The inspector suggested that in order to introduce the solitary system
without incurring the expense of building new prisons, the construction
plans for the extensions of the new penitentiaries opened between 1870
and 1880 57 should provide for one wing
'having roomy and lightsome cells wherein those bad characters can be
placed in separate confinement and then perform their allotted daily labour.'58
By 1888, Inspector Moylan's advocacy had made itself felt, for a decision
was taken to construct at Kingston Penitentiary a block of cells suitable
for the solitary confinement of both incorrigible and habitual offenders
and the newly received prisoners. In his 1888 annual report, Inspector
Moylan reviewed some of the European experiences with the solitary system,
particularly in England and Belgium, to demonstrate that the system, if
properly administered, was consistent with his views of the purposes of
prison discipline. He cited some of the glowing (albeit selfserving) testimonials
from a number of the European delegates to the 1872 London Prison Congress.
The Belgian delegate claimed that the recidivism rate of those leaving
solitary confinement in Belgian prisons was only 4.46 per cent, whereas
it was 68 per cent for those liberated from congregate prisons. The director
of the prison at Bruchsal, in Baden, was of the view that separate imprisonment
in Germany 'produced excellent results'; that he had seen prisoners live
thirteen years in separate confinement' 'without any inconvenience' and
that in his view 'all prisoners, except 1%, could endure cellular confinement
for life without injury ...'59 Based upon
his review, Inspector Moylan confidently asserted that 'the isolation
of newly received convicts, for eight to nine months, for the object mentioned
by Sir Walter Crofton [for reflection, repentance and religious instruction]
and of incorrigibles for at least 18 months, to reform and prevent them
from corrupting those who are well inclined, can be tried with all safety.
The experiment is certainly well worth a trial; it is the first effectual
step towards real and radical reform.60
As the 'Prison of Isolation' (the chilling but compellingly appropriate
name given to the new cell block at Kingston) neared completion, Inspector
Moylan addressed the nature of the regime under which prisoners would
live. The prisoners were to work in their cells, and 'light industries,
which would not injure health by being carried on in the cells, by vitiating
the air, such as map making, willow and rattan work, broom and cane and
chair making, would be suitable, and a very limited output of each kind
of such handiwork would not interfere, to any appreciable extent, with
outside manufacturers.'61 The guiding principle
for the selection of work in the Prison of Isolation, as elsewhere, was
that it be 'calculated to elevate and reform, instead of lowering and
degrading' the prisoners.62 The inspector
strongly urged that as a necessary step in devising a system of management
and framing suitable rules and regulations for the new Prison of Isolation,
a commission be appointed to examine the prison system in Europe where
the separate plan was in vogue, particularly in Belgium and Ireland. In
urging that the Irish Crofton system be examined, Inspector Moylan cited
the characterization of that system by the eminent American penologist
Dr Wines: 'an adult reformatory, in which the will of the prison inmate
is brought into accord with the will of the prison keeper, and held there
so long as that virtue becomes a habit.'63
There was no doubt in the mind of Inspector Moylan what the Prison of
Isolation was designed to accomplish. In 1981, the breaking of a man's
corrupted spirit in aid of reformation was a desirable and legitimate
purpose of imprisonment.
No commission was appointed, and in 1892 Inspector Moylan, lamenting the
lack of precedents and the absence of any existing institution in North
America still following the separate or solitary system, drafted a code
of rules for governance of the new prison.64
The Prison of Isolation was completed and received its first prisoners
in 1894, the same year in which Inspector Moylan retired from his twenty-
year inspectorate. However, during the time that had elapsed between the
decision to begin construction of the Prison of Isolation and its completion,
Inspector Moylan's original dual conception of its function had undergone
revision. In the new inspector's first report in 1895, it is stated that
the prison 'is [to be] used for third term men, incorrigibles and prisoners
who have been sentenced for unnatural offences.'65
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