American Notes. Чарльз Диккенс
on this head, America has shown great wisdom, great benevolence, and exalted policy. In contrasting her system with that which we have modelled upon it, I merely seek to show that with all its drawbacks, ours has some advantages of its own.
The House of Correction which has led to these remarks, is not walled, like other prisons, but is palisaded round about with tall rough stakes, something after the manner of an enclosure for keeping elephants in, as we see it represented in Eastern prints and pictures. The prisoners wear a parti-coloured dress; and those who are sentenced to hard labour, work at nail-making, or stone-cutting. When I was there, the latter class of labourers were employed upon the stone for a new custom-house in course of erection at Boston. They appeared to shape it skilfully and with expedition, though there were very few among them (if any) who had not acquired the art within the prison gates.
The women, all in one large room, were employed in making light clothing, for New Orleans and the Southern States. They did their work in silence like the men; and like them were over-looked by the person contracting for their labour, or by some agent of his appointment. In addition to this, they are every moment liable to be visited by the prison officers appointed for that purpose.
The arrangements for cooking, washing of clothes, and so forth, are much upon the plan of those I have seen at home. Their mode of bestowing the prisoners at night (which is of general adoption) differs from ours, and is both simple and effective. In the centre of a lofty area, lighted by windows in the four walls, are five tiers of cells, one above the other; each tier having before it a light iron gallery, attainable by stairs of the same construction and material: excepting the lower one, which is on the ground. Behind these, back to back with them and facing the opposite wall, are five corresponding rows of cells, accessible by similar means: so that supposing the prisoners locked up in their cells, an officer stationed on the ground, with his back to the wall, has half their number under his eye at once; the remaining half being equally under the observation of another officer on the opposite side; and all in one great apartment. Unless this watch be corrupted or sleeping on his post, it is impossible for a man to escape; for even in the event of his forcing the iron door of his cell without noise (which is exceedingly improbable), the moment he appears outside, and steps into that one of the five galleries on which it is situated, he must be plainly and fully visible to the officer below. Each of these cells holds a small truckle bed, in which one prisoner sleeps; never more. It is small, of course; and the door being not solid, but grated, and without blind or curtain, the prisoner within is at all times exposed to the observation and inspection of any guard who may pass along that tier at any hour or minute of the night. Every day, the prisoners receive their dinner, singly, through a trap in the kitchen wall; and each man carries his to his sleeping cell to eat it, where he is locked up, alone, for that purpose, one hour. The whole of this arrangement struck me as being admirable; and I hope that the next new prison we erect in England may be built on this plan.
I was given to understand that in this prison no swords or fire-arms, or even cudgels, are kept; nor is it probable that, so long as its present excellent management continues, any weapon, offensive or defensive, will ever be required within its bounds.
Such are the Institutions at South Boston! In all of them, the unfortunate or degenerate citizens of the State are carefully instructed in their duties both to God and man; are surrounded by all reasonable means of comfort and happiness that their condition will admit of; are appealed to, as members of the great human family, however afflicted, indigent, or fallen; are ruled by the strong Heart, and not by the strong (though immeasurably weaker) Hand. I have described them at some length; firstly, because their worth demanded it; and secondly, because I mean to take them for a model, and to content myself with saying of others we may come to, whose design and purpose are the same, that in this or that respect they practically fail, or differ.
I wish by this account of them, imperfect in its execution, but in its just intention, honest, I could hope to convey to my readers one-hundredth part of the gratification, the sights I have described, afforded me.
To an Englishman, accustomed to the paraphernalia of Westminster Hall, an American Court of Law is as odd a sight as, I suppose, an English Court of Law would be to an American. Except in the Supreme Court at Washington (where the judges wear a plain black robe), there is no such thing as a wig or gown connected with the administration of justice. The gentlemen of the bar being barristers and attorneys too (for there is no division of those functions as in England) are no more removed from their clients than attorneys in our Court for the Relief of Insolvent Debtors are, from theirs. The jury are quite at home, and make themselves as comfortable as circumstances will permit. The witness is so little elevated above, or put aloof from, the crowd in the court, that a stranger entering during a pause in the proceedings would find it difficult to pick him out from the rest. And if it chanced to be a criminal trial, his eyes, in nine cases out of ten, would wander to the dock in search of the prisoner, in vain; for that gentleman would most likely be lounging among the most distinguished ornaments of the legal profession, whispering suggestions in his counsel’s ear, or making a toothpick out of an old quill with his penknife.
I could not but notice these differences, when I visited the courts at Boston. I was much surprised at first, too, to observe that the counsel who interrogated the witness under examination at the time, did so sitting. But seeing that he was also occupied in writing down the answers, and remembering that he was alone and had no ‘junior,’ I quickly consoled myself with the reflection that law was not quite so expensive an article here, as at home; and that the absence of sundry formalities which we regard as indispensable, had doubtless a very favourable influence upon the bill of costs.
In every Court, ample and commodious provision is made for the accommodation of the citizens. This is the case all through America. In every Public Institution, the right of the people to attend, and to have an interest in the proceedings, is most fully and distinctly recognised. There are no grim door-keepers to dole out their tardy civility by the sixpenny-worth; nor is there, I sincerely believe, any insolence of office of any kind. Nothing national is exhibited for money; and no public officer is a showman. We have begun of late years to imitate this good example. I hope we shall continue to do so; and that in the fulness of time, even deans and chapters may be converted.
In the civil court an action was trying, for damages sustained in some accident upon a railway. The witnesses had been examined, and counsel was addressing the jury. The learned gentleman (like a few of his English brethren) was desperately long-winded, and had a remarkable capacity of saying the same thing over and over again. His great theme was ‘Warren the ěngine driver,’ whom he pressed into the service of every sentence he uttered. I listened to him for about a quarter of an hour; and, coming out of court at the expiration of that time, without the faintest ray of enlightenment as to the merits of the case, felt as if I were at home again.
In the prisoner’s cell, waiting to be examined by the magistrate on a charge of theft, was a boy. This lad, instead of being committed to a common jail, would be sent to the asylum at South Boston, and there taught a trade; and in the course of time he would be bound apprentice to some respectable master. Thus, his detection in this offence, instead of being the prelude to a life of infamy and a miserable death, would lead, there was a reasonable hope, to his being reclaimed from vice, and becoming a worthy member of society.
I am by no means a wholesale admirer of our legal solemnities, many of which impress me as being exceedingly ludicrous. Strange as it may seem too, there is undoubtedly a degree of protection in the wig and gown – a dismissal of individual responsibility in dressing for the part – which encourages that insolent bearing and language, and that gross perversion of the office of a pleader for The Truth, so frequent in our courts of law. Still, I cannot help doubting whether America, in her desire to shake off the absurdities and abuses of the old system, may not have gone too far into the opposite extreme; and whether it is not desirable, especially in the small community of a city like this, where each man knows the other, to surround the administration of justice with some artificial barriers against the ‘Hail fellow, well met’ deportment of everyday life. All the aid it can have in the very high character and ability of the Bench, not only here but elsewhere, it has, and well deserves to have; but it may need something more: not to impress the thoughtful and the well-informed, but the ignorant and heedless; a class which includes some prisoners and many witnesses.