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Memorial To The Legislature of Massachusetts

From: The History of Mental Retardation, Collected Papers
Creator: Dorothea L. Dix (author)
Date: 1843
Publisher: University Park Press
Source: Available at selected libraries

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Already has been transferred from Worcester to Concord a furious man, last July conveyed to the hospital from Cambridge, whose violence is second only to that of the subject above described. While our Revised Statutes permit the incarceration of madmen and madwomen, epileptics and idiots, in prisons, all responsible officers should, in ordinary justice, be exonerated from obligation to maintain prison discipline. And the fact is conclusive, if the injustice to prison officers is great, it is equally great toward prisoners; an additional penalty to a legal sentence pronounced in a court of justice, which might, we should think, in all the prisons we have visited, serve as a sound plea for false imprisonment. If reform is intended to be united with punishment, there never was a greater absurdity than to look for moral restoration under such circumstances; and, if that is left out of view, we know no rendering of the law which sanctions such a cruel and oppressive aggravation of the circumstances of imprisonment as to expose these prisoners day and night to the indescribable horrors of such association.

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The greatest evils in regard to the insane and idiots in the prisons of this Commonwealth are found at Ipswich and Cambridge, and distinguish these places only, as I believe, because the numbers are larger, being more than twenty in each. Ipswich has the advantage over Cambridge in having fewer furious subjects, and in the construction of the buildings, though these are so bad as to have afforded cause for presentment by the grand jury some time since. It is said that the new County House, in progress of building, will meet the exigencies of the case. If it is meant that the wing in the new prison, to be appropriated to the insane, will provide accommodation for all the insane and idiotic paupers in the county, I can only say that it could receive no more than can be gathered in the three towns of Salem, Newburyport, and Ipswich, supposing these are to be removed, there being in Ipswich twenty-two in the prison and eight in the almshouse; in Salem almshouse, seventeen uniformly crazy, and two part of the time deranged; and in that of Newburyport eleven, including idiots. Here at once are sixty. The returns of 1842 exhibit an aggregate of one hundred and thirty-five. Provision is made in the new prison for fifty-seven of this class, leaving seventy-eight unprovided for, except in the almshouses. From such a fate, so far as Danvers, Saugus, East Bradford, and some other towns in the county reveal conditions of insane subjects, we pray they may be exempt.

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I have the verbal and written testimony of many officers of this Commonwealth, who are respectable alike for their integrity and the fidelity with which they discharge their official duties, and whose opinions, based on experience, are entitled to consideration, that the occupation of prisons for the detention of lunatics and of idiots is, under all circumstances, an evil, subversive alike of good order, strict discipline, and good morals. I transcribe a few passages which will place this mischief in its true light. The sheriff of Plymouth County writes as follows:

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"I am decidedly of the opinion that the county jail is a very improper place for lunatics and idiots. The last summer its bad effects were fully realized here, not only by the prisoners in jail, but the disturbance extended to the inhabitants dwelling in the neighborhood. A foreigner was sentenced by a justice of the peace to thirty days' confinement in the house of correction. He was to all appearance a lunatic or madman. He destroyed every article in his room, even to his wearing apparel, his noise and disturbance was incessant for hours, day and night. I consider prisons places for the safe keeping of prisoners, and all these are equally entitled to humane treatment from their keepers, without regard to the cause of commitment. We have in jails no conveniences to make the situation of lunatics and idiots much more decent than would be necessary for the brute creation, and impossible to prevent the disturbance of the inmates under the same roof."

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In relation to the confinement of the insane in prisons the sheriff of Hampshire County writes as follows:-

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"I concur fully in the sentiments entertained by you in relation to this unwise, not to say inhuman, provision of our law (see Rev. Stat. 382) authorizing the commitment of lunatics to our jails and houses of correction. Our jails preclude occupation, and our houses of correction cannot adrmit of that variety of pursuit, and its requisite supervision, so indispensable to these unfortunates. Indeed, this feature of our law seems to me a relic of that ancient barbarism which regarded misfortune as a crime, and those bereft of reason as also bereft of all sensibility, as having forfeited not only all title to compassion, but to humanity, and consigned them without a tear of sympathy, or twinge of remorse, or even a suspicion of injustice, to the companionship of the vicious, the custody of the coarse and ignorant, and the horrors of the hopeless dungeon. I cannot persuade myself that anything more than a motion by any member of our Legislature is necessary to effect an immediate repeal of this odious provision."

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