The Sun.
London, England, 1853-08-29 00:00:00

DISCIPLINE AND MANAGEMENT OF

CONVICT PRISONS.

The following report on the discipline and man-
cement of the convict prisons, and disposal of
onvicts, with notes on the convict question, con-
struction of prisons, hard labour, Lirc., (tr.c., by
Lieutenant-Colonel Jebb, C. 8., Surveyor-General
of Prisons, Chairman of Directors, die., has just
been issued :
To the Right Hon. Viscount Palmerston, G.C.8., &c,
Secretary of State for the Home Department.
5, Parliament-street, June 14, 1853.
My Lord,—l have the honour to submit a report for the
year 1852, on those general subjects connected with the
discipline and disposal of convicts which fall under my
superintendence as chairman of the directors of convict
prisons, together with such information on the construction
of prisons as further experience enables me to afford.
I have noticed the different subjects which appeared de-
serving of attention in the following order :-
Ist. The Accomodation at the Disposal of Government,
and the Distribution of the Convicts in the different Esta-
blishments._

id. The General Statistics of the Year, showing the
Number remaining in the Convict Prisons on the 31st De-
cember, 1852—the Number received into the different
Prisons, or embarked for the Colonies, or who have died
during the Year.
3d. Convict Discipline—Observations on Separate Con-
finement, its Moral Effects, &c.
4th. Second Probationary Period on Public Works.

CONVICT pgISONS.
With regard to the first point, the accommodation at the
disposal of the Government, and the distribution of the
convicts are detailed in the following return, which gives
these particulars for the 31st March of the present year

ESTABLISHMENTS AT HOME FOR MALE CONVICTS.
PRISONS FOR SEPARATE CONFINEMENT.

Milbank 1,100
Pentonville 561
Wakefield , 412

Preston
50 Cells in
Leeds 5O county or
Leicester
.

Northampton
60 sons rented
the
Bath 24 by
Reading 4O Government.
Bedford 7O
For Scotch
Perth lBO i prisoners.
-2,659

PRISONS AND HULKS FOR PUBLIC WORKS.
Portland 1,070
Portsmouth 1,020
Dartmoor—able-bodied 650
Defence
Hulks at Norwich{ warrior r
---- 3,720
625

Parkhurst (for juveniles)
INVALID DEPOTS

Dartmoor 625
Stirling Castle Hulk, Portsmouth 4OO
1,026

Total in England and 5c0t1and,......,.,.. 8,030
Ireland, including males 'and females... 5,246

ABROAD.

Gibraltar, say
Bermuda, say
Western Australia.,

600
1,700
550
- 2,850

General total.,
CONVICT DISCIPLINE.
The question of Penal discipline applicable to convicts
under sentence of transportation is very complicated, in-
volving, as it does, the home and colonial interests, and
being, also, a great moral and financial question. If, in
practically attempting its solution, any one of the great
interests concerned be allowed to preponderate, to the ex-
clusion of measures likely to have a favourable influence
on the others, the general result, considered in a national
point of view, cannot fail to be prejudiced.
In looking practically into details, the question is fur-
ther complicated by the very different views which are en-
tertained, not only to the object itself, but on the mea-
sures to be adopted for obtaining it.
Some will advocate simple penal punishment ; others,
reformation, as the chief end and prominent feature of
any system ; some would advocate chains and slavery ;
others, affectionate and assiduous instruction.
Between these extremes, the safest course would appear
to be, to avoid any one idea, and to hold fast by experience.
In this view, it may be desirable to inquire how far the
two main elements of the system, namely, separate con-
finement and associated labour, can claim any preference
over those schemes which may be suggested for the resolu-
tion of this important subject.
I have so fully entered into all the details in former re-
ports, that it would only be necessary very briefly to bring
them under your lordship's notice, were it not that the
question of enforcing strict separation for indefinite and
lengthened periods has again been mooted, and an attempt
been recently made to show that certain modifications,
which have been introduced into the discipline of Penton -
ville prison, have had a prejudicial effect on the health of
the prisoners.

1.6,126

SEPARATE SYSTEM.
When the separate system was first urged upon the at-
tention of Parliament, in the very able reports of the late
lamented inspectors of prisons, Messrs. Crawford and
Russell (1836 and 1837), little or no experience of its effects
had been gained in any country. Mr. Crawford had seen
it in operation in the Eastern Penitentiary in Philadelphia,
and thus expresses his opinion in a report on the prisons in
America, dated 1834 :
" In regard to the moral effects which have hitherto re-
sulted from the Eastern Penitentiary, it is impossible to
adduce any strong evidence. The institution has only been
four years in practical operation.
"In 1830 there were confined in the prison 31
1831
1832
1833
He goes on, however, to add the favourable opinion h o
had formed, in the following terms :
"Upon a careful review of every part of the Eastern
Penitentiary, after seeing the whole, and examining a con-
siderable number of the individuals confined in it, I have
no hesitation in declaring my conviction that its discipline
is a safe and efficacious mode of prison management, that
it has no unfavourable effects on the mind or health, and
that with the addition of moral and religious instruction,
in which this peneitentiary is eminently deficient, solitary
imprisonment thus enforced may be rendered powerfully
instrumental, not only in deterring, but also in reclaiming
the offender."

It will be admitted by those who have given attention
to the subject, that these conclusions rested upon very
slender data ; and that so far as regards the assertion, that
discipline, as enforced at that prison, would have no un-
favourable effect on the mind or health, or the inference
that it could be safely enforced in the case of all prisoners
for lengthened periods, experience has since shown that
the anticipations he entertained have not been altogether
realised.

Solitary confinement had previously been made the sub-
ject of experiment in New York.
In pursuance of a law passed in 1821, 80 convicts were
selected, and, as a matter of experiment, were placed in
solitary cells, which had been prepared for the purpose,
under the direction of the inspectors of the State prison at
Auburn.

In 1823, about 18 months after the commencement of
the experiment, it was found that the most disastrous re-
sults had followed, especially as regarded insanity. With
the exception of a few whose sentences were about to ex-
pire, and others who were sent to labour, all the remain-
der were then pardoned.
The total failure of that experiment led to the establish-
ment in that prison of labour in association, under a rule
of silence, as distinguished from the separate system, which
was afterwards established, in 1834, at Philadelphia.
It is probable that the results of this experiment of soli-
sary confinement on the mind and health of prisoners, led
to the existing limitations, by which it is not lawful to
award or enforce a sentence of solitary confinement for
more than 28 days at a time, or for more than three such
periods during 12 months.

DIITINCTION BETWEEN SEPARATE AND SOLITARY
CONFINEMENT.

The distinction between solitary and separate confine-
ment, and some of the precautions to be adopted in the
construction of prisons, and in the administration of the
discipline, are laid down in the 2 and 3 Vic., cap. 56 ; and
Pentonville prison was erected as a model of construction,
and with a view to try an experiment on separate confine-
ment in this country under the provisions of that act.
Some observations on this subject appear in my second
report.
From the year 1843 to 1848, with a slight exception on
the first 0
milted ineiling of the establishment, the prisoners ad-
the whole Pentonville were most carefully selected from
pline are full bodyd. of convicts ; and the results of the disci-
change in thLiasetasiled in the reports of commissioners. A
results in 1848, is, convicts, as a cause of some adverse
port for that year, :rye; incidentally noticed in a re-
Devon, Chichester aa dd May, 1849, and signed by Earls
Sir B. Brodie, and Dl'. Fnamarrsoowby, Sir W. Molesworth,
The following are extr er-
n.
" Since the date of mutt
rtroitalleaot.ed
have no new circumstances
statements will show that the a Theay followinglB i 8 w e
continues in efficient
operation, and that its effects upony .
satisfactory." Prisoners are highly
With regard to the health and mental
tt l mental
eaatisfac-
prisoners, however, they observe—condition of the
" We are sorry that, as to the health
nas
condi-
tion of the convicts, we have to make a
tory report than in any of the former years since the prison
was established.
The daily average number of sick has indeed bee
smaller than in the year 1847 ; there has not been a • n
single
case of Asiatic cholera.
" But there were six deaths from disease within the
walls of the prison, and five convicts received pardons on
account of their labouring under such disease as rendered
a prolonged term of imprisonment dangerous. Of these
last, four laboured under some form of scrofula, and one
under an organic disease of the brain.
" There was one case of death from suicide ' • and it is
worthy of notice that this is the first example of suicide
that has occurred in the prison.
"The proportion of mortality, including three-fifths of
those who were pardoned on account of the state of their
health, among the deaths is as 18'75 to 1,000.
" There have been also five cases of insanity. *

"It may be difficult to offer a certain explanation of the
great number of cases of death and of insanity, as com-
pared with that of former years. We have, however, rea-
son to believe that, in the earlier years of this institution,
the convicts sent here were selected from a large number,
and that the selection was made with a more exclusive re-
gard to their physical capacity for undergoing this species
of punishment."
They remark, in conclusion :--
" The longer the period of separation, the more watch-
ful must be the exercise of medical snperintendencc, to
guard against the failure of mental or physical health,
which should always be anticipated as a possible result
with pripsorno;rosrtiotncertain temperament and dispositions,
and in to the keenness with which they feel
their punishment:,
Subsequently to the date of this the board were transfejr„a , report, the functions of
I had the honour to bc 7. a hew commission, of which
O'Brien and Mr. Voules beinPPaointed chairman, Captain
The experiment on prison saciiated with me. Captain
The
full operation from 1843 to discipline,lB4"
close, and the accommodation in i'vea:t:bl
rendered available for the general purposes Prison was
of the convict
service.
From circumstances vfe Fe all sufficiently fa
the working of the discipline at Pentonveth
-ar with
and. its

effects, to enable us to form our own conclusions upon the
subject.

For myself, I had previously expressed them in my se-
cond report, 1847, to the following effect :
"My own independent conclusion, founded on a close
observation of the system as carried out at Pentonville,
Wakefield, and other prisons, is that separate confinement,
with very few exceptional cases, and with ordinary pre-
caution may be safely and generally adopted for periods
extending from six to twelve months, or rather more.
" Beyond 12 months I think it requires greater care and
watchfulness than would, perhaps, be ensured under ordi-
nary circumstances. And there are grounds for believing
that it is neither necessary nor desirable to extend it.
"It is not the use, but the abuse of separate confine-
ment that is to be guarded against ; that is, pressing it
beyond the limits within which advadtage is to be derived
from placing a prisoner under favourable circumstances
for reflection and seceiving instruction, or of continuing to
enforce it in the case of any individual whose health of
mind or body appears to suffer under separate confinement
in a greater degree than he would. under a system of asso-
ciation."
Under any circumstances, however, the experience of
1848, as already detailed, would naturally have led to the
adoption of any precautionary measures which afforded
hope of mitigating the evils. This responsibility was espe-
cially forced upon our attention from the circumstances
that it had been determined by the Government to subject
all prisoners to a period of separate confinement) instead of
the very small proportion which, up to that period, includ-
ing 1848, had been selected for the purpose.
daThtede2fisrstht report
taryof ,thiemone. w
sboomarFdexitsraet
fors
from 1849, n a
subse-
quent report, bearing on the question, are inserted in the
ad
is
appendix, page 102.
The experience of the year 1849 was such as to call for
increased watchfulness and precautions ; for we had com-
menced dealing with a description of prisoners far less
able to bear separate confinement than those who
were made the subjects of the orignal experiment ; and
this discipline was about to be enforced under the
responsibility of the Secretary of State at Wakfield,
and in other prisons where cells had been rented by the
however, no alteration Government
alfotr the
alterationpurpose. Up to the end of 1839,0 n in the routine, of any consequence,
had been made, although prisoners of good conduct, who
had been six months in the prison, had been previously
selected for employment in the kitchen, bakery, and in
other work, chiefly with a view to economy.
Mr. Bradley, the medical officer, in his report for 1851
observes on the general question of health under the less
favourable circumstances in which the discipline was
carried out :

" The admission of ordinary convicts for the purpose of
undergoing punishment would naturally tend to increase
the proportion of both mental and bodily disease. This
anticipated result, however, has not obtained, as the medi-
cal statistics show, with regard to mortality and disease in
the prison ; while, if the condition of the prisoners at the
expiration of their imprisonment be regarded, and a com-
parison in this respect be made between those formerly
embarked on board the convict ships, and the men who
have been sent during the last two years to the public
works, the observation will be in favour of the latter as
being more healthy in appearance, and possessing, for the
most part, unimpaired strength and activity of both mind
and body.
" The circumstances which has been mainly instru-
mental in counteracting the tendency to disease and in
maintaining health will be found to be that the term of
imprisonment in Pentonville has been shortened ; the time
to be passed in separate confinement having been reduced
from 18 to 12 months."

With regard to mental health, he observes that it may
be considered to have been highly satisfactory, whether the
diminished number alone be regarded, or the character of
the cases themselves.

INCREASED AMOUNT OF EXERCISE AND RESULTS.

At the commencement of 1852, however, there had oc.

cured at Pentonville so unusual a number of cases of
mental affection, as to cause the directors much anxiety ' •
and I stated in my last report that they had instituted an
inquiry into all attendant circumstances, and had arrived
at the conclusion that the greater amount of mental dis-
ease at that establishment, as compared with Wakefield
and other prisons, was mainly due to a difference in the
administration of the system.
Whilst therefore, adhering, as far as possible, to the
principle of separation, they deemed it their duty to in-
crease the amount of exercise in the open air ; and partly
with this object, and partly to secure other advantages,
they caused the prisoners to take exercise on the plan which
had been found to answer so well at Wakefield. Their
view is explained in the following resolution :
" That the exercise in the separate airing yards does not
appear so well calculated to promote the bodily or mental
health of the prisoners as the plan pursued at Wakefield ;
and that brisk walking exercise under such arrangements
as will effectually prevent communication should be sub-
stituted for it."
The gradual dimunition in the per centage of sick, not-
withstanding the very different and less favourable classes
of prisoners which are now sent to Pentonville, can, in my
opinion, only be accounted for by a difference in their
treatment, combined with a shorter period of confinement.
With regard to the metal effects produced by this and
other ameliorations of the discipline, the chaplain observes
as follows :
" The beneficial moral results of the discipline and in-
struction of the prison have in no degree been lessened, in
my opinion, by the mode of exercise adopted, during the
year past, in lieu of the separate yards. There has been
actually less communication between the prisoners. The
good effect of the change upon the mental condition of the
prisoners has been, to my perception, most marked. From
an early period in the history of this prison you are aware I
was led to advocate a mitigation of the rigorous character of

separate confinement, originally instituted in Pentonville ;
and I have hailed with no small satisfaction, on the ground
of humanity, every approximation to such a course of treat-
ment as should secure a better prospect of continuing what
is useful in this discipline without perpetuating the serious
evil, which a growing experience led me to apprehend from
its indiscriminate application. lam now enabled, by very
distinct recollection of my early impressions, to compare
the convicts of the first years, in their general appearance
and manner, with those of the last ; and I would have no
hesitation in affirming that the present healthful mental
aspect of the prisoners forms a complete contrast to the
nervous, agitated condition of the first, allowance being
made for the many cases of debility and ago now admissi-
ble to the prison, which were so carefully excluded at the
first."
It has been well remarked by the physician of the peni-

tentiary in New Jersey
The more rigidly the plan is carried out, the more its
effects are visible upon the health of the convicts. A little
more inter course with each other, and a little more air in
the yard, have the effect upon the mind and body that
warmth has on the thermometer ? almost every degree of
indulgence showing a corresponding rise in the health of
the individual. That an opinion to the contrary should
have been advocated at this time seems like a determina-
tion to disregard science in support of a mistaken but
favourite policy."
Besides the more obvious effects of separate confinement
as exhibited in the development of pulmonary consumption
and mental affections, there can be no question that the
vigour of mind and body of the majority of convicts who
are subjected to strict separation for periods extending be-
yond 12 or 15 months is impaired.
My own conclusions upon this subject were thus ex-
pressed in my second report for 1847, in which, referring
to the occurrence of convulsions on embarkation, and the
general subdued, tractable manner which had been re-
ported by several surgeons-superintendent as the invaria-
ble characteristic of the prisoners from Pentonville, I ob-
served that : _ _

" Though there may be no evidence that any permanent
injury has been sustained, such indications must not be
disregarded. From whatever cause they proceed, it appears
highly probable that an extension of the period of confine-
ment would be calculated to increase them, and it is to be
apprehended that, if increased, the result be some
permanent injury to the majority of the prisoners. It has
been remarked that such effects show that we have arrived
' at the beginning of the end of good health."'
Mr. Francis Gray, the author of a work on prison discip-
line, also observes upon this point :
" Sir George Grey expressed his concurrence in the
opinion of Sir Benjamin Brodie and Dr. Ferguson, who had
both been on the commission for the management of Pen-
tonville Prison, that the utmost watchfulness and discretion
on the part of the governor, chaplain, and medical attendants
would be requisite, in order to administer the system esta-
blished there with safety, and Sir J. Graham repeated the
same sentiment. If there is great danger that the bodily
and mental health will, in many cases, be so deranged as to
require medical interference, is there not a certainly that, in
many more, there will be a degree of debility and depression
not amounting to positive disease ? These effects, when
perceived may, perhaps, be deemed hereafter, as they have
been heretofore, to be evidences of reformation. But it is
a capital error to suppose that they promote or indicate any
real improvement of the morals or of the intellect."
On this latter point Mr. Kingsmill remarks, in his last
report :
" Depression of spirits is not contrition ; remorse is not
repentance - resolutions and vows of amendment, made
whilst suffering the penalty of transgression, imply no
change of principle—no real reformation of character. The
weakening of man's physical and mental energies does not
generate piety. Religion cannot be in a healthy state
which originates in any disturbance of the mental powers."
The best evidence, however, of the results of the plans
which have been pursued in giving effect to the precau-
tionary measures introduced into the routine of discipline
in the course of the last 12 months is, that during the year
between the Ist of April, 1852, and 31st March, 1853, there
has been no case whatever of mental disease.
The foregoing explanations will, I trust, have satisfied
your lordship that the determination of the Government
in regard to limiting the term of separate confinement was
not hastily or unnecessarily adopted, and that the amelio-
ration which, under a change of circumstances, the di-
rectors have felt it to be their duty to recommend, are
such as are calculated to diminish the objections which
may be entertained by some to this system of discipline,
whilst they do not entail any sacrifice whatever of its
advantages.
GENERAL SYSTEM OF CONVICT DISCIPLINE.

u'oa fun W.ci theieher lel
eanGed:oly
tehaeiitiruv,:nqimunoeeefsilltionofestablishinga comprehensive sys.
.ern of
ttransportation,iapplicablen l 6 : to otht the
wewag great
whole
et
unders
ub
bodyjceoentosfwi convicts
srnamvtiiocostnts
ea and considered in all its bearings.
and satisfactory a, at Pentonville had been so conclusive
The
hvTandolbeeebnoceleynfithneedatd:anta
confinement, that riegt artied the moral effects of separate
applying thatin
was determined to secure for the
gee which, u t 18
section, and thus realise the
linlimited
itt
e4ot
terested in the treatment of
anticipations of thoseamsmes? p o 47 and 1848
all convietps lanned
convicts, by
the period of se-
improved and comprehensive eserience in establishing
which might be equally applicable 91"
to disci 1. an,
under any circumstances.
The result was the
parate confinement should be
about 12 months, followed by strict pent? an average of
association and employment on public works, in
proportioned to the original sentence. '' fora Period
In order to carry out those views, I
was with° •
Sir George Grey to rent from the magistracy in re'osed by
and boroughs, where new prisons had been. erecterties
sparo accommodation they were declined to place at the az
of the Government, at the rate of 6i. per annum
posal for
each cell. Nearly 800 additional cells were obtained in this
manner. A portion of Illillbank was appropriated for Thedi_
fled separation,
and Pentonville was somewhat extended.
Instead, therefore, of 500 prisoners only being subjected to
b '
arrangements were made y which
separate confinement, arranO line.
upwards ,of 2 000 are now undergoing that discip .
Loathetest convict
It was further determined to establish
bring
of
e-
prison at Portland, with a view to c,
actual experiment, not only the measures calculated to
. .n
assist in the reformation and industrial training tpri-
soners, but to ascertain the best mode of applying coconvicf.
labour at the disposal of the State, in the execution o
works of national importance or aoknowledged utility;
with a further view to the final abolition of the hulks and i