The immense expense with which the maintenance of such prodigious numbers of prisoners in jail is attended, is another most serious evil, especially in these days of retrenchment, diminished profits, and economy. From the last Report of the Jail Commissioners for Scotland – that for 1848 – it appears that the average cost of each prisoner over the whole country for a year, after deducting his earnings in confinement, is £16, 7s. 6d. As this is the cost after labour has been generally introduced into prisons, and the greatest efforts to reduce expense have been made, it may fairly be presumed that it cannot be reduced lower. The average number of prisoners constantly in jail in Scotland is now about 3500, which, at £16, 7s. 6d. a-head, will come to about £53,000 a-year.1 Applying this proportion to the 60,000 criminals, now on an average constantly in confinement in the two islands,2 the annual expense of their maintenance cannot be under a million sterling. The prison and county rates of England alone, which include the cost of prosecutions, are £1,300,000 a-year. But that result, enormous as it is in a country in which poor-rates and all local burdens are so rapidly augmenting, is but a part of the evil. Under the present system a thief is seldom transported, at least in Scotland, till he has been three or four years plying his trade; during which period his gains by depredations, and expenses of maintenance, cannot have averaged less than £25 yearly. Thus it may with safety be affirmed, that every thief transported from Scotland has cost the country, before he goes, at least £100; and that has been expended in training him up to such habits of hardened depravity, that he is probably as great a curse to the colony to which he is sent, as he had proved a burden to that from which he was conveyed. Sixteen pounds would have been the cost of his transportation in the outset of his career, when, from his habits of crime not being matured, he had a fair chance of proving an acquisition, instead of a curse, to the place of his destination.
As the question of imprisonment or transportation, so far as Great Britain and Ireland are concerned, is now settled by the demonstrative evidence of the return of a reluctant government to the system which in an evil hour they abandoned, it may seem unnecessary to go into detail in order to show how absolutely necessary it was to do so; and how entirely the boasted system of imprisonment, with all its adjuncts of separation, silence, hard labour, and moral and religious instruction, has failed either in checking crime, or producing any visible reformation in the criminals. No one practically acquainted with the subject ever entertained the slightest doubt that this would be the case; and in two articles directed to the subject in this magazine, in 1844, we distinctly foretold what the result would be.3 To those who, following in the wake of prelates or philanthropists, how respectable soever, such as Archbishop Whately, who know nothing whatever of the subject except from the fallacious evidence of parliamentary committees, worked up by their own theoretical imaginations, we recommend the study of the Tables below, compiled from the parliamentary returns since the imprisonment system began, to show to what a pass the adoption of their rash visions has brought the criminal administration of the country.4
It is not surprising that it should be so, and that all the pains taken, and philanthropy wasted, in endeavouring to reform criminals in jail in this country, or hindering them from returning to their old habits when let loose within it, should have proved abortive. Two reasons of paramount efficacy have rendered them all nugatory. The first of these is, that the theory regarding the possibility of reforming offenders when in prison, or suffering punishment in this country, is wholly erroneous, and proceeds on an entire misconception of the principles by which alone such a reformation can in any case be effected. In prison, how solitary soever, you can work only on the intellectual faculties. The active powers or feelings can receive no development within the four walls of a cell, for they have no object by which they can be called forth. But nine-tenths of mankind in any rank, and most certainly nineteen-twentieths of persons bred as criminals, are wholly inaccessible to the influence of the intellect, considered as a restraint or regulator of their passions. If they had been capable of being influenced in that way, they would never have become criminals. Persons who fall into the habits which bring them under the lash of the criminal law, are almost always those in whom, either from natural disposition, or the unhappy circumstances of early habits and training, the intellectual faculties are almost entirely in abeyance, so far as self-control is concerned; and any development they have is only directed to procuring gratification for, or furthering the objects of the senses. To address to such persons the moral discipline of a prison, however admirably conducted, is as hopeless as it would be to descant to a man born blind on the objects of sight, or to preach to an ignorant boor in the Greek or Hebrew tongue. Sense is to them all in all. Esau is the true prototype of this class of men; they are always ready to exchange their birthright for a mess of pottage.
No length of solitary confinement, or scarce any amount of moral or religious instruction, can awaken in them either the slightest repentance for their crimes, or the least power of self-control when temptation is again thrown in their way. They regard the period of imprisonment as a blank in their lives – a time of woful monotony and total deprivation of enjoyment, which only renders it the more imperative on them, the moment it is terminated, to begin anew with fresh zest their old enjoyments. Their first object is to make up for months of compulsory sobriety by days of voluntary intoxication. At the close of a short period of hideous saturnalia, they are generally involved in some fresh housebreaking or robbery, to pay for their long train of indulgence; and soon find themselves again immured in their old quarters, only the more determined to run through the same course of forced regularity and willing indulgence. They are often able to feign reformation, so as to impose on their jailors, and obtain liberation on pretended amendment of character. But it is rarely if ever that they are really reclaimed; and hence the perpetual recurrences of the same characters in the criminal courts; till the magistrates, tired of imprisoning them, send them to the assizes or quarter-sessions for transportation. Even then, however, their career is often far from being terminated in this country. The keepers of the public penitentiaries become tired of keeping them. When they cannot send them abroad, their cells are soon crowded; and they take advantage of a feigned amendment to open the prison doors and let them go. They are soon found again in their old haunts, and at their old practices. At the spring circuit held at Glasgow in April 1848, when the effects of the recent imprisonment mania were visible, – out of 117 ordinary criminals indicted, no less than twenty-two had been sentenced to transportation at Glasgow, for periods not less than seven years, within the preceding two years; and the previous conviction and sentence of transportation was charged as an aggravation of their new offence against each in the indictment.
The next reason which renders imprisonment, in an old society and amidst a redundant population, utterly inefficacious as a means of reforming criminals is, that, even if they do imbibe better ideas and principles during their confinement, they find it impossible on their liberation to get into any honest employment, or gain admission into any well-doing circle, where they may put their newly-acquired principles into practice. If, indeed, there existed a government or parochial institution, into which they might be received on leaving prison, and by which they might be marched straightway to the nearest seaport, and there embarked for Canada or Australia, a great step would be made towards giving them the means of durable reformation. But as there is none such in existence, and as they scarcely ever are possessed of money enough, on leaving prison, to carry them across the Atlantic, they are of necessity obliged to remain in their own country – and that, to persons in their situation, is certain ruin. In new colonies, or thinly-peopled countries, such as Australia or Siberia, convicts, from the scarcity of labour, may in general be able to find employment; and from the absence of temptation, and the severance of the links which bound them to their old associates, they