, have in their various Reports given very interesting and instructive views, confirmatory of the superior value of the system adopted by us, but we must pass them by, and proceed with our Report.
Tobacco.—The subject of the use of Tobacco in the Penitentiary has again claimed our attention and care during the year now coming to a close, as it did during the one which immediately preceded it. It will no doubt be acknowledged by most, that the practice of using it is of no real value to those who indulge in it, unless it be in the character of medicine, in a very few cases, and consequently, if there was no moral or physical evil resulting from it, its use should be discouraged on the score of economy, and with a view to lessening the number of the wants of individuals, and therefore, making it more easy to satisfy them. But when, in addition to this, its use is very often attended by serious physical and moral evils, such as impairing the bodily health, and exciting a craving for the use of intoxicating drink, it seems especially desirable that those who are clear on entering the Penitentiary, shall not there be permitted to contract the habit, and that an effort should be used to break the habit with those who have brought it with them, and in fact, that it should be made a part of the Prison Discipline, in teaching them habits of economy for their own future good, during the period in which the law makes them subject to the control of the prison authorities. Our care of the subject, which has heretofore been in the way of moral suasion, with the prisoners, and those who had the control of them, and which has been exercised verbally, as suitable opportunities offered, has finally resulted in the adoption of a Resolution, respectfully asking the Inspectors wholly to prohibit its use in the Penitentiary, (as the Inspectors of our County Prison have done there, with highly satisfactory results,) unless it be in cases strictly medicinal. The quantity at present used in the Penitentiary is much reduced, but this is done, as we understand, as a matter of economy in conducting the Institution, as the cost of the article has latterly been much enhanced.
Pardons.—The very important subject of Pardons, and the manner in which the power is exercised, (not only in our own Commonwealth, but in most places where it exists,) has at different times occupied our attention, though not specially within the past year, with desires that some result might be reached by which the acknowledged evils of the pardoning system might be at least in part remedied. It is a power which should exist somewhere, and be exercised sometimes; but the good of society, and even of the parties on whom it is to operate, requires that it should only be applied to exceptional and rare cases, and with great caution. We have not yet succeeded in maturing any plan which it is believed would be likely to remedy, or materially lessen, the existing difficulties.
Abuses by Committing Magistrates.—We have again had under the care of a Committee, the abuse of power by the Aldermen or Committing Magistrates. This is an evil of great magnitude, and has claimed the attention of the Society almost from its origin, but without yet making much advance towards its suppression; nor do we hope to effect it, till their mode of compensation is changed from fees to a stated salary from the Public Treasury. As we shall have occasion to refer to this matter again as we advance in our Report, this short notice may suffice here.
Better Accommodations needed by the Society.—The books and papers of our Prison Society are accumulating to such an extent, as to make it difficult, with the accommodations we possess, to take proper care of them. Many of them are so valuable as to make their preservation almost an object of public interest. An ample and secure fireproof would be very desirable, and also much more extensive book cases than we now have. Our funds, however, are so limited at present, as to be barely sufficient to meet our current annual outlay, such as the appropriation towards the support of the “Prison Agency,” that to the Prison “Association of Women Friends,” and for the aid of discharged prisoners, and the amount required to meet our Room Rent, the publication of our Journal, and various necessary incidental expenses. We therefore have nothing to spare towards procuring a suitable building or room of our own, which we think would be very desirable. We would therefore commend the Society and its various interests to the kindly notice of our many benevolent citizens who are blessed with ample means, as being deserving of their consideration and attention, both when making their current distribution from time to time of surplus income, and when through the medium of a will, they are making a final appropriation of their estates.
The Prison Agent.—William J. Mullen, the Prison Agent, acting under appointment and authority of the Inspectors of the County Prison, and also on behalf of our Prison Society, has continued his services in investigating cases of alleged oppressive and illegal commitments to the County Prison, with unabated zeal and singleness of purpose. He has, with the co-operation of the proper authorities, succeeded in liberating during the year 1,223 of these from prison. Amongst them were many very interesting cases, where the common rights of individuals would have been successfully outraged, if they had not been inquired into and relieved by the action of the agent. And it should be remembered that the wrong and suffering in these cases is by no means limited to the individuals who are incarcerated, but that it often extends most cruelly to others connected with the prisoners. What must be the situation of the poor wife and helpless children, when the husband, the father, and provider for their urgent necessities, is thus wrongfully torn from them? Some are arrested and committed under mistake, but much of the wrong-doing in relation to such commitments, arises from the cupidity of the Police-aldermen, or committing magistrates, who many times, on the most frivolous charges, and sometimes without sufficient evidence against them, commit individuals to the prison from motives of gain. In some instances they are content with the fees established by law, but there is ground to believe that extortion is not unfrequently attempted to be practised, and sometimes with success. The mode of compensating the aldermen, by fees to be derived from the individual cases in which they act, gives them an interest in thus oppressing the helpless, and has long been a crying evil. Under this system, and in actual practice, there is good reason to fear, that much of the income of many of them is not merely “the gain of oppression,” but that of extortion also. There are no doubt upright and honorable men among them, but until all fees for such cases are taken away, and a fixed salary substituted, we need not expect to find them as a class to be governed, in their official acts, by high-minded and disinterested motives.
We propose here giving a synopsis of a few of the cases contained in the monthly reports received from the agent during the year, of individuals liberated through his investigations and attentions.