Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1881-08-27

/ ton II this law without protest
| The custom of allowing the probationary freedom
above alluded to is without the warrant Of law
tablished rule Of discipline
General and Comparative Review of
Penal Administrations. with Special
| Reference 10 State Institutions.
| We have been requested by your Excelency 80
examine other penal systems with view to com
parison, and to suggest any reforms and improve
ments which may seem 10 desirable. The per-
Torrance of this task involves somewhat compre-
| henSiYe examination Of the progress of penal
science, but such review is indispensable to a
right comprehension Of the difficulties which have
obsuucted the path OF reform, Of the mistakes which
have been committed through imperfect apprehen-
sion VI the nature Of the problems TO be solved, and
Of the principles Which experience has shown to be
the only safe guides in penal administration.
THE GENESIS OF REFORM.
Little more than a century has passed since the
| beginnings Of penal reform in Europe were made.
! Up to that time there had been thought OF the
reformation OF convicts neither had it occurred TO
any one that their labor might be utilized while i'll
! prison Transportation had INDEED bseu prlcticed
Tor a considerable period, but it was in effect the
selling Of conycts into slavery and both IN Theory
and practice represented barbarous era. Prisons
/ were employed a. places OF detention, and the
worst abuses were carried on in them. The labors
Of Howard brought these to public attention,
| and subsequently the eXertions OF BenthaIn Rom
| lily, BscCaria, and others, forwarded and kept
alive the good work. and gradually created more
enlightened view Of the relations of the state to the
criminal But while nothing could have been worse
than the state OF the European prisons which John
toward described, the first tendency OF the r,fOm
spirit was to rush into opposite extreme. There
| had been no discipline OF any kind previously.
| Henceforth there should be nothing but discipline
the philosophers threw themselves with ardor into
! the discussion Of the convict question. Jeremy
| Bentham devised wonderful and most elaborate
model prison, which he called the Panoptcon.
This to be constructed in star-form, the radii
surrounding a central building called the Argus,
| from which wardens were 10 inspect every motion
| Of the prisoners in the wings through concealed
places Of obs, rvation. The whole scheme was per-
perfect maehine.like in its regularity and order,
| but it was never carried out, and has been con-
denned as impracticable, though many of Benthams
ideas have since been avaed OF in the construction
! OF other systems.
This tendency to rigid and complete supervision
| of the convict, however, was the most marked
| characteristic OF the early reform movement. 1t
was apparent that the promiscuous herdings OF
| the old prisons, with their absence OF employ
| nent their lack OF classification, their want of
order and discipline had produced the worst con
| sequences ard il argued that the removal If
all these conditions the first thing to be done.
| Unfortunately the majority II the conclusions
| reached in ese early uls 'usSons were based upon
wholly mist 4ksn ideals Of the criminal tempera-
| ment and flacous notions Of the methods of
| changing bad citiZans into good men. In the
United states the theory OF separate silent inn
prisOnment tested luiiy before the English
| penoloeists had advanced so far. This system,
known as the Pennsylvania system consists in alb
! solute secluson and isolation. The convict never
leaves his cell. lie works, eats and sleeps there.
lie never sees another convict. He never converses
with any persons but Ulcers Of the prison and visit
| ors. Evidently tt system was an effsctual anti
dote to the former prom Guilty. Il was impossible
| that a prison euulUc' cd upon 1t could breed
| criminals This was tried but there were unfor-
seen obstacles to the Of the SYSTEM and the
most serious was the fact that the conyicts who
had been subject, to it for some time had tend
| 70, IL he
| ton, affected Tn ir minds, and the number OF
lap5es into madness became so great that the
solitary system abandoned in all the prisons
but those OF Pen sylvauia, where it is still maip-
| tanned, despite the alm0s. universal condemnation
it has received Fl, m tle most experienced penolo-
gists
FIRST FAILURES.
| Naturally failure oi Tins kind suggested modi-
locations OF the OH inal plan, and then what is
called the silent associate systemwas devised Under
| this method the cow. occupy separate cells at
night and work togei her during the day. but in ST.
| lence In practice II we'll understood that this
silence cannot be az all thoroughly enforced The
| social instinct in humanity is most eXigent, and
men will resort to every imaginable device to pro
| cure communicate, with one another 1t has,
| therefore, been found that wherever association
under any form is part of the system, conversation
will be carried on between the prisoners more or
less. The obviously unnatural character OF the pro-
hibition of all social intercourse, as indicated by
the unconquerable tendencies OF the conyicts to
break the rules ought to have convinced the trainers
of the plan that they had made mistake but this
they did not perceive until the system had virtually
| broken down at the point indicated. The cellular
| or separate system YVES tried in England at the
Pentonville Prison, and for time at the Mlllbank
Penitentiary. The silent associate system was tried
at the latter prison. and under peculiar conditions.
| At that time it believed quite generally that
reformation of the criminal could only be accom-
| pshed by giving him what was called 9 change OF
heart and that this change OF heart could only be
brought about by the spiritual eXerons of the Chap
| laip buG far there had hpen idea of m. Eiuu
| industry the agent Of reform. The con- lets
were for the most part without employment. They
| occupied their cells in idleness. They were well
! fed. And it was hoped that by supplying them
with liberal supply of religious aid and consola-
ton they would be regenerated and reformed. This
| theory was given, at Mihank, the fullest and farest
test conceivable. In that prison tie offices of Gov
| ernor and Chaplin were merged, and combined in
| the person Of clergyman. He was an enthusiast,
and every part OF the system was at once made to
accord with his religious theories. The experiment
was extended several years, and il was so com
pete ard utter failure that the Government had to
interfere an! reorganiZe the prison system alto
gether. The Rev. Mr.. Mill began with methods
which prodaced first, hypocrisy second, nsubordna-
ton. Striving to protect himself from the bad re
suits OF his pet theories, he gradually intro
duced more and more stringent isolation, until at
last the rapid increase OF insanity among the pris-
oners convinced the Government that this state OF
things must be put end to. As german to the
! subject we here introduce a citation from the
Memoriasof Millbank, written by Captain Griffith,
Deputy Governor of the prison. He says: {" The
general tone Of public opinion at that time turned
towards intrusting the ministers OF religion with
full power to preach prisoners out OF their evil
courses into honesty and the right path. Far be it
from us to detract from the efforts made in such
cause. The work OF good and earnest men,
| who seek to benefit their fellows can never be
barren altogether OF results. But it is greatly to
be feared-and | take it that this conclusion is
pretty generally accepted to-day that l; Is merely
a waste of time to endeayor to reform
habtual criminals by purely moral snd
religious means. Those who from long ex
pelience know the dangerous classes we'll af.
firm that such conversion, by any means what
ever, is quite out of the question. Mr.. Elan
Lynds, the well known Governor of Sing Sing
Prison, tod NJ. de Iocqueyille that he did not be.
lieve in complete reform except in the case OF
young offenders. In my opinion, he says noth-
ing is more rare than to see criminal OF ad-
vanced age become a virtuous and religious
man. l put no faith in the holiness OF those
who leave prison; and | do not believe that the
Chaplain's counses, nor the prisoners medita-
lions, Will ever make of him good Christian
Not only sre these methods wholly iGefficac Gus,
but they tend often in the opposite direction.
They a'e apt to be misunderstood The objects
of so much tender solictude apt to take the
kindness that is well meant for weakness and are
in consequence violent and unmanageable. OF
the painful failure OF all attempts 1t reformation
| by these means we have now abundant proof Fol
| years the medicine has been tried generation
after generation has been subjected TO its healing
powers. Is crime ersdicated or even sensibly di
mlnlsneQ tnefeDyE Cilreu pON
sanitary precautions judiciousy enforced will ere
long contend successfully with epidemic diseases
hut have prayer and preaching effected the cure
wholesale partial, OF the evils they were eX
pected to touch? Not at all. The reformation
STAINED, save in the raTest instances, has beer
} but temporary in character, skin deep, while be
low the thick layer of cant and hypocrisy which
overspreads with rapid fungusik growth TIT
surface of the heart, there rankles stil the can
cerous sore in all its malignity."
This is the testimony OF a veteran peuologist, WHIT
has had ample opportunity OF observing the rsa
effects of the influence he discusses. Mr.. Henrl
London takes very similar view 1t appear:
that the Chaplain of Pentonville Prison, the Rev
Mr.. Kingsml, had been forced to the same conclu
sion reached by the Rev. Mr.. Piatt of San Fran
cisco, namely, that the reformation OF the crimna
could only be accomplished by spiritual mir
acle' The Pentonville Chaplain observed "NC
human punishment has reformed from
habits of theft to life OF honesty-of sin to viz
tue; nor any mode of treating prisoners, q;
yet thought of, however specious, accomplish
anything of the kind Good principles and goot
motives are the real wants of criminals Goo
alone can give them by His Spirit; and the ap
pointed means for this, primarily, is the teaching
OF His word" In answer to this Mr.. Mayhem OBJ
serves " 1t is admitted by everyone that thest
same conversions are miracles wrought by tn,
grace OF God and we do not hesitate to declare
our opinion that il is not wse nor is it even reli
gious (betraying as it does an utter intidelitv il
those natural laws which as sacred institutions
Of the Almighty were the scriptural com
mandments themselves) to frame schemes for the
reformation Of criminals which depend upor
miraculous interference for their success. To pui
faith the supernatural, and to trust to that fol
orr p1lidn in natural things sin1uly SffnerSfi