Charles Sumner: his complete works, volume 02 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 02 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
1. Shall it be applied before trial? Here the answer is prompt. It
is the right of every person whom the law presumes innocent, as
is the case with all before trial, to be kept free from the touch
or contamination of those who may be felons. I well remember the
indignation of the late William Ellery Channing at an incident which
occurred in our streets, where a stranger who had fallen under
suspicion, but who proved to be innocent, was marched from the jail
handcuffed, in company with a hardened offender. He held it the duty
of the State to prevent such outrage. The principle of justice and
humanity which led him to his conclusion in this case requires the
_absolute separation_ of all prisoners before trial.
2. A more perplexing problem arises with regard to convicts for short
terms. Here, it would seem, the principle of _absolute separation_
ought to prevail.
3. It is a question of greater doubt how to treat juvenile offenders.
When we observe the admirable success of the House of Reformation at
South Boston, and of the Penal Colony at Mettray, in France, both
conducted on the social principle, we may well hesitate; though, on
the other hand, the marked success of the institution of La Roquette,
at Paris, under peculiar difficulties, shows that the principle of
_absolute separation_ may be applied even to this class of offenders.
Here certainly is a question worthy of consideration.
4. Shall the Separate System be applied in any case to women? The
authority of Mrs. Fry, in England, who at first disapproved the system,
but at the close of her valuable life approved it, even for her own
sex, also that of Mademoiselle Josephine Mallet, in France, who has
declared herself warmly for this system, entitle this question to
careful attention.
5. And, lastly, shall the Separate System be applied to convicts for
long terms? This is, indeed, the crucial question, involving statistics
of health and insanity, and many other considerations, on which much
light is shed by the experience of Europe, as well as our own country,
and also by writings of eminent characters devoted to this subject.
Here we may well hesitate, and open our minds to influences from all
quarters.
* * * * *
The way is now prepared to consider whether our Society, in unfolding
what may be called the science of Prison Discipline, has treated the
Pennsylvania System, involving the several questions already stated,
with candor and justice. The question is not whether this system is
preferable in all cases to every other, or whether there is any other
preferable to this, but simply, Has our Society been candid and just?
An examination of its course furnishes an easy answer.
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