The British Press; or, Morning Literary Advertiser.
London, England, 1818-10-16 00:00:00

(restinteir from ear /'apes of yesterday.)

It is evident, I conceive, that where the law
condemns a man to gaol, and is silent as to his
treatment there, it intends merely that he should
be amerced of his freedom, not ikon he should be
subjected to airy useless severities. This is the
whole of his sentence, and ought therefore to be
the whole of his suffering.
In fact, prisons must always. certainly under Our
present modes of policy they must, contain masses
of offenders, with very different shades and distinc-
tions of guilt; and we must either make imprison•
inept as bitter as possible. and thus involve the
comparatively innocent iu those hardships which
we irispose upon delinquency of the deepest hue,
confounding all notioos of equity; or we must
come to the co. elitsion that imprisonment is nothing
more than privation of liberty, and ought therefore
to be attended with as little of what is yeastiaite,
and es little of what is hurtful, as passible. Let
no one apprehend that he is called opal to ern-
brace any new opinion the doctrine is older than
the statute book~it existed when the existence of
tine Noose of Commons is a matter of conjecture.
liracton says, that fetters and all such theugs are
forbidden by law; because a prison is a place of
retention, and nut of punishment, lib. iii. folio 105.
Fleta says, I. i. c. 26. gaolers shall not increase the
punishment of those committed to their erre, nor
shall they torture them; but all severity being
avoided, and al! mercy being exercised, they shall
duly execute their sentences. Lord Coke says, all
the said ancient authors are against any pain or trit-
ium being inflicted upon a prisoner before attainder;
uor after the attaiudert but according to the kidg.
went.

Taking along eith us the principle which ham
here been stated, we must twat consider particu-
larly the treatment which • prisoner si hi re-
ceive ; sad the equitable principle seems to be, that
he should suffer no damage tither in mind or body,
which is nut found in his sentence; that his iitua-
tion should not be worse than it was before his
commitment, with the single exception of the loss
of liberty. This can only be ddite by general
rules. You cannot exactly adapt his treatment in
prison to his preceding circumstances; but by the
estiblishment of equitable and liberal regulatiuus.
you may guard against any violent infraction of
justice ; and if you err at all it will be on the side
use which we should all wish to err—the side of
humanity.
Let us then follow a prisoner from his first com-
mitment, always temembering that as yet his guilt
is unproved. You have U 9 right to march him
slung the merest in chinas. or to make hien a spec-
tacle of public ignominy, perhaps on the very spot,
and amongst the very people with whom he has
hitherto held a fair character. Infamy laity be the
;tensity for crime, but it should never be the con-
sequence of stispiciost; you should therefore con-
duct hits to his gaol with every possible attention to
his feelings, with decency and rectal. When he
is entered within its walls, you have no right to load
him With irons; you have no right to subject him
to bodily pain from their weight, or to that agony
of mind, which must result from Sikh symbols of
degradation to a man of yet unhlunted feelings;
sod you have no right to conclude that he is not
such. And here 1 thust observe in the language
of Blackstone, " The law will out justify gaolers
in fettering a prisoner, unless where he is-unruly.
or has attempted an escape." It would be tedious
to the generality of my readers to confirm on hilt
an opinion by additional authorities: it is sufficient
to say that such are to be found in the Ureter.
in Coke, and in BraclOu; the latter, indeed, goes
so far as to intimate, that a sentence condemning •
num to be cutifined irons, is illegal.
Lord Chief Jdstice Kiug replied to those who
urged that iro.i were necessary for sale custody,
" Out the, might huild their walls higher." The
neglect of lb.s le;al precaution is nu excuse foe the
instlictints of DU Illegal punishment : nor will it. I
prestrule. be ettotended, that when Magistrates
ne-
glect their ditty. prunniera should suffer fur it. The
truth la. • num is very rarely ironed fur his own ml..
deediq hot very frequently for those or others; ad.
ditional woos on his person are cheaper thau'addi-
-1 elevation to the sails. Thus we curer etc

new negligence by ineseased severity to Mir Cisp-
tiv.s.
.ya, ',Wee nn right to abridge him of pure air._
sufficient fowl, soul sipialrini4ies or
exercise. Yoe have no 112 lit to debar hiniliCtit
the craft on which his Goody depends, if it can kat
exercised in prison. You have no right to .abject
him to auffermg from cold, by want of brd.clutle-
ing by sisght, or firing by slay; arid the moron is
plain... Lynn have torn I • from hi. home, and have
deprived him of the means of providing himself
whit the necessaries or coniforti of.life. and 'there-
fore you are bound to furnish him with moderateb
indeed, hut suitable accommodat .
You have, for the same reason, no right to ruin
his habits, by compelling him to be idle;
rals, by ostopelliwg him to mix with a Proraireuniis
assemblage of hardened mid conticiril criminals;
se hie health, by foroios him at night i.,tn s damp
unventilated cell. with such crowds of companions
M very speedily to render te air foul and putrid ;
of to make him sleep in bl* canter.* with the vic-
tims of eontagious and loathsome disease, or ',midst
the noxious effluvia of dirt end corruption. Its
short, attention to his feelings, mental ISHII bodily. a
supply of every necessary, sham:lion from evil so-
ciety, the conservsbuis of his health and indultrious
habits, are the clear. evident,• undeniable rights of
an Unconvicted prisoner.
we should be brought to his trial as speedily as
possible, for every hour of unnecessary &Pry in
furnishing him with the opportunity of proving Ins
innocence, is, at least may be. au hour of unjust
imprissonnient.
At his trial. either he it acquitted—in which
ease the least you can do is to replace him i.e the
situdtion you found him, to pay hie expenses home,
and to ftirnitli him with rufficient to support him
till he has had au opportunity of looking not fur
work : or he ie convicted—and then it is for the
law to appoint the punishment erliiAt is to fulloW
his offence. That punishment must be inflicted,
but yon must carefully guard that it be not aggro-
rated, and that circumstances of severity are not
round in his treatment which are slot found in his
sentence. Now no Judge ever condemned a mon
to be half-starved with cold by day, or hilf-sufl-
cated with beat by night ; who ever heard of a cri-
minal being sentenced to catch the rhetinteiivni or
the typhus fever ? Corrupti 0000 of morals and con-
tamination of mind. are not the remedies *lnch the
law in its wisdom has thotight proper to wilst.
The convicted delinquent then has his rights.—
All measures and practice. in prison, which may
injure him in any way. are illegal. because they are
not specified in hi. sentence:—he is, therefore, en-
titled to an ivhoiesome atmosphere, decent clothing
mod Iseddiug. sod * diet sufficient to suppott
But besides the rights of the individual, there
are sloshes to the cornett *ty : Peruse est heprobee
eo•resre paad. nisi probos tyfiehis disciplamst.
One of the most isuportalit or these ditties is, that
you should not semi faith the man coininitttd to
your tuition, in any respect a worse man, a less in-
dushiniss, or a leg sober, or a less elloopetent man
titan when he entered your wall.. Good policy re-
quires that, if possible, you should dismiss hint
improved.. _ _ .

For the impeovesnent of the unconvicted pri-
soner, you shall labour,as a recompencv for his con.
tinerneut before trial—that thus you may convert
the suspicion of crime into its prevention in future
—that thus you may addict hint to such habits,
and instil such principles, and Impart such insigne-
lion as may repair the damage you have dune him;
and that he, below amerced of one period of his
life, may be enabled to spend the remainder more
respectably.
For the improvenient of the debtor you should
labour, because the grand causes of debt are sick-
ness, idleness, or intemperance v—you must there.
fore, provide against its recurrence by those mea-
sures which may secure the health, the industry,
and the sobriety of your prisoners. The.convicted
criminal is also entitled to your care. Our law is
aol, in its true spirit, whatever it may in in its mo-
dern execution, a system of bloody vengeance; it
does not say, so much evil is repaired by so much
misery inflicted. A merciful and esiliglitetted juris-
prudence, like the Author of all that is merciful
and wise, does not rejoice in the death of a s r;
but rather, that he should turn from his wicked-
near. and hike. Punishments are itiflicted,.. that
crime rutty be prevented, and crime is prevented
by the reformation of the criminal. This may be
accomplished. Tile prisoner bring separated from
his (Allier associates, ceases to think as they
think ; he has time for recollection and repent-
mice, and seclusiiin will humble the Most liatighty,
and referin the swot abandoned.

It is then necessary that he sleep alone, and that
Ise be alone during a great portion of the day.
But as idleness is one great cause of isin, lidos.
try is one great means of reformation. Measures
must, tliriefor.; he taken fur his constant employ-
mans, mud for making that employment moveable
by allowing him to ►hare largely in its profits.
The use of stimulating liquors is often the cause,
and olwayi (lie cuiscinnittast of crime. These,
therefore, sumt be forbidsten. Ihe want of educa-
tion is found to be Si great rotirce of crime; for
this, thereforei a prosisiuss most be made. The
neglect of religious duties is the gsand cause of
crime. Ministe►s of religion mum, therefore, be
induced to give their ictive and zealous labours to
the prisoners daily, residing prayers in public, and
giving private instruction. The 111111d11011111 services
of such With *ill not be fruitless. Mr. Rtobiusoo
of Leicester declared that 110 loan of his miulstry
had been sn sil•nally lqtsseal as that in the gaol.;
and the Loch& Cominittee of Newgule have many
proofs that reformation may be accomphilsed,
untougst the ifsint dissolute mid abosiduutd.

"Th. roost iisterei.tiog lottrory intelligence Which
cosild be iiiiiiouneed itt the, prevesit moment, is the
catmint/ ttttt of • Me History of Cronsweli,'
by M. Vrt.t.cm Atilt. The isiaoustriiit been pur-
chased by Malta et bNilociler, for 12,000 frimeo."

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Lo ti OON, rid DAY, OCTOBILit

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