The Chronicles of Newgate, vol. 2/2Griffiths, Arthur
History
The Chronicles of Newgate, vol. 2/2
Griffiths, Arthur
Criminals -- Great Britain; Newgate (Prison : London, England); Prisons -- England; Punishment -- Great Britain
Mr. Buxton's small work on prison discipline[61] gave a new aspect to
the question he had so much at heart. For the first time the doctrine
was enunciated that prisoners had rights of their own. The untried, and
in the eyes of the law still innocent, could claim pure air, wholesome
and sufficient food, and opportunities for exercise. They had a right,
Mr. Buxton affirmed, to be employed in their own crafts, provided it
could be safely followed in prison. "You have no right," he says,
addressing the authorities, "to subject a prisoner to suffering from
cold, by want of bed-clothing by night or firing by day; and the reason
is plain: you have taken him from his home, and have deprived him of the
means of providing himself with the necessaries or comforts of life, and
therefore you are bound to furnish him with moderate indeed but suitable
accommodation." "You have for the same reason," he goes on, "no right to
ruin his habits by compelling him to be idle, his morals by compelling
him to mix with a promiscuous assemblage of hardened and convicted
criminals, or his health by forcing him at night into a damp,
unventilated cell, with such crowds of companions as very speedily
render the air foul and putrid; or to make him sleep in close contact
with the victims of contagious and loathsome disease, or amidst the
noxious effluvia of dirt and corruption. In short, attention to his
feelings, mental and bodily, a supply of every necessary, abstraction
from evil society, the conservation of his health and industrious
habits, are the clear, evident, undeniable rights of an unconvicted
prisoner." Nor even when found guilty and his liberty forfeited did his
privileges cease. The law appointed a suitable punishment for the
offence; it was for those charged with the administration of the law to
guard carefully against any aggravation of that punishment, to see that
"no circumstances of severity are found in his treatment which are not
found in his sentence." No judge ever condemned a man to be
half-perished with cold by day, or half-suffocated with heat by night.
"Who ever heard of a criminal being sentenced to catch the rheumatism or
the typhus fever?" "Disease, cold, famine, nakedness, and contagious and
polluted air are not lawful punishments in the hands of the civil
magistrates; nor has he a right to poison or starve his
fellow-creatures."[62] "The convicted delinquent has his rights," said
Mr. Buxton authoritatively. "All measures and practices in prison which
may injure him in any way are illegal, because they are not specified in
his sentence; he is therefore entitled to a wholesome atmosphere, decent
clothing and bedding, and a diet sufficient to support him."
Public-domain text, read in full here on John Shaqi.
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