All that year the principle has ample trial. In April, 1840, the governor asserts that in his opinion the state of the prison is highly satisfactory. The prisoners, as testified by their letters (which were meant for him to see), were as happy as the day was long. They had good food, good clothing, and spoke with gratitude of the provision made for their religious instruction. Moreover, now the reins are as tight as they can be drawn. “Separation has within the last two years been much more carried out than formerly, and the effect has been very materially to reduce offences and punishments, and to promote reformation,” says Mr. Nihil. His great difficulty now is that he cannot ventilate the cell without opening the door to communication. In fact he might seem to wish to seal up his prisoners hermetically; but he says, “I do not mean to advocate long separation from all social communication. I should prefer a system of regulated intercourse upon a plan of classification and superintendence and mutual education, guarded by occasional separation. What I object to is nominal separation accompanied with secret fraudulent vicious communication. Health is certainly a great consideration, but are morals less? Ought health to be sought by the rash demolition of an important moral fence? If health is alone to be looked to it would be very easy to suggest very simple means for keeping the prisoners in general good health; but then the objects of imprisonment would be altogether frustrated. Considering these objects indispensable, and that one of them is the moral reformation of the prisoners, I conceive it would be much better to leave them to the remedy of opening their cell windows for fresh air.”
Mr. Nihil’s notions were certainly clearly developed. He was for no half measures. But in his extreme eagerness to push his theory as far as it could go, he actually courted disaster. He was apparently blinded by a misconception of phrases. So long as he steered clear of what was called solitary confinement he thought he was safe. But he forgot that the more separation was insisted upon, the more nearly solitude was approached. In point of fact there was absolutely no distinction between the separate confinement practised at Millbank, and that solitary confinement which had already been universally condemned, and which by law was not to be inflicted except for very limited periods of time. Naturally the same fatal consequences, the inevitable results that follow such imprisonment protracted beyond the extreme limit, began to be plainly visible. Cases of insanity, or weakened intellect came to light, first in solitary instances, then more and more frequently. The committee were compelled to run counter to Mr. Nihil, and relax the rigorous separation from which he hoped to effect so much. I find in their report for 1841 that they consider it necessary to make great alterations in the discipline of the institution.