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Tous lea autres exemplaires originaux aont filmte en commenpant par la premlAre page qui comporte une empreinte d'impreasion ou d'lllustratlon at en terminant par la dernlAre page qui comporte une telle empreinte. Un des symboies sulvants apparaftra sur la derniire image de cheque microfiche, seion le caa: le symbols — ► signifie "A SUIVRE", le eymbole ▼ signifie "FIN". Les cartes, planches, tableaux, etc., peuvent 6tre fllmte A dea taux de rMuction diff Arents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, 11 est f llmA A partir de I'angle aupAriaur gauche, de gauche A droite, et de haut en tws, en prenant le nombre d'imeges nAcessaire. Las diagrammes suivants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 1 EEPORT OR TBB PRISONS AND REFORMATORIES or TBI UNITED STATES AND CANADA, HADK TO TBI Leflalatue of New Ywk, Janiar j, 1 8tT. BT E. C. WINES, D. D. LL. D., AHD THEODORE W. DWIGHT, LL. D., coMMiMioiraRa or tus pxisor amociatioh or mw tobk. • • • • 1, ^ . » • > ... ... . ... .., . . .. ' ' - » . . ; . - . • • > * • • • . • . > • J • . 1 , J • • • . .■. ' • • . ki.ft*. . ... • * • * • • . ALBANY: VAN BENTHUTSBN i SONS' STEAM PRINTINa HOUSE. 1867. .• . ' ) OFFICERS or THE PRISON ASSOCIAmN OF NEW YORK, 1867. -•♦- PRUIDBHT, JOHN DAVID WOLFE. TI0B-PK18ID>RTS> FRANCIS LIEBER, LL. D., Hon. JNO. T. HOFFMAN, JNO. H. GRISCOM, M. D., THEO. W. DWIQHT, LL. D. Hon. J. STANTON OOULD, Hon. CHAS. J. FOLGER. CORRBSPONDING SBCRETART, E. 0. WINES, D. D., LL. D. RECORDTNO 8ECRBTARY, CEPHAS BRAINERD, Esq. TBBASnRER, WM. C. GILMAN. BZECUTITB COMMITTBB, THEO. W. DWIGHT, LL. D., Choimsn, Hon. WM. F. ALLEN, THOS. D. ANDERSON, D. D., JOHN H. ANTHON, FRANK W. BALLARD, ABRAHAM REAL, WM. T. BOOTH, JOHN A. BRYAN, H. K. BULL, EDMUND COFFIN, EDWARD COOPER, STEPHEN CUTTER, Hon. JOHN W. EDMONDS, ELISHA HARRIS, M. D., RENSSELAER N. HAVENS, GATLORD B. HUBBELL, JOHN H. KEYSER, JOHN ORDRONAUX, M. D., SAMUEL OSGOOD, D. D., JOHN J. OWEN, D. D., LL. D. GEORGE D. PHELPS, ADAM T. SACKETT, HENRY S. TER6ELL, SINCLAIR TOUSEY, JAS. H. TITUS, Hon. ANDREW D. WHITE. GENERAL AvtBNT, ABRAHAM IBAL. 43193 Sihit of IHtiD |arft. No. 35. IN ASSEMBLY. January 8, 1867. SPECIAL REPORT ON THE PRISONS AND REFORMATORIES OP THE UNITED STATES AND CANADA. Hon. E. L. Pitts, Speaker of the Asasembly : Sir — We herewith transmit to you a Special Report on the Prisons and Reformatories of the United States and Canada, with the request that you will lay the same before the Legislature. We have the honor to be. Very respectfully, Your obedient servants, E. C. WINES, E. C. WINES, > ^ THEO. W. DWIGHT, ] ^f>mrmmomra. Office of the Prison Association, \ 38 Bible House, N. Y., Jan. 8, 1867. \ CONTENTS. •**- Pag$. lNTR0DU0TI01f.«*> 1 -*1 Soopaof the duty aiiigned to the oommlMlonen 1 OooMton of their mlMlon 1 ObierTfttlons extended toOukd* 1 The lUtei Tiaited (18) S Olaiieiof inititntioni ezftmined S Our penonkl obierratloM rapplemeoted by printed interrogfttoriei S Aniweri reoelved • . • • • i Thanka for aid thua gtren 8 Qeneral intereat ezpreaaed in our miaaion 8 Sonroe from whioh the preaent report hM been drawn • . . . . 4 1. Peraonal notea and memoranda • 4 3. Printed reporta and other docnmenta (70 volumea) 14 8. Anawera to interrogatorlea (M) •.... 10 4. Lettera addreaaed to oommiaaionera (6) 19 Interrogatoriea aentont • • 19 1. On the pardoning power (7) 19 3. On atate prlaona (480) 19 8. On county Jaila (103) 88 4. On houaeaof oorreotlon, Ao. (88) 89 5. Onjuvenile reformatoriea (77) 42 0. On the admlniatration of oriminal Jnatice (88) 44 Priaon reform In New Tork the object to be accompliahed by onr miaaion 40 The congregate ayatem of priaon diaoipline and Jarenile reformatoriea origi- nated by New York 47 Oar priaon ayatem alow in ita progreaa toward perfection 47 To haaten thia conaummation, the object of the Priaon Aaaociation and of the eommiaaion.. 47 CHAPTER I. Statb Prisons 49-813 Prison diaoipline — ita prinoiplea« aima, methods, reanlta, &«.— the acope of the preaent inquiry 49 Vaat importance of the inquiry 49 The philoaophy of public puniahment profoundly intereating 49 Our paper includea both a detail of facta and the diacnaaion of principlea ; being, therefore, at once, a report on priaona and a treatiae on priaon dia- oipline 60 SECTION FIRST. Prison Ststrkb SO -77 Two-fold aspect of thia inquiry : first, as to internal discipline; second, as to classes of penal institutions constituting any given system 60 1 Viii 001frCNT8« Paiaov Brunnt—OmitUutti. Undtr tha fint rtUtion, two lyiUmi of ImprifOBmral In th« Unitod 8tol«f» thoNpMftU Md ooDgra(»t« M Tho Np»rat« lyittm nowharo fsvnd la Ualtod 0UI«i o«t of PtnniylTmU.. .. 60 Th« dlioiplin* of th« weiUrn paniUntiary loott, oomparad wUh that of tho •aiUrn , M Tba praiaat haad of tho fonaor appolatod, withoat •xporltaoo, at too ad- rannd aa ago M Mo man OTor forty ihonid be appolntod a prUon ofloor, and why SI Stat* prlion at Tronton, M. J.* organliod originally on tho lopaiato plan...* 6S MtiglTlngi oarly folti by tbo aathorltio*, b? tbo oporatlun of tho lyitom ftS 1. Ai to Iti roformatory powor 61 S. In a lanltary point . f Tlow, both bodily and montal 61 8. In roipoot of it! flnanolal rtiulta . 61 Tho lyitcm at length replaoedby tho oeagrogato 68 Moral eonilderatlona not ozeladed, bnt flnanelal moot potont la offootlng tho ebango • • • 68 State prUon of Rhode Iilaad foanded on tho nparato priaolple 68 Early donbti of the managen at to the wledoB and afleteaoy of tho lyitem. . 64 The warden regarded it as a « flow, eorrodiag proeoiii" fatal to the health of mind and body 64 The eongregate lyitem iabitiluted 66 Finanoial oonslderatloni partly* moral ooniideratloai mainly, tho gronnd of the ohange • 66 Separate lyitemi In effeot, now ooaflnad to Philadelphia 66 Ha* proved a failure oTerywhere elao in United State* 66 No inferenoe thenee dedaeible agalait tho Taiaa of the vyetem In Ite proper plaoe • • 66 Bai immenie Talno for eonnty Jaili, and aa tho ialtlal part of a reformatory priion diaoipiine 66 Outaido of Pennsylvania tho oongregato or ailent ayatem aniveraal in United Bute 69 Ita anoient rigor oommonly mnoh relaxed • 66 Both ayitema have a oommon ba*ia->liolation and labor 64 The dilTerence Ilea in the different methoda by whieh tho iaelation ia effeoted. . 66 Seeond aapeet of the inqairy relating to priaoa qratema— that of the Mveral inatitationa eompoaingany given ayatem 66 Moat of our atatea have three oiaaaea of anoh in8titBtion8~-via t atate priaona, ooanty Jaila and Jnvenile reformatoriea 69 Some have another grade— hooaea of oorreotion or loeal penitentiariea 66 Exhibition of the priaop ayatema of the aeveral atatea and Oaaada, oonaidered inthiaview 67 -61 Moral euro of erlminala regarded, everywhere, aa the beat meana of repreaaing crime 61 Two teata of a priaon ayatem — via: Urat, how far doea it aim at reformation? and, aeoondly, how elBoiently doea it porano that end 7 63 No priaoa ayatem for adalto in Uaited SUtea, that eonld abide either of theao teata 6S A ayatem aketohed that aoenu to the eommiaaioMn beat adapted to tha ends in view 63 -77 Oompnlaory odneatloa a neeeaaary preliminary atop 63 A priaoa ayatem, to Im effeetive, abould eonaiat of I. Preventive inatitationa, in whieh the tme field of promiae Ilea 63 1. Public nnraeriea for children of two to aix yeara old 68 3. Induatrial aehoola for exposed children not yet tainted with crime 64 Theoe two elaaaaa of Inatitationa would dxy up the moat prolifio fouatala of erim«....<.«. 66 PH»' to»M, M »...• M )f tbt M Ml. SI • « t • t n !!•••• ftS fti 5S 63 • ••• - U 68 1 th« 68 68 Item.. 64 kith of 64 66 nndof 66 66 66 66 iKtorj 66 6« ► ••••• 6« • •••• 6« 66 Irani 8« iioni. •« 6« d«r«d .. 67 -41 Miing «1 83 thew 63 •nda .. 02 -77 • •••• 63 ■ •• •• 63 » • • • • 63 with 64 66 00NTBMT8. ix PsMOR Btnniu—Comiim$4. 9tt. II. JnTaniU raformatorlti 66 ThM« now ailit In moit itftlM, bat th« ■yitam ntals • graftt •DUrgamtnti knd Mm* •hftog* ia Iti organiiatlon .......... 66 1. An abiolHt* Mparatloa of Iha Nxw 66 S. A graatar BM of th« (kmUy priaelpU 66 8. Tha Introduotlon of inbdirUioaa, now unknown ........ 66 4. Tha anfonamant bjr law of tha prinaipla of tha paraat'i raiponflbilltjr to pay, in part at laait> for tha inpport of bli child in thaia inititutloni 06 Thii prinoipla, though unknown to na, haa workad wall abroad 67 in. Oountyjail 67 PromtNUoni aaaoolatlon tha graat aril of our pr««ent Jail lyitam. 67 Abioluta wparatlon tha traa ranady 67 rV. A olaaa of priiona intarmadiata batwaan tha itate priaon and tha eommon Jail 67 Diitrlet pritoaa tha nam* propoaad for Naw York 68 Common Jaila ara proparly mare honaaa of arrait, and can narer ba mada raformatoriai ....••• 08 Adrantagaa to ba axpaotad firom tha ayitam of diatriot priioni annmaratad in aaran partionlan 08 Dlitriot priiona for women ihonld ba aaparata from thoie for man on moral, aanitary, eeonomleal and adminiatrative gronndi .... 79 V. The itata priaon 71 Rafornu tha moat material needed hare, aren auppoiing tha pio- ■ant ayitam. In the main, to be retained 72 But preient ayatem defeotive in aome fundamental partionlan, and ahould be replaced by abetter 72 Iriih ayitem affordi the beat model 72 In ita bread prinoiplei, may be applied to our atate 72 Reformation, under that ayatem, the aetual aa It ia the declared ottJeot 73 Fate of the priioner put by it in hia own handa 78 Four diatinct atagei 73 1. Separate impriionment 78 2. Aaiooiated labor by day and aaparata eonflnement by night 78 8. Intermediate priaon 73 4. Conditional pardon 74 The advooatea of the leparate and eongregate ayatems may meet here on eommon ground 74 Extraordinary reaulta effeeted by the ayatem in Ireland 76 Changea in oar preaent ayatem mnat be made eautioualy and gradually 75 VI. Proriaion ahould be made for the aid of dlaohargad priaonera 75 To make luah proTialon the elear duty of the atate 70 SECTION SECOND. GBNIBAL ADIIIMI8TBATI0If 77 -85 No central authority in any atate, having a general control orer ita priaon ayatem 77 State priaona under the control of boarda of inipeetora 77 Inspectora generally appointed by governor or legialature; in New York elected by the people 78 Immediate adminiatration entmated to the superintendent, but under the general direction of the inapeotora 79 The moat important poaition in the atate priioa that of aaperintendent 79 Qualifleationa required in thia ofioar 79 3e CONTENTS. ^ f GiNSRAL Administration— Coiifinu«<{. Pagt. Frequent ohangei advene to getting men of right stamp 79 Cnnada bas a central board 80 Powers and duties of the lioard : 1. As respects the proTinoial penitentiary 80 2. As regards tiommon jails and other prisons 81 The board not clothed with adequate powers 82 Has, nevertheless, eifeoted important reforms 82 The creation of a central authority in our stat* absolutely essential to effec- tive reform..... 82 The most intelligent and experienced prison olBoers favor the creation of such boards 84 Results of the system in France 85 SECTION THIRD. Prison Prbhisbs and Buildings • 86-118 Qrounds belonging to state prisons visited vary from half an acre to 200 acres. 80 Premises and buildings of the state prisons of 1. Connecticut 88 2. Delaware 88 3. Illinois 87 4. Northern Indiana 88 6. Southern Indiana 88 6. Kentucky 88 7. Maine 89 8. Massachusetts 00 9. Maryland 91 • 10. Michigan 02 11. Missouri 93 12. New Hampshire 94 13. New Jersey 94 14. Ohio 94 15. Pennsylvania (eastern penitentiary) « 06 16. do (western do ) 98 17. Rhode Island ■, 100 18. Vermont 100 19. West Virginia 100 20. Wisconsin 100 21. Canada (provincial penitentiary) 102 22. New York (Auburn) ., 104 23. do (Sing Sing) .' 105 24. do (Clinton 107 Great objects to be kept in view in fixing the site of a prison 108 These objects, in the main, secured in United States and Canada 108 Unfortunate disposition to lavish expenditure on prison buildings. 108 Chief points to be aimed at in prison oonstruotion 100 Highly ornamental prison structures obectionable, because I09 1. They add to the cost of crime 109 2. They have a mischievous tendency to give dignity to crime 110 3. They render changes and improvements difficult because of the losses thereby entailed 110 Plans for prisons should be simple and adapted to the ends in view Ill Most state prisons have female departments m This arrangement objectionable, because of the difficulty of preventing com- munication betwen the sexes 112 A practical difficulty, and how to be obviated 112 The cells generally too small in American state prisons 112 Same objection lies against their windows 113 CONTENTS. XI Pbisoh Pbumm ahd Bmhiiinot— Continued. Pagt. AmeriosD priioni, for the most part, too large 114 Sooh prisons obstruct individukliiation 114 Prisons should be oUssified, so that, as far as possible, we should have — 1. Separate prisons for females 11& 2. Separate prisons for the young 116 3. Separate prisons for different occupations 116 4. Separate prisons for the worst class of prisoners 116 Such a classification of prisons Impossible without a central authority ........ 118 SECTION FOURTH. QOTEBNHKNT ;• llft-133 The title of inspectors a misnomer ; they are governors 116 Though not its immediate agents, they everywhere direct the administration, 116 Their power extends to everything in the New York prisons 117 Detail of their functions in New York 117 Compensation of inspectors in United States and Canada 117 State prison staffs and their duties 118 Salaries paid to American prison officers not liberal 119 Must be increased before men of suitable qualifications can be obtained 119 What are the qualifications? 119 1. Prison officers should be men of strict sobriety 120 2. They should be men of mild and even temper 120 3. They should be men of decision and energy 120 4. They should be men of humane and benevolent feelings 120 6. They should have a sincere interest in the prisoners 121 6. They should be men of high moral principle, and be distiDgnished for industry, order and cleanliness 121 7. They should possess a good knowledge of human nature 121 8. They should be of incorruptible integrity 121 0. They should be men of experience •. 122 10. They should be of a just and steadfast purpose 122 11. They should be men of sleepless vigilance 122 12. They should have a genuine liking for their occupation 123 13. They should be duly impressed with religious principlee 122 The higher the officer's position, the more varied his qualifications should be, 123 Female officers should be distinguished for modesty and the domestic virtues, 123 A majority of prison officers deficient in qualification ]24 Causes of this deficiency — where to be sought? 124 1. In the inadequate oempensatioD paid..... .. ..,^ 124 2. In the control given to party politics in oar prisons 124 Political influence the dominating power in most ef our state prisons 123 This eminently the case in Wisconsin and New York, especially the latter . . . 126 In making appointments in New York, little attention given to qualifications, 126 Political appointments the radical defect ef our prison syitems , • . ., .... 127 Private business never conducted on suoh principles 127 The remedy lies — 1. In discarding party politics from prison administration 128 2. In making ftnets the sole condition of appointment 128 3. In establishing tests to ascertain the qualifications of candidates. .. 128 4. In making the tenure of office permanent 128 6. In authorising the superintendent to appoint his subordinates 129 7. In establishing a gradation of rank in office 129 8. In the payment of adequate salaries « 129 9. In making provision for the superannuated (29 Modes of appointment to office in different states isO Officers required to abstain from liquor and profanity « 130 xii oosTwsm. fiOTIRNHBNT— COfltiniMi. Pogt. Thiirnle not generally enforaed ......i. 131 Inipeotion of prisons — how proridtd for 131 The aTtli of politioal inflnenoe f urtlier eonsidered 132 SEOTIOK FIFTH. SisciPLiNK 134-184 Rules and regulations substantially tlie same in all state prisons 134 Abstract of the rules in the Massachusetts state prison 134 Daily routine of duty in same 135 Abstract of rules in the Ohio state prison 137 do Wisconsin state prison...... 188 do New Tork state prisons 138 The usage as to the place for taking meals varies in dHTersnt prisons— some- times in cells, sometimes in separate mess-roomi. 139 / ' Mode of receiving prisoners illustrated — 1. In the practice at Sing Sing 140 2. do eastern penitentiary 140 Rules generally printed on cards and hung up in cells 140 Chaplains not required to converse with prisoners on their entrance, but a considerable number doit 141 Too little pains taken, on the entrance of a prisoner, to give his mind a right direction 142 An important work to be done just then, and what it is 142 Charlestown prison preSminent in this .- 142 The duty suggested should be required of oliaplains 143 Convicts generally put immediately to work on their entrance 143 Great progress made in prison reform within a hundred years 143 Description of prisons prior to Howard's time 143 Horrors and cruelties practised in them 143 A wonderful change wrought sinee then 144 The law of force giving way to the law of love • 144 Best prison officers agree that the humane system is most effective in securing good discipline 145 Testimony of Mr. Haynes 145 do of Mr. Cordier 145 do of Mr. Miller 146 A useful lesson to be learned', here from Ood'i moral government ........... 147 Reformation through kindness His method 147 Howard's opinion on this subject 147 Mr. Hubbell's practice in this regard, as warden of Sing Sing 147 Remarkable tribute to him in verse, by a convict 148 Kindness should find ezpreasion in a comprehensive system of rewards 140 Hope a necessary element in reformation 150 Ko well considered or wisal^adjufted scheme of rewards established in our American prisons • 169 Some prison officers oppose aaoh a system 160 The wisest favor it 151 Hope the fundamental prino^le of the Irish system 151 The same true of Capt. Maefcvnoehie's mark syttem 151 Wonderful results of that system on Norfolk Island 152 The principle of hope little availed of in American prisons 152 Our commutation law an excellent foundation for an effective system of rewards 163 The prinoiple of this law founded in reason and its policy wise 163 Testimonies of prison ofleers in its favor 154 The law fully explained t* eonvlets on their entracee 165 Pttgi. .. 131 .. 131 ,. 132 184 134 134 135 137 138 138 ome- 139 140 140 140 bat » 141 right 142 142 142 143 143 143 143 143 144 144 aring 146 146 145 146 147 147 147 147 148 149 150 a our 169 150 151 151 151 152 152 im of 153 163 154 155 % CONTENTS. Xiii DisciPLiHB— Cusons 175 The rule greatly relaxed in most others 175 In a few, the ancient rigor maintained « 175 Exemplification of this in Connecticut 175 Theory of the congregate system a rigid prohibition of inter-eommunioation, 176 How far, as a matter of fact, non-intercourse is secured 176 Bttle of silence evaded constantly and in many ways. 177 Mr. Miller boldly proposes its abolishment 177 The multiplication of artificial rules to be avoided 178 A prison system to be preferred that works with, rather than against, nature. 178 Separate imprisonment desirable as a first stage of punishment 179 This highly punitive stage to melt into probation, and probation gradually into full freedom 179 The free play of the social nature the great spring of human improvement. . 179 This principle to be applied in prison life 179 The objection that the intercourse of prisoners is necessarily corrupting met and obviated.... IgO The self-respect of prisoners to be respected and cultivated 181 Parti-celored dress abolished in Massachusetts — should be in all prisons. ...« 181 The abolishment works well in Massachusetts 182 Has been abolished in all Scottish and some English prisons 183 Lock-step wounds self respect of prisoners less, but should be discarded 183 Provision generally ample in our state prisons for quelling a revolt 183 XIV OONTENTe. Pag». SECTION SIXTH. HoRAt amdRkuoious Aoimoiib 184-320 Supreme imporUnoe of snoh agenoies 184 Oreat progress made in this direction 184 Slietoh of this progreii in English prisons 184-186 Fearful lack of religious and moral influences prior to Howard's time.. 184 Latimer lifted up his voice against thenncheclied heathenism of prisons 185 Earlier efforts in this direction hy Bernard Oilpin and the non-conformist ministers ; 185 Later, Whitfield, the Wesieys and their followers preached much in prisons.. 185 Pre-eminent devotion of Sarah Peters to this work 185 Lahors of Silas Told in prisons for twenty-five years 186 Act passed in 1773 authorising the appointment of chaplains in English jails, 186 English prisons now well supplied in this respect 186 History of religious instruction in American prisons 186-102 Religions condition of these prisons in 1826 186 Some little sums paid to religious teachers 186 Not a single resident prison chaplain then in the United States 187 Many prison officers made earnest efforts in this direotion, and resident chaplains were appointed in 1827 in Auburn and Sing Sing 188 Decided and rapid progress made from that time 188 In 1833 every state prison cell in the country supplied with a bible .... 189 Bible much read by the prisoners at that time 18^ Resident chaplaincies soon after established in many prisons 189 Flourishing Sabbath schools reported in ten prisons in 1833 190 Morning and evening prayers established in some prisons 191 Immense good accomplished through chaplains and Sabbf^th schools. . . 192 Present state of religious instruction in the prisons of the United States and Canada 192 Bluoh attention given to this subject in the provincial penitentiary 193 Zealous labors of Chaplain Mulkins 193 View held by the Canadian inspectors of the value of religion as an agency of reformation 195 General view of the provision made for religions instruction in the prisons of the United States at the present time 196 Prisons in which Sabbath schools are established 196 Daily religious services held in prisons of Massachusetts and Connecticut) but in no others 198 One service and sermon on Sunday in all 198 A prison choir and melodeon in most prisons 198 The service of song found to have a good effect 198 The Lord's supper never administered, but baptism occasionally 198 Convicts' prayer meetings 199 Testimony to the interest taken by convicts in the religious services 202 Religious offices to the sick and the dying 202 Disposition made of the bodies of deceased prisoners 203 A burial service performed in some prisons, in others not 203 A copy of the bible placed in every cell 204 The bible in general much read by convicts 204 Religious tracts and papers freely distributed 205 Pastoral labor performed by chaplains 206 As a class, prison chaplains earnest, devoted men 206 Hampered in their work, especially by the contract system 206 Conversation with convicts on their entrance, how far practiced and how far neglected by chaplains 206 How far volunteer workers are admitted 207 Importance and value of such labors... 208 CONTENTS. XY MORAI. AND RiLIOIOPS AfllKOIBB— ConfiiMMd. . Pag». Ref alts of the religious influenoei brought to bear on conviota 300 The religioui element might and should be made more prominent in our priioni 210 HoaesO. Filsbury'i teitimony on this aubject SIS A daily aervice of prayer deairable • SIS Pre -eminent ^alue of paatoral work... .» 312 How far the after life of priaonera juatify the hopea inspired by their oondnot in prison , SIS The correspondenoe of oonvicta a potent moral agenoy 318 To what officers this agency is committed 318 Should be confided to chaplaina 313 Reatriotions placed on correapondenoe 314 Character of convicts* eorreapondence.... 316 Proportion of convictawho write lettera large 218 How far the correspondence of convicts is used to impart or deepen good im- pressions on their minds... 318 Visits of fHends another important moral agency 217 Influence of such visits generallyi not universally> regarded as salutary 318 General visitors another potent moral agency 218 Prison officers, almost without exception, regard auch visitation as injurious to the oonvicta , 318 Large proportion of the visitora femalea 310 Prisoners may bring their burdens and complaints to the wardens 310 Testimony of wardens unanimous to the beneficial influence of this liberty . . 220 SECTION SEVENTH. SecuiiAr InstruotioiC 221-230 Startling answer of a convict to the question, " Why do yon not have better thoughts?" 221 The answer suggests the whole philosophy of crime and reformation 221 To expel old thoughts and provide new and better ones the object proposed in the mental culture of convicts -221 Systematic and active efi'orts in this direction needed 221 How far the means of education are provided in Scottish and English prisons. 221 ' History of secular instruction and libraries in American prisons 222-220 First notice of this in a report made to Senate of New York in 1822. .. 222 Next mention of it in Judge Power's report of 1827 222 Sunday-school opened that year in Auburn to teach reading 222 The privilege of learning eagerly embraced by convicts 222 All early prison Sunday-schools instituted with a primary reference to secular instruction. 223 An act paaaed in 1820 by the legislature of Kentucky, requiring a school to be kept four hours every Sabbath 223 The same year, matter of intereat on the subject contained in a report to the legislature of New York , 224 Three items of interest, relating to secular instruction in prisons, em- bodied in the report of the Boston P. D. Society for 1841 225 The above items contain the first intimations met with in our researches of regular instruction in prison schools 225 This idea next year (1842) urged by a committee of the Connecticut legislature 225 A provision of the same year on the same subject, by the directors of the Wethersfield prison , 226 The chaplains at Auburn and Sing Sing, at the same time pleading hard for an enlargement of the means of instruction 226 A debating society in Charlestown prison 226 An act passed in 1847 by the legislature of New York, providing for the appointment of teachers in all the state prisons 227 ^ XVI 00NTENT8. SiouLAB In»nvcti0V'-CofUinu$d, Pag$. Other Statea hftT* followed the M»mple of New York SS8 Intereitiog notiee of a new prison lohool in Wiiooniin 328 First notice fonnd hj na looking toward a prison library, contained in a code of rulei enacted by the inspectors of the Kentaoky penitentiary inl803 3S8 First prison library in New Tork established in 1840 338 9100 appropriated to this object by New Jersey in 1841 339 In 1847, libraries found inmost of the States 220 Remarkable origin of the library of Alton prison, Illinois 229 The testimony of prison otBoers of that early period uniform as to the good effects of prison libraries 329 Provision for the instmction of. convicts in Canada 230 Proportion of prisoners unable to read in U. S. prisons 231 Some secular instruction given in most of them 231 In Indiana, school held from Nov. 1st to March 1st 231 In Ohio throughout the year 231 In most prison instruction imparted in cells 232 Branches taught 232 Prison libraries 232 Books usually selected by chaplains 333 Character of books composing prison libraries .- 333 Classes of works taken out by convicts 333 Methods of distribution 333 Books examined on their return 334 Proportion of prisoners who take out books ; 335 Time devoted to reading • 335 Secular newspapers not allowed in most state prisons 235 The reverse true of magaiines 235 Provision in different states for adding to libraries 235 Oreat utility of prison libraries 239 Should contain books of an entertaining and cheorf ul character 238 Suggestion as to the examination of prisoners on the books read 236 Cell instruction objectionable ; schools preferable 237 Suggestion in regard to means and apparatus for imparting knowledge to convicts 238 Mr. Sanborn's opinion 338 Convicts advantageously employed to assist in teaohing 238 Provision made for reading at night inadequate 238 • SECTION EIGHTH. Physical ard Hvoikric Relatiohb 239, 248 Ventilation of American prisons generally bad 239 Charlestown prison, Albany penitentiary, and some others, well ventilated.. 239 Modes of heating 240 Lighting by day and by night 240 Prison rations generally abundant and good 240 Dietaries of several persons 240 Place of taking meals 242 Methods of procuring supplies 242 Moral effect of suitable dietaries 243 Prison clothing coarse but comfortable 243 Clothing provided on liberation 244 Beds and bedding 244 Condition of beds, airing, Ac 244 Vermin in prisons 245 Supply of water • 245 Means of personal eleanlinesi 245 OOMTENTS. XVll Pbtsical AMI) Htoibnic RitATiOHS— Con/tett«d. Pag». Fleth brnih nowhere nied, bnt reeommended 246 Waihlng of priionen' olothes and bedding. 240 Ameriean priioni generally kept olean and neat 240 Shaving and balroatting 240 ProTiiion for meeting the oalli of nature 247 Diaeaiei most prevalent. 247 Diiea«e found to yield moet readily in reeent oonvioti 247 Some tradea punned in priion prejudioial to health 247 Percentage of eonvicte in hospital 247 Malingering — diseases of tenest feigned..... 247 Diet for the siok wholly in the physician's disoretiou 243 Disposition made of insane prisoners 243 Long imprisonments injurious to health 248 SECTION NINTH. Prison Inpcstrika 248, 265 Felons in United States always sentenced to " hard labor " 248 The element of hard labor in the sentence both just and politic 248 Four systems of convict labor in United States 248 1. Working the convicts on account of the state 24H 2. Leasing the prison and prisoners for so much a year 248 3. Working the convicts on the joint account of the state and the warden, 249 4. Hiring the convicts to contractors (contract system) 249 - Contract system described 249 Low rates paid for convict labor by contractors 249 Average amount of work done by convicts 249 Contractors furnished with shop and yard room gratis 249 Average hours during which convicts are worked 249 Number of skilled mechanics found among prisoners surprisingly small 249 Mass of convicts mado up of laborers, Ac, Ac 250 Small proportion who have learned trades 259 A subject of regret that trades are not more commonly t-augbt in our prisons. 250 A few prisons, and only a few, make this an object 250 Prison officers unanimous that teaching a trade would promote reformation .. 251 Reformation cheapest in the long run 251 "Overwork" In prisons • 251 The system of convict labor, noted in our enumeration as third, no longer any- where employed , 253 The system noted as second — leasing — is now in use in Illinois and Kentucky, 253 The system an extremely objectionable one 253 The system noted as first — that of working the convicts on account of the state — not extensively employed 255 This system highly successful in the few prisons where it is adopted 255 The system noted as fourth— contract system — is the one in common use 255 Inquiry into tho effect of this system on the finances and discipline of the state prisons . 255 Influence of the system dreaded by the early apostles of the Auburn discipline, 250 How does the contract system affect the pecuniary interest of the state 7 256 That the state must be a loser by it, a natural inference from its essential character 256 Contract system. In practice, an absolute monopoly 257 Artifices of contractors to keep down the price of eonvict labor 257 Large profits made by contractors 257 This proposition attested by numerous competent witnesses 257 Same profits might be realised for the state under a different system 258 Proof of this proposition two-fold 258 [A2j I;i XViii CONTENTS. Prison IitDrsTRiBs — Continwd. Pagi. 1 . Tho teitimony of wUneiiei of nnqaestionable oompetenoy 268 2. The faett of ezperlenee 259 The argnment thni fnr againtt tho oontrnot aystem rests on iti cuenti*! nature, the authority of oompotent Jadgoi, and thn resnlti of osperimcnta. 260 A ipeoial argument againit it in Now Yorli from the enormous louei the (tato has sustained through flotitions damages paid to contraotors 260 Fornioious effect of oontraot system on discipline 261 1. By placing oonTiots, for the whole worltingday, under the control of men without official responsibility 261 2. By introducing as industrial teachers of the oonriots a yery improper class of persons 261 3. By settingup << a power behind the throne greater than the throne." 261 In these and other ways a most demoralising effect wrought by the contract system 262 Contract system an impediment to reformation 202 Formerly oonriots abandoned as irreclaimable 262 This cold and cruel doctrine exploded 262 Practicability of reformation demonstrated by experience 262 Reformation practicable only through suitable agencies 263 These agencies are : 1. Religion. 2. Education. 3. Industry. 4. Acquisi- tion of a trade 263 Reformation by these agencies a work of time 265 Contract system opposed to all except tho third 266 The whole theory of our penitentiary system rendered nugatory by oontraot system and political appointments. 265 SECTION TENTH. Prisox FiNAifCBa 265, 260 Impossibility of collecting much reliable information on this subject 265 causes of this inability 265 Earnings and expenditures of the Ohio state prison for ten years 267 Earnings and expenditures of Massachusetts state prison for twelve years. . . . 267 State prison of Connecticut self-supporting for 43 years, except throe 268 Financial management of New Hampshire prison eminently successful 268 Admirable financial results latterly obtained in Maine 268 Wisconsin state prison financially prosperous 269 Financial exhibit of eastern penitentiary for ten years 269 SECTION ELEVENTH. Sentehces 269, 281 The proper duration of penal sentences a perplexing question 269 Wide range allowed to judges 269 Immense inequality of sentences and its ivil effects 270 Testimony of eminent prison officers on this subject 270 Arerage duration of state prison sentences quite different in different states. . 271 An imprisonment of ten years breaics down most prisoners, physically and mentally 272 Moderate sentences, with tho certainty of serring them out, preferred by all prison officers to long sentences, with the Aope of pardon 272 The average of state prison sentences quite long enough 273 The average sentences too short in prisons of a lower grado 273 Repeated ehort imprisonments utterly worthless, because 274 1. They demoraliie the prisoners 274 2. They discourage the officers 274 3. They impose a heavy tax on the public 274 4. They iuivrpose an insuperable bar to reformation ••• 274 CONTENTS. six VjijiTmcM— C00 302 to 20 803 , 803 803 304 304 rdi«r'« 306 iroga- 305 300 308 Uw or 308 »f »U7 308 f •• • 309 nflned 310 310 311 ■ • • • • 311 ■ • • • ■ • 311 311 . 312 -313 York. 312 312 312 » . . . • 313 « • • • t 313 313 • ■ • • • 313 OONTEMTS. XXl CovHTT JkiLU—ConHitu»d. Pag$. 6t»t*ment of » New Jerity lawyer, roUtlre to the Jfttli of that itate 314 SUtement of Mr. Mendenhall, conoerning the Jaili In Ohio 315 Stiitement of Mr. Mnllen and the Philadelphia Priion Society, on the Jaili of ronniyWanla 31 A Tl jail at Chicago, ininoU 317 TheJalliatSt. I uU and Jefferion City, Mlitonri 318 The Jail at IndlanapolU, Indiana 320 The Jail at Loalirllle, Kentuoky 330 The Jail lyitem in Kontaoky 330 The Jail at Cincinnati, Ohio 331 Condition of thejalli in New York 821 The Jails of Illinoii, ai doioribed by iheriff Wm. P. Orafton 331 The Jaili of Maryland, ai deioribed by warden Thot , 0. Jamei 323 The Jail lystem of Maiiaohaietti, as deioribed by lecretary Sanborn 33S The Jail lyitem of Oonneoticat 330 An act in Connecticut to take the Jaili out of the custody of iheriffs 330 The principle of thii act incorporated into the legiilation of New Jeney .... 831 Philadelphia Priion Society In favor of Its adoption for Pennsylvania 331 Tenure of office of Jail -keeperi ihould be permanent 331 Another Howard needed to explore the Jaili of our country, and a new « State of Prifoni " to bring theie abuiei to light 832 «< Legion" ii thenaae of thereformi needed here 333 The lystem must be replaced by a better 333 What shall it beT 333 1. Prisoners must not be made worse in Jail 833 3. Jails must be made simply houses of detention 334 3. Separate imprisonment must be enforced in them 334 4. Religious instruction mast be imparted to all, and secular to those who need It 335 5. A central authority muit be created, to regulate and luperviie the whole system 335 CHAPTER III. Prisons intbrhidiatb betwkbn thb Jail and tbb State Prison 337-352 Massachnietts the only state that has a ooiLplote system of such prisons 337 Some other states have a few 337 Board of prison inspectors in Canada urging their establishment .... 3-^7 The system of houses of correction in Massachusetts, as described by Mr. San- born 338 Detroit house of correction, a model of its olasi 339 Notice of its superintendent, Mr. Z. R. Brookway 339 Description of this prison, by Mr. Brookway. 340 The bridewell at Chicago, Illinois 344 City workhouse at St. Louis, Missouri , 346 City workhouse at Louisville, Kentucky 349 City prison at Cincinnati, Ohio 349 Male and female departments of same in sharp contrast with each other 350 Wretched condition of the male department 350 Female department admirably managed 350 The county penitentiaries of New York the beaf«. ... I68-S08 , S68 >»S 86S our ln> SM idutritl 854 855 Ipt 855 880 800 8«1 802 imber m 8C1 Vi 408 i of their SOS ,,.. 806-887 800 805 800 800 800 800 807 807 807 808 808 809 809 309 809 870 870 870 870 371 871 CONTENTS. XXnt Baruii or ■x^Oomiioiii ok tbs Parooiiiii* Powi»— C«tiliiHM4l. Pagt. ADiwtr by Hon. W. L. Qroonly H71 do Don. John A. King 371 do Uon. Wm. F. Jubnaon STt Qnaition IV 371 Aniwer by OhUf JniUe« Chaie 871 do Hon. A. U. Hulley 871 do Hon. Iirafll Waabburne 873 do Hon. fiaiiiiisl Walli 871 do Hon. W. L. (> "enly 878 do Hon. John A. king mt 87S do Uon. W. F. Jobnion ■ 87S Question V 378 Aniwer by Chief Justice Chue 874 do Hon. Wm. W. Ellsworth 874 do Uon. A. H. Uolley 374 do Hon. Israel Washburn 874 do Hon. Samuel Weill 874 do Hon. W. L. Oreenly 375 do Hon. John A. King 875 do Hon. Wm. F. Johnson • 375 Question VI 375 Answer by Chief Justice Chase 870 do Uon. A. H. Uolley 370 do Hon. Israel Washburn 370 do Hon. Samuel Weill 870 do Uon. W. L. Oreenly 370 do Hon. John A. King 370 do Hon. Wm. F. Johnson 376 Question VII 378 Answer by Chief Justice Chase 378 do Hon. A. H. Uolley 379 do Hon. Israel Washburn 378 do Hon. Samuel Wells 37g , do Uon. W. L. Oreenly 373 do Hon. John A. King 373 do Uon. Wm. F. Johnson 878 Oeneral answer by Hon. Washington Hunt 379 do Hon. E. T. Throop 3gO do Hon. Wm. F. Packer . 334 do Bon. Henry Dutton 334 do Hon. Isaac Toucey sgj^ do Hon. Elisha Dyer , 335 do Hon. H. B. Anthony 335 II. LiTTiR FROM Hon. 0. MmroiNHALL oh Prison Disciplimr in Ohio 388-392 Importance of the subject 333 Little progress made 333 Necessity for competent ofBcers and christian influences 333 Prison system of Ohio described 333 Nm central authority ; importance of inch an agency. 339 Juvenile reformatories too few 339 Promisouous association in jails and its evils 390 Radical reform needed — separate system preferred 390 Everything degrading to manhood should be discarded, including parti- colored dress 390 Badges of good conduct advocated 390 Uen i» prison much the same as menou/«uf<.... ,. 391 I XXIV CONTENTS. Lgttbb on Prison Discipline— Continued. Page. Christianity the great power in reforming criminals 391 Central board needed to secure good oflBcers 391 The principle of reward should be extended 391 Influence of the contract system deleterious 391 Revision of penal code neceisary 392 Life sentences should be abolished, so that all may feel the inspiring influence of hope 302 III. Tbree Lbttbrs rROH Mrs. Sarah Peter oh the Female Citt Prison of Cincinnati 303-398 Idea on which it is founded borrowed from foreign lands 393 Labors of the Sisters of the Good Shepherd among female conricts 393 Services of these sisters much employed and very successful in this depart- ment 393 Always observant of the laws and usages of the locality 393 No change made, in this respect, in Cincinnati 304 The most stubborn yield to their firm but gentle rule 394 Their only punishment solitary confinement in a small bat comfortable room. . 394 Trades introduced into female prisons in Europe under the sisterhood 394 Efforts of Mrs. Peter to havo this system introduced into city prison of Cin- cinnati 394 Discouragements and ultimate success 395 Change wrought in three years 395 Stipend of the sisters $100 each a year 395 Prison open to religious instruction of all denominations 396 The religious principle lies at the bottom of the whole work 306 The system tested by its fruits 396 A wise and efficient administration all-important 397 The confidence of prisoners must be won 398 Rewards attendant on good behavior ' 398 Purified affections the groat source of power over criminals 398 IV. Jdvenile Reformatories 300-457 Names of gentlemen responding to our interrogatories, and of the institutions for which they respond 309' Dates at which the several institutions were established 399 By what authority and with what funds founded 400 Whence the funds for their support obtained 400 Extent of grounds belonging to them 401 Their buildings, arrangements and uses 402 Number of inmates which each can accommodato 406 Total cost of «.ach 407 Government of the several institutions 408 Powers and duties of the governing board 400 Officers composing the staff of each 410 Whether both sexes are received 411 Between what ages children are admissible 411 For what causes committed 412 By what authority committed - 412 Whether committed for specified time, or indefinitely 413 When tho right of guardianship expires 414 GovcrniDg board clothed with the right to discharge 414 Modes of release 414 Whether the institution is to bo regarded as a prison or a school 415 Cbarncter of the discipline 415 Rules and regulations.. 410 Proceedings of a day... . 416 Proceedings of a Sabbath , 421 CONTENTS. XXV Page, 301 391 391 391 392 iflaence 392 SON OF ....393-398 393 393 iepart- 393 393 394 394 room.. 394 ..*..... 394 of Cin- 394 395 395 395 896 , 396 396 397 398 398 398 ..390-157 itntiona .... 399- .... 399 .... 400 ... 400 .... 401 .... 402 .... 406 .... 407 .... 408 .... 409 .... 410 .... 411 411 412 412 413 414 414 414 415 415 416 416 421 JuvBKiLE Refobkatobies — Contitiutd. Writ of habeas corpus availablo in behalf of tho children committed, bnt sel- dom aged 423 How far the children sleep in separate rooma or common dormitories 424 How far they may communicate, and how far tho law of silence is enforced . . 425 Time spent in school 426 Branches pursued 426 Progress mado 427 Nurabor of volumes in library, Ac 427 How far a fondness for reading is shown 428 Whether a trade is taught 429 Occupations carried on in each 429 Whether the labor of the children is let to contractors 430 Chaplains 431 How far the heart is cultivated, &j2 4.12 Importance attached to the inculcation of religious and moral truth 433 Counsels given on reception 433 Classification and its details 434 Antecedents of the children — bow far recorded 435 How fur thoir history is recorded while inmates 438 Huw far a knowledge of them is kept up after thoir discharge or indenture.. 439 Proportion of the reformed 440 Proportion of orphans 441 do half -orphans 411 dor who have idle or vicious parents 442 Recreations of the children 442 Supervision while at play 443 M'hether officers in charge take part in their games 443 The dietaries 443 Whether tho children are allowed food or luxuries beyond what the institu- tion provides 415 Attention given to cleanliness 446 Health of tho inmates 447 Percentage on sick list 447 Annual percentage of deaths 447 ''• ' Diseases most prevalent 443 ''■-■• How often tho physicians attend 448 ' ' Hospital accommodations 449 Aggregate annual earnings 449 '' ' Aggregate annual expenses 4£0 Average annual cost of each inmate 451 ■ ' Average time of retention 451 Average age at reception 452 Average ago at discharge 452 Punishments employed 453 Rewards for good conduct 454 Whether customary to present a Bible to each ininato on leaving 454 -■'' Whether the gift is accompanied with suitable counsels 455 V Class of boys and girls most diJScult to reform 456 " • Whether right of guardianship is reserved nftcr indenture 45^ ■■ • Whether nu indentured youth leaving his master can bo brought back 456 Whether a like power exists as to those who have gone out in other ways.... 466 V. Administration op Criminal Justice 458-547 - .. Question I. What is the judicial system of your state? 458 ■' Answers by Geo. W. Scarlo and others, (see names of gentlemen responding, ;H , on page 304) 45S ;i Question II. Are judges appointed or elected? * 468 XXVI CONTENTS. Advivistration of Criminal Justice — Continued. Page. Answer! by Bame gentlemen 486 Question III. Punnisbments annoxed to different orimes 1 468 Answers 469 Question IV. Is tbere a wide diversity in the pauisbments awarded to the same crime? *. 402 Answers 493 Question V. Are sheriffs appointed or elected 7 495 Answers 496 Question VI. How many justices in each township, kc.1 ■ 497 Answers 497 Question VII. What proportion of the indicted are brought to trial? 498 Answers 499 Question VIII. What proportion of the tried are convicted? 501 Answers 501 Question IX. What proportion of the arraigned plead guilty ? 503 Answers 5U3 Question X. Whether the plea is to the offence charged or a lower offence of the same kind? 504 Answers 504 Question XI. Of persons charged with homicide, what proportion conriotod? ' what executed ? 506 Answers 506 Question XII. Is the disproportion between the arrested and convicted greatest in crimes of a higher or lower grade 7 508 Answers 508 Question XIII. Average length of imprisonment, prior to trial? 509 Answers 509 Question XIV. Whether the moral effect of conviction is impaired by its long delay? 510 Answers....' 510 Question XV. Causes of such delays, if they exist? 512 Answers 512 Question XVI. Whether there is often a failure to convict in high crimes?. . . 513 Answers 514 Question XVII. The effect of such failure? 515 Answers 515 Question XVIII. Are prosecuting attorneys appointed or elected? 516 Answers 516 Question XIX. Is their compensation by salaries or fees 7 518 Answers 518 Question XX. Effect upon their fidelity, if compensation is by salaries? 519 Answers 519 Question XXI. How far is bail money collected 7 520 Answers 520 Question XXII. How as to justices' fines? 521 Answers 521 Question XXIII. Disposition made of moneys collected in this way? 523 Answers 523 Question XXIV. How as to corruption among police officers? 524 Answers 524 Question XXV. Whether witnesses are confined with criminals, and whether they are compensated for loss of time 7 526 Answers. 526 Question XXVI. Whether the death pcnulty hat been abolished; if so, its effect on crime? 628 Answers 528 CONTENTS. XXvii Admimibtration of CniuiN al Jvarici— Continued. Pag$. Question XXVII. Whether indictments have been abolished; If lo, what is the substitute, and what the effect of the change 7 532 Answers 532 Question XXVIII. How as to instructions given by judges when it is a ques- tion of insanity? 534 Answers 634 Question XXIX. Effect of the exercise of the pardoning power, Ac. ? 538 Answers 538 Question XXX. Whether life-men are more frequently pardoned than others? 539 Answers 639 Question XXXI. Whether there is a system of criminal statistics? 541 Answers 641 Question XXXII. Whether a code of criminal procedure has been established? 542 Answers 542 Question XXXIII. Defects existing and improrements needed? 543 Answers 543 REPORT. Introduction. It was under a deep feeling of responsibility that the under- signed, ccunmissioncrs of the Prison Association of New York, undertook the duty assigned them; and it is under a no less solemn sense of responsibility that they now enter upon the task of erftbod^'ing, in a report to be submitted to the Legislature of the State, the results of their observations and inquiries. Our instructions were, to visit and inspect the penal and correctional institutions of the states of our Union; to examine their prison systems; and to inquire into their administration of criminal jus- tice. To facilitate the objects of our mission, in addition to the commission received from the President of the Association, we we were furnished with a circular letter from Gov. Fenton to the governors of the several states; and for the aid thus rendered — for such we found it — our thanks are due and cordially given to his Excellency. It will be proper here to state the occasion of our appointment. Among its other functions, the Prison ^^.ssocatiou of New York is charged by law with the duty of seeking to improve the govern- ment and discipline of our prisons. To this end, it is charged with the further duty of annually visiting, inspecting and examining these institutions, and reporting their state and condition to the Legislature. In obedience to this injunction of law, all the prisons of the State have been repeatedly visited and reported on. The result of these examinations has been a conviction that our whole prison system needs careful and judicious revision. Under this conviction, a conuuittee was appointed by the Association to consider the present organization of our prisons and to report a plan for their re organizatiou; thiit is, to prepare a comprehensive scheme for an improved prison system. It was at the instance of this committee, and because they desired the best lights attainable [Assera. No. 35. J 1 2 PRISONS AND REFORMATORIES OF THE to giiido them in their work, thnt the present commission was ordained, and the undersigned designated to compose it. By the terms of our appointment, there was no restriction to the field of our inquiries, other than the territorial linu'ts of the United States. There was, indeed, a practical limitation, resulting as well from considerations of time and expense, as from a prudent discretion. No state beyond the Mississippi, except Missouri, was visited, and none of those lately in rebellion. But while the commissioners did not exhaust their full powers within the United States, they overstepped the letter of their authority by extending their inqui- ries to the prison system and some of the prisons of the neighbor- ing province of Canada. The states actually visited by the commissioners were: Connecticut, Delaware, Illinois, Indiana, Kentucky, Maine, Mar}'- land, Massachusetts, Michigan, Missouri, New Hampshire, New Jersey, Ob'o, Pennsylvania, Rhode Island, Vermont, West Virginia, and Wisconsin. Of these eighteen states, two, Delaware and West Virginia, have no state prisons, but confine their crimi- nals, convicted of state prison offences, the former in the jail at New Castle, and the latter in that of the city of Wheeling. Of the remaining sixteen, two, Pennsylvania and Indiana, have each two state prisons; the rest each one. Five of the above states, Delaware, Indiana, New Jersey, Vermont, and West Vivgim'a, had no reformatories at the time of our visit; but Vermont has since established one,. New Jersey is about to do likewise, and Delaware is making efforts in the simie direction. Of the other thirteen states visited, all have at least one reform school, Ohio has two, Pennsylvania three, and Massachusetts three. We inspected, more or less thoroughly, all the state prisons in the states visited, almost all the correctional institutions, and as many of the com- mon jails, muiucipal prisons, workhouses, and houses of correction, as our time would permit. Of course, it was not possible to make an exhaustive personal examination of so large a number of prisons. Years, instead of mouths, would have been required for such a labor. Therefore, to supplement our personal observations, we prepared five distinct series of interrogatories on as many difler- ent branches of the general inquiry with which we were charged, viz : I. State Prisons. II. County Jails. III. Houses of Correc- tion. IV. Juvenile Reformatories. V. The Administration of Criminal Justice. These interrogatories were drawn up with care, ''V UNITED STATES AND CANADA. 8 and were as exhaustive of the subjects to which they relate as wo could make them. As iu none of the states is there any central authority, having charge of the county jails, and in none, except Mtissachusetts, any t'cneral system of houses of correction, or other prisons interme- diate between the state prison and the common jail, but little use could be made of the questions relating to these two classes of prisons. The other series were committed to prison officers and other competent persons in the several states visited. No replies have been received in regard to state prisons from Delaware, Illinois, Maryland, New Jersey, West Virginia, the Eastern peni- tentiary. Pa., or that of southern Indiana. From fourteen prisons of this class, replies have been obtained, most of which are full and satisfactory, and must have cost their authors no little time and labor in their preparation. Answers have also been received, prepared \vith much care, from fourteen reformatories. Gentle- men of high legal ability and standing, in nine states, have responded to our interrogatories on the administration of criminal justice, sending us papers of very great value thereupon. A few answers have likewise been received relating to county jails and houses of correction, and a considerable number of private letters, from ladies as well as gentlemen, conveying valuable information and oifering no less valuable suggestions touching the matters, iu which all the friends of prison reform feel so deep an interest. To all who have thus aided us, at the cost of so much time and toil, we tender our heartfelt thanks, trusting that they will find their reward in the consciousness of having helped forward a work which will not prove wholly fruitless of influences favorable to the progress of a just and enlightened prison discipline. In all the states visited, the commissioners sought opportunity to converse with governors, judges, attorneys general, and private citizens of eminence, on the matters to which their mission related. Everywhere we were warmly welcomed. Everywhere a lively interest was expressed in our object. Everywhere the present labor was regarded as having a national scope and import- ance. All this was gratifying to the commissioners, as indicating that the investigation in which we were engaged had become a felt want of the country, and that it promises results not confined to the state in which it originated, though she claims to be an "empire" in herself, but extending far beyond her boundaries, Ml. 4 PRISONS AND REF0RMRT0RIE8 OF THE fliiil indeed ombrncing the tcrritcritil limits of the whole United States. We deem it proper, at this point, to indicate, somewhat more in detail, tiie sources, beyond the notes and memoranda of our per- sonal o1)scrvations, from which wo have drawn the matter of the ensuing report. I. Printed DocuMENTg. Of those we collected a very large number, which, having been bound, form the following volumes: Vols. I.-IV. Documents published by the legislature of Connecticut during the years 18C2, 1863, 1864, and 1865, containing, among others, the Annual Reports of the State Prison at Weathersfield for those years. Vol, V. Annual Reports of the State Reform School of Connecticut for the years 1853 and 1854, and also for those of 1856-1865, inclu- sive. These Reports include the Act establishing the State Reform School, the Rules and Regulations for the government of the same, the Laws relating to the school, and the form of an indenture adopted by the trustees. Vol. VI. Annual Reports of the Board of Inspectors on the Canada Prisons, Reformatories, &c., for the years 1860, 1861, and 1862. Vol. VII. 1. Preliminary Report of the Board of Inspectors of the Prisons, &c., of Canada (which should have been bound with the documents in the preceding Vol). 2. The Annual Reports on the same for 1863 and 1864. 3. Rules and Regulations for Common Jails. 4. Rules and Regulations for the Provincial Penitentiary. 5. A Glance at the Present State of the Common Jails of Canada. By E. A. Meredith, LL. D. ^ Vol. VIIL 1. Biennial Report on the Illinois State Penitentiary for thp years 1857 and 1858, said report containing "Guards' Duty" ian,d Rules and Regulations for the Government of the Illinois State Penitentiary. •N, UNITED STATES AND CANADA. 2. Report cf the Superintendent of the Illinois State Penitcu- tiary for 1858. 3. Annual Reports of iho Commissioners to locate and build an additional Penitentiary for the years 1857 and 1858 (1 t and Second). 4. Annual Reports on the Illinois State Penitentiary by the Commissioners, for the years 1850 and 1860 (Third and Fourth). 5. Biennial Report of the Warden of the Illinois State Peniten- tiary for the years 1859 and 18G0, including the Reports of the Chaplain and Physician. (5. Annual Rop(n'ts on the Illinois State Penitentiary, by the Commissioners, for the years 1861 and 1862 (Fifth and Sixth), including Chaplain's luul Physician's Reports. 7. Annual Reports on the Illinois State Penitentiary, by the Commissioners, for the years 1863 and 1864 (Seventh and Eighth), including Chiiplain's and Physician's Reports. 8. Copy of the Commutation Law of Illinois, approved Feb. 20, 1863. 9. Messages of Governor Yates to the Legislatures of 1863 and 1864, containing sections devoted to the State Penitentiary. Vol IX. 1. Annual Reports of the Chicago Reform School, from 1859 to 1865, inclusive. 2. Appendix to Fourth Report, under the title of A Considera- tion of the Cause and Cure of Juvenile Crime, pp. 41-58. 3. Amendments to the law establishing the Chicago Reform School, approved February 13, 1863, appended to Ninth Report, pp. 41-46. Vol X. 1. Fifth Annual Report of the Board of Control of the North, ern Indiana State Prison for the year 1864. 2. Eighteenth Annual Report of the Officers of the Southern Indiana State Prison for the year 1864. 3. Laws, Rules and General Regulations for the Government of the Indiana State Prison at Jeffersonville. Vol XL 1. A Report on the History and Management of the Kentucky ufe SV*^ origin, in 1798, to March 1, 1860. By Wm. C. Sneed.^.TDr.pbhe of the Surgeons to the Kentucky Peniten- tiary. [To this volume are appended] 6 PRISONS AND REFORMATORIES OF THE 2. Report of the Keeper uiid Lessee of the Kentucky Peniten- tiary for 1804. 3. Ditto for 1866. Vol XIL 1. Koport on tlie Maine Slute Prison for 1854, to whicli is np- pcniled a Report of a Committee of the Council appointed by the Governor to visit the State Prisons of New England. 2. Report on the Maine State Prison for 1803. 8. do do do 1804. 4. do do do 1865. 5. Rules to be observed l)y the Convicts of the Maine State Prison. 6. Report on the System of Disbursements, Labor and Disci- pline of the Maine State Prison, by the Hon. James G. Blaine, Commissioner appointed under a Legislative Resolve, approved March 27, 1858. 7. Annual Reports of the State Reform School of ^Maine for the 3'ears 1854-1865 inclusive, except the years 1859 and 1862, not furnished. 8. By-Laws for the Government and Regulation of the Maine State Reform School, to which are added the State Laws relating to the same. Vol. XIII. 1. Annual Reports of the ISIaryland 1\ aitontiary for the years 1857-1864. 2. Annual Reports on the Baltimore City Jail for the years 1861-1805. 3. Rules and Regulations of the Maryland Penitentiaiy. . Vol. XIV. 1. Annual Reports of the Baltimore House of Refuge for the years 1851-1865, except for 1852, not furnished. 2. A Memorial to the Legislature of Maryland, by the Man- agers, appended to their First Report (1851). 3. A History of the Baltimore House of Refuge, appended to the Fifth Report. \ 4. A Memorandum on Houses of Refuge in the United States, appended to same report. Vols. XV and XV L 1. Annual Reports on the Massachusetts State Prison for the j'cars 1839-1865, except for 18-12, 1843, 1846 and 1852, not furnished. UNITED STATES AND CANADA. N. P. Banks to the Legislature on the 2. Annual Reports of the Massachusetts State Agti for aid- iu(r Discharged Convicts, for the year 1859-1864. 3, Rules and Regulations for the Government of the Massachu- setts State Prison, approved by the Governor and Council, 1862. 4. Special Report on Prisons and Prison Discipline, by the Secretary of the Massachusetts Board of State Charities. 5, Catalogue of Books in the Library of the Massachusetts State Piison. Vol. XVII. 1. Annuid Reports of the Massachusetts State Reform School at Wcslborough, for the years 1857-1865. 2. Annual Reports of the Nautical Branch of the S. R. School for the years 1860-1865. 3. Message of Gov Destruction by Fire of the Buildings of the S. R. School at West- borough. 4. Sundry Communications to Gov. Banks from the Trustees and others in relation to the same. 5. Report of a Legislative Committee on the same subject. 6. An Act establishing the Nautical Branch of the State Reform School, 1859. 7. Legislative Resolves relating to said Nautical Branch. 8. do do S. R. School. 9. By-Laws for the Government and Regulation of the S. R. School. Vol. XVIII. 1. Annual Report of the Board of Directors for Public Institu- tions in Boston for the years 1858-1864. [These Institutions are the House of Correction. House of Industry, House of Reforma- tion and Boston Lunatic Hospital.] 2. Rules and Regulations for the several Institutions of the City of Boston [those, to wit, above named]. 3. Report of a Committee of the Common Council of Boston on Alleged Abuses at the Houses of Reformation and Correction, 1864. 4. Report of a Committee of the Board of Directors on the subject of a Piggery for the use of the City Swill, 1861. 5. Report of a Committee of same Board on the Supply of Butter and Milk for the Institutions under their charge, 1861. 6. Eleventh Annual Report of Rainsford Island Hospital, Bos- ton Harbor, 1864. 8 PRISONS AND REFORMATORIES OF THE Vol. XIX. 1. Aniumi Ropoi'ts of tho Ma.-MichiiHcttH Stato Indnstriul School for Girls for tho years IHOO-lHOf), except that for 1857, not fur- iiisheil. 2. A Moniorandiini on tho Economy of Keforniutorius, Avilh a Comprehensive View of European Preventive Institutious, ap- pended to (he First Annual Uep. Answers by Gideon Haynes, Warden Massachusetts State Prison. (5. Answers by W. L. Seaton, Ex- Warden Mich. State Prison. 7. Answers by P. T. Miller, Ex-AVarden Missouri Penitentiary. 8. Answers by Rev. Samuel Cooke, Chaplain N. II. State Prison. 9. Ansivers by John A. Prentice Warden Ohio Penitentiary. 10. Answers by H. Campbell, Warden Western Penitentiary, Pa. 11. Answers by R. W. Blaisdell, Warden R. I. State Prison. 12. Answers by Rev. Malcolm Douglas, Chaplain Vcrniont State Prison. 13. Answers by H. Cordier, Esq., Commissioner Wisconsin State Prison. [No answers wore received from the wardens of the State pri- sons of Illinois, Southern Indiana, Maryland, New Jersey, and the Eastern Penitentiary, Pa., nor from I he keepers of the jails iu Delaware and West Virginia, in which State prisoners are confined.] Interrogatories on Houses of Correction in Mass. : 14. Answers by F. B. Sanborn, Sec. Board of State Charities. Interrogatoi'ies on the Detroit House of Correction : 15. Answers 1)3'^ Z. R. Brockway, Superintendent. [The above are all the answers received on Houses of Correction.] Interrogatories on Countj'^ Jails : IG. Answers b}'^ F. B. Sanborn, Mass. 17. Answers by W. P. Crafton, Sheriff of Sangamon Co., ill. 18. Answers by the Warden of Baltimore City Jail, Md. [The ab(»';e are all the answers received on county jails.] Interrogatories on Juvenile Reformatories : 19. Answers by E. VV. Hatch, Superintendent of the State Re- form School of Connecticut. 20. Answers by George W. Perkins, Superintendent Chicago Reform School. 21. Answers l)y George B. Barrows, Superintendent State Re- form School of Maine. 22. Answers by W. R. Lincoln, Sup't Baltiimore House of Re- fuge. 23. Answers by Jos. A. Allen, Superintendent State Reform School of Maissachusctts. [Assem. No. 35.J 2 18 PRISONS AND REFORMATORIES OP THE 24. Answers by Richard Matthews, Superintendent Nautical Branch of State Ketorm School, Mass. 25. Answers by Rev. Marcus Ames, Superintendent and Chap- lain Mass. State Industrial School for Girls. 20. Answers by C. B. Robinson, Sujjerintendent State Reform School of Michigan. 27. Answers by II. S. Glcason, Superintendent St. Louis House of Refuge. 28. Answers by Abijah Watson, Superintendent Cincinnati IIou-sc of Refujje. 29. Answers by Jesse K. McKeever, Superintendent Philadelphia House of Refuge — white department. « 30. Answers by J. Hood Laverty, Superintendent Philadelphia House of Refuge — colored department. 31. Answers by James M. Talcott, Superintendent Providence Reform Scliool, R. I. 32. Answers by Moses Barrett, Superintendent State Reform School, Wisconsin. [There are no reformatories in Delaware, Indiana, New Jersey Vermont, West Virginia. That in Kentucky, near Louisville, had but just gone into operation. The only institutions of this kind visited, from whose superintendents no answers Averc received, were the Pittsburgh House of Refujxe and the State Ref. School of New Hampshire.] Interrogatories on the Administration of Criminal Justice : 33. Answers by Walter Pitkin, Esq., of Connecticut. 34. Answers by Hon. Conrad Baker and A. Wilsbach, Esqs., of Indiana. 35. Answers by lion. E. L. Van Winkle, of Kentucky. 30. Answci's by A. Sterling, jr., Esq., of Maryland. 37. Answers by George W. Searle, Esq., of Massachusetts. 38. Answers l)y li. K. Clark and Henry A. Morrow, Escjs., of Michigan. 39. Answers by Cortlandt Parker, Esq., and Jno. F. liegeman, Esq., of New Jersey. 40. Answers by Hon. S. D. Bell, of New Hampshire. 41. Answers by J. J. Barclay, Esq., of Pennsylvania. [No answers were received from the gentlemen in the nine other States, in whose hands we placed otu* interrogatories, although from most of them we received assurances that our request should be complied with.] UNITED STATES AND CANADA. 19 enrcman, 42. Three Letters from Mrs. Siinih Peter, of Cincinnati, Ohio, relating to the Female Prison of that city and those European prisons, on whose model it is conducted. 43. A letter from the Hon. Cyrus Mendenhall, of Ohio, giving an outline of the Prison System of that State, with Suggestions as to needed Modification herein. 44. A valuable Letter on several Points connected with the Organization and Management of Prisons and the Objects of Prison Discipline, from a Gentleman connected as Inspector with a State Prison, who prefers that his name should not be mentioned. 45. A Letter on the Maimer of Changing Books in the Prison Library of the Massachusetts State Prison, from the Kev. G. J. Carleton, Chaplain of the Prison. Previously to the appointment of the undersigned as commis- sioners to visit prisons out of the State, a special committee, of Avhich Dr. Lieber was chairnuvp, had been appointed to corres- pond Avith ex-Governors of the several States in regard to the pardoning power. Letters containing a set of interrogatories on this subject were addressed to all the ex-Governors of the loyal States, but answers were received only from the following gentle- men, viz : Hons. Salmon P. Chase, of Ohio ; Israel Washburne, Maine ; Samuel Wells, Maine ; Henry Dutton, Connecticut ; \Vm. W. Ellsworth, Connecticut ; A. H. Holley, Connecticut ; Isaac Toucey, Connecticut ; H. B. Anthony, Rhode Island ; Elisha Dyer, Rhode Island; Washington Hunt, New York; John A. King, New York ; E. T. Throop, New York ; Wm. F. Johnston, Pennsylvania ; Wm. F. Packer, Pennsylvania ; Wm L. Greealy, Michigan. The above communications were passed over to the under- signed, who were also members of the special committee, for incorporation, as far Jis they might judge expedient, in the present report. We deem it proper to append, at this point, the several series of interrogatories, referred to in a former part of this introduc- tion. I. Interuooatories relating to State Prisons, I. The Prison System. 1. What classes of penal and correctional institutions compose the prison system of this State ? i I 20 PRISONS AND REFORMATORIES OF THE II. General Adihinistratinn. 2. Is thoro Jiny oontnil imthority, Imviiij;^ the control and uiiinajjcnK'nt of tho whole system ? 8. It' yes, how is it constituted, and what arc its powers and duties? 4. If not, what opinion is held Ji8 to the probable utility of such central authority ? 5. If a central governing ])ower is wantinjr, in whose hands is the controlling authority of the prisons lodged ? — the State prison ? — tlie county jails ? — the penitentiaries, workhouses or houses of correction? — the various institutions for juvenile de- linciuents? — any other penal institutions, not falling luulcr the above designations? (The ol)ject of this intcri'ogatory is to get at the niachinei-y of the prison system of the State.) III. The State Prison. 6. What, if anj', are the peculiar features of the State prison — that is, what gives it its individualiti/ / IV. Prison PreniiHes. , , . 7. How extensive are the prison premises ? 8. IIoAv are they inclosed ? What are the thickness and height of the wall ? 9. What is the drainage? 10. Is there a garden ? Any ornamental grounds ? V. Prison Buildings. 11. What are the prison buildings ? 12. What are the dimensions, material, structure, arrangements, etc., of the prison proper? 13. What the number, size, ^nd furniture of the cells? 14. What are the dimensions and arrangements of the chapel ? 1.5. What of the hospital ? K). AVhat of the dining-hall, if there is one. 17. AVhat of the guard-room? 18. What of the workshops ? VI. Government of the Prison. 19. Who compose the staff of prison officers ? 20. IIow are the superior ofiicers of the staff appointed ? How the inferior ? 21. What salaries are paid to the several officers composing the staff? 22. Do party politics control, or in any degree influence, the appointment of officers and the administration of the prison? 23. What are deemed to be the proper qualifications of' prison officers ? UNITED STATES AND CAN'ADA. 21 2-1. How far nro the voquiHito quulificiitions possossotl l)y tho officers iic'tUHlly omployod? 25. What fjl'iuM'iil lino of coiuliiot is marked out for officers in their inttarourMe with the ])ri«()nerH ? 2<). Are officersi required to iiljstuiu from intoxicating drinks and the u.se of profane lan. How many guards are there in the prison ? 80. AVhat is tlic designation of the body having the general oversight and control of the prison ? IM. How many ineml)ers compose it? 82. How are they api)()inted to their places ? 88. Do they receive sahn-ies, or are their services gratuitous? 84. What are their powers and duties ? 8o. How often do they meet, and how nmch service do they render ? 8(). Are any officers chargr-d with the daily inspection of the prison ? 87. Are there special inspections by tho Governor and by legislative committees, and if so, how often? Vn. Discipline of the Prison, 38. What arc the rules and regulations of the prison, so far as they apply to the convicts ? 8y. Are the rules explained to the prisoners on entering, or in Avhat May are they made acquainted with them? 40. Does the chaplain converse with each convict before he is set to "work ? 41. Are convicts kept anytime, and if so, hoAV long, in solitary confinement before beinij assijrned to labor? 42. How far is kindness employed as a means of discipline ? 43. If yes, in Avhat ways? 44. with what effect? 45. Are rewards employed, and if so, to what extent, as a stinudus to good conduct ? 4(5. \(\vAi is the eliect of the conmuitation law on convicts ? 47. Is this law explained to convicts on entering? 48. Do they ajjpear to understand it? 41). Does each convict keep an account with himself, so that he knows how nmch time he has earned l)y good conduct, and how much he has forfeited by subseciuent bad conduct? 50. How much time may a convict earn by uniform good con- duct ? 51. What is the effect of bad conduct on time previously earned? 52. Is any gratuity, or any portion of the earnings of the con- victs, allowed to them for good behavior ? 22 PRISONS AND REFORMATORIES OF THU !)',]. Has lh(Mo hcvn iiitnxliicod into the priHoii iiiiy Hy.storn of 1)iuli^«'s, luiirUs, or chissitieatioii of pi'MoiKM'H on tlu; basis of tlutir conduct, intiMxIod to 8tiiniiliitc them to industry nid virtue? 54. If yo8, with what results? .')•'>. If no, what, if any is the objection to the introduction of sucii a system? !){\. Mi^ht not the i)rinci|)K! of rewards ho more extensively intr()diiceis watchful than in others, where punishments are less Irequent? 74. Among which class of prisoners is there the hirger propor- tional amount of punishment.s — among those who have been in one year and under, or tive years and ov;>v? 75. Iliis ileath or permanent injury resulted from any of the punishments used in the prison? 7(5. Must ull punishments be intlictcd under the direction of the UNITED STATES AND CANADA. 23 ., :* wardon, or niny undcr-koopers, In uny case, udininistcr punish- luonf? 77. If uiMlor-kceporH nmy inflict piuiiNlimcnf, have any alniscn arisen in coiiNOfjuonca of their posMOMsinj? this power? 7H. If they may not, hati the discipline ttutfurcd for thu want of the power? 71). Are there any tests in the prison l»y which the ability of prisoners to resist temptation can he measured? HO. IIow com[)rehensive and thorough is the vigilance of the officers? HI. What is the effect of vigilonco on the di.«ciplinc? H2. Is ill! intercourse among prisoners furi>iddcn? 8.'J. How far can this law l)e enforced? 84. IIow far and in what ways is the rule of silence evaded? HI). Can this evasion proceed to sujIi an extent that the com- munications of the prisoners hccomo mutually corrupting? 8(). Are complaints from prisoneru of injustice un the part of keepers ever investigated? 87. Is the testimony of prisoners ever received? 88. litis the distinctive pris(Mi-dress been abolished? If so, on what grounds and for what reasons? 89. What, thus far, has been the effect of its discontinuance on the prisoners? Has the result answered to the expectation? 1)U. If the prison uniform has not been abolished, might it not be discontinued, not only without detriment but advantageously to the interests of the prison? 91. Is the lock-step in use in this prison? 92. What are the feelings of the convicts toward it? Does it, or iloes it not, wound their self-respect? 93. If yes, are there any such advantages arising from it as to require its retention? 94. Is there a telegraph from each shop to the guard-room? 95. What arrangements are there for the extinguishment of fires? 9(i. In cose of a revolt or rebellion of the prisoners, what pro- vision is there for subduing it? VIII, Religions and Moral Agencies. 97. AVh.it are the duties of the chaphun? 98. What are his rights? 99. Has he an office in the prison? 100. What are the services of the Sabbath? 101. Is there a Sabbath-school? 102. If yes, do all attend, or only a part? 103. Who conduct the Sabbath-school? 104. Are the convicts interested in it? 105. What religious sorvicps, if any, are held on week-days? 10(5. Do the prisoners appear to like the religious services . which they are required to attend? 24 PRISONS AND REFORMATORIES OF THE 107. What effect appears to be procluced upon them hy these services? 108. What religious offices are performed to the sick and the dying? 101). What disposition is made of the bodies of convicts after death? 110. Is there any burial-service, and if so, what? 111. Is ever}' prisoner furnished with a Bible? with a hymn- book? with a prayer-book? 112. How much use do they make of their Bibles? 1 13. Is there a choir in the prison? 114. Is there a melodeon? 115. Do the prisoners generally join in the singing? 116. What good effects, if any, are observed to result from the use of sacred song in the religious services? 117. Do baptisms ever take place in the prison? 118. Is the Lord's Supper ever administered? 119. Are persons from outside ever admitted within the prison to make efforts for the moral and religious improvement of the prisoners? 120. If yes, to what extent and under what restrictions? 121. How extensively does the chaplain visit and converse pri- vately with the prisoners? 122. How are such visits received? 123. Is there now, or has there ever been, a prayer-meeting among the convicts? If yes, how conducted and with Avhat results? 124. Are religious tracts and papers distributed to the con- victs? 125. Does the chaplain converse with the prisoners immedi- ately before their discharge, and for what special purpose? 120. Does the chaplain ever tserve as a medium of communica- If yes, for tion between prisoners and their friends outside? what purposes and with what results? 127. What, in a general way, are the results of the religious influences brought to Jiear upon the prisoners? 128. Do genuine spiritual conversions ever, in the judgment of the chaplain, take place among the convicts? If yes, to Avhat extent? 120. How far does the conduct of prisoners, after discharge, justify the hopes inspired l)y their conduct while in prison? 130. iNIight the religious element be introduced Avith advantage to a still greater extent th:in it is at present? 131. Who has charge of the correspondence of the prisoners? 132. How often and under wliat restrict ions arc convicts per- mitted to correspond with friends? 133. What is the general character of the letters written by them? tNITED STATES AND CANADA. 25 134. What is the general character of the letters received by them? 135. What influence is hereby (that is, by their correspond- ence) exerted upon them — is it benoticial or otherwise? 136. Does the chaplain, or whoever has charge of the corres- pondence, avail himself of letters Avritten or received by convicts to awaken or deepen good impressions on their minds by salutary counsels and exhortations? 137. How often and under what restrictions are convicts allowed to receve the visits of their friends? 138. May they receive eatables from their friends at such times? 139. Do these visits have a good or a bad eifect upon them? 140. How extensively and under what regulations, are general visitors admitted into the prison? 141. Is a fee required of them for the privilege? 142. What is the influence upon the convicts of admitting gen- eral visitors? 143. Has it been observed to increase masturbation? 144. What proportion of the visitors are females? 145. Are convicts allowed to bring their diflicultios and bur- dens to the warden for the purpose of seeking relief? 146. If so, in what manner? Does the warden set apart a cer- tain hour of the day in which he will give audience to such cases, or is some other method adopted? 147. What is found to be the influence of allowing this privi- lejre to convicts? IX. Secular Instmction, 148. Is secular instruction given to the prisoners? 149. If yes, who has the general direction of this department? 150. What proportion of the convicts cannot read when they are received? 151. Of those who can read, what proportion lack such a mas- tery of the art as to be unable to read the Bible and other books without spelling out more or l';ss of the words, and therefore need further instruction? 152. Is there a school in the prison, where the prisoners assem- ble and receive instruction in classes? If yes, how are the hours of instruction arranged, and what is the system of lessons adopted? 153. If the convicts are taught separately in their cells, how many are assigned to one teacher, how often is each visited by the teacher, and how much instruction does he receive? 154. What branches of knowledge are taujjht? 155. How much interest is taken in their lessons, and what proficiency is made by the convicts? 156. If the convicts are jissembled in classes for instruction, what advantages, if any, and what disadvantages, if any, are found to result from the arrangement? 157. If they are taught separately, are there supposed to be any special advantages in this method? 26 PaiSONS AND REFORMATOrJES OF THE 158. "Would the establishment of a school, in which instruction should be given in classes, be preferable to the system of indi- vidual lessons; and, if so, wherein? 159. If such is the judgment of the authorities, what hinders the introduction of the improved system? 160. What compensation is given to the teachers? 161. Who has charge of the prison library? 162. How many volumes does the library contain? 163. What is the character of the books? 164. What kinds are most read? 165. What are the regulations of the library, as to giving out and returning books, care of books, &c., Av many and what contracts arc there at present in the prison? 247. How many men on each, and what wages per day are paid on the contracts severally ? 248. IIovv many convicts are employed on account of the State, nnd in what (lepartnients of labor? Give the numl)er in each? 245*. Wliat has been found to be the effect of different kinds of labor on health? 250. How many hours do the prisoners labor in winter? 251. How many in summer? UNITED STATES AND CANADA. 29 252. What are the average hours of labor throughout the year? 253. How many and what agents are employed in the prison by the contractors? 254. ^Vhat, in general, is the character of these agents? 255. What is found to be their influence on the prisoners? 25G. What is the aggregate amount of salaries paid by con- tractors to their agents? 257. May contractors bring citizens into the prison as laborers? 258. Arc contractors allowed to supply prisoners with tobacco, fruits, candies, or other eatables? 259. If not allowed, do they or their agents, or both, in fact, supply those things to the convicts in an underhand way, and if so, to Avhat extent? 260. Have the contractors any control of the prisoners, or any power of punishment? 261. What proportion of contract men are paid for as able- bodied? 262. Are the contractors allowed to select their own men, or must they take w hat are assigned them? 263. Are the prisoners consulted as to their preferences? 264. What trades, if any, are preferred by the men? 265. Is it, or not, stipulated that they shall learn all parts of the trade .at which they work? 266. What proportion of the convicts enter the prison without havii / learned a trade? 267. What percentage of these actually learn a trade while in prison? 268. Is it made a distinct object of the prison arrangement to teach a full trade to those who had never learned one? 269. Would the reformation of the prisoners be likely to be advantageously affected by giving greater prominence to this ob- ject than is done at present? 270. What contracts are believed to realize the largest profits? 271. What are the (known or supposed) total annual profits reali^jd by contractors through the labor of the convicts? 272. Do contractors ever suffer loss through their contracts? 273. If yes, what is the usual course of things consequent thereupon? Do the contractors pocket the loss, or do they seek and obtain relief and indemnity therefor from the state? 274. Might not a warden, of competent Inisiness abilities and experience, manage the industries of the prison so as to make as much out of the labor of the convicts as the contractors; thus secui'ing the profits to the GUte, instead of to individuals? 2<5. If not, why not? 276. If yes, ought not the contract system to be abolished on this ground alone? 277. To what abuses is the contract system most liable, and what iiave been found to have crept in under it? so PRISONS mJ> REFORMATORIES OF THE 278. Is the contract system fouud to affect the discipline unfavor- ably? 279. Docs it, or not, exert an influence unfavorable to the re- formation of prisoners? 280. If the two foregoing interrogatories are answered in the affirmative, ought they not to be regarded as decisive against the continuance of the contract system, if even a diminished revenue accrue to the state from the labor of convicts in consequence of such discontinuance? 281. Is not reformation the pnmari/ object, and supposing that result attained at whutev cv ju'enent cost, would not ultimate j;ecw- niari/ gain thereby accrue to the State? 282. Is overwork allowed? 283. If so, how is it regulated? Are all permitted to do it, or do the contractors select such men as they please for this service? 284. Do the contractors or the prison authorities fix the tariff of prices to be allowed for overwork? 285. What is the compensation actually paid for overwork? 286. Is the price of overwork paid to the prisoners, or to the officers on their account? 287. Do the prisoners receive any interest on their accumulations? 288. Are they allowed to draw out any of their surplus earnings while in the.prison, or mus>t they wait for them till their discharge? 289. Is overwork found to be, in any case, prpju.licial to the health of those who do it? 290. What is thought, on the wh(»le, to lie the influence of the system of overwork, jis at present managed? XII. Security of the Pnson. Is the prison regarded as secure, or otherwise? How many convicts have escaped during the last ten yeai'S? In what waj^s? Are any special causes for the desire to escape known to have existed? 295. Wsis anything observed in the prisoners piior to their escape which caused a suspicion that they meditated the attempt? 296. Had there been, in any case, a change in the treatment of the prisoner which may have stimulated him to escape? 297. Has there ever been any complicity, known or suspected, on the part of subordinate officers, with prisoners who have escaped? XIII. Refornmtory Results. 298. What are the several reformatory influences brought to bear upon the convicts during their imprisonment? 299. What means are used by the prison authorities, by the State, or by benevolent individuals, to procure situations for the convicts on their discharge? 300. How far have such efforts been successful? 301. Are any eftbrts made to trace convicts after their discharge? 302. If yes, with what success, and what are the results shown? 291. 292. 293. 294. UNITED STATES AND CANADA. 31 303. What has been the percentage of the le-convicted to the •whole number of prisoners for the last ten years? 304. What evidences of reformation do the prisoners exhibit while still in confinement? 305. What proofs of reformation are exhibited by convicts after their discharge? XIV. Pardons. 306. What is the whole number of convicts avIio have been in the prison during the last ten years? 307. The whole number pardoned? 308. The whole number sentenced for life? 309. The number of life-men pardoned? 310. Average imprisonment of life-men pardoned? 311. What is the whole number sentenced for live years and less than ten? 312. How many of these were pardoned? 313. Their average imprisonment? Whole number sentenced for ten years and less than fifteen? How many of this class were pardoned? Their average imprisonment? Whole number sentenced for fifteen years and less than twenty? 318. How many of these were pardoned? 319. Their average imprisonment? Whole number sentenced for twenty years and over? How many of these were pardoned? Thoir average imprisonment? How extensively is the hope of pardon enteiiained by convicts? 324. What is the effect of this hope on the prisoners? Does it tend to unsettle their minds, to render them restless, and to pre- vent or impede earnest efforts at reformation? 325. Has the pardoning power been heretofore too freely exer- cised? 326. Is it exercised less or more frequently now than formerly', or about the same? What do the statistics on this subject show? 327. Ought some limitations to be placed upon the pardcming power? If yes, what limitations would be practicable and expe dient? 328. Would a Board of Pardon, to aid the Executive by examin- ing applications for his clemency, be advisable, or is it better to leave the matter as it now is in most of our states? 329. Would it be expedient to enact a law that a new crime, after a pardon, should work a forfeiture of the pardon, and remand 'tlie prisoner back to his former punishment? ■XV. Nature of C^nminality. 330. What has been the percentage of convictions for crime against property for the la^st ten years? 314. 315. 316. 317. 320. 321. 322. 323. 82 PRISONS AND RFFORMATORIES OF THE 331. Whiit the percentage (f convictions for crimes against person? 332. What the percentage of convictions for forgery? 333. Hon' many execntions have taken place in the last ten years? XVI. Length of Sentences. 334. What hjw been the average length of sentences for crimes against property during the last ten years? 335. What for crimes against person? 33(5. Is there any great variation between the terms of sentence awarded for the same offence by different judges, or by the same judge at different times? If so, illustrate by cases. 337. What is ol)served to be the effect, generally, of an im- prisoimient of ten years or more upon the physical, mental, and moral condition of prisoners who iiave been confined for that length of time? 338. Which would ))e likelv to be most beneficial to convicts, so far jis their reformation is concerned — sentences of moderate length, Avith the cei'tainly that they must be served out, or sen- tences of greater length, with the hope that they may be abridged by pardon? ^ XVII. Dischmyes. 339. What is the whole number of discharges for the last ten years? 340. IIow many have been discharged by expiration of sentence? 341. IIow many by death? 342. IIoAv many by pardon? 343. How many have been removed because of insanity? 344. How many have escaped? 345. How many have been discharged in other ways, and what are those ways, if known? XVIII. Ages of Convicts. 346. What is the whole number imprisoned during the last ten 3'ears? 347. How many were under twenty years of age, when sentenced? 348. How many were twenty, and under thirty? 349. Ho'v many <> ere thirty, and under forty? 350. How many were forty, and under fifty? 351. How many were fift\', and under sixty? 352. Hew many were sixty, and over? XIX.. Recommittals. 353. What is the whole number of prisoners who haive been discharged within the last ten years? 354. Of these, how many returned as recomraittod? UNITED STATES AND CANADA. S3 XX. liace. 355. Whole number imprisoned in the last ton years? 356. How many white? 357. How many coloretl? 358. How many Indian'' 359. How many of other races? XXI. Nativity. 3(50. How many of native birth have been imprisoned within the last ten years? 301. How many of foreign birth? XXII. Social Itelations. 362. How many of the convicts for the last ten years have been married? 303. How many unmarried? 304. How many Avidoued? 305. How many have had children? XXIII. Education. How many of the convicts for the last ten years could not 360. read? 307. 308. 309. How many could read only? How many could read and write? How many had a superior education? XXIV. 3foral Condition. 370. How many convicts, for the last ten years, have claimed to be total abstinents? 371. How many have claimed to be temperate? 372. How many have acknowledged themselves intemperate? 373. What proportion of those claiming to be temperate might be fairly adjudged intemperate? 374. What proportion did not attend Sabbath school, or at- tended irregularly, in youth? 375. What proportion of female convicts were prostitutes? 370. What proportion of male convicts had associated with loose women? 377. What proportion were not in the habit of attending church? 378. What proportion had gambled, less or more? 379. What proportion had been theatre-goers? XXV. Orphanage. 380. What proportion of convicts for the last ten years have been full orphans? 381. What proportion half orphans? [Assem. No. 35.J 3 PRISONS AND REFORMATORIKS OF THE XXVI. Sex. 382. What is tho whole niiinl)oi' of uioii confined in tlic prison for the last ton yi-arn? 38IJ. The whole minibor of women? » 384. If women are not committed to this prison, and there is no Female State prison, what nmnber, Heiiten('e. What proportion of the latter chiss had acquired but an imperfect knowledge of their trade? XXIX. Finances. i 390. Is the prison self-sustaining? ' 392. If yes, how long has it been so? 391. If not self-sustaining now, has it ever been, and for how long a time? 393. Why, if such is the fact, has it ceased to l)e self-sustaining? 394. WJiat have been the earnings, and what the expenditures, year by year, for the last ten years? 395. IIow long has the prison been in operation, and what have been the aggregate earnings and expenditures for the whole period? 39G. Wiiat has been t!)e average cost per prisoner (including salaries and all other expenst s) for the last ten years? 397. Wliat has beeii the lotal cost of ground and buildings belonging to the prison? 398. What is the present estimated value of the same? 399. Wiiat was the cost of the i)risou proper, what the number of cells, and what the cost of eavh? XXX. Effect of the War on Crime. 400. Has the number of male convicts committed to the prison been less or greater during the war than before? 401. If less, what percentage has tlu; dimimition reached? 402. What are belicA^ed to l)e the causes of this (at least a^^'pa- rent) diniinuti(m of male crime? 403. Has the number of female convicts committed to the prison (or guilt}' of State prison ofl'ences, and committed to other insti- tutions) been less or greater during the war tlian before? UNITED STATES AND CANADA. 35 404. If greater, what porcontago hm the increase reached? 40.'). AVhat arc l)cli(!ved to be the causes of this iiicrcaso of female crime? XXXI. 3fi.sc('/I(meous Inqtiirien. 40(1. Is tliis prison conductetl on the congregate or separate system? 407. If on the congregate, h.is it ever had inmates who liad pre- viously been imprisoned under tlie other system? 40H. If yes, liavi^ they been interrogated as to their preference and tlie reasons of it, anrison urrangemeuts and prison disei))line can he snggested? II. InTEIUMHJATOKIES IIKLATINO TO CoUNTY JaILS. 1. How many counties are tliere in your state? 2. What is the number of county jails? 3. Is it, in any case, desirable to have more than one jail in a county, or is one in all cases sufficient? 4. What are the grounds of your opinion? 5. Is there any central authority which has the general control of the whole system of county jails? C. If yes, what is it, how constitute, is there anything like uniformity in the man- agement of the jails throughout the state? !). Is a uniform system desirable, and what evils, if any, are believed to How from the want of uniformity? 10. Are the .statistics of the jails keji; with any considerable degree of fullness and accuracy, including the commitments and their causes, the discharges and their methods, and the national, social, educational, industrial, moral, and religious relations of the prisoners? 11. Is it obligatory on the sheriffs and jailers to keep statistics of this kind? 12. Is tlu're a set of books, having uniform headings and rul- ings, with wliich all the jails are furnished? 13. If the three foreyfoiniir interroffatories are answered in the negative, to what extent and in what manner are the statistics of the jails made matter of record? 14. Do the jail-l)()oks belong to the counties, or are they the property of the sheriffs? 15. Are returns of jail statistics required to be made to any state officer or state board? 16. What has been the annual numbtn* of commitments (omit- ting only desertions from the army) for the huit ten years, or any less number of j^cars, covered by the records, distinguishing be- tween males and females, and, if possible, between white and colored? 17. W^hat ha.s been the average daily number in all the jails? UNITED STATES ANI)> CANAfiA. 37 18. What 1ms Imhmi the vttW'i of i' niir on inul« crime — is the iiuinlx'i' of in(>n (.'on.unittiHl grcuuu' v v Ichs tiinco than lu^t'oro itn coiniiiciuTiin'Jil? 1!». VVlmt has ln'cn iho ixTccntajrc of incrraso or (liinliiiition? 20. AVliat lias Ik'(Mi the* cfU'C!! of flir \\»ir on frnialo (rime — is the miiiibcr of women commiftcd •greater or U'hh since (lian before its <'oiiiniencenient? 21. What has l)cen the p(>reentajre of inerease or diminution? 22. Wliat proportion of prisoners are re-connnittais? 2.'{. What proportion are forei^rners? 24. What proportion were orplians or half-orphans before the ii. Wliat proportion di«l not attend Sunday-school in y( nth? 80. Wliat proportion of female prisoners are prostitues'' in. What proportion of male prisoners hav associxtod with loose women? ii2. What proportion have gambled? ',V6. What proportion have been theatre-ofoers? 34. What proportion are Sabbath-breakers? 35. What proportion of those committed tothccouity ail (Ills are ])rought to trial? 3(5. What proportion arc convicted on trial? 37. What proi)ortion are convicteil on confession? 38. What proportion of the whole number of prisoners con- fined in the county jails are undergoing sentences of imprison- ment? 39. What ]s the average length of sentences in the county jails? 40. Is the system of tteparate iinprisonment adopted tor the county jails? 41. If yes, how effectually is it enforced? 42. If not, is there any system of classification of the priscmers; and if so, on M'hat principle and how effeclu,]-/ enforced? 43. If there is neither separate imprisoiiiij^jut nor classification, do the prisoners sleep in separate cells, or in common sleepin«>-- rooms? 44. Is there any imprisonment for debt, and if so, under what circumstances? 45. Are there many cases of such imprisonment? 40. Are witnesses ever imprisoned to secure their testimony? 47. If yes, are they compensated for the time lost by their im- prisonment? 48. Are prisoners of all classes and ages associated together during the daytime? 49. If so, is this thought to be a good or a bad plan? ,tu| 38 PRISONS AND BEFORM A TOBIES OF THE ! 50. If bail, what aro the evils resulting from it? 51. AVould separate imprisomneiit, or Avoiild it not, be expe- dient in conniion jails? 52. What are the gronnds of your opinion? 53. Would it, or not, be a good plan to make the jails simply houses of detention for prisoners awaiting trial, and to have a system of prisons intermediate between the jails and the state prison, in which all persons convicted of minor oflences sh(mld be sentenced to hard labor? 54. On what grounds is your opinion held? 55. In Avhat way are the keepers of the jails rennmerated — l)y fees on the reception of prisoners, or by salaries? 56. Which of these methods is believed to be best, and Avhy? 57. How is food provided for the prisoners — do the counties pay th(> actual cost, or is a certain sum per week allowed the sherift' for bouniing tlicm, so that he is tiiercby enabled to make profit out of the! I" board? 58. Which of the above plans is in itself the prefci-able one, and Avliy? 5!>, Is clothing supi)lied to prisoners Avho may need it? (50. How is medical attendance paid for — by salaries or fees? ()1. What is (a!)out) the aggregate amount paid for medicines iuul medical attendance for the whole state? (32. What is the average annual cost (proximate, if not exact) of each prisoner to the counties, incbuling all expenses other than the interest on the value of the real estate belonging to the jails? 6i). \Vhat is the estimated aggi'cgate value (proximate, if not exact) of the I'eal estate Itclonging to all the jails of the state? 04. What is the annual cost of each prisoner, with the interest on the real estate added to the other ex[)enses? (>.'). Are the prisoners provided with any renumerative employ- ments, and if so, whiit? ()(). If not, would it be desirable and practicable to provide employment for them? (!7. Aie lil)raries provided for the use of the prisoners in the jails? (JH. If not, would it not be desirable that some provision of this kind should l)e made? (ii>. Is there any provision for imparting secular instruction to prisoners who need it? 70. Are the jails generally provided with chaplains ? 71. If not, what provision, if any, is made to meet the moral and religious wants of the prisimers ? 72. If !io provision is made by the authorities, is the lack, thence arising, supplied, to any extent, by vohmteer eflbrt on the part of ministers and i)rivate christians ; and if so, how far? 78. Are Bibles supplied to the jails ; if so, at whose expense, and how v»xtensively ? UNITED STATES AND CANADA. 39 74. When the prisoners are supplied with Bibles and other books, how do they use them — carefully or otherwise ? 75. Whiit us to the prison dietary— is there a uniform bill of fare throughout the counties, or does each jail-keeper provide according to his own fancy ? 7(}. If the latter, is it the practice for each to have a regular bill of fare for his own prison, or does he vary from day to day, ad Ubiium ? 11. What is the general character of the dietary pro ided for the prisoners ? 7b. Are the jails, as a general thing, Avell or ill-constructed in respect to ventilation? 79. How as to the admission of light — are they well-lighted or otherwise ? 80. What diseases are most prevalent in the jails? . ... 81. What percentage of the i)risoners die ? 82. AVhat is the condition of the jails generally as to cleanliness? 83. How often are they scrubbed ? 84. How often whitewashed ? 85. Arc means of bathing provided for the prisoners ? 8G. What punishments are employed to subdue refractory prisoners ? 87. Arc puuishmcnts often necessary ? 88. How far are moral means used to secure good conduct ? 89. How otfectually is the separation of the sexes secured ? 90. Are many insane prisoners received into the jails ? 91. What disposition is made of insane prisoners? 92. Are the jails generally regarded as secure or otherwise ? 93. What are believed to be the most active causes of crime in your state ? 94. Are the jails themselves, on the whole, thought to be repressive or promotive of crime ? 95. If the latter, what modifications of the system would be likely to work a reform in this respect ? 9(5. Arc sheriffs appointed, or elected, in your state ? 97. If elected, are they reeligibic to successive terms of office ? 98. If yes, are they, Jis a matter of fact, often reelected ? 99. Are jail officers often changed in your state ? 100. If yes, what is found to bo the effect, and is not greater permanence in the tenure of office desirable ? 101. Is there any provision of law for the stated inspection of jails? 102. If so, what is it, and is the said provision, in point of fact, generally complied vdth ? III. Inteiiuogatories Relating to Houses of Correction, &c. 1. Is there in your state a system of prisons intermediate between the state prisons and the county jails ? 2. If SO; what is their designation — penitentiaries, workhouses, houses of correction, or some other name? 40 PRISONS AND REFORMATORIES OP THE H: 3. Do Ihosp institutions constitute a system for the whole state, or are they local and exceptional? 4. If for the Avhole Mtate, are they found in every county, and are they carried on in connection with the county jails, or are they separate organizations? 5. If each county has one of this class of prisons, and if they are managed in connection with the jails, is this thought to be the most desirable arrangement, or would it be better (and if yes, why?) to have one such institution conunon to several counties? G, If there are penitentiaries or houses of correction in your state, which are merely local, and do not form part of any gene- ral system, would it not be expedient to have such prisons organ- ized on a general plan, and formed into a general system under state authority and supervision? And if yes, upon what grounds? 7. What numl)er of penitentiaries or houses of correction are there in the state? 8. Are they under any general administrative authority, or is each suliject only to a local administration? 9. What and how constituted is the governing power? 10. What officers compose the prison stalls in these institutions? 11. What is the aggregate amount of salaries paid to these officers? 12. Do party politics enter as an element, and if so, how far, into the government of these prisons? 13. Is there any authority, outside of the immediate governing powers of the prisons, charged with the duty of inspection, for the purpose of holding these powers to their just responsibility? 14. What punishments are employed? Phnunerate all. State particularly whether the lash or the shower-bath is ever used. 15. How far are moral agencies used as a means of discipline? 1(). AVhich method, on the whole, is found most etlective — severity or kindness? 17. Is there a commutation law in the state; and if so, does it apply to prisoners in these institutions? 18. If yes, what is found to be its operation — beneficial or otherwise? 10. What are the offences for which punishments are most fre- quently inflicted? 20. Has death or permanent injury ever been known to result from any ixuiishment inflicted in these prisons? . 21. Do the prisoners sleep in separate cells or in common sleep- insr rooms? 22. Is the law of r ence imposed on them while at work? 23. If j^'S, how effectually is it enforced? 24. Is there a distinctive prison-dress? 2i). Are chaj)lains provided for this cIjuss of prisons? 2(5. If so, what rennmeration do they receive? 27. Do they give their Avhole time to the prisoners? 28. What are their duties? f 1 UNITED STATES AND CANADA. 41 29. Are Sabbath schools held in these prisons? 30. Are Bibles supplied to the prisoners; and, if so, to what extent? 31. jMin founded? 2. Was it founded hy the authoi'itios of the state or city, or by private l)enevolei)''o? 3. How are the liiiids for its support obtained? 4. What is the x it and arrangement of tlie grounds belong- ing to the Institut n? 5. What are the several l)uildlngs, their uses and arrange- ments? (5. How many inmates will they aeconnnodate? 7. What was the lOtal cost of the grounds and buildings be- lenging to the Institution? 8. Is the Institution governed 1)y a board of managers, and it so, how is the said board constituted? {). What arc the powers and duties of the board? ](). Who compose the statf of otKccrs of the Institution? 11. Are children of l)oth sexes received? If so, are they kepi; entirely separate? 12. Between what ages are they adniissi!)le? 13. For what causes may children be received? 14. AVhat authorities have power to "onnnit them? 15. Are they conunitted foi- a specific tiire, or i idefinitely? 16. If indetinitely, when does tiie right of guardiiMiship expire? 17. AVho judges whether the child is tit to leave the place be- fore the time has ex[)ired, to wliich the righ*; of guai'dianship extends? 18. What are the difterent modes of release? 19. Is the Institution to be regarded in the light of a prison or •» school, or something intermediate between ihe tv o? 20. What is the character of the discipline — is it that of a prison, or otherwise? 21. What are the rules and regulations of the place? 22. What are the proceedings of a day? Please state them successively and in detail? 23. What are the proceedings of a 8abl)a*h? 24. Have the chibhen committed to this Institution any right of protection against the decision of the functionaries who sent them here? 25. If so, what is that right — may they or their i)arents test the legality of their connnitment or detention by tlie writ of hafjeo.s corjHus/ 26. Is this right, in point of fact, ever exercised? 27. Have the children separate sleei)ing rooms? UNITED STATES AND CANADA. 48 28. Miiy they communicate with each other during the day, or is the law of silonce enforced? 29. How miicli of their time do the children spend in school? 30. Wluit branches of learning do they pursue? 31. What progiess in general is made by them? 32. Is tliere a library, and if so, how extensive, and what is the general character of the books? 33. Arc? the children, as a general thing, fond of reading, and what time do they liave for it? 34. Are they all taught a trade? 35. What are the ditferent handicrafts carried on in the Insti- tution. 30. Is the labor of the children let out on the contract i^rinci- ple, or do they work for the Ijistitution? 37. Has the Institution a chaplain? If so, how nuich of his time is given lo the inmates? 38. To wliat extent are elff)rts made to cultivate the hearts of the children, and to inculcate the principles of religion and mo- rality? 3{,». How much importance is attached to efforts of this kind? 40. When a youth is received into the estal)lishment, are any, and if any, what instructions given him as to his future conduct? 41. Are the inmates divided into classes according to their con- duct; and if so, how many classes are there, and how are the de- , tails of the classitication ari'anged? 42. How far ar(^ the antecedents of the inmates recorded? 43. How far (lieir histoiy while connected with the Institution? 44. To Avhat extent and by what means is a knoAvledgo of them kept up after tiiey are i/identured or discharged? 45. What [)ro[)ortion are reformed, and turn out well in after lili"? AVhat do the statistics of the Institution show on this subject? 4(J. What proportion of those received are orphans by the loss of both i)arems? 47. What propoi-tion are half-orphans? 48. Wi'.at [)roportit)U have idle or vicious parents, by whose neglect or ?vil example they have been pushed on to crime? 49. Whiit are the recreations of the children? 50. Are they under supervision while at play? 51. Do the persons Avho have charge oi the childj'cn at such times ever lak(! part in their games? 52. What is the d; tary? 53. Are the inmates aUoA\ed any food or drink beyond Avhat is jirovided by the Jnstitntion? 54. What altenti<;n is given to enforcing cleanliness upon the children? 55„ IIo.v often are they required to bathe the whole person? 5(j. How as to the health of the inmates? 57. What percentage are, on on average, on the sick list? 58. What percentage die? 44 PRISONS AND REFORMATORIES OF THE 59. AVIiJit Jirc the discasos most prevalent? (50. IIou often (lor> the phy«iei{in jittcnd? Gl. What liospital aceonmiocliitions are there? 62. What have Ik'oh the aggregate annual earnings of the in- mates for the laft ten years? G3. AVhat the aggregate annual expenses for the same period? 04. What has l)een the average annual cost of eueh inmate, in- eluding ail expenset" 'ilher than the interest on *he real esiafo he- longing to the Instil 'ition? 6'). What has been the average annual cost, iucluiiiMg the saitl interest? GG. What is the average period during whicli the oiuldreu are retained in the Institui ion? 67. What is the average age at which tiiey are rec(Mved? 6S, What is the average age at v, hieh they are discharged? 69. AVhat punishnxnits arc employed? 70. AVhat rewards, if any, are olK'red as a stimulus to /jood conduct? 71. l^ it customary to ]n'(>sent a Bible tu eailiinmtt'c onl' aving? 72. ■ t' so, is the gift aceompaniod wilii counsels, Avritten or oral, a^ to his future co'iduct? 78. Wlisa classes of boys are found most ditficult of reforma- tion? AViia*: of girls? 7:t. \\'iiat does the percentage of children reformed Avho were fittecH and over Avhen received, compare with the percentage of those who were less than Hfteen when they l>.'came inmates? 75. Does the Institution reserve the ri<;ht of a jruardian over those Avlio have been indentured? 7(i. If an indentured youth leave his master, nnist he again be brought back to the Institution? 77. If this power over the indentured belongs to the Institution, does a like power over those who have gone out in other ways belonu of your State? What are the several classes of courts, their jurisdiction and powers? 2. Are the judges api)oiuted or elected? If elected, how long has this system })revailed? What is found to be its operation — favorable or unfavorable to the integrity and independence of the judiciary? f^. AN'hat are the punishments anne> cd to the several crimes for- bidden by the law? Please make your answer to this interroga- tory full and complete, embracing all the violations of law recog- nized as crimes? 4. AVhen there is a considerable range in the punishments allowed, is there found to be, in practice, a wide diversity in the administration of the law by dilferent judges? Is there, or not. UNITED STATES AND CANADA. 45 in your jiiclgmeiit, too -wide a range in the discretion allowed to judges ? 5. Are sherifls appointed or elected, and for what term ot oflScc? Which, in your opinion, is the best system? Is there any limit to their re-eligibility, or may they be re-elected as often as their constituents choose? 6. How many justices of the peace are there in each township? How are ihcy chosen, and for how long a term? 7. What proportion of persons indicted are, on the average, brought to trial? 8. Of the tried, what proportion is convicted and what acquitted? In what percentage of cases arc juries unable to agree? 9. Of persons arraigned, what proportion plead guilty, and are convicted on confession? 10. Do those who plead guilty generally plead to the offences with which they stand charged, or to others of a lower grade? If of a lower grade, can you suggest any reason, connected with the prosecution of the charge? 11. Of persons charged with homicide, what proportion are con- victed? What proportion executed? 12. In what classes of offences is the disproportion between the arrested and the convicted apt to be greatest — those a higher or lower grade? 13. What is about the average length of imprisonment previous to trial? 14. Is it found that in offenses of a higher grade, convictions, when obtained, are frequently so long after 1 he commission of the offense, that their moral effect is in great mcasn'i' nullified? 15. If such delays occur, what are conceived to be the causes? Is it customary to send causes back and forth between criminal courts of different grades, as, for example, the general sessions and the oyer and terminer? 16. Do the courts, or not, fail very often to convict in cases where prisoners are on trial for crimes of a higher order? 17. If yes, what is the effect of such failure on the criminal population; that is, those Avho follow crime as a means of obtain- ing a livelihood? Are the terrors of the law found to have much of a deterrent effect upon this class of persons, or not? 18. Are prosecuting attorneys appointed or elected? 19. Is their compensation by salaries or fees? 20. If by salaries, what effect, if any, is this found to have upon their fidelity? 21. To what extent, in general, are forfeited recognizances en- forced, and bail money collected? 22. How as to justices' fines — is there a rigid system of account- ability here, or are matters in this department left at loose ends? If the former, what u the system? If the latter, what remedy can you suggest? ' . 46 PRISONS AND REFORMATORIES OF THE ;.l H M 23. Is any special diro<^tion given to moneys collected in this wa}'', looking to some public o)>joct (iis, for exuniplc, the increase of school lihr.'irics), or do they go into the treasury of the county for general purpohcs? 24. Are policemen and constables found (o be guilty, to any considerable extent, of corruplion in tiie administration of their offices? 25. Are witnesses, who are imprisoned to secure their testimony, conlined Avilh persons arrested for crime? Do they receive any compensation for their loss of time Avhile thus imi)risoned? 2(5. Has the death penalty been abolished? If not, for what offenses is it inflicted? If it has been al)olished, for how long a period has the new system been in force, and what elleet, if any, has it had in incrcasin*; or diminishin<; the crimes for which it was formerly inllicted? 27. Has the method of indictment by a grand jury been abol- ished in your state, and if so, wliat system has been substituted in its place, and what has i)een found to be the operation of the new system? Please state your opinion on tin's point, and the grounds of it. If not abolished, has any attempt in that direction been made? 28. Is there, or is there not, found to be any considerable variety in the instructions given to juries by different judges, Avhen the question of insanity is at issue? 29. Does the exercise of the pardoning power unfavorably affect the administration of justice? Is this power so often exercised as, in your judgment, to constitute an abuse thereof? AVould it 1)0 expcnlient to have this power in anyway restricted by law, and if so, what limitations would, in your opinion, be likely to prove wise and effective? 30. Arc j)ersons sentenced for life more frecpientiy pardoned than those imprisoned for a term of years? If yes, what is be- lieved to l)e the cause of the ditrerence? 31. Is there in your state a system of animal icturns of crimi- nal statistics? If so, what are the it(>ms of information eml)raced in it, and to what ofHcer are the returns made? 32. Has any code of criminal )iroeedure been adopted, or does the connnon law practice in the main prevail? 33. A\'hat, in your judgment, if any, are the defects in the exist- ing system of criminal procedure, antl what suggestions can you offer on the subject of improvements to l.>e made therein? Victor Cousin, the eminent French philoso[)lier, having been, man3'^ years ago, commissioned by his government to examine the school system of Prussia, in submitting the re[)ort of his observa- tions to the authoiity from which he received his commission, with a felicity of expression equal to the patriotism which inspired it, exclaimed : " It is of Prussia that I speak, but it is of France that UNITED STATES AND CANADA. 47 I think." In like mnnnor, the «n«lersi*gne(l, appointed to inquire into the present aspect of the prison question in the severiil states of our Union, while they unfold the prison systems of those states, iind spread before the Legislature and the public the condition and working of their penal and correctional institutions, have chiefly in view, and aim chielly to eft'ccl, tiie reforms so much needed in our own state. To NcAV York belongs the douI)lc honor of having given to the world a system of prison discipline — that known as the Auburn, congregate or silent system — and of having originated the clasb of institutions called indilferently houses of refuge, reform schools, (fee, &c. She was the first to adopt, Avith efficiency, the peniten- tiary' system of prison discipline, and the first to attempt the pre- vention of crime by seeking out the youthful and unprotected who are in the way of temptalion, rescuing them from vice, and ren- derin<^ them valuable members of society, through the agency of religious, moral and intellectual instruction, and by training them to industrious and orderly habits. In neither of these depart- ments of criminal administration, however, has our state accom- plished all that could have been desired. Our prison system, owing to the undue influence of party politics in its administration and other causes, has failed to attain that degree of perfection which might have been reasonably expected ; and the system of juvenile reformatories, though good and effective as far as it goes, lacks the breadth and compass, which our great extent of territory and our large population, especially in cities, render not only de- sirable but necessary. It is to improve and perfect our penal and reformatory system, to impress upon it a character worthy of our civilization, to make it a model for other States, and to render it effective in accom- plishing the great end of all just prison discipline, — the reforma- tion of its subjects and their restoration to civil life as honest and industrious citizens, — that the Prison Association has so much at heart, and that the undersigned, their commissioners, have, at their bidding, devoted so nuich time and labor to the investigation, whoso results are embodied in the report, which they have the honor to offer, in the ensuing pages, to the representatives and the people of the Empire State. UNITED STATES AND GAM ADA. 49 CHAPTER I. Htate riUSONS. Prison disciplino ! "VVhut is it ? What are its principles, aims, metliods, results? What its connexion Avilh the onward inarch of society, of civilization, of man? Wlnit relation has it to the re- pression and prevention of crime ? What means does it propose i\n- dinnnishinjyjtho number botli of oilcncesand offenders ? What apparatus, agency, machinery does it suggest as most likely to thin tlie ranivs and lesson the activity of the criminal classes? These are pregnant questions, which are to be considered, and a solution sought, in the ensuing pages. In all the wide range of social science, in all the varied fields of inquiry Avhich command the study of the friends of human happiness and progress, there is scarcely one more comprehensive, more important, more inviting, or more abundant in the fruits which a wise culture Avill yield, than that which will engage the reader's attention in the details and discussions, which are to fill up the pages of the present report. The science of puin'shment, the philosophy Avhich investigates the treatment of criminals, holding the just balance between co- ercion and reformation, nuist have a profound interest for all lovers of the human race. It goes down to the foundations of public order. It touches the stability and security of the public peace. It affects the sacredness of human life. It is concerned with the protection of [jropcrty and the safety of our homes and persons. It has a vital relation to the material well-being of communities, and a yet more vital relation to the purity of public morals and the redemption of multitudes of human beings, oi:r brothers and sisters, from sin and suffering. It addresses at once the head and the heart, the intellect and the feelings. It attracts alike the statistician and the philanthropist, the student of political econo- my and the laborer in the cause of social virtue and happiness. It engages equally the attention of the statesman, who deals with the interests of nations, and of the christian, whose thoughts are directed to the concerns of eternity. It is thus seen how wide is the scope of this inquiry, and how important the results which it aims to accomplish. [Assem. No. 35.] 4 ill jij ■i.J 60 PRISONS AND REFORMATORIES OP THE Wo linvo 8pok(Mi ulxivo of (Iclails iiiul ■ The ^xprcs- sioi) iiidicati'M (ho iiu'lhod of tho foHovviiij; Ob.-."'. .Although history is piiihjsophy ti'at'hiii^ . iliioh'ws, tho cuistoin of tho phiU>sophioiil historian to draw out and sot forth the lossons whioh his narrativo ooiivoys. In like niainior, discu8- Hion will, thi(»n^hout Ihoso paj^os, ho niin^jjlod with slalonioni; tho oxhihition of prinoiplos will ho oonibinod with the oxiiihition of facts. This, it .seems to us, will bo at onoo tho most natural in itself and tho most entortainin<; to tho reader; tho most natural, because prin('ii)los grow out of facts, as tho fruit ;^rows from tho blossom; tho most entertaining, boeauso tho tedium of discussion Avill bo roliovod and enlivened i>y tho more vivid detail of narra- tive. • f SECTION FIRST. Phison Systems. The subject of this section may bo viewed under a two-fold aspect; tho inquiry may relate to the internal discipline of the prisons; or it may regard the several classes of penal institutions, into which are received those who have violated, or boon arrested ou a suspicion of having violated, tho laws. Under tho first of those relations, there are two .systems of imprisomnenf in the United States, whioh have received from tho places whore they severally originated, tho names of tho i*hila- dclphia and Auburn systems, and from tho leading elements in their rcsi)ectivo di.scijjlino, those of the separate and congregate or silent .systems. Tiio .separate system exists nowhere in the United States out of Pennsylvania; indeed, it may be almost said nowhere in Pennsyl- vania, except in tho P^astorn penitentiary, at Philadelphia; for we believe that the system is very imperfectly enforced in tho few jails that [)rofoss to have adopted it; cortaiidy this is so in those visited by the connnissionors; and the same appeared to ns to be the case in the Western penitentiary, at Pittsburgh. Communi- cations Ix'tween prisoners, in a variety of ways, even by loud talking from coll to coll, seemed to be abundant in that prison. Wo visited a considt^'ablo number of prisoners in their colls, in company with the warden, Dr. Hugh Campbell, in whose presence, without contradiction from him, the}' all declared that comnmni- cation was constantly kept up among them. One nuui said that he would know every prisoner within a certain difetance from his UNITED STATES AND CANADA. 61 coll, if lio wore to meet him in tho gtrcots of London, nnd thoy should urn or congregate s*. stem. The change, as we gather from the prison reports, appears to have been made chiefly, though not wholly, on financial considerations. As carl}' as 1840 the board of inspectors expressed their misgiv- ings as to the leformatory powei- of the sj^stem, though at the same time they acknowledged a still greater distrust of that to which it is opposeeen found to produce restless irritability and a peevishness o*" disposition, impatient of the unnatural restraint imposeen tin; State i)iis()n and the county jaii called by iitl'erent ;*ames — house of correction, work- UNITED STATES vND CANADA. 67 house, bridewell, etc. No Stfite has .\ complete syptem of such institutions except Massaciiusetts, although in Conneciicut every county jail is at the same time a workhouse. New York has six prisons, calietl penitentiaries, intermediate between her state prisf)ns and her county jails; but they ere all local institutions, created by special statutes and managed by the authorities of the counties in Avhich they are situated, though receiving, except those in the counties of New York and Kings, inmates from the adjoin- ing counties, for Avhose l»oard they receive a certain sti[)ulated weekly compensation, Desides the avails of their labor during their imprisomc.it. One of these — the Albany penitentijjry, under the charge of Gen. Pilsbury — is, in efl'ect, a United iStates prison, receiving by contract all jHirsons sentenced for felonies in the District of Columbia, and during the late civil war a large number of prisoners of state. Besides these, there is another class of prisons in all the states, and in some of them quite numerous, called inditlerently station- liuuses, guard-houses a-id lock-ups. They are little noticed and little known, and ^-et very important. They s+and in great need of reform, being, as a class, the most filthy, cramped, comfortless and ill-numaged of all our i)enal establishments. They would be the most demoralizing, were it noUbr the fact that their inmates re- main commonly only a few hours, and seldom more than a few days. With these general remarks we offer a few brief details touch- ing the prison systems of the individual states, regarded in the light in which avc are now contemplating the subject : Connecticut. — 1. A state prison at Wethersfield. 2. A county jail, which is also a workhouse, in each county. 3. A stale reform school at West Meriden, and the Watkinson Juvenile Asylum and I'arni School at Hartford, Delaware. — Tlie only class of prisons in this state are county jails, of which there is one in each county. The principal jail is at New Castle, in which are confined prisoners convicted of state prison oflences. An act has been passed by the Legislature to establish a reform school, but as yet it reoiains a dead letter in the statute book. Illinois. — 1. A state prison at Jolict. 2. A city prison in Chicago, called the bridewell. 3. County jails — the whole num- ber of counties in the state being one hundred and two, and of jails about eighty. 4. A reform school at Chicago. Indiana. — 1. Two state prisons, one at Jetfersonville and the VI [I i ! 'Mi .11 1 1 !H 1 1 "^ ii I 58 PRISONS AND REFORMATORIES OF THE other at Michigan City. 2. County juils. There are no prisons of an intermediate grade and no juvenile reformatories. This and West Virginia are the only states visited by the commissioners, in which no movement has been made looking to the establishment of this latter class of institutions. Kentucky. — 1. A state prison at Frankfort. 2. A workhouse at Louisville (city prison). 3. County jails. 4. A house of refuge at Louisville, opened for the reception of inmates in July, 1865. Maine. — 1. State prison at Thomaston. 2. Two houses of cor- rection. 3. County jails, 4. State reform school at Cape Eliza- beth. I Afaryland. — 1. State prison at Baltimore. 2. Baltimore city jail. 3. County jails, one in each of the twenty-one counties of the state. 4. A house of refuge at Baltimore, Massaclmsctln. — The prison system of this state is more com- plete, and the prisons themselves, in oui- judgment, better manned and better managed, tlian in any other of the states visited by uo. The whole series of institutions, constituting or intimately con- nected with the prison system, are the following: 1. A state prison, at Charlestown, into which male convicts only are received. 2. A jail in each county, in whicli are conlined persons arrested and awaiting trial, and those who are temporarily detained prior to their transfer to sotoc other prison in execution of sentence. 3. A house of correction in each county, which receives only prison- ers in execution of sentence, and where all the inmates are re- quired to lal)or. y\ll females, convicted of offences against the laws, are sentenced to the houses of correction, or to another class of j)rison.s to l»e imuiediately named. The two classes of county prisons, the house ot' correction and the jail, though quite distinct in tijeir t"ii»i there are three: one for boys, at Westborough; a sei'ond for boys (i.autical), kept on board two ships, stationed one at Boston and the other at New Bedford; and a third for girls, at Lancaster. 0. Female refuges. Thesi; are " homes" for the reception of discharged or {. JState prison, at Jackson. 2. House of correc- tion, at Detroit. 3. County Jails. 4, State reforni school, at Lansing. JSIifisouri. — 1. State prison, at Jetlersou Cit}'. 2. Workhouse, at St. L'/iiis. 3. County jails. 4. House of refuge, at St. Louis. Nster, ^lom-oc county: a state institution. (3.) A juvenile a.sylum, in New York, similar in its general scope to the two preceding, though not strictly punitive, but rather preventive and reformatory. (4.) A like in- stitution under the care of the society for the protection of des- titute Koman Catholic children. (5.) A truant home, at Brook- lyn, designed for very young transgres.sors; chicHy indeed, as the nami' imports, truant and vagrant children. (6.) A truant home, at Kochostcr, similar to the above. The juvenile a.s}']um, men- tioned above, is authorized, by a law recently passed, to receive ti'uunt children. 7. A Children's Aid Socict}', at New York. 1^. (iuard houses, or lock-ups. Ohio. — 1. State prison, at Columbus. 2. City prison, at Cin- cinnati, with male an4 female »iunches, entirely distinct and sepa- rate from each ollnr. 3. County jails. 4. Correctional institu- iu>\\>. viz: (1.) A house of refuge, at CiiK«iunati. (2.) A state reform tarn., near Tiancjister. Penn.', «t l^ladi'lphia; and the Western ditto, at Pittsburg. 2. Vf il l.ilil UNITED STATES AND CANADA. 61 County jails. 3. Coitp ^tioniil institutions, viz: (1.) A house of refuge, at Philadelphia, for white boys and girls. (2.) A house of refuge, same place, for colored children, of both sexes. (3.) A house of refuge for both sexes, at Pittsburg. Rhode Lsland. — 1. State prison, at Providence. 1'. County jails. 3. Reform school, at Providence. ' * Vermont. — 1, State prison, at Windsor. 2. County jails. 3. A reform farm school for juvenile delinquents, which has gone into operation since the visit of the connnissioners. Its location is not known by them. West Virginia. — This young state, l)orn amid the convulsions of civil war, has as yet but one class of prisons — the county jails. Persons convicted of felonies arc imprisoned in the common jail of Wheeling, at present the capital of the state. Wisconsin. — 1. State prison, at Waupun. 2. A house of cor- rection, at Milwaukee. 3. County jails. 4. A reform school, at AVaukeslui. Canada. — 1. Provincial penitentiar}', at Kingston. 2. County jails in Upper Canada, and district jails in Lower Canada. 3. Two reformatory pris(nis; one in each of the provinces. Notwithstanding the encomiums bestowed, in aformerparagragh, on the comparative excellence of the prison system of Massachu- setts, we have no hesitation in expressing the opinion that there is no approach to perfection in any of the systems Avhich have fallen under our observation. The one supreme aim of all public punishment is the protection of society by the prevention of crime. A system of prison discipline, which, combined with other agencies to be hereafter indicated, Avould banish crime from so- ciety and secure a universal observance of the laws, would be fairly entitled to be regarded as perfect; and, in proportion as such system should approximate the result stated, would be its approach to the standard of perfection. Now, whatever ditferences of opinion may exist among penolo- gists on other questions embraced in the general science of prison discipline, there is one point on which there may be said to be an almost if not quite perfect unanimity, viz: that the moral cure of criminals, adult as well as juvenile, their restoration to virtue and " the spirit of a sound mind," is the best means of attaining the end in view, — the repression and extirpation of crime; and hence that reformation is the primary object to be aimed at in the ad- ministration of penal justice. We have only, then, to ask our m 62 PRISONS AND REFORMATORIES C^V THR selves tlio question, Hrst, how fur imy given pcnul system aims at the refonniition of its 8iil)jet'ta, and secoiully, with what degree of wisdom and cfHeleney it pursues that end, to have an iiifallil>U' gauge w herewith to mark its npproaeh to or reees ' >n from the sliindard of perfeetion. Tlieie is not a prison system in the United ISt itos, which, tried by either of these tests, would not be found wtii;; sng. There is not one, wo feel eonvineed — always excepting the department which has the care of juvenile delincpients — not one which seeks the reformation of its subjects as u primary object; and even if this were true of any of them, there is not oiu with the exception above noted, which pursues the end named by the agencies most likely to accomplish it. 1'hey arc all, so far as adult j)risoners are concerned, huiking in a supreme '• "irec to five or six years old, of pauper parents, and perhaps fie others, are tho first link, the earliest agency in the prcv. ' frimo in youth and manhood. The importance of this cl itutions will appear evident when it is considered that the riisi imiucssions made upon the mind, whether good or evil, are the most lasting and tho most ditHcult to eradicate. All experience shows that such impressions received in early childhood, and the habits formed at that tender age, usually exercise a controling influence thnmghout the period of youth. Accordingly, it is from the class of children who re- ceive their impressions and form their habits in tho streets, from the age of four to ten years, that our reformatories, jails, houses of correction Jind state prisons are mainly peopled. Is it possi- ble, then, to exaggerate the importance to society of institutions such as those hero proposed? Ought not systematic and energetic measures to be directed by legislators, as Avell as philanthropists, to this department of prevention? Can any system of legislation which aims at the sui)pression and extinction of crime overlook so potent an agency to that end as the one here recommended, and yet lay claim to the attributes of sagacity and humanity? Here the serpent may be crushed in the egg, the hydra strangled in the birth, the harvest of evil nipped in its first sprouting. A fact bearing on this subject, at once instructive and encouraging, is mentioned in a Government Report on Prisons in France. It is Avorth repeating here. A vast ninnber of abandoned children in that country are received, almost from birth, into foundling asylums, where they arc cared for and educated, till they arc of a suital)le age to put out; yet the number of children reared in these asylums, who have subsequently found their way into prison, is quite insignificant — a striking proof of tho almost omnipotent ; '* f > IMAGE EVALUATION TEST TARGET (MT-3) 1.0 1.1 11.25 1^128 |2.5 1^ IM 12.2 12.0 140 m U 1IIIII.6 0% / 64 PBISONS AMD REFOBMATOBISS OF THE power of early (the veiy earliest) moral, religious, intellectual and industrial training, as a security against the commission of crime. The industrial school, whether called by that name or some other — truant, ragged, or whatever it may be — is the next link, the second agency in th6 preventive part of the system. The children of parents who neglect their offspring, either because they are vicious or indifferent to their welfare— children who roam the streets and prowl about docks and wharves, and are almost sure in the end to take up crime as a trade — should be gathered into institutions of this class, where they would receive that mental, moral and industrial training which their own homes would never afford them, and from which they would at length be sent out to good situations in the country, or elsewhere, where they would grow into virtuous and useful citizens, adding to, instead of preying upon, the productive industry of the country. A few schools of this sort have been established with the best results; but nothing has been done by them in rescuing vagrant 9hildren and youth of both sexes from vice and crime, at all commensurate with the good that might be effected in this direc- tion through their agency. These schools should be open to the voluntary resort of neglected children, whose parents, regardless of their future character and condition, leave them to do for themselves, battling with their hard lot as best they may be able. The discipline in these industrial schools should be strictly of the family character. All the arrangements should be such as to cultivate industrious habits, and prepare their inmates for the sta- tions they are afterwards to fill. The kitchen, the wash-tub, the sewing and knitting room, the work shop, the farm, and, above all, the school room, together with such recreations as may be suit- able to their years, should occupy the time of those who find their home there; and this home should be, though tidy and attractive, yet of the plainest character, partaking as nearly as may be of the nature of the domestic departments of families in moderate cir;- cumstanees. Criminal and vicious habits should be the only bar to reception here ; and children, tainted with such practices, should in no case be permitted to come in contact with the destitute but yet unfallen street children, for whom alone the industrial school is designed. Should any such, by mistake, ever be admitted, when discovered, they should be at once transferred to institutions, whose distinctive character is reformatory rather than preventive. \l UNITED STATES AND CANADA. 6(r It is confidently believed that if these two classes of institu- tions — public nurseries and industrial schools — were sufficiently multiplied aud placed under judicious control and management, and proper care taken to keep them free from those who have reached the point of crime, thousands of young victims of paren- tal indifference or vice would be kept from idle and vicious habits, aud from the ruin they bring in their train; the most prolific fountain of crime would be cut off; and the numbers confined in reformatories and prisons would be materially diminished, per- haps brought down almost to zero. We have spoken of the need of judicious management in these institutions. Probably a union of private and public effort would best secure the requisite wisdom and efficiency; but, in any case, liberal pecuniary aid must be supplied by municipal aud legisla- tive grants. Is the expense of such institutions made a point of objection? Let it be considered — for of this we are fully persuaded — that a judicious and effective system of prevention in behalf of this class of juveniles would be an arrangement the most economical to the public, as well as the most merciful to themselves which could be made. To save them — and the plan we propose would no doubt be the salvation of almost the entire class — would be to cut off one of the most copious sources of adult crime, and of course to dry up an incessant and tremendous drain upon the wealth of the state, through their depredations, Avhen arrived at manhood, on the property of the citizens. The next class of institutions in a well organized penal sj'^stem, is the juvenile reformatory. These already exist in most of our states, and New York is better supplied with them than any others, except Massachusetts, and possibly Pennsylvania. But in all the states, the system needs extension, and in all there are modifications by which its organization might be improved. In the first place, there should be everywhere an absolute separation of the sexes. Stone walls and iron gates are not sufficient ; but so much space should intervene, that the excitement and uneasiness produced by proximity, missing its aliment, Avould disappear alto- gether. In the second place, the family principle should be every- where adopted, either exclusively or in combination with the congregate. And, thirdly, subdivisions, now unknown, should be introduced into the arrangements for each of the sexes. Of boy criminals, there are three claases, viz: those who have just entered [Assem. No. 35.] 5 66 PRISONS AND REFORMATORIES OF THE on a course of pilfering; those who have more confirmed habits of steu'.iug and lying; and those who, having reached the ages of sixteen, seventeen or eighteen, have become habitual thieves, and have discarded all other means of obtaining a livelihood. These several classes of juvenile offenders require each a different disci- pline and training, and should never, if it can be avoided, be bi'ought into contact with each other. Of female juvenile crimi- nals, there are but two classes requiring different treatment, viz: those who have formed only habits of pilfering and idleness, and those who have addicted themselves to unchaste practices. The classifications named in both sexes require, in order to secure the best results, separate houses and yards, not to contain, if possible, over one hundred inmates, with subdivisions of (say) twenty to twenty-five, constituting so many distinct fai)! lies, each with its own eating, sitting, reading and sleeping rooms. There is a principle, applicable to the management of all the institutions thus far included in our proposed system, extensively employed in other countries, but nowhere in our own, so far an is known to us; — we mean the principle of holding the parent responsible for the conduct and maintenance of his child, till he arrive at years of discretion, and the enforcement of that respon- sibility by the strong arm of the law. And what can be more reasonable and just than this principle? Why should a parent, whose own indifference or vices have been the occasion of leading his child into crime,^ be freed from all expense on account of that child, the moment he turns thief, or when the state, acting in loco parentis, removes him to a preventive institution, where the evil influences of his natural home may be counteracted, and their disastrous consequences averted? It is our opinion that the parent whose child falls into crime should be* compelled, except in y liar cases, to pay the cost of its maintenance in a prevent iv> reformatory institution, or, in default,, be deprived of his liberty and forced to toil to that end. Is it said that such a rule would press hard on parents? But the expense and loss niiist fall o^i somebody; and, surely^ it is less bard that it should full on the child's parent than on any ©ne else. Two advantages would result from the enforcement of this principle. First, it would relieve the public, in part,, of the burden of supporting its ne- glected and criminal children; but, secondly, and chiefly, the fear of compelled contribution to the support of their children in an industrial or reformatory school, would be a strong motive, in UNITED STATES AND CANADA. 6T the absence of higer ones, to a greater ' care of their education and conduct, so that the burden thus entailed might be avoided. This principle haa worked well, wherever it has been tried. Even in Ireland, where, from the extreme poverty of the classes from which the occupants of juvenile reformatories are supplied, it was supposed, even by those who placed the highest value upon it, that it would be of little avail, within two years from the establishment of reformatories in that country, nearly $1,500 had been recovered from the parents of their inmates; and this, notwithstanding the fact that sixty per cent, of the children received were orphans, having lost one or both of their parents. The next class in the series of institutious, composing what we would deem an effective prison system, is the county jail. These should be made, in our judgment, simply houses of detention, and their punitive character be entirely taken away. The great evil of our present jail system, as has been again and again urged in the reports of the Prison Association, is the promiscuous inter- course of the prisoners, there being, in general, no classification, except that which results from an imperfect separation of the sexes. From this unchecked association, it results that our county jails are but public schools, maintained at the expense of the community, for the encouragement of vice, and for providing an unbroken succession of thieves, burglars and profligates; institu- tions in which, as Sidney Smith observed forty years ago, " the petty larcenous stripling, being left destitute of every species of employment, and locked up with accomplished villains, as idle as himself, listens to their pleasant narrative of successful crime, and pants for the hour of freedom, that he may begin the same bold and interesting career." This evil, which is a blot on our civilization, can be cured only by a radical change of the system. Our existing jails, which, for the most part, require demolition on other grounds, must be pulled down, and reconstructed on principles, which will admit the enforcement (and this must be, in all cases, rigidly exacted,) of an absolute separation of the prisoners throughout the whole period of their incarceration. But on all these points, and others connected with the improve- ment of our common jails, we shall have occasion to express our views more at large, and to enforce them with such arguments as may seem suitable, in a subsequent part of this report. Next in the ascending series would come a class of prisons inter- mediate between the county jail and the state prison proper. 63 PRISONS AND REFORMATORIES OF THE Prisons of this sort havo received iliffercnt designations in differ- ent stntes. In Mnssachusctts, the only state where there is any- tiling like a general system of snch institutions, they are called houses of correcfion; in New York, where they are purely local institutions, created by special statutes for particular counties, they receive the name of penitentiaries or workhouses; and in Cannon, where the Board of Prison Inspectors is pressing the Legislature for their creation, they are to he designated (at least such is the title proposed) central prisons, and are to form one of the links iii the general prison system of the country. We ven- ture to suggest the name of district prisons for New York, when- ever (if ever) there shall ho a reconstruction of the prison system of the state, in accordance with the general views suJ)mitted in the present paper. These district prisons should bo dispersed through the state, at points as convenient us possible to the seve- ral counties for whoso use each is intended to serve. The counties that have already been at the troid)le and expense of erecting and organizing local penitentiaries need not change their existing sys- tem, unless they prefer to sell or lease their several establish- ments to the state, and so become incorporated into the general system. It is clear that our common jails are not now, and never can be made, houses of correction in the proper sense — places for the reformation of criminals. The fact that they are mere places of detention to the majority of their inmates, the circumstance that the sentences of those contincd in them for punishment are, and are likely ever to be, too short to admit of the application of roformatorj' processes, the constant flux in their ])opulntions, the difHculty of organizing and enforcing a system of labor, without which there can be no reformation, and, above all, the want of a proi)er staff of officers, especially of chaplains and teachers, ren- der it certain that common jails can never be converted into reformatory institutions. If, therefore, there are to bo any such, below the grade of the state prison, as part and parcel of a gene- ral prison system, it must be by the establishment of the institu- tions here proposed, or others of a like character. The advantages to be expected from the establishment of dis- trict prisons are the following: 1. The organization of the prisons, each with a full staff of offi- cers, and all other appointments necessary to their proper and effective working as true houses of correction. UNITBO STATB8 AND CANADA. 60 2. The arrangement of buildings, cells, workshops, schoolrooms, chapels and premises generally, as to kind and construction, suit* able to a complete penitentiary, system. 3. The introduction of a comprehensive, well*a(\justcd system of labor, a result that can never be attained in our common jails, but rendered comparatively cosy in the district prisons, in conse* quence of the larger staff of officers, the greater number of pri* soncrs, and the increased length of their sentences. 4. Diminished cost of maintenance, despite the increase of offi> cers, owing in part to the earnings of the convicts and in part to greater economy in the administration. The county jails we believe to l)e at present the most costly of our prisons, from the enormous prices paid to sheriffs by the county authorities for the board of prisoners, being, in one case at least, as high as $6.16 per week, and in others approximating to that figure — almost hotel prices. 5. The relief of the common jails by the absence from them of a large proportion of their worst and most frequent inmates, which would make the separate imprisonment of the rest com- paratively cosy, and that at a moderate cost for the necessary buildings, especially when taken in connection with another reform, to be hereafter noticed, viz.: the more speedy trial of per- sons arrested for crime, and held in custody to that end. 6. The relief of the state prisons by the punishment in the dis- trict prisons of all convicts sentenced for terms not exceeding three years, and perhaps also first offenders and young criminals with even longer sentences, according to the circumstances attend- ing their several cases. But 7. The crowning recommendation of the system of district prisons, here proposed, lies in the reformatory character to be impressed upon their administration. This, indeed, is the great point to be sought and secured in their establishment. We Avill not now stay to enter into a detail of the means — religious, moral, educational and industrial — through which this end is to be reached. But there is one point on which, in this connexion, we feel constrained to offer a few remarks. The absurd practice of short repeated imprisonments must be discontinued, or all thought of reformation abandoned. Reformatory processes can have no time to take effect under such a system. On no subject are the enlightened friends of prison reform, and especially the governors of our penitentiaries, more generally agreed than on the utter 70 PRISONS AND BBFOBMATOBIES OF THB ^vorthlcssiiess of these repeated short imprisonments ; while the indirect expense to society in arrests and prosecutions, and yet more in the amount of property of >vhich it is plundered in the intervals between the imprisonments, is enormous. The object of all reformatory prison treatment is to conquer, in the prisoner, his habits of evil ; to train him in the ways of virtuous industry ; to sunder the tie that binds him to his associates in crime ; to ex- tinguish in him the desire and the tendency to herd with them again, and so to discipline him that he may go buck into the world with some settled principle and some steady purpose of virtue. To effect these changes time, and no inconsiderable amount of it, is absolutely essential ; and all, without exception, who have given attention to the subject, concur in the belief that ghort sentences, at least in the great majority of cases, are not only useless but pernicious. Excessive leniency in the adminis- tration of criminal law is an evil scarcely less deplorable than excessive harshness. To be sternly resolute in the infliction of necessary pain is as much a duty as it is to decline the infliction of any that is not necessary ; and especially where the object is not to punish vindictively, but to redeem and save, no hesitation should be felt in awarding a sentence adequate to the accomplish- ment of that great purpose. The sentence, whose brevity deprives the criminal of the full advantage of reformatory influences, is to him not a mercy, but a cruelty, while to society it is an injustice and a wrong. The proposed increased length of the sentences to be awarded to misdemeanants, and especially those who, by the frequent repe- tition of minor offenses, evince a proclivity to crime, would involve the necessity of some changes in the criminal laws of the state, particularly as to what should constitute a habitual or inveterate offender — a "recidivist" in technical phrase, in common parlance a " revolver." But these changes could be easily made, and when made would be, as already intimated, no less to the real interest of the transgressor than to that of society, whose laws ho had violated. Without intending to burden the present paper with needless details, we would suggest, just here, that, if the proposition for district prisons should ever be made the basis of legislation, it would be desirable on moral, sanitary, economic and administra- tive grounds, that the prisons for women should be separate from UNITED STATES AND CANADA. n those for men, the two being in distinct buildings and at a dis* tance from each other. Such separation is desirable on moral grounds, because whore the two sexes are confined in the same building or the same enclosure, the very fact of this contiguity has an exciting and bad effect, and leads to endleds attempts to communicate, which are not unfrequently, against all probability, successful. Even when both sight and hearing are impossible the mind will still work where there is proximity, and evil consequences will many times be the result. It is desirable on sanitary grounds, because where prisoners of different sexes are confined in the same building or enclosure it is often necessary to impede light and ventilation by half closing windows, and by putting doors across passages which would otherwise be left open, thus violating the laws of hygiene and obstructing an important condition of health. It is desirable on economic grounds, because, first, prisons built at less expense would be sufficiently secure for females ; and secondly, the management would cost less, as female keepeis would require less pay. It is desirable on administrative grounds, because, in prisons where there are inmates of both sexes, there is always a difficulty in apportioning the responsibility of the warden and matron. A woman is at least as able to govern female prisoners as a man, and she will certainly govern better, abstractly considered, when the whole responsibility concerning them rests upon her. But in a prison occupied by both males and females, such undivided re- sponsibility cannot be lodged in the matron without creating two separate and independent authorities in the same building, which is contrary to all sound principles of administration. In such cases, therefore, on the one hand, the matron is necessarily made sul)ordinate to the warden, and, as a consequence, the Avarden is made responsible for a number of matters, of which he can know but little; and, on the other, the influence of the matron is im- paired by her not possessing full authority either over her subor- dinate officers or over the prisoners. Next and last in the series of establishments which we pro- pose as fit to constitute one comprehensive prison system for our state — consisting of preventive, reformatory and punitive institu- tions — is the state prison proper, the receptacle of criminals con- victed of the gravest offences against society and its laws which 72 PRISONS AND REFORMATORIES Of THE arc punishable by itnprisonmont, and not by death. It i» hero, vfG conceive, that are needed reforms the most material and radi- cal. Even supposing the buildings to be retained as they are, and the system in its substratum to continue unchanged, still im- portant modifications are needed to bring our state prisons into harmony with the true design of a penitentiary system, considered as an agency for reforming and reclainn'ng fallen men and women. A complete separation of the government of these prisons from party politics; permanence in their executive administration, eflected by a permanent tenure of official position therein; the employment of officers possessing a higher grade of qualifications; the investiture of the wardens with the power of appointing and removing all the officers who conistitute the police force of the prisons; the total abolishment of the contract systcLi, and the organization of the convict labor upon a principle whicli, in seek- ing to make the prisons self-supporting, will seek still more to make their industries an agency in reforming the prisoners and restoring them to society, masters of a business that will enable them to earn an honest livelihood; greater breadth and efficiency given both to religious and secular instruction; the introduction of a carefully devised system of rewards as an encouragement to good conduct and industry, so that the principle of hope shall act with even greater vigor than that of fear; and the making of the reformation of the prisoners the real, as it is admitted to be the proper, object of the discipline of the prisons and of the efforts of the officers in carrying it into effect; — such are the essen- tial reforms needed in the system, supposing it to remain in other respects what it is at present. But we are not satisfied with the system as it is; we think it deficient in some very important particulars, and wc ardently desire to sec it replaced with a better. Neither have we any hesitation in expressing the opinion that what is known and has become famous as the Irish system of convict prisons is, upon the whole, the best model of which we have any knowledge; and it has stood the test of experience in yielding the most abundant as well as the best fruits. We believe that in its broad, general principles^ — not certainly in all its details — it may be applied, with entire effect, in our own country and our own state. What, then, is the Irish system? In one word, it may be defined as an adult reformatory, where the object is to teach and train the prisoner in such a manner that, on his discharge, he may be able UNITED STATES AND OAXADA. 73 to resist temptation and inclined to lead an upright, worthy life. Reformation, in other words, is made the Hcttml us well as the d(!clared object. This is done by placing the prisoner's fote, as fur us possible, in his own hands; by enabling him, through indus- try und good conduct, to raise himself, step by step, to u position of loss restraint; while idleness und bad conduct, on the other bund, keep him in a state of coercion and restraint. There are four distinct stages in the prisoner's progress, under this system — the first intensely penal ; the second less so, but still strongly partaking of that charucter ; the third but slightly penal ; and the fourth looing the penal aspect entirely, unless subjection for a time to police supervision mtxy be so regarded in a degree. In the first stage, the prisoner is confined for eight months in a celhilur prison; is completely isolated from nil his fellow pris- oners ; und, during the whole period, works in his own cell. This is the hardest and consequently the most deterrent part of his im- prisonment ; yet even this period may be abridged liy good con- duct, as it may be lengthened by bad. In the second stage, he is employed on jiublic works in associated labor by day, but is con- fined in a solitary cell at night, and the strictest surveillance is maintained over him. Nevertheless, he has here every advantage of religious training, of books of a miscellaneous though moral character, and of instruction in secular knowledge by the lessons and lectures of competent school musters. On entering this de- partment, the prisoner is placed in the third class ; from which, by industry, application and good conduct, all carefully measured by a system of marks, he rises into the second class ; thence, by a like probation successfully passed, into the first ; and, finally, through the same process, into the exemplary class. At each ad- vance, his condition is improved ; his privileges are enlarged ; aud, particularly, the percentage of his earnings, placed to his credit and designed ultimately for his own use, is increased. All along, however, misconduct is punished by putting the ofiTender back one or more steps, and even, if need be, to the cellular prison itself, from which he has to work his waj' forward again by slow and toilsome efforts. The third stage is the intermediate prison, so called because its inmates are in a state intermediate between imprisonment, properly so called, and freedom. Here they have almost as much liberty as if they were not prisoners at all ; they work, some at mechanical and others at farm labor, without overseers ; they arc trusted, constantly and without hesi- 74 PRISONS AND RBF0RMAT0RIB8 OF TBI tation, to go of errands unywhoro in tlio city of Dublin or the coinitry ; tlio oducntion, curriod on previously, is continued nnd grcutly extended, through duily lectures i>y an accomplished teacher on interesting moral und practical subjects, nnd u ho^ of competitive inter-examination weekly, conducted by the prisoners themselves ; und the gratuities from their own earnings are in- creased, out of which they are permitted, if such is their pleasure, to spend 6d a week (12 cents of our currency) in procuring addi« tional comforts for themselves ; which sum, however, is generally saved, and added to their little capital, the result of their hoard- ings throughout their prison life. Indeed, the main design of this permission is to cultivate the habit of providence and thrift. It should be stated that the convicts in the intermediate prison hold their position there under very serious responsibitios ; since, for any offence, however small, they are returned to their former cellular prison, whence they nnist win their way back, as before, by a course of exemplary conduct and diligent application to work and lessons. The fourth stage is that in which prisoners, the requisite portion of whose sentence has expired, having had their cases in- vestigated and being found worthy, receive a conditional pardon, and arc discharged on ticket-of-lcave. As long as their tickets-of- leave continue in force, there is in Ireland, contrary to what hap- pens in England,* a bona fide police supervision kept up over the prisoner, and, on his i-olapse, or even if found without visible means of support and associating with bad characters, his pardon is revoked, and he is remitted to prison to commence anew the course of reformation. While it mav be doubtful whether, owinjr to the numerous separate jurisdictions existing in our country, the ticket-of-leave system can ever be fully adopted among us, it may be modified, or, if necessary, even abandoned altogether, without seriously affecting the general theory on which the Irish prisons are framed. In adopting this plan, the advocates of the separate * On the general subject of the English convict prisons, the Hon. M. D. Hill, late Re- corder of Birmingham, in a recent letter to the corresponding secretary of the prison asso- ciation, holds this language : << Your remarks on the state, of our oonrict prisons, as rep- resented in Miss Carpenter's book ["Our Convicts "], arc well founded, as showing a lamentable state of things ; but great improvements hare been made since she wrote, and our English convict prisons are now assimilated, in a considerable degree, to those of Ire- land, the conduct and results of which are admirable." We believe that Sir Walter Crof- ton, the father of the Irish system, is now at the bead of the English prison system, being 10 employed by the government, with a view of organising that system, as far as ciroum- «tanoes will permit, on the Irish plan. UNITED BTATI8 AND OANADJt 76 anil congregate systems of imprisonment may moot on common grounds. Wo may state in this connexion — and it is pertinent so to do — that the inspectors of the MaMsuchusctts state prison, in tlioir report for ]8()vhioh they hnve them- selves sometimes made in seeking tho interposition of executive clemency in hcludf of convicts, whose good behaviour und seem- ing penitence appeared to justify their application, und of the general risk of an unconditional pardon as being such as justly to deter tho executive from using this function -with great freedom, they add that the executive clemency may be more safely exercised ill tho form of a conditional pardon, which is tho essence of the ticket-of-lcavo system, to be revoked whenever the conduct of the released prisoner is such as to show that he is unworthy of the liberty and privilege extended. to him. They then promise to present tho " many arguments in favor of such a measure," when the subject is brought to tho notice of tho Legislature, then " soon to convene." Tho results of this system have been most extraordinary (we have not space for details) both as regards tho reformation of criminals and relief from trouble in tho disposal of discharged convicts. In respect to the latter of these points, the difficulty is no longer for released prisoners to obtain employment, but for employers to obtain tho prisoners Avhom they want, the demand for their services being in advance of the supply. Now, for our state prisons, we propose, not certainly the adop- tion of tho Irish system in all its adniinistrativo details, but a sys- tem based upon its principles and conforming to its general methods. Neither would wo have tho system, even to this extent, adopted and put in force all at once, but cautiously and gradually, on a small scale at first, with opportunity to watch its operation and to correct errors by the results of experience, and only as public sentiment should lend its sanction and support to the change. But the state has not discharged its whole duty to the crimini- nnl, when it has punished him for his fault; no, nor even when it has reformed him. Its obligation towards him does not cease wlien it opens his prison door, and bids him walk forth in free- dom. Having raised him up, it has tho still further duty to aid in holding him up. Some systematic provision to this end is the 76 PSTSONS AND REFORMATORIES OF THE ii ii essential complement to any effective plan of reformatory punish* ment. In vain shall we have given the convict an improved mind and heart, in vain shall we have given him capacity for continnous labor and the desire to advance himself by worthy means, if on his discharge he finds the world as it were, in conspiracy against him, with none to trust him, none to meet him kindly, none to givo him the opportunity of earning honest bread. The willing laborer can get no work to do. The man who yearns to prove himself worthy of association with the virtuous and the good is repelled, as if contact with him were pestilential. His good pur- pases are defeated, and his hope of redemption vanishes. What can such a man do, if he live at all, but live as a criminal? What though his reformation bo genuine, can it be permanent? Impos- sible! He will surely be clutched again by his old jissociates in crime, and drawn back to the abyss of sin, from which he had vainly hoped and labored to emerge. So it has been, too often and too generally; and so it is, still. Under these circumstances, it is the clear duty of the state, as it is also no less clearly, her triio policy, after discharging her convicts from her prisons, to institute some agency, by refuges or otherwise, whereby, after their release, they may be strength- ened in their good resolutions, provided with situations, and, in all suitable wa^'s, encouraged and aided in their efforts to reform. Massachusetts, we have seen, has a state agent to care for her male convicts on their discharge, and two refuges for females of the same class — these latter being private establishments, but receiv- ing grants of money from the state in aid of their benevolent work. Ireland has a commissioner to look after her liberated male pris- oners, and two well conducted, efficient refuges, one Catholic, the other Protestant, to receive, temporarily support, and provide places for, her discharged female prisoners. In France, the Asso- ciation of St. Vincent do Paul counts this care for liberated pri- soners, thousands of whom have received the benefits of its assist- ance, among its noblest functions, its most loved and cherished labors. But in Bavaria, avc have an example of the broadest and most sys- tematic provision to this end. There is, in that country, a complete national organization, having this object in view, including a society for every province, and a committee for every district. Six weeks before the discharge of a prisoner, n«»tice of such discharge is given by the governor of the prison to the dis- trict committee, with a full account of his character and habits, UNITED STATES AND CANADA. n the amount of money earned by him during his imprisonment, nnd the circumstances which warrant the extension of assistance to him; and the committee, using its discretion as to each indi- vidual case, supplies to those who are worthy of it productive occupation, and maintains a watchful supervision over them. The Prison Association of New York, whose servants we are in the present labor, within a limited sphere has done an important work in this department of benevolent effort; and at the very moment Ave are penning these paragraphs, some public-spirited ladies of Buffalo are engaged in the work of organizing a home for released female prisoners, with a view to their redemption from farther bondage to criminal practices. We repeat, therefore, that in any reorganization of the prison system of New York, an essential complement of it will be some provision for the assistance and security of released prisoners. SECTION SECOND. General Administration. In none of the states of the American Union, visited by the undersigned, is there any central authority having a general power of control and direction over the entire prison system of the state. The nearest approach to such authority (which, indeed, is scarcely an approach to it at all) is in Massachusetts, where the Board of State Charities has, to a certain extent, an oversight over the whole sys- tem, but no power of government, properly so called. Except in the right conferred by law of exacting statistical returns from the prisons, according to forms prepared by the Board, this body has little more actual power than the Prison Association of New York; the main function of the former, like that of the latter, being in- spection and recommendation. In Canada we found a central authority, having a sort of general control (but with powers too limited) over all the penal as well as other public institutions of the country, whose legal title is: "A board of inspectors of public as} lums, hospitals, the provincial penitentiary, awd of all county jails and other prisons." Further on, in this section, we shall have occasion to describe more fully the organization, powere and duties of the said board of inspectors. The general supervision and control of the state prisons, in the states visited by the commissioners, is lodged in boards of inspec- 78 PRISONS AND REFORMATORIES OF THE tors — sometimes called directors — varying from two to five in number, the more common number being tliree. These inspectors are commonly appointed either by the legislatures or the gover- nors; in New England by the governor and council; but in Penn- sylvania they are appointed by the supreme court, a separate board of live|^members for each of the two state penitentiaries, the eastern and western. In New York alone are they elected by popular vote — one board of three members for all three of the state prisons. Missouri' has a peculiar arrangement, by which the auditor, treasurer and attorney general of the state constitute the board of inspectors, all ex-officio members — a bad plan. In New Hampshire there is no board of inspectors, the governor and council acting in that capacity. Neither is there any such author- ity in Wisconsin, the Avhole power of government being in the hands of an oflScer cabled the state prison commissioner. He is both warden and treasurer. He is elected by the people at the same time and in the same manner as the governor and other state oflScers, and holds his oflSce for two years. The legal powers of the inspectors ditfer somewhat in different states; practically they differ much more, ranging from almost nothing, as in Kentucky, to an almost absolute control, as in Ncav York. These officers are not usually appointed all at the same time, but, for the most part, one each year. They have a foolish law in Massachusetts, if it is not worse than foolish, which inter- dicts the same inspector from serving two consecutive terms. The mode of appointing the wardens or governors of the prisons varies a good deal in different states. In some, the appointment is made by the governor, or by the governor and council; in some by the legislature; in others by the inspectors; and in one, as we have seen — Wisconsin — by vote of the people in a general election. Everywhere the power that appoints the warden may remove him at pleasure. The chaplain, physician and clerk are usually, not always, appointed by the same jsower as the warden. The officers constituting the police of the prisons — called, in some, keepers, and in others, overseers — are, in the great majority of ca^jes, ap- pointed either absolutely by the wardens, or, which is the more common practice, by the inspectors on the nomination of the war- den; but this comes substantially to the same thing. In New York the Avarden has neither the appointment nor nomination of his subordinates, nor any power of removal; all is in the hands of the inspectors. Yet he is held responsible by the inspectors and UNITED STAT*tS AND CANADA. 79 at the bar of public opinion for the government and discipline of the prison, and is thus much in tin same condition as the Israelites under their Egyptian taskmasters, wher ''hey were required to make brick without straw. The immediate administration of the prisons is everywhere en- trusted to the superintendent, by whatever name called; never- theless, the inspectors have, for the most part, the general direc- tion of it. It belongs to them, in general, to make the regula- tions, — subject in some states to the approval of the Governor, — which the superintendent is charged with executing; and also to Avatch over this execution. The thoroughness with which this duty of supervision is discharged varies exceedingly. Thus in Kentucky, Missouri, Maine, and some other states, the superin- tendence of the inspectors, from all we could learn, seems to be superficial and ineffective; while, in the Eastern penitentiary, at Philadelphia, it is, manifestly, vigilant, active, thorough and per- vading. The most important position in the state prisons, beyond a doubt, is that of superintendent; for, though his written Huthority is not very great, though his prerogative, as defined by laAV, is less exttojsive than that of the inspectors, yet he is the centre and soul of the administration. It will be obvious, on the least reflec- tion, that the gentlemen who fill these places should be men of probity, humanity, experience, a deep sense of duty, a strong religious feeling, large knowledge of men, and the highest execu- tive and administrative ability. The frequent changes of these high officers, as well as those occupymg subordinate positions, re- sulting from the working of a principle to be noticed further on in this report, operates adversely in two ways; — first, by repelling men of the right stamp from seeking the places, and secondly, by preventing all from acquiring that broad and varied experience, without which no man, however eminent in other respects, can achieve the least success in the government of a prison. Yet wo are glad to record the fact that our American State penitentiaries can boast of some noble officers at the head of their affairs, men who would grace the position in any country; among whom we cannot forbear to name Mr. Haynes, of Massachesetts, Mr. Rice, of Maine, Mr. Halloway, of Pennsylvania, Mr. Prentice, of Ohio, and Mr. Cordier, of Wisconsin, now in office; and of those who have been "relieved," Messrs. Hubbell and Seymour, of New York, Mr. Miller, of Missouri, and Mr. Scaton, of Michigan. 80 PRISONS AND REFORMATORIES OF THE We have already stated that in none of our American states is there any central authority, charged with the general supervision and control of the whole prison system of the state, but that in Canada such central power exists, in a Board of Inspectors of Prisons and other Public Institutions. That board was created by act of the Legislature in 1859. The act authorizes the Governor Geneial to appoint tive inspectors; to hold office during pleasure, that is, in efloct, during good behavior. There is no displacement from office but for cause. We do not, of course, propose to give an analysis of the entire act, but only of such parts of it as relate to prisons. First, as it respects the provincial penitentiary — state prison — at Kingston. The inspectors are charged with the government of the peni- tentiary, and are held responsible for its discipline and manage- ment, but have no executive power, except that of giving instruc- tions to the warden and other executive officers. They are em- powered (among other things) to have access to the prison and its books at all times; to investigate the conduct of the officers, and to compel their attendance and that of any other persons as wit- nesses; and to suspend any officers appointed by the Governor for misconduct, till the case is investigated by the Government. It is the duty of the inspectors to visit the penitentiary jointly at least four times a year, and to devote not less than seven con- secutive days at each visit to a rigid inspection of the whole affiiirs, management and condition of the institution, and of one of them to visit the prison at least once every month, and devote not fewer than two days to an inspection of its affairs; to frame a code of rules and regulations for the government of the peniten- tiary; to inspect every cell each month, and to examine monthly the cash and credit transactions; to determine the branches of labor to be introduced into the prison and the manner of prose- cuting the same — whether bj'^ contract or otherwise; to prescribe the food and clothing of the prisoners; to determine the syrftem of secular education; to fix the number of overseers, keepers and guards; to require an annual report from the warden, physician, chaplains and schoolmaster, and to make an annual report to the Governor General, giving a complete statement of the affairs of the institution; and to erect not exceeding fifty cells, with a work- shop attached to each, adapted to carry out the separate or soli- tary system of discipline (a duty, by the way, not yet discharged). UNITED STATES AND GANADAS. 81 Secondly, as regards common jails, houses of correction, and other prisons. In this department of their work, it is the duty of the inspec- tors to visit and inspect every jail, &c., at least twice each year; to report to the Governor General the improvements required in jails, and to determine, subject to the approval of the Governor, the plan of all jails to be erected, and of all material alterations and improvements to be made in jails already built. In deciding on the plan of a jail, the inspectoi'S are enjoined to take into con- sideration the following circumstances, viz: the nature and extent of the ground on which the said jail has been or is to be built; its situation in relation to any streets and buildings, and to any river or other water; the comparative elevation of the site and capability of being drained; the materials of which it is or is to be composed; the necessity of providing for ventilation and guarding against cold and damps; the proper classification of prisoners as to sex, age and cause of commitment; the best means of securing their safe custody, without resorting to severe treat- ment; the due accommodation of the keeper, so that he may have ready access to the prisoners, and may conveniently oversee them; the prevention of intercourse with the outside world; the preven- tion of nuisances; the reformation and employment of prisoners; provision for outdoor exercise; and the enclosure of the premises with a secure w^all. It is further made the duty of the inspectors to frame a system of rules for the government of the jails, in- cluding the maintenance of prisoners as to diet, clothing, bedding, &c.; their employment; medical attendance; religions instruction; the conduct of the prisoners and the restraint and punishment to which they may be subjected; and the treatment and custody of the prisoners generally, and the whole internal economy and man- agement of the jails. The counties in LTpper and districts in Lower Canada are re- quired to provide the necessary funds for erecting new jails and securing requisite improvements in the old. It is left optional with these authorities to provide the funds or not, however im- portant the improvements recommended by the inspectors, and however urgent these officers may be to have them made. The jail at Kingston, the seat of the provincial penitentiary, is an ex- ample in point. It is a wretched affair, and wholly unfit for the purposes of such an institution; but, despite the earnest and long- [Assem. No. 35.] 6 muvm 83 PRIBONS AND BEFORMATOBIES OF THE continued efforts of the inspectors, the authorities of the three counties to Avhich that jail belongs in common have, as yet, taken no steps to replace it with a better. Just here, it seems to us, is the weak point in the law creating the present board of inspectors. As it regards improvements in old jails and the erection of new ones, they can recommend, and when plans are submitted to them, can pass upon the same, forbidding the use of such as fail to meet their approval. But here their power ends. However impera- tivf ly a new jail may be needed in any county or district, they have no authority to compel its erection, but the whole matter rests with the local authorities. This, we are free to say, strikes us as a serious defect in the law. Gentlemen competent to the duties of a position so important and responsible should be clothed with some discretion in the discharge of those duties; and when, after due argument and a reasonable delay in awaiting the effect of their exhortations, the county or district authorities utterly refused to listen to the voice of reason, to the manifest prejudice of the highest interests of the nation, then the inspec- tors should have power, under proper guards and limitations, to proceed with the erection of the jail, despite the indifference or opposition of the authorities, at the expense of the jurisdiction, within whose bounds it should be erected.* But, however imperfectly this board may be constituted in respect to its want of adequate powers for good, however cramped and restricted its sphere of authoritative action, let us test its utility by inquiring what it has accomplished during the six years of its existence, in the face of prejudice, indifference, and even active hostility, for the improvement of the prisons of Canada. As the result of their first inspection of the jails, they found defects pervading them throughout; in their construction, superintendence, discipline, sanitary arrangements, and all other dep.trtments of administration. They describe them all as in a frightful condition; as, in effect, nurseries of vice; as breeding and educating criminals for the work of preying on society; and as robbing the community of the wealth that might have been earned by their inmates, could they but have been saved from becoming felons through the baneful education thus received. There was not a solitary jail in Canada, adapted to the proper , —_ — — - — _ — • Mr. E. A. Meredith, LL.D., President of the Board, in a lecture before a literary society, says : " The powers of the inspectors reach but a short way, while the evils to be remedied were of long growth, widely spread and deeply rooted." UNITED STATES AND CANADA. 83 ends, or answering the just purposes of such un institution. Since the creation of the board, thirteen new jails liave been built, and ten old ones altered in Upper Canada, on plans ap- proved by them; plans for rebuilding or altering six others have been submitted to them, and these improvements will soon be completed; while there are but six jails in the whole province, in reference to which nothing has been done. When the board came into existence, there was no uniform dietary in the jails, and the daily cost of the rations of each pvisoner exceeded twenty-five cents; now there arc very few jails in which the dietary pre- scribed by the rules is not observed, and the daily cost of rations is about nine cents per man; thus the annual cost of the food of each prisoner has been reduced from $89.25 to $32.85 cents a year — an immense saving. Again, at the organization of the board, there Avas no uniformity in the registers of the jails, and many kept none at all; now full registers, covering every mate- rial point, are kept in all; and criminal statistics, of great value, are annually collected and published to the world. Moreover, the board has, from the first, recommended two most important measures of criminal reform, and, from jear to year, has repeated and, with cogent reasoning, urged its recommendations upon the Legislature, viz.: the adoption of the principle of separate im- prisonment in all common jails, and the establishment of central or district prisons, intermediate between the provincial peniten- tiary and the jail, in Avhich reformatory discipline could be introduced; and there is reawn to think that these great reforms may soon become a part of the penal system of Canada. These are exceedingly gratifying results, not a tithe of which could have been secured, except through the existence and agency of this board; and others, no less important would, doubtless, ere this, have been effected, had the board been clothed with powers adequate to the work entrusted to it. The wonder is, that in so short a time and Avitli a discretion so restrained, so much should have been done. In any comprehensive reorganization ot the prison system of our state, we consider the creation of a central authority, having gene- ral powers of direction and control, absolutely essential. At present that fundamental principle of all good government — a responsible but supreme authority — is wanting in relation to our prisons ; hundreds of persons, and if we include county boards of supervisors, perhaps thousands, having a direct power in thw 84 PRISONS AND REFORMATORIES OF THE management. This single fact affords an ample explanation of the slow progress which has been made in general improvement. The select committee of 1850 on prison discipline, in the British Par- liament, took no wiser action than that of adopting a resolution, with a view to securing uniformity in prison constiucti(m and management, to the effect that "it is desirable that the Legisla- ture should entrust increased powers to some central authority, and that such increased powers would be best exercised by a board," etc. Without some such authority', ready at all times for deliberation and action, there can be no consistent and homoge- neous system of administration, no well directed experiments, no careful deductions, no estabh'shment of broad principles of prison discipline, nor any skillfully devised plans for carrying such prin- ciples into effect. But if the construction and management of all our prisons were entrusted to a central board or bureau, improve- ments of every kind could readily be introduced, and that, too, in the safest manner, by first trying the plan proposed on a small scale and under the best circumstanced for insuring trustworthy results, and then, if successful, gradually, under the guidance of experience, extending the sphere of its operations. It is material to remark, though the observation would naturally occur to re- flecting minds, that a supreme authority, like that here proposed, is quite compatible Avith local boards acting under its uirectiou. But, with or without local boards, a general board, properly con- stituted and empowered, could find little diflSculty in the efficient management and superintendence of the whole system. We ardently hope yet to see all the departments of our preventive, reformatory and punitive institutions — the nursery of the infant, the school of the juvenile, the jail of the adult, the local peniten- tiary, and the state prison — moulded into one harmonious and effective system ; its parts mutually answering to and sustaining each other ; the whole animated by the same spirit, aiming at the same objects and subject to the same central control, yet without the loss of the advantages of voluntary aid and effort where they are attainable. Among the interrogatories framed by the undersigned in rela- tion to state prisons, was one as to the opinion held on the probable utility of a supreme power, such as that proposed above, to be entrusted with the direction of the Avhole prison system. In their responses, the intelligent and experienced wardens of the state prisons of Massachusetts, Maine, Ohio and Wisconsin, and UNITED 8TATE8 AND CANADA. 85 the no less accomplished If warden of that of Missouri — Messrs. Haynes, Rice, Prentice, Corclier and Miller — expressed themselves us decidedly favorable to the creation of such central boards in our states, as likely to be productive of many important reforms in prison discipline. Mr. Miller added the suggestion that the members of the proposed boards be paid liberal salaries, tiist, to the end that men of intelligence, experience and enlarged views may be secured to serve on them ; and secondly, because persons who labor in such fields from motives of honor alone are never found very efScient, and rarely do more than take the opinions of prison officers and make up reports from them, without giving the subjects of their reports much thought or investigation them- selves. In this connection, as strongly corroborative of our views as to the utility and importance of a central administration, we venture to make a brief reference to the history of penal administration in France. Prior to 1856, the prisons of that country were sub- ject, in great measure, to the control of the departments in which they Avcrc situated. At that time they were for the most part in a shameful condition, being destitute of furniture, clothing, bedding, and indeed of all materials necessary to the service. Grave abuses existed in the supplies and the regulation of the expenditures. In most of them, a promiscuous mingling of the prisoners confounded all classes and both sexes. On the first of January, 1856, the state took charge of these prisons; that is to say, they became subject to that central authority and control, for which we are pleading in our own state. The result has been, the cor- rection of the monstrous abuses named above, the introduction of excellent and cheap supplies into the prisons, a great diminution of expenses, and an almost incredible augmentation of the pro- duct of prison labor. Under the old regime of separate juris- dictions, tile expense of the service was one franc and thirteen centimes a day for each person, which, under a central adminis- tration, has been reduced to eighty centimes — about sixteen cents of our money — or nearly one-third. The annual product of prison labor, which, prior to the change, had been in all the departments (except Paris), 14,466 francs, had increased even in 1862, the date to which our information extends, to 900,000 francs, an increase of more than sixty hundred per cent.* * Jearnal vf Prison Diaoipline and Philanthropy for Januarf , 1866. 86 PRISONS AND REFURMATOBIES OF THE SECTION THIRD. Prison Premises and Buildings. The grounds belonging to the state prisons visited by us. including those of New York (not visited lust yojir, but often before), vary exceedingly in extent, ranging from half an acre, as in New Hunipshire, to two hundred acres, as in the case of Clinton prison in our own state. In treating the subjects mentioned in the title of this section, we will tirst give brietiy the details belonging to the several pri- sons, and then ofler a few general remarks. Connecticut. — This prison is in Wethersfield, and is beautifully situated on the south side of an extensive bay. The premises embrace fifteen acres, a portion of which is inclosed by a wall seventeen feet high and three feet thick. The drainage is reported by the warden as ♦' not extensive," by which we presume is meant, that it is not perfect, or not very good. There are l)oth vegetable and flower gardens, and a handsome lawn in front, of four acres, ornamented with shade trees. The entire premises are clean and neat, and are altogether the most attractive, in point of rural beauties, to be found in connection with any state prison in the United States, as far as seen by us. The buildings are plain, substantial structures, economically built, without needless ornament, and also suited, in their whole appearance and air, to the object to which they arc devoted. There is a dwelling house for the chaplain standing by itself. and a residence for the warden adjoining the prison proper, with oflSce, guard room, dormitories for officers, «fec., &c. The cell building is of stone, two hundred and eighty feet long by forty- seven feet wide, with two blocks of cells, built of brick, four stories high. The number of cells is two hundred and fifty: their dimensions seven feet long, three and a quarter wide and about seven feet high. There are eight workshops, seventy feet by forty, well arranged and commodious. The chapel is forty- eight feet by thirty feet, and the hospital eighteen feet square. The prison has a department for female convicts. Delaware. — There is no state prison here, but the county jail at New Castle is used instead. light an UNITED 8TATE8 AMD CANADA. 87 IlUnota. — The premises hero cuntuin fifteen acres, and form an exact square, the encircling wall being eight hundred feet long on each side, and six feet thick atthc))aso, three feet at the top, and twenty-five feet high, cop^d with drvased stone five feet wide and eight inches thick, forming a bruu! walk for the sentinels. At the corners of this wall are four turrets, twcuiy feet in diameter and sixty feet high, for the use of the sentinels. The stylo of architecture adopted for the main buildings and walls is a castellated gothic; but for the buildings within the inclosure, convenience, security and durability have been studied more than architectural beauty. The two wings, east and west, are each two hundred and fifty feet long by fifty-four wide, and their walls forty feet high; one of them containing four tiers of cells, the other five, there being one hundred cells in each tier, or nine hundred in all. Each cell is four feet wide, seven feet long and seven feet high in the clear; and their floors, ceilings and partitions are each formed of one well dressed stone, eight inches thick. The doors are made of cylindrical bar iron, and therefore admit nearly as much light and air when closed as when open. Each door has its own lock, besides which there is a bar extending the entire length of the wing, which is operated by a lever at one end. This bolts every door in one tier at the same moment, and the two sets of locks constitute a double security. The warden's dwelling, which is between the two wings, and to which they are attached, is ninety-eight feet by eighty-seven, and five stories high, including the basement. It will readily be be- lieved that the entire facade, over six hundred feet in length, of massive hewn stone, presents a magnificent and imposing appear- ance, and looks more like the palace of some mighty prince than the home of felons, who are expiating their crimes within its walls. We have not space to pursue the description, but the entire appointments of the place, when the whole is completed — chapel, hospital, mess-room, kitchen, &c., will be in keeping with what has been already described. Within the great enclosure, and having an encircling wall of its own — a wall within a wall — is the female department of the prison, having 100 cells, with the necessary workshops, &c., &c. The work shops of the men are of stone, one story high of fif- teen feet, forty feet wide, and 1,295 in length, with cross walls at 88 PRISONS AND RBF0RMAT0RIB8 OF THI intervals, extending through the roof with a battlement or fire- wall. Ventilation is secured by windows on both sides every four* teen feet. No building within the onolosure is nearer than forty feet to the outside walls. In his report of 1860, the warden says: " If the plan of the prison uud character of the work are maintained till it is com* pletod, the people of this state may rely upon having a prison, which, for durability and convenience (he might have added, also, expensivcncss), will not bo equalled in the United States, and pro- bably not excelled in the world." , N^ort/tem Indiana. — Wo are not able to state the extent of the premises here. The prison is in process of construction, and at present is in un inchoate state. There is no cell-house, and the only place for the eontinenient of prisonerH is u single room, sixty- six by forty feet. In this all the prisoners, who are well, sleep and are confined at all times, when not engaged at labor in the shops. Four guards are employed to keep watch over them at night, one of whom is in the room with the convicts. There is no female department here. Sout/iern Indiana. — Here, too, we are unable to give the extent of the grounds belonging to the institution. The buildings are old and inconvenient, and the whole appearance of the place struck us as slovenly and repulsive. The warden, Col. Merri- weather, hud been in office less than two months at the time of our visit. He impressed us favorably, but failed to reply to our inter- rogatories, though he promised to do so, and was several times written to on the subject. The prison has a female department. Kentucky. — This prison is ot Frankfort, the capital of the state. The premises contain about six acres, without garden or ornamen- tal grounds. They are enclosed by a stone wall, four feet thick and twenty-two feet high. The drainage is slated to be good. Everything here wore a confused and slovenly appearance. This was, in part, no doubt, owing to the erection of new buildings now going forward, an extensive conflagration having occurred in the prison some months ago. The prison buildings are: 1. The cell house. This is two hun- dred and ten feet long by forty feet wide, containing two hundred and fifty cells, in three tiers, arched. Their dimensions are seven feet long, three and a half feet wide, and seven feet high to the centre of the arch. The odor of the cells was most offensive even lijt VNITID BTATI8 AMD CANADA. 89 in the day time, showing an oxcoodingly imporfoct vontilation. 2. A hemp factory, three hundred and seventy feet long, seventy feet wide, and three stories high. 3. Another 1urg( factory, three hundred and fifty feet l^ng, fifty feet wide, and two stories high, containing a chair Hho|), .i cooper vhop, a shoe shop, u taiioin nhop, a carpenter and wagon sliop, a hiacksmith's shop, an iiigino room and largo store room. 4. A building, containin<; i hospital, Hfty feet by forty fuct, with iron bedsteads, a guard rouin, twenty feet by forty, and a female department, which had, at the time of our visit, but two inmates. 5. A kitchen, wash house, and smoke house. 6. A building (the new one in process of erection, and nearly completed, when wo were there), containing, in the first story, a dining hall, eighty feet by fifty feet, well lighted and ven- tilated, with good seats, and every way commodious and comfor- table; and a chapel over the same, of the like dimensions, with a pleasant pulpit, settees for the convicts; and, altogether, present- ing an air of neatness and comfort. Maine. — The prison is in Thomiiston, eighty miles north east from Portland, situated on an eminence, and a few rods from navi- gable water. The grounds contain about four and a half acres, but even this small space is consideral>ly abridged by an old lime stone quarry embraced in them, formerly worked by the convicts, but long since abandoned as unprofitable. This old quarry gives to the grounds a rough, unsightly appearance, and, what is per- haps worse, diminishes them to a compass less than is required for the proper purposes of the prison. The premises are enclosed by a stone wall, four feet thick and fifteen high, with a picket fence on the top. There is a garden and a few shade trees. The residence of the warden is outside of the prison walls. It is a commodious brick dwelling, with necessary out buildings. Within the walls are the cell house, work ^hops, Ac, &c. The cell house is a stone structure, one hundred and fifteen feet in length and fifty in breadth, with which are connected the guard room and hospital. There are one hundred and eight cells, seven feet long, four feet wide and seven feet high. There is a large carriage factory (the manufacture of carriages being the principal business carried on here); a blacksmith's shop, where the iron work for the carriages is done; and a shoe shop. Under this latter, on the first floor, is the chapel, thirt)»eight feet by thirty-three feet; a neat and commodious apartment, with pulpit and settees, 90 PRISONS AND REFORMATORIES OF THE very tliffercnt from the cramped mid comfortless room, in the attic of the carriage shop, wliich it rephiccs. Massachusetts. — This prison is in Charlestown, two and a half miles from the centre of Boston. The site on which it stands is a point of land, washed on two sides by the sea, and affording, there- fore, the purest and most salubrious air; no position could be more favorable than this in a hygienic point of view. There are some seven acres, five of Avhich are enclosed by a quadrangular wall, of solid granite masonry, 25 feet high, 5 feet thick at the base, and 3 feet at the top, surmounted by a strong iron railing, with watch towers placed at intervals on the summit. In the centre of the prison yard there is an oblong plat of grass, with shrubbery, flowers, and a fountain. The prison buildings are of massive Quincy granite. There is an octagonal central sti'ucturo, with three Avings, or cell-houses, radiating from it at right angles to each other, and opposite one of these a range of brick buildings, consisting of the various prison offices, and two handsome dwelling-houses, the residences of tlio warden and deputy warden. The octagonal is 73 feet in diameter, and of the same height. In the bas'^ment is the cookery; and over it is a room, separated from the three wing« by iron bars, which commands a view of all the corridors, and every cell in the prison. In the centre of this stands a large glass case filled with gold fish; on one side is a book case containing the prison library; and on the others, a num- ber of lounges, chairs, and writing desks for the use of officers and visitors. This spacious apartment id lighted by four immense arched double windows, extending from the floor to tiie ceiling. Over this room, and of the s« ae dimensions with it, is the chapel; a well-lighted and airy apartment, having a neat and appropriate desk, provided with comfortable seats, and altogether cheerful and attractive in its appearance. It will seat 600. Above the chapel is another room of the same size, intended for a hospital, but never, as yet, used for that pm-pose, because sick prisoners would be unable to climb so high, and no apparatus for raising them has been introduced. The present hospital is at the end of one of the wings, though not a part of it. It is spacious and commodious, having fourteen cells of large size, with dispen- sary, bath-room, and kitchen attached. In each of the three wings used as cell-rooms, the external walls have, we think, ten large arched windows, five en each side, UNITED STATES AND CANADA. 91 extending from the eaves almost to the floor. Each window is 9 feet wide, by 26 feet in height, and made secure against attempts at escape by strong, upright, cylindrical iron bars. The doors of the cells are made of round iron bars. By this arrange- ment of the windows and doors, air and light are admitted almost as freely as if the outer walls were taken away, and the doors of the cells were set wide open. The number of cells in the three wings is 554. They are 8^ feet long, 4| feet wide, and 7| feet high. Their furniture is an iron bedstead, with curled palm leaf mattrass, a table with drawer in it, a stool, a shelf, a knife, fork and spoon, a pepper box, a salt cellar, a vinegar bottle, a water kid, and a night bucket, together with a Bible and a slate. There is no common mess-room, the convicts taking all their meals in their cells. There is a spacious guard room and a sitting room for the use of the officers. There are two long brick structures, two stories high, forming two sides of a hollow square. These are divided into ten work- shops, each about one hundred feet long by forty feet wide — all well lighted and ventilated. Ice-water, is kept in them in summer for the use of the prisoners. There is, besides, a foundry, one hundred and twenty-five feet by seventy feet. As the prison system of Massachusetts is the most extended and complete to be found in any of the states of our Union, so the undersigned have no hesitation in pronouncing the state penitenti- ary at Charlestown, though certainly far behind our ideal, the banner prison of the country. In its construction, its ventilation, Its staff of officers, its discipline (there are others where the dis- cipline is more rigid, more military), and all its appointments, except the department of secular instruction, it seems to us fairly entitled to this preeminence. It has no female department. Maryland. — This prison is in Baltimore, about three-quarters of a mile northeast from the centre of the city. It stands on elevated ground, and the situation, except that it is in a city, where no prison other than those for the detention of persons arrested and held for trial ought ever to be placed, is pleasant and healthy. The premises contain some four acres, which are inclosed with a stone wall, twenty feet high. Of the prison buildings we are unable to give any description. We neglected to make the usual memoranda, as Mr. Thompson, i \ % 92 PRISONS AND REFORMATORIES OF THE the warden, promised to respond to our interrogatories, but, though several times addressed by letter on the subject, failed to fulfill his promise. Our visit to tliis prison was a hurried one, and there was little about it which impressed us very favorably. Reforms seemed needed in all departments. A female department, well filled at the time of our visit, belongs to this penitentiary. Michigan. — The state prison is at Jackson, a little out of the town. The grounds embrace some six acres, and are encircled by a stone wall, five feet thick at bottom and three feet a( top, with a height of eighteen feet. There is a garden in front of the prison, not inclosed by the wall, which, with proper care and at small expRMse to the state, might be made highly ornamental. The drainage is good. The sewer is of brick and circular in form, with a diameter of four feet. There is a fall of twenty feet to the river in a distance of six hundred feet. The prison buildings include main prison, female prison, and solitary prison. The main prison consists of a centre building, sixty feet square, and four stories high, with an east and west wing, each two hun- dred and twenty feet long, containing the cells. Each wing has three hundred and twenty-eight cells, arranged in four tiers. The cells are three and a half feet wide, six and a half feet long, and seven feet high. They are each furni^>hed with a cot bed- stead, covered with canvas, a strawbed in winter, two sheets, a pillow case, quilts, a pillow'of hay, straw, shavings, or other like material, a stool, a night bucket, &c., &c. The chapel is sixty feet by sixty-five, twenty-two to twenty- eight feet high, with seats for visitors in the rear of the convicts. . The hospital is in the third story of main building, sixty feet square, with ceiling twenty feet high, and well lighted and ven- tilated. It is not regarded as secure, and, therefore, convicts must be quite sick or they are not allowed to remain in it. The mess room is sixty by sixty-five feet, and is furnished with long tables about a foot wide, a stool for each convict, and knife, fork, spoon, tin plate, and tin basin. The guard room is in the main building, and there are four guard houses on the top of the wall. The whole aspect of the prison struck us unfavoral)ly. Every- thing wore a slovenly air; the discipline appeared feel)le; and, generally, the administration seemed lacking in vigor and efficiency. UNITED STATES AND CANADA. d3 Missoun. — The prison is at Jefferson City, the capital of the state, and is situated on a bluff of the Missouri river, command- ing a fine view of the adjacent country. The prison premises em- bi'ace five acres, enclosed by a stone wall, twenty feet high, and of a thickness of four feet at th^- foundation and two at the top. The drainage is good, the descent to the river being rapid. The prison buildings consist of: 1. A large stone cell-house. Neither the dimensions of this building nor the number of cella arc stated bj- ex- Warden Miller in the paper communicated to us. The size of the cells is seven and a half feet by four feet, and it is claimed that they are well ventilated; which, if true, is a novelty in American prisons. Each \» furnished with an iron bedstead and a straw bed, with blankets according to the season. 2. A hospital building, also of stone. 3. Two large brick blocks for workshops, in one of which is a dining hall, which is likewise used for a chapel, being large enough to seat comfortably all the pri- soners. There is a female department in the prison. Most of the buildings here are quite indifferent, and not well adapted to prison purposes. The premises are much too confined for the size of the prison; and the tout-ensemble presented a slo- veiilj'^, uninv'ting, we might almost saj', repulsive appearance. How much of this might have been owing to the absence of the Avardcn, Mr. Horace Swift, we cannot say. As it was in contem- plation to erect an additional cell building, Mr. S. had gone to visit prisons in the eastern states, and gather ideas on prison con- struction that might be made available in the proposed enlarge- ment of the Missouri penitentiary. It is to be hoped that his mission proved successful, and that its fruits will appear in sundry reforms, where reform seems so much needed. In the absence of Mr. Swift, we sought an interview with the late warden, P. T. Miller, Esq., with whose reports during his administration Ave had been familiar. He spent an entire evening Avith us at our hotel. Mr. M. had been at the head of the prison for nearly four years prior to March, 1865, Avhen he was removed from the position by Governor Fletcher; for Avhat cause Ave did not inquire, and do not know. HoAvever able and worthy his suc- cessor may be — and we trust that he is proving himself among the abkst and the Avorthiest — Ave could not but regret that, for any cause other than malfeasance in office, it should have been deemed necessary to displace a gentleman of so much intelligence, such large experience, and views so enlightened and liberal on the 94 PRISONS AND REFORMATORIES OF THE I ml m whole subject of prison discipline and prison management, as we found Mr. Miller to be. iVew Hampshire. — The prison is in Concord, the capital of the State, on one of the principal streets, half a mile north of the State House. The prison grounds embrace only half an acre, which is en- closed by a stone wall, eighteen feet high and four feet thick at the base. The cell building is a substantial edifice, built of granite, and is two hundred and forty feet by fifty feet. It contains one hundred and twenty cells, whose dimensions are eight feet in length, four feet in width, and seven feet in hcighth. The chapel is a small but neat apartment, with capacity for seating one hundred and fift}'. The hospital has four rooms, each ten feet by twenty, thus giv- ing altogether, for hospital purposes, a space of forty feet by twenty. There is a building, two stories high, and one hundred and twenty feet long by fifty feet wide, which is divided into two workshops by a hall and stairway. ii ^ew Jersey. — The prison is at Trenton, the capital of the state. It was among the last visited by us, and our stay there was very brief. As Mr. Walker, the warden, failed to fulfill his promise to reply to our queries, Ave are not prepared to offer any satisfactory description of the grounds or buildings. Ohio. — The prison of this state is at Columbus, the capital. The grounds consist of fifteen acres, thirteen of which are enclosed by a stone wall, having an average height of twenty-one feet and an average thickness of twenty-two inches. The drainage is good, by sewers to the adjacent river. That part of the grounds not included within the walls is devoted to the purposes of a garden. The yard in front of the main building is ornamented with shade trees, shrubbery and flowers. The yard within the walls — a kind of court formed by prison buildings which surround it on all sides — is two hundred and seventy-five feet by two hundred and sixty-eight feet. The "engine" and "bell" houses are in the centre of this yard. The yard is sodded, and walks paved with brick intersect it in every direction. A few sycamore trees arc growing here and there in it, and there i* one piece of plain stone statuary, the subject of which we do not now recall. The prison buildings consist of 1. The warden's residence, in- high, an UNITED STATES AND CANADA. 95 oludiiig guard room and boarding house for officers. It is five stories high, including basement and attic, and is built of dressed lime stone. 2. Two prison halls, or cell houses. 3. A female prison and laundry. 4. A three story building, containing dining ball, hospital and chapel. 5. A prison for the insane. 6. A state shop. 7. State kitchen. 8. An engine house. 9. A bell house. 10. Nine workshop^}, where contract labor is performed. The prison proper consists of two cell houses, designated as the cast and west halls. These halls are built of stone, Avith outer walls three inches thick. West hall is one hundred and ninety foot in length by fifty feet in breadth, and contains one block of cells. East hall is three hundred and thirty-three feet by fifty feet, and has two blocks of cells. The cell blocks are of dressed stone, one hundred and sixty-five feet by twenty feet, five ranges high, and each range containing thirty-five cells. The corridors surrounding them are eleven feet in width. There are ten hundred and fifty cells. Their dimensions are seven feet long, three and a half feet wide, and seven feet high. They are furnished with bed, night tub, water bucket, and gas burner. The chapel is L shaped. Its length, exclusive of the L, is one hundred and forty feet; length of L ninety feet. One half of this part is partitioned off" for the use of the school and the library, which gives for the dimensions of the chapel a length of one hundred and eighty-five feet and a breadth of fifty feet. It is on the third floor of a building, running at right angles with and midway of the east hall, from which the stairs leading to it ascend. The hospital is on the second floor of the same building, directly under the chapel, with which its dimensions and general contour correspond. It is a large, cheerful, well aired apartment, with all needful appliances for its special purposes. There is an entrance by steps, outside, from the prison yard; also by a door communj- cating with east hall by the chapel stairs. The dining hall is also in the same building, underneath the hospital. Its whole length, including the L, is two hundred and thirty feet, and its breadth fifty feet. Tliere are three doors by which it is entered from the yard, and one from east hall. There are fifty-two tables, each fifteen inches wide and thirty-six feet long, the prisoners sitting, as in all other prisons where they eat in a common mess room, face to back. Every prisoner is furnished Avith a stool, knife, fork, spoon, plate, and tin cup. The prison kitchen and bake house, connecting with the mess room, is one hundred feet by thirty feet. 96 PRISONS AND REFORMATORIES OF THE . if' i ill It The guard room is thirty-four feet by eighteen, and is on the first floor of front house. It separates the two cell houses, and commands a view of both, communicating with them and with the prison yard. There arc ten workshops, including that wliere work is done for the state; or, to speak more accurately, there are ten build- ings, each containing several shops or apartments, where the same branch of business is carried on. AH the buildings are of brick, — most of them two stories high, but a few one story. They vary a good deal in size, the largest being three hundred and ftmrteen feet by forty-five, and the smallest (state shop) sixty feet by forty. PennNiflvania. — There are tAVO state prisons in this state, called the eastern and western penitentiaries. 1. Eastern Penitentiary. — This is situated in the city of Phila- delphia, on an elevated piece of ground, called Cherry Hill, from which it is sometimes named Cherry liill prison. The prison premises contain ten acres, enclosed by a massive wall of hewn stone, six feet thick at the base, three feet at the top, and thirty feet high. The building for the warden's and matron's residence and for prison offices forms a part of the south wall, on each side of the centre. The magnificence of this part of the prison may be inferred from the fact that the enclosing wall cost about $200,000. The architecture of the prison is a Norman Gothic, and the whole structure, but particularly the noble gateway, presents an imposing appearance. In the exact centre of the yard is erected the observatory, an octagonal ))uilding, from the middle point of which the spectator has a perfect view of all the corridors, and also of the broad, graveled walk, which extends from the entrance to the said central building, and each side of which is laid out in parterres, and planted with flowers and shrul)bery. The cell houses are built in seven blocks, radiating from this conmion centre. The spaces between the r.adiating blocks of cells are cultivated as a kitchen garden, and yield a large amount of vegetables, which are all fur- nished to the prisoners as a part of their rations. More than iwenty gas lamps, distributed through the grounds, light up the premises at night, and increase the security of the prison. Four of the wings are two stories high, and three one story. They vary in length from three hundred and thirty feet to one hundred and eighty feet. There are five hundred and thirty-six cells in all. Most of them are eight by fifteen feet, and twelve feet high, though 'i UNITED STATES AMD CANADA. 97 a few, because of the kind of work carried on in them (chair making), are double tliat size. In prisons conducted on the con- jrrcgato plan, the cell blocks extend along the middle part of the building, with corridors all around, and the cells are placed back to back. Here, on the contrary, the cells in each of the seven wings arc arranged in two rows, on opposite sides of seven central passages, extending from the observatory to the wall at the end of the block. All the cells in the three blocks of one story, and all in the lower stories of the others, have exercising yards attached to the rear, of the same dimensions with themselves. Many of these yards have borders planted by their occupants with flowers, or with lettuce, tomatoes, and other vegetables, or covered with strawberry vinos. Many also have grape vines, peach trees, plum trees, or other kinds of fruit. The products of the yards belong to the occupants of the cells to which they are attached, and they are at liberty eithei to eat or to sell them. One prisoner informed us that he had sometimes gathered three bushels of grapes from his vines; another has a peach tree which yields sev- eral bushels of peaches annually, of the finest quality and com- manding the highest price in market. Each cell has double doors opening into the central passage, one on each surface of the wall — a grated iron door on the inside, fastened with three bolts, and a close wooden door outside. The latter are set about one-third of the way open on Sunday to enable the prisoners to hear the preach- ing, and the same during the hot days of summer, to secure a freer circulation of air. They are never opened wide enough for pris- oners in opposite cells to see each other. The cells that have exercising yards have the same arrangements of double doors for the egress of the occupants to their yards. They are lighted by small skylights in the roof, six inches Avide by thirty inches long. The light is rather dim, and, in cloudy days, we should think, hardly sufficient for purposes of labor. Oil lamps are furnished to each prisoner at night till nine o'clock. The cells are furnished as follows: Each has a pine bedstead, with bed of straw and pillow of the same. The bed clotlies are two shee^':, a pillow case, a comfortable, and one or two blankets, as may be required. Each is also provided with a Bible, a praj'cr book (if desired, which is usually the cjise), a slate and pencil, a stool, a table (which lets down when not in use), a closet contain- ing two shelves, a looking glass, a comb, a hydrant, a water bucket, a knife, fork, spoon, plate, tin cup, oil lamp, piece of [Assam. No. 35.] 7 08 PRISONS AND REFORMATORIES OF TEE soap, bottlo of vinegar, and molasses can, liokling two quarts (the allowance for a month), together with such mechanical implements as may he required for the Avork to be perfornjcd. Each cell has also a water closet. Each block of cells has an eight-inch water pipe passing along the whole length on either side in each story (where there are two), with valves at the ends. The valve at the upper end is connected with a resei'voir of water, and that at the lower end Avith a sewer. Each cell has a branch from this main pipe. In the morning, after breakfast, the lower valve is throAvn open, and the contents of the pipe are discharged into the sewer. Then a stream of water is let on to wash out the pipe, after which the lower valve is closed and the pipe tilled Avith fresh Avater, Avhich, rising some inches in the bowl of the Avater closet, remains till next morning. Once a fortnight, or thereabout, each prisoner is furnished Avith a tablespoonful of chloride of lime, which he dissolves in a bucket of Avatcr, and pours the solution into his privy pipe. Women, as well as men, are imprisoned here. 2. Western Penitentiari/. — This is commonly spoken of as situ- ated at Pittsburgh, but it is in reality in the city of Allegheny, Avhich is separated from Pittsburgh by the Allegheny river, and is in fact but an appendage of that city, though forming a diiferent corporation. The prison premises here are in the form of an octagon, four hundred feet in diameter, and contain about seven acres. They are enclosed by a stone Avail tAventy-iive feet high, Avith an average thickness of tAvo feet. The drainage is good,'— by seAvers, Avhich cany off all the tilth to the river. There is a vegetable garden ^vithin the enclosure, and a tine laAvn Avith shade trees in front. The buildings of the Avestern penitentiary are, the residence of the Avarden, in front; three blocks of cells, tAvo stories high, radi- ating from a semi-circular observatory, after the model of the Philadelphia prison j one of Avhich is live hundred feet long, and the other tAvo, each tAvo hundred feet ; an engine and dye houso, and a gas house. The hospital is quite unAvorthy of a prison of the first class, consisting of tAvo badly arranged rooms, immediately over the kitchen. There arc three hundred cells, seven by sixteen feet, each pro- A'ided AV'ith a table, hanmiock, straAv bed, hydrant, gas burner, and necessary table furniture and mechanical implements for their UNITED STATES AND CANADA. 99 handicrafts. There are no exercising yards attached to the cells here. At the external angles of the front building are two large circu- lar towers, which, together with the warden's residence, present a handsome elevation, being finished in the castellated stylo of gothic architecture. A circular tower is also placed at the angle of the boundary wall on each side, for the purpose of overlooking the prison yards. There is a female department in the prison. The original plan of this prison Avas very different from that of its present construction. The cells, according to the former design, were built in a double range on the outer edge of the octagon, being placed back to back, as in prisons on the Auburn plan, but in the form of a circle, the diameter of which was three hundred and twenty feet ; part of them facing the boundary wall, and the others fronting the large internal area, which was subdivided into nine yards or courts. These cells were intended for the purposes of constant solitary confinement, of absolute isolation and non-in- tercourse. No labor of any kind was provided; indeed, the cells were neither large enough nor light enough for any such purpose. The prison was opened for the reception of convicts in 1827. It was soon found, on experiment, that solitude, although intended to be perfect and absolute, was far from being so in fact. From the bad arrangement and construction of the building, the prison- ers could easily communicate from cell to cell, and to such an ex- tent could these communications be carried as to become a source of mutual contamination, just as in prisons where promiscuous as- sociation is allowed. Their health suff*ered to such a degree that it became necessary to let them out in successive groups into the open court yards, which was, of course, utterly destructive of the solitary principle. Again, the difficulties in the way of effective supervision were found to be insuperable. After an experiment of three years, the inspectors recommended a complete change in the plan of the building ; and two years subsequently, in 1832, an act was passed by the Legislature, authorizing the demolition of these cells and the construction of others similar to those in the eastern penitentiary, in which the same system of discipline might be established. But we doubt whether the usages which came in- to vogue in the old prison w^ere not propagated, to a greater or less extent, in the ne\y, and whether the separate system was ever enforced at Pittsburgh, with any gieat degree of rigor. Certain it is that sush is not tlie case* at- the Jjreseht tifir'e.' ' lUfl 100 PRISONS AND REFORMATORIES OF THE Rhode Island. — Tho gronnd4 of this prison, which is in the out- skirts of Providence, cover an area no more tlian three quarters of an acre, and are encircled by a stone wall twenty-five feet high, with an average thickness of two feet. The county jail is within the same enclosure, and under tho same administration. Tho drainage is good. There is no garden of any kind ; only a few shade trees in front. Vetnnont. — The prison is situated on an eminence west of the village of Windsor, and about half a mile from the Connecticut river. The premises embrace only an acre and a quarter. The drainage is good — into the adjoining valley. There is no garden ; only a small bed or border of flowers within tho enclosure. There are two cell buildings, one of stone, the other of brick. The former is tho original4)rison, and is built on the old plan of large night rooms, arranged on opposite sides of a common hall. This is now used as a women's prison ;, and of course no attempt is made to enforce the silent system by day or by night. An im- provement greatly needed here is the demolition of this old struc- ture and the erection of a new one, where the female prisoners as well as the male can be scpai'ately confined at night. The male prison, of brick, is built upon the usual Auburn plan, with a sep- arate night cell for every prisoner. The cells are of unusual size, but none too large^ being eight feet long, six feet wide and seven feet high. There is no mess-room, as the prisoners take all their meals in the cells. There is no chapel, the religious services of the Sabbath being held in the corridor of the male prisoi). The workshops are three in number, all of brick. West Virginia. — There is no state prison in this state. Wisconsin. — This prison is situated at Wfiupun, and may be pronounced, in all respects, one of the finest in the United States. The premises comprise au area of twenty acres, eight of which are enclosed by a stone wall,, twenty feet high and tJiree feet thick* The front wall is a series of stouiC pillars and ai'ches, five hundred and seventy-five feet long, filled with an iron net-work. At tho time of our visit, the drainage was very imperfect. All the filth that accumulated was emptied into sink-holes, dug for the purpose of receivinff it. But in the winter of 1863-4, the commissioner of the prison, Henry CordLdr., Es(}., succeeded iu procuring the neces- sary legislation for the ^construction of a sewer, of ample dimen- UNITED STATES AMD CANADA. 101 sions, with a fall of about forty feet, from the prison ynrd to Rock river, by which the drainage will bo made perfect. There is a handsome garden, of nearly an acre in extent, in front of the pri- son buildings. The prison buildings consist of a main building (used as a resi- dence for the commissioner, officera' rooms, chapel and hospital), a cell room, a female prison, workshops, wash-house, barn and sta- bles and wood shed. The prison proper, — or cell room, is two hundred feet long, fifty feet wide, and thirty-two feet high. It is a structure of dressed lime-stone, with ten windows on each side, each window being sixteen feet by five feet. In the middle part of this room is a stone block containing the cells. A corridor fourteen feet wide runs all around it. The cell room for female convicts, surrounded by a separate stone wall, fifteen feet high and two thick, is seventy- three feet in length, thirty-four in width, and twenty in height. The cell room for men contains four tiers, with two hundred and oij'hty cells in all. The size of the cells is seven feet long, four foet wide, and seven feet high. That of the women contains thirty- six cells in two tiers, each cell being ten feet long, six wide, and eight high. They are placed on each side of the room, with a hall fourteen feet wide between. Each cell in the female prison has a window. The furniture of the cells, both in the male and female departments, consists of the following articles : a cot, stand, stool, wash basin, knife, fork, spoon, salt box, pepper box, vinegar bottle, spittoon, lamp and night tub. The chapel is in the second story of the main building, and is sixty-seven feet long, thirty-six Avide, and eighteen high. It is con- nected l)y a stairway with the cell house, and the only furniture is a pulpit and the necessary seats for the convicts, with a few for citizens also. The hospital, likewise in the main building, and connected with the cell room, is an apartment twenty-eight feet long, twenty-seven wide, and eighteen high. It contains only six beds; but this num« ber, up to the present time, has been found sufiScient. There is no dining hall, as the prisoners take their meals in the cells. The guard room is twenty-eight feet by twenty-six feet by eighteen feet. It is on the lower floor of the main building, com- municating with and overlooking the cell room. In it are kept the arms of the prison and the keys of the several departments. 102 PRISONS AND REFORMATORIES OF TKE A row of buildings, of I'lit wtono, throe hundrod and finy foot in U'njfth l>y forty in width, and two storioH hi^h, conliims tho workshops, viz: Htono, coopor, cabinot, mIioo, and tailor whops. Kach aparlnuMit intlioso siiops Ih forty foot by oightooii, andtwolvo foot lii^Ii. Tlio blaol\.snuth'8 shop, alno of ent stono, i« eighty foot by forty, and HJxtoon liigh. Tlio wasji lioiiso (sanu; niatorial) ia forty foot, hy twoiity-flvoby bixloon. It is tliiiH .soon that tljo Wisconsin stato jjrison is of the most dnraldo niatorials tiirougl'out, woll bnilt, woll appointt^d, and sub- Htantial in all rosptcts. It la also thu niotit orderly and thu moat noatly ki i)t of all tho woslorn prisarden, the various otHces of tho prison, and the famale ward; the other three contain the cells of the male convicts, eight hundred and forty iu uumbcr. In each ligont a i! UNITED STATES AND CANADA. 103 wImj? Ihoro arc two mngcM of iu'IIm, with fivo tliTs, llici't! ln'ing twt^iity-ci^lit <'(>1Ih ill ciioh tiur, or two liiiiuhvil ami ci^lity in all. Till! <'oni(lors arr lu'twccn llio raii^cM ofctlls, liiMtcad of ciKirt'linj^ (lii'in, tiH In iiHiial in pri.*«>n«i of the conirrc^ato onlcr. 'i'hc door.i of llu^ (clli arc; tlniN tnado to faco (>n<'li otlnT, and tlicru is a win* (low in each looking out into tho prison yard, in our jndgnicnt a had arrangcniont. It would ho a natund inf(a*('n(H> from tin; ahovo tliat tim prisoners can see (>ach other fVom the ncur with tho very intel- ligent and able physician of the i)enitt utiary, Dr. John R. Dickson, in the opinion that a grave mistake was made in erecting tho build- ings in their present position, Avhile, on the penitentiary farm, within six Inmdrod yards of tho ground that was selected, there is a beautiful site, fully thirty feet above the level of that now occupied by tho prison. By using that position, instead of tho one actually chosen, the almost insuperable difficulties with which the prison authorities now have to contend about sewerage would have been obviated. But even this original mistake as to tho best site is not tho worst. Probably the site selected would have 31 1 1 104 PRISONS AKD REFORMATORIES OF THE I 'a afforded sufficient full for good drainage, had not another most unaccountable mistake been made. That site offered a natural basis of solid limestone for the prison buildings, yet, with won- derful fatuity, the rock was excavated to the depth of several feet before laying the foundations, and thus was thrown away the opportunity of securing an effective system of drainage. On this subject Ave cite the foIloAving remarks from Dr. Dickson, in his last annual report: "Wherever large numbers of people are crowded into a comparatively' small space, thorough drainage, and the consequent construction of good sewers, is a matter of very great importance. The prison is provided with drains that may be styled excellent, as far as their size, depth from surface, and the workmanlike manner in which they were built are concerned; but, unfortunately, the depth to whicli the excavations for the basements and foundations of the buildings were carried, pre- vented the architect giving the bottom of the sewers such a declivity as wouM insure the discharge of their contents. The enormous quantity of human filth which was removed from the drains hist year, and the regular periodical flushing and cleansing of them since, have been productive of a great deal of good; much, however, requires yet to be done." Neio York. — The undersigned, as has been previously stated, were appointed commissioners to visit prisons beyond the limits of our own state. It is, therefore, perhaps, not properly within our province to report on the prisons of New York; yet, as this report is likely to find its way, to a considerable extent, into other states, and even into other countries, we have thought that it might be acceptable to readers beyond our oavu boundaries to find in its pages some notices of the prisons of this commonwealth, as Avell as those of other members of the American Union. We mention this as a reason, or apology, for statements heretofore made, and for others to be hereafter made, touching the said prisons. There are three state prisons in New York — Auburn, Sing Sing and Clinton. Anhurn Prison. — This prison is at Auburn, Cayuga county, on the Owasco creek, a few rods from the depot of the N. Y. Central railroad, and within half a mile of the heart of the city. Its sit- uation is elevated, pleasant, and healthy. The prison premises embrace an area of ten acres, inclosed by a stone wall in the form of a parallelogram, one thousand feet in length and five hundred feet in breadth. This wall is graded from Ii UNITED STATES AND CANADA. 105 a thickness of six feet at the bottom to four feet at the top. Its upper surface is level ; but, owing to the irregularity of the ground, its height varies from twelve feet to twenty-five. " Un- quostioiiibly, the solid masonry of this massive inclosure is well calculated to frown down the hopes and ventures of Avould-be fugitives; but had common sense inspired and superintended the construction of the building inclosed, it is safe to say that a fair proportion of the $90,000, given as the cost of the wall alone, might have been saved to the state, and made more useful else- where." The drainage is described by the officers as " sufficient in amount, but not perfect in regulation." A large main sewer discharges its contents into the Owasco creek, into which smaller sewers conduct the filth from different parts of the premises. The buildings consist of a large central structure, five stories in height, of grey limestone, used as a residence by the warden, and for various prison offices ; two wings — cell houses — of similar height and material, extending from the two sides ; and a number of brick, stone and frame buildings, used as workshops and for other purposes, in the interest of the prison ; these latter being arranged without much regard to symmetry or order, diminishing, by the irregularity of their location, the facilities for observation, and compelling .in increased force of keepers for this purpose. The number of cells in this prison is nine hundred and ninety; their dimensions six and a half feet long, four and a half wide, and six and a half or seven feet high. There are, besides these, seven dungeons, or dark cells, used for the punishment of refrac- tory prisoners. Sing Sing Pnson. — There are, in fact, two prisons at Sing Sing, the male and the female ; each entirely distinct from the other, l)ut in near proximity ; the former being placed immediately on the cast bank of the Hudson river, .and the other on the hill di- rectly in the rear. The prison grounds contain seventy-seven acres, including the prison farm, with a frontage of fourteen hundred and nineteen feet on the river. The boundary line is somewhat irregular, but the form is, in the main, quadrangular. There are seven or eight acres between the river and the railroad, which arc occupied by the buildings, gardens, yards and docks belonging to the male prison. Tlie remaining portion of the grounds lies along the slope and on the brow of the hill. The surface is broken, with marble rock cropping out at various points. It was chiefly on account of the Ml 106 PRISONS AND REFORMATORIES OF THE (: i' inexhaustible quarries of marble found here, that this spot was se- lected as the site for this prison. For many years these quarries were worked by the convicts, on account of the state, to consider- able profit ; but not nuich is done in this way at present. About thirty-seven acres are cultivated as a prison farm. The drainage of the prison is not perfect, but by vigilance and care it is made toleral)1y effectual. Tlie buildings here are very numerous ; we cannot undertake a complete description. The male prison is a vast structure, the material being marble, obtained from the quarries on the prison grounds. It is four hun- dred and ninety-four feet in length by forty-four in width, and contains twelve hundred cells, the dimensions of which are seven feet long, four and a half wide and seven high. There is a window, one foot by three, opposite each cell, an exceedingly small amount of window space for a structure of such huge pro- portions. The corridor encircling the block of cells is only nine feet wide, which, again, is far too narrow for so large a building. The cells were originally arranged in fourtiers. When an enlarge- ment was needed, a fifth story was added ; and subsequently, a like necessity arising, a sixth. How much farther it is intended to build towards the empyrean, wo know not ; but fondly hope that the limit has been reached. The kitchen, mess-room, chapel and hospital are all in the same building, near the centre of the prison yard ; the first two being on the ground floor, the others in the second story. They are all, with the exception perhaps of the kitchen, too small for the proper accommodation of the prisoners, with exccedingl}'^ low ceilings. There are sixteen workshops, most of which are of stone, scat- tered about the prison yard without the slightest regard to sym- metry or convenience. By this haphazard distribution, the trouble and cost of supervision are nuich increased. There is no wall around the male prison, and the Hudson River railroad, a thoroughfare of immense business, passes directly through its grounds. The Avant of a wall is imperfectly supplied by eighteen guard posts, at which sentinels are stationed at all times when the convicts are not locked in their cell". There is a guard house, built of marble from the prison quarries, forty feet by twenty-two, standing on the slope of the hill between the male and female prisons. Here the grards, who are oft" duty, remain during their intervals of duty, always ready for any sudden emer- prison. a veiy Will the pr UNITED ST^^TES AND CANADA. 107 gcncy that may arise. Hero also are kept all the arms belonging iiig to the institution, consisting of sixty-five carbines, forty -seven muskets, and eleven navy revolvers. The female prison is a handsome marble building, two stories high, with a l)ascment in the front part, entirely above ground. It has a front of fifty feet, with a Doric portico of imposing pro- portions, and a depth of one hundred and fifty feet. There is a stone wall around these premises. That part of the edifice which overlooks the Hudson river is appropriated as a dwelling for the matron and her household. The remainder is used for prison purposes, and consists of cell house, hospital, nursery, kitchen, workshops, &c., &c. The number of cells here is one hundred and eight. They are much too few for the number of prisoners, and many of them veiy often have to receive two occuj)ants. There is no dining hall, other than one of the corridors of the prison, a great defect; and no chapel, other than one of the work- shops, a still greater defect. The situation of this prison is unsurpassed. It is on the brow of the hill, which rises pretty sharply from the front of the male prison. The view from the portico, mentioned in the pre- ceding paragraph, is one of the highest magnificence and beauty. The Hudson river, rolling along between its romiuitic and pic- turesque banks, — the abode of elegance, taste, and refinement, — is visiljle for nearly fifty miles, and a hundred sail of vessels can sometimes be seen at the same moment. (JUnlon Prison, — It is situated sixteen miles west of Platts- bnrgh, at the village of Dannemora, in the county of Clinton, and in a fine mountain region. No site, affording purer air or combining more of the conditions of health, could have been selected; but Avhethcr other essential conditions in the proper loca- tion of a prison have been equally well met is open to ve\y grave doubt. The drainage here is excellent, the nature of the ground being such as to afford every facility for carrying off the sewage readily and completely. There are two hundred acres of land belonging to this prison, thirty-seven of which are enclosed by a stockade, twenty feet high, constructed of the trunks of young trees, which has proved to be a very fair defence against escapes. Within this enclosure are the numerous buildings necessary for the prison purposes — residences of officers (three iu number), 108 PRISONS AND REFORMATORIES OF THE prison offices, chapel (a neat and commodious one), hospital, mess* room, cell building and many workshops, all of which are scat- tered about the premises in a very hap-hazard manner, and with- ' out any regard to convenient inspection, or, as far as we have been able to judge, convenience of any other kind. It would occupy too much space to enter into a full description of all these buildings, nor is such detailed statement at all neces- sary. The cell building is four hundred and ninety feet in length, and fifty in width, containing five hundred and thirty-eight cells, arrjinged in three tiers. The cells are eight feet long, four feet wide, and seven feet high, being, as will be seen, considerably larger than those in either of the other male prisons of the state. From the foregoing detail, it will have been observed that, in respect to location, the greater part of the prisons described (there are certainly a few exceptions, our own in Clinton county, for example), combine, if not all the advantages that are desirable, at least all that could be expected to meet in any one spot. The great objects to be kept in vicM', in fixing on the site of a prison, are — esise of access, facility of transportation, the means of ob- taining lucrative employment for the prisoners, cheapness of the articles required for their consumption, salubrity of situation, and capability of effective drainage. These paramount advantages arc in the main, secured for the majority of the state prisons of the Union, visited by the undersigned, and also for that of Canada, with the exception of the one Isist mentioned; and this, indeed, was there originally, but was, with unaccountable thoughtlessness, wantonly flung away. There appears to have been, of late years, a growing and, as we cannot but regard it, an unfortunate disposition to lavish expenditure in the erection of prisons, both as it respects the materials used and the degree of ornamentation given to them. Walls of hewn stone — granite, marlile, or the like — with all the architectural adornments usual in the most costly public edifices, seem to be becoming the order of the day. When the late Senator Douglass visited, a few years ago, Augusta, Maine, on being driven through the city, the carriage was stopped in front of a superb granite building in the heart of the city. Glancing at the well proportioned and imposing structure, he remarked, inquiringly: "That, I presume, is your state house?" "No," was the response, "it is our county jail." In point of fact, the prison is a handsomer and more cosily structure than the capitol, UNITED STATES AND CANADA. 109 which is less than half a mile distant, and, wc think, in the same street. The common jail at Lowell, Massachusetts, which must have cost an immense sum, is open to the same criticism. So is the state prison of Illinois, at Joliet; of Wisconsin, at Waupun; and of Canada, at Kingston; although, possibly, in the case of the two last named, there may be less objection, from the fact that the labor was performed mostly by convicts. In his able work on crime, Mr. Frederick Hill, for many years inspector of prisons in Scotland, speaking on this subject, says: " On my first visit to Cupar, having arrived late at night, and taking a walk early the next morning, I came to a mansion with a large portico in front, which I concluded must be the residence of one of the most opulent inhabitants; but after breakfast, being conducted to the place where I Avas to make my official visit, I found that this building was the prison!" The italics and note of wonder are Mr. Hill's, who is a strenuous opponent of needless expense and ornament in the erection of prisons. The chief points to be aimed at in prison construction are secu- rity, the best arrangements for carrying on the several branches of labor selected, adaptation in all their appointments to the great end of reformation, fiicility of supervision, and a rigid economy. Costly materials and high architectural adornments are not essen- tial to any of these ends, and are directly subversive of the last. We are quite willing and even desirous that prisons of every class should be decent, substantial, and tasteful structures ; but to buildings of a highly ornamental and costly construction we are unalterably opposed, and that for several reasons. In the first place, such buildings add not a little to the cost of crime; a burden already quite as heavy as the public finds it con- venient to bear. Let us test thiji by a comparison between the prisons at Joliet and Wethersfield. The former, when completed, will have cost the state about a million of dollars, and will contain nine hundred cells. That will make the cost of accommodations for each convict $1,111. Money, we believe, readily commands in Illinois ten per cent, interest. This will give as the cost of housing each prisoner $111.10 a year, supposing every cell to be occupied; when this is not the case, the cost will be increased in proportion to the difierenco between the number of cells and the number of their occupants. On the other hand, in the Connecticut state prison, the number of cells is 250, and the cost of the buildings and grounds was about $42,000, which gives $168 no PRISONS AND REFORMATORIES Of THB as the investment of the state for the accommodation of each of her convicts during his imprisonment. Money in Connecticut is worth six per cent, a year, which entails an annual expense upon the state for liouse room to her prisoners of $10.00 each; a differ- ence of over $100 yearly in the cost of every convict in these two states in the item of rent alone. Yet the prisoners are as well accommodated in Connecticut as in Illinois. The prison is of hewn stone, well built, substantial, secure, and far from disagree- able to the eye; while the grounds are much more extensive iu proportion to the number of prisoners, and incomparably more ornamental and attractive than those of the Illinois prison are, or can c\'er be made. Iu the second place, a prison with a stately and imposing ex- terior, however plain the internal arrangements may be, has a mischievous tendency, as suggested, by Mr. Hill, to give import- ance to criminals and dignity to crime. We would, therefore, fain hope that the taste, or the ostentation, which has led to the erection of such prisons, as the common jails of Augusta and Lowell, and the state penitentiary at Joliet, will soon pass away; and that we shall rid ourselves of that strange vanity which leads us to make a parade of moral deformity, as the unfortunate victim of the goitre sometimes invites attention to her physical malform- ation by hanging jewels and gold chains about her neck. But In the third place, there is a still more weighty objection to such costly prisons as those that have been, and others that might be named. The science of prison discipline is even yet in its infancy. Able minds, both in Europe and America, are turned, with increased earnestness and vigor, to the study of this deep problem. New principles, or new applications of old ones, are continually evolved. One improvement suggests another, and it is not in the power of the most far-seeing sagacity to forecast the result of such ceaseless and energetic efforts. One thing, how- ever, is certain — that public opinion is gradually changed by them; and society comes at length to look with disfavor upon prisons which are incapable of admitting the improvements suggested by experience. It is but little more than a quarter of a century ago that the progress of penal science, > he advance of sound principles of prison discipline, compelled the demolition of nearly all the more important prisons in this country and Europe; and it looks as if another revolution, not less potent and far more beneficent, were within the possibilities, if not indeed the probabilities, of UNITED STATES AND CANADA. Ill the not distant future. * Whenever such an era arrives, the old prisons will no longer meet the ideas, and, therefore, not the wants, of the community, and will have to be abandoned. It is, therefore, highly important that these establishments should be built upon the least expensive plan consistent with their essential objects, since otherwise they become obsticles to improvement; obstacles, too, difficult to be overcome in proportion to the amount of money expended upon their construction. How much harder, for example, would it be to persuade Illinois to adopt a prison system which Avould compel the abandonment of buildings, on which had been expended a million of dollars, than it woulti Con- necticut, whose whole outlay upon her state prison has been but a fraction over $42,000? Let us not imagine, then, that our prison edifices must be so constructed as to endure through all coming ages; but rather hope that the advance of sound principles will be so rapid and the consequent change of public opinion so great as to require radical alterations in our methods of prison construc- tion, to meet the demand of a higher and juster philosophy of public punishment. ' We would only add, in this connection, that, in all points of view, whether as regards the productiveness of the labor, the facility of supervision, the health of the prisoners, the security against escapes, or economy in building, it is desirable that the plan of a prison should be simple, with as few divisions, passages and stairways, and as few obstructions to the view in the yard, as possible. In respect to these matters, improvements of the great- est value may often be made merely by the removal of division walls and staircases. There is but one separate state prison for women, as far as we know, in the United States — the one at Sing Sing, N. Y.; and even here, the relations between the male and female prisons, both in respect of proximity and otherwise, are too close to permit to the latter the enjoyment of anything like the full benefits of sepa- ration. There are no women in the state prison of Massachusetts, persons of that sex, convicteil of felonies, being uniformly sent to the county houses of correction, even where the sentence is for life. All the other state prisons, visited by us, have female depart- ments, except that of Northern Indiana, at Michigan City, which is in an inchoate state, and could not, at present, receive them. We have alreadj', in the brief outline heretofore sketched in this report of a prison system for New York, stated, at some length, 112 PRISONS AND REFORMATORIES OF THE our objections to the plan of having male and female prisoners confined within the same enclosure, and especially in the same building; and it would be worse than superfluous to repeat them here. We would simply remark, in passing, that complaint was almost everywhere made of the trouble arising from this source, and the conviction expressed of the extreme desirableness, if not absolute necessity, of a complete separation of the sexes by con- fining them in diflerent prisons, and placing those prisons in dif- ferent localities. The great difliculty of preventing communica- tion, when the sexes are confined in the same prison, is well illus- trated by an inciJcnt related in the second annual report of the Boston Prison Discipline Society, 1827. In the state prison of New Hampshire, a male and female prisoner occupied rooms in the extremities of the building, one in the lower story at the north end, and the other in the third story at the south end; and yet, though strangers to each other at the commencement of their im prisoumcnt, they managed to form an acquaintance and carry on a courtship, which resulted in marriage, after their discharge. This is matched, if not overmatched, by some female prisoners in Preston jail, England, mentioned by the Eev. John Clay, late chaplain of that prison, who, he says, climbed over a chevaux-de- /rise, which he Avould have thought utterly impassable, in order to get into the ward of the other sex. A practical difficulty, of no little magnitude, encounters us at this point. In most of the states, there are not female convicts enough to warrant the erection and maintenance of prisons for them alone, and there are no other prisons, as in Massachusetts, to which they can be sent. This difficulty would be obviated by the establishment in the several states of district prisons, interme- diate between the state prison and the common jail, each to servo as a house of correction for several counties; a class of prisons which we consider essential in a comprehensive and efficient sys- tem of penal institutions for any state or county; and in the estab- lishment of which, as intimated in our sketch of a plan for New York, the sexes should be in distinct buildings, at a distance from each other. We have stated the dimensions of the cells in all the prisons mentioned in the foregoing detail. In reference to netrly all of them, we have the same criticism to offer — that they are much too small for either sanitary or moral purposes; and in most of them the furniture is deficient, whether viewed in relation to comfort, UNITED STATES AND CANADA. 113 ordor, or cleanliness. In both these respects, they are, in general, inferior to the cells which Howard found in the principal prison of tho Netherlands, the tnaison de force, at Ghent, on his visit there in 177G. Each cell, occupied by a single prisoner at night, was six feet ten inches long, five feet four inchris wide, and seven feet eight inches high. The furniture of each was a bedstead, a strawbed, a mattress, a pillow, a pair of sheets, two blankets, a small bench, a shutter to the lattice window in the door, (nine- teen inches by fifteen) which, when let down, served as a table, and a cupboard in the wall, two feet by one, and ten inches deep. We do not recall any cells of equal size in our American prisons, except those in the female department of tho state penitentiary of Wisconsin, which are ten feet long, six wide and eight high; while those in tho provincial penitentiary of Canada arc considerably smaller than any of ours. being brought down to the most diminutive proportions in which an ordinary-sized mortal could find accommodations for his outer man. We consider tho small size of tho cells in most American prisons, our own state included, little, if at all, short of positive cruelty. It gives no additional security, is at war Avitli cleanliness, and proves a perpetual hindrance to the mental, moral, and physical welfare of their inmates. The argument in its favor — economy — is one which no state has a right to use, where such vital interests, her own as well as those of her prisoners, are at stake. We have not often, in the foregoing detail, noticed the size of the Avindows in the prisons visited; but we have this general remark to make concerning them, that, with comparatively few exceptions, they are altogether too small, the dead wall being out of all proportion to the window space. In this, as in most other points of construction, the Massachusetts state prison stands without a peer among the prisons on this western continent, there being, in effect, little more masonry in the walls that enclose tho blocks of cells than what is sufficient to make them perfectly solid and firm, all the remaining space being taken up with windows. In the descending scale. Sing Sing has the place of bad eminence, the proportion of window to wall being, we should think, less than half what it is in any other prison in the country. Dr. Pryne, the intelligent physician of the prison, has expressed the opinion, officially, that the deficiency of sunlight contributes, in a great degree, to the ill health of the prisoners. There can be no [Assem. No. 35.J 8 114 PRISONS AND REFORMATORIES OF THE doubt tliiit the small windows of prisons are bad in their eflect on health, by diminishing the Hiipply of light, just as cellars and other darkened situations aHuet injuriously the health ot plants. But there is another way, in Avhieh small Avindows have an unfa- vorable eft'ect upon the health of prisoners, viz.: by obstructing the entrance of pure air. The air brought into prisons by means of flues is not at all comparable to that which comes direct through an open window; and, other thiiigs being equal, those prisons will be found most conspicuous for the health of their inmates, in Avhich there is the most abimdant supply of pine fresh air straight from the heavens. Prison windows should, therefore, be lai'ge; and they may safely be made so, if guarded by wrought iron bars, as in Massachusetts. We would also have the glass of the ordinary kind, instead of half opaque. There may be, and doubtless are, some advantages in preventing prisoners from looking out of their cells; but they are more than counterbalanced by the loss of light, with its attendant gloom. The size of the prisons in some of the states is a point in them, which cannot fail to have attracted the attention of the careful reader. They contain eight hundred, nine hundred, one thousand, and in one case — Sing Sing — one thousand two hundred cells. Now we desire, just here, to express our opposition to prisons of such magnitude, and to utter our solemn caveat against them. They are subversive of one of the most important principles of prison discipline, as evolved and established by recent experi- ments, particularly in Ireland, and which has been named anc?/- vidualization; by which wo uiiderstand the thorough study of the character of each prisoner, and the adaptation of the disci- pline, as far as that can be done consistently with a due legard to general principles, to his personal peculiarities. It is obvious, on the least reflection, that the application of such a principle is practicable only in prisons of quite moderate size. lu our judgment, three hundred prisoners are enough to form the population of a single prison; and, in no case, would we have the number exceed five hundred or six hundred. In this judgment we are confirmed by the opinion of the most intelligent prison ofiicers, examined by the commission of the Prison Association of 1866, who, we believe, with entire unanimity, expressed a similar conviction. The erection of prisons of moderate dimensions would facili- tate the classification of prisoners on the only sound principle and great UNITED STATES AND CANADA. 115 through the only cffectivo agency — the classification of prisons theinselvos; the various classes of ofTendcrs being conunitted to ])rison8 designed specially for their reception and treatment. As far as practicable we wonld have, 1. Separate prisons for females. But on this subject wo have already presented our views sufficiently at large. 2. Separate prisons for the young. We do not hen; refer to houses of refuge or reform schools, but to prisons in the strict sense. Two advantages, arising from the division of i>risoners according to sex, economy in construction and simplicity of man- iigoment, would be still further promoted by a division according to age. In such a division there would be the added advantage of withdrawing from such youthful transgressors the frequent spectacle of men and women who liavc been convicted of crimes, and who ai'o undergoing punishment; a sight in itself demoraliz- ing, and to Avhich they would be exposed, even though the arrangements of the prison should bo such as to guard against the greater evil of contamination through promiscuous intercourse. In prisons of the kind here proposed, greater attention could be given to education than would be proper in institutions designed for oft'enders of more advanced age. Indeed, the Avholo might properly be made to assume ;'ie character more of a well-conducted work-house school than of an ordinary prison. 3. Separate prisons for different occupations. After securing a classification according to sex and age, the most important prin- ciple of distribution is identity, or at least similarity, of employ- ment. As far as may be, let the same occupation be pursued by all the inmates of any given prison, so that there shall be no necessity of having tools and machinery adapted to different em- ployments and oflScers qualified to give instruction therein. The application of this principle would necessitate the establishment of both agricultural and manufacturing prisons, and would require that the latter should be constructed, some for .one kind of work and some for another. 4. Separate prisons for the worst class of offenders. As in the world at large, so in a prison, it is found that the chief trouble is given by comparatively few persons. It would, therefore, bo a great relief to withdraw these few from the prisons where they are found so troublesome and create nearly all the difficulty, and to place them in buildings expressly adapted for them, and under officers posiessing peculiar qualifications for their manage mt. 116 PRISONS AND REFORMATORIES OF THE Such nn nrrnngpiiu'nt would Miinplify tho ndininistrntion of (ho ordinury prisoiiH, and greatly dituiiiiHh tho eoMt of thuir construe- tiou, while, at tho Huine time, it would be the greatest benefit to the class thu8 H(>gregated, winee they wonhl thereby be placed luuler eircuinstaiices. and Hubjected to u r^ffivie best adapted to their special treatment. If corrigible, their cure would i)o likely to bo etfceted through this instrumentality; if incorrigible, they should b( made comfortable, and detained for life. Uut on this stibject more hereafter. It occurs to us to remark, in piussing, that, however great tho advantages of such a cliussitication of prisons and of prisoners as tho necevssary sequence, tho adoption of tho system is (piito im- possible under the present plan of separate local jurisdictions, which prevails in this and other states. It is a system which can .neither be established nor worked otherwise than by combined acti(m and a general administration. If tho system has any merit, it is a fresh argument for the creation of that central authority for tho control and management of our whole prison system, which has been recommended mid urged on other grounds in a former part of this report. SECTION FOURTH. GoVEltNMENT. The government of our American prisons has already been considered, in the section on their general administration, so far as the duties of their .several boards of inspectors are concerned. At letist, this Ims been done in part. The title of inspectors, as applied to these officers, we consider rather a misnomer. Their function is one of government rather than of simple inspection. Managers, governors, or directors (this lost indeed they are some- times called), would have been more betitting their true position in our prison systems than that of inspectors, Avhich is tho one given them in nearly all the states. Although the inspectors are nowhere the immediate agents in the administration of the prison government, yet everywhere (or if there be any exceptions, such are very fcAv), they direct it. They make tho regulations, as stated in the last section, wh'oh the wardens arc charged to execute ; and they constantly watch over this execution. Their legal authority is substantially the same in UNITED STATES AND CANADA. 117 the (liflbrcnt stutea ; hut tlio umniuu* und extent of its exorcise VHi'ieM jxrcutly, tlio purt tiikeii in the utTiiii'M of the pri.son heing nuioh more active in some etutea thuii in others. In New York, for exaiii[>lc, tliis authority \h ull'pcrviuJing, und makes itself felt in every / must be men of ajmt and steadfast purpose, free from pre- judice and partiality. — That eminent American divine, the late Dr. Mason, wa?< accustomed to say that there were thi'ce principles, which, l>eing wisely applied, v»'ere sufficient to govern an empire ; they are: "Be reasonable, be lii'm, bo uniform." These maxims are no less applicable to the government of a prison than they are to that of a state. They should be men of untiring vigilance. — Convicts are prone to idleness ; most of them have never been trained to hal)its of in- dustry ; and, as a class, they are cunning and deceitful. Keepers must be vigilant, or prisons will be schools of vice. Thpy should have a liking for the occupation in which they are engaged — Without this, there can be no heart, no enthusiasm, lit- tle interest even in their work ; and these conditions Avanting, everything is wanting adapted to insure success, or likely to render their career as prison officers useful. Finally, prison officers should be men duly impressed tcith relig- ious friuciples; men who fear God, and are in the habit, as the ex- pression of that reverence, of attending the services of somereligiovs body. — What adequate security other than that of religious princi- ple, can they have against the temptations incident to their situa- tion ? Few men have greater temptations to fraud. Few are more open to the assaults of bribery. Few have greater trials! of temper. Few become abusive and injurious with greater impunity. All these are sore trials of strength, severe tests of character. This is particularly the case iu regard of the temptti- domesti knowle( UNITED STATES AND CANADA. 123 tion to resort to improper methods of money-making. To this many prison officers succumb, — some even of those who fill the higher positions. Many convicts either have money secreted on the prison premises or can command it outride, and they are will- ing to pay liberally for exemptions and privileges, which their officers have it in their power, in various Avays, to accord. Is it strange that a willingness of this sort in the prisoners should be met by a willingness of another sort on the part of those who have the charge of them ? There are officers — we could wish that the number were less — who receive more money in gratuities from convicts, than they receive in salary from the state. It is painful to us to be obliged to make such statements ; but if there is a canker of this kind at work in our prisons, — and that there is, no one conversant with them can doubt or deny, — the public should know it. HoAv else can they apply the proper corrective ? This corrective Ave conceive to be fourfold — the liberation of prisons from the control of party politics, the payment of higher salaries, a more permanent tenure of official position, and, as the resultant of all this, the appointment of better men to office. But we an- ticipate, as these matters Avill fall more naturally elsewhere. In regard to the qualifications of prison officers, we v/ill add no more, except to say, in tho words of Mr. F. Hill, that " the higher the officer's position, the more varied and numerous are the qualifications required. The governor of a large prison should be a person of strong native talent, of great decision of character, yet of kind and aflfable manners; he should possess great insight into human character, and into the various causes of crime and springs of action; and he should be influenced by a strong desire to promote the permanent Avelfare [i. e., the reform- ation] of the prisoners com.nitted to his charge. He should be possessed of poAvers of command and of holding others to re- sponsibility; and, in order to maintain these effectually, it is necessary to be able to determine Avhat every one under his authority can reasonably be expected to perform, and to judge of the manner in Avhich every duty is discharged. And this in regard to female officers: "The qualifications of female officers are, ni man;' respects, the same as those of males. It is especially ii. portant, however, that female officers should be distinguished for modesty of demeanor, and the exercise of domestic virtues, and thai; they should possess that intimate knowledge of h'^usehold employment. Avhich will enable them to < 124 PRISONS AND REFORMATORIES OF THE teach the ignorant and neglected female prisoner how to econo- mise her means, so as to guard her from the temptations caused by waste and extravagance." The wardens of all the state prisons visited by the under- signed were asked for an expression of their views as to the proper qualifications of prison officers. Tho answers, given with various degrees of fullness, agree substantially with the views which we have set forth in the foregoing paragraphs, on that important subject. The wardens were further interrogated as to how far the re- quisite qualifications are, in point of fact, possessed by the officers serving under them. One replies: "It is intended that no officer shall be employed about the' prison, Avho does not possess these qualifications." A few say thajt the qualifications required are possessed by their under officers in a moderate or fair degree. One says that the qualifications for holding office in his prison are "good morals, general intelligence, vote the ticket, 'dwCi support the party f^ and that, as a general thing, the officers are qualified according to the standard, though sometimes mistakes occur." Whether the mistakes referred to concern the political or moral part of the requisition is not stated. In their answers generally, the wardens are quite free in the expi'cssion of their conviction of the want of fitness or adequate qualification in their subordinates. One declares them " very deficient in these qualifications." An- other says that "not one in twenty is qualified." A third gives his answer in these words: "Very few of the officers whom I employed possessed the qualifications mentioned. Some came near possessing them; but the majority had but a dim idea of their duties and responsibilities." These last answers strike the key-note of the majority received by us. Now, where are we to look for the causes of this almost univer- sal lack of qualification in our prison officers ? One cause, and that too of no little potency, is the very inadequate compensation paid them for their services. But of this we have spoken before, and it is unnecessary either to repeat or to enlarge upon that point. The supreme cause, however, of this deficiency, as lamentable as it is wide-spread, is to be found, we apprehend, in the control- ling power given to party politics over the management of the prisons in most of the states. We know of but one state that has escaped this malign influence; the fortunate exception is Pennsyl- UNITED STATES AND CANADA. 125 vania. The inspectors in this state are appointed by the supreme court, a body at once more permanent and less subject to political influences than the appointing power in the other states; and to this circumstance, probably, is duo the happy exemption which we have mentioned. It is claimed, indeed, that in Vermont, poli- tics does not influence the appointment of officers or the adminis- tration of the state prison; and yet the directors and even the warden are elected annually by the legislature, a body, ex neces- sitate ret, essentially political. How, then, are we to reconcile the claim with the fact? Quite readily, at least in the only sense in which the claim can be truly made. Owing to her stead- fast adherence to one policy, Vermont hjis received the name of "the star that never sets;" and the memory of man runneth not to the contrary of the uniform ascendency in that commonwealth of the same political party. So that no political control over the management of the prison means, there, an all-powerful control — a control so constant and pervading that, like the atmc.^phere, it is unseen and unappreciated. The same claim is made for MassEi- chusctts and Maine, and, no doubt, upon the same ground, since it is made in the face of the fact that, in both states, the inspectors and warden, and in the former, the chaplain and physician also, are appointed by the governor and council, a body as necessarily and completely political as the legislature itself. No doubt Messrs. Haynes and Rice the excellent wardens in those states, in the ap- pointment of t.^eir subordinates, have a prime regard to fitness; but let political parties waver there as they do in some other states — this year one party being in the ascendant and the next another — and, unless human nature is a difl*erent thing in Massa- chusetts and Maine from what it is elsewhere, the idea that poli- tics has nothing to do with the management of the prisons will soon be a thing of the past. In other states there is no claim of exemption from political influence over the government and administration of the prisons. In the answers given to our interrogatories, such expressions as the following are of frequent occurrence: "the warden is chosen, by the legislature, and, of course, his appointment is controlled by party politics;" " party politics influence, to a great extent, the appointments of officers in this prison;" "party politics controls absolutely the appointment of the staff" of prison officers here." But nowhere else, probably, does political influence act so di- rectly and powerfully, indeed with such an abs' lute and domi- 126 PRISONS AND REFORMATORIES OF THE i natiiig effect, as in Wisconsin and New York. In the fostmer of these states, the head of the state prison, called there comniis* sioncr, is elected at the same time and in the same manner as the Governor, that is to say, by direct popular vote, at the general election, every two years. The pr*. sent commissioner, Mr. Cor- dier, in answerinii our question on that point, does not, therefore, hesitate to say: "Party politics controls the administration of the prison entirely. The conunissioncr owes his position to a politi- cal party, and he therefore appoints such men to office as belong to that party." In our state, it is nuich the same, only worse in one particular, as we will presently explain. Here the inspectors, the governing power in our prisons, are also chosen by the peo- ple, one each year, at the general election. They are nominated by party conventions and elected by party votes. What can they do, therefore, but obey party behests? So far Wisconsin and New York seem to stand on much the same ground in reference to their prison affairs. But, as already intimated, there is one respect in which the latter is worse off than the former. In Wis- consin, the commissioner is the direct agent of the administration, and responsible for it. Clothed Avith the unrestricted power of choosing his own agents, he has a strong personal interest in hav- ing good ones, and consequently, though his selection must be confined to his own party, within that limit he will be likely to scan the qualifications of candidates with some degree of keen- ness. In New York, on the contrary, though the inspectors direct the administration, they are not its immediate agents, and so not responsible for it. Though invested with an unlimited power of appointment, they have no personal interest in the character of the officers whom they are charged with selecting. It is not to bo supposed, therefore, that they will scrutinize very closely the qual- ifications of their appointees, but will look rather to the political services rendered by them during the canvass. And such, in effect, is the operation of the system. It is in evi- dence, in the sworn testimony of numerous witnesses taken by a commission of the Prison Association, in 1866, that, in appointing persons to office in our state pris.^ns, very little attention is given to the qualifications of the candidates. Appointments are made almost wholly on political considerations, and sometimes without the inspectors having even so much as seen the applicant. This state of things operates two Avays to lower the standard of official qualification in our state prisons; — first, by inviting a turinff UNITED STATES AND CANADA. 127 crowd of inferior men — often mere loafers, idlers, or blatant poli^ ticians — to these places; and, secondly, by repelling men of char- acter and competency from seeking or even accepting them, partly because of the inadequate compensation given for the service, but still more because of the uncertain tenure by which the positions arc held. Here, indeed, is the radical defect of the prison systems in most of the states of the American Union; it lies in political appoint- ments and the inevitably resulting consequence, brevity and uncer- tainty in the tenure of official position in our state penitentiaries. When the political complexion of the governing authority of the prisons is changed by the transfer of power from one party to another, there is, for the most part, a general change in the per- sonnel of the various prison staffs. The incumbents belonging to tht defeated party must give place to the iiungvy swarm of office seekers of the victorious phalanx, most of whom have little to recommend them, as the major part of their predecessors had not when they belonged to the conquering host, except certain party services, often of the lowest and most disreputable character. If this condition of things cannot be changed, if the management of our prisons cannot be lifted out of the control of party politics, if a character of permanency cannot in some way be imparted to their administration, so that bad officers only shall be sifted out and good officers shall be retained during good behavior, then farewell to all hope of improvement, or at least to all expectation of thorough, radical, enduring prison reforms. The best prison system that human sagacity has devised, or is competent to devise, can never succeed, can never work out its normal results, under the everlasting fluctuations entailed by making our prisons a part of the political machinery of the state, and the everlasting official incompetency necessarily growing out of such a policy. Men never condnct their private business on any such principles. How is it with our railroad, banking, insurance, express, manufac- turing and steamship companies? Do they change all their em- ployees, from the president to the porter, with every turn in the political wheel, dismissing all who belong to one party, and calling in an entirely new set belonging to the other? How long could the richest of them escape bankruptcy and ruin under such a sys- tenk of management? And can that be wisdom in the management of a prison — Sing Sing, Auburn, Clinton, or any other — which 128 PRISONS AND REFORMATORIES OF THE wouUl be madness in the manuf^oment of the Central railroad, Adams' express, (»r the Bank of New York? Impossible I What, then, is the remedy? One word will express it — com- mon sense ! Restore the reign of that exiled bnt most wise and safe comisellor, antl the Avork will soon be done. Bnt a special suggestion or two may not be ont of place here. Let party i)olitics be discarded ntterly from the management of onr prisons. It touches bnt to mar their administration. Let fitness alone l)o considered in appointments to office. An erroneous i«lea seems to prevail as to what an office is. It is not a reward for political service, an honor due to active devotion to a political party. An oflice is a position of toil and duty. It has the same relation to the public service, that a business post has in a commercial house. No one has any claim to it, unless he is fitted for it; and surely no one should be appointed to it, unless he is fitted. Let suitable and effective tests be applied to ascertain the qualicatJons of applicants for office, prior to their appointment. No applicimt should be employed at first otherwise than on pro- bation; and his probation should cover a term of at least six months. A daily record should be kept, as is done in the Englifch prisons, of the manner in which he discharges his duties; and his formal appointment should be made to depend on the result of this trial. Then only should he become an officer, when he ceases to lie a probationer. Let the teiuire of all offices be made permanent, that is, during good behavior, so that there shall be no removals, except for cause. Both appointments and removals are now made on party considerations chiefly, if not solely. Men are inconsiderately placed in office without reference to their fitness; aid they arc remorselessly removed from it as soon as they have learned their duties. Can it be expected that we should have effective service on such conditions? Can it be expected that men will do their duty intelligently, promptly, efficiently, and honestly, ^ho know fliat, despite their utmost diligence and fidelity, next vcek, or next month, or next year, their places will be taken from them, and given to others? Would mercantile houses, would the directors of banking and insurance companies, be willing to employ their agents and clerks on this plan? To ask such a question is to answer it. We complain of the inefficiency and corruption of our prison officials; yet we could not devise a grade I UNITED STATES AND CANADA. 129 schomo of ndininistrntion hotter adnptod to produce these evilw than the one actually employed. Would not men ho almost more than human who, under such circumstances, would do thch* duty faithfully and effectively? Let the appointment of all suhordinate officers, char/];ed with police duties, ho placed absolutely in the hands of the head. This officer is responsible for the administration, and should be held strictly to that responsibility. Such being the case, it is but reasonable that he should have the unrestricted selection of his agents. Let none but persons in the prime of life (say within the limit of forty years) be appointed as prison officers, except it be in ex- traordiniuy cases and for special reasons, and then the reasons of the appointment should be made matter of formal record. Two advantages would result from the adoption of this rule. First, the full vigor of the officer, and, secondly, all the benefits of his long expei'ience, would be enjoyed by the institution with which ho might be connected. Let there '»y virtue of whieh tlio Htiitu m'ouUI profit hy the over aceutniiliitiii); Hkill iiihI experience of it;* Hciviintti. .H. In it»i syisteni of proniotione*, Ity which llto niont eonipetent and faithful men would he secured for the higher and more rcsponsilile grades of service. 4. In thin, that, an u general r(de, it would take only young men into service, and no would secure the benefit of their devotion during the best 3'ears of their life, as well as the ripe fruits of an experience gained through a long career of public service. 5. In the further advantage, that it would guaranty to them a constantly iiKreasing livelihood, as the fruit of their dili- gence and fidelity, the reward of a meritorious devotion to duly. And 1). In the constant and strong inducement held out to the in- cumbent to do his duty faithfully, in the moderate provision to be made for him andd the infirmities of age or under the visitation of some unexpected calamity. As regards the mode of appointing the officers in the prisons of the ditfe rent states, or, more accurately perhaps, the authoiities by whonj they are appointed, the usage varies considerably. In Ken- tucky, New Hampshire, and Vermont, the warden is appointed by the Legislature; in Maine, Massachusetts, Michigan, and Missouri, by the Governor; in Pennsylvania and Rhode Island by the in- spectors. In the above named states, the chaplain, clerk, and physician are variously appointed by the Governor, inspectors or warden; and in all of them, the other subordinate officers — keep- ers, overseers, guards, «fec. — are ajjpointed by the warden, cither absolutely or subject to the apjjroval of the several boards of in- spectors or directors, — generally the latter. In Wisconsin, the commissioner (warden), as before stated, is chosen by the direct vote of the people; and he has unlimited power over the appoint- ment of all other officers. In Ohio, the clerk is appointed hy the Governor, by and with the consent of the Senate; all the other officers by the board of directors. This is almost as bad as in New York, where evciy officer in the state prison, without excep- tion, receives his appointment from the board of inspectors. We have already stated our opposition to this mode of appointing the under officers, Avith the reasons on Avhich it is grounded. It would but encund)er these pages to repeat the arguments on that head. In all the prisons visited, the rules and regulations require, on the part of the officers, an abstinence from intoxicating liquors and from the use of profane language. In some prisons, this rule UNITED STATES AND CANADA. 181 neoms to be woll cnforcotl ; in timt of MiwsiuiliiwcttM, fcr ^ ^ impte, tho siiirll of li(|iior (ni tin olKcfr'H ln'oiUh is u HnfKciicnl c; io for dismissal. In reference to one pri.son, the statement i« jninle (Imt " the retjiiirenient (jU)8tinenc'e from li(|iior und profanity) in not at present rnneh regarded. " There is n^won to fear that what is confessed of one is trno of many more. Wc wore intormed by a person who kept a larjje l)oardinj; h()UH<> for prison otKoers, that of more than twenty inmates there was but one who ditl not swear, •ramlde, (binU to intoxication, and commit otiier improprieties Itolh of act and Ian};na<;e. It jjives lis no pU'asnre to n»ake state- ments of tins kind ; bnt onr committee of each house, diu'ing their amnial ses- sion, to examine the prison or prisons of their respective states. In some states — Wisconsin, for example — this work seems to be (|nile thoroughly done, and the reports submitted t« the Legisla- tures often contain valuable suggestions and recommendations, But it appears to be more frequently the case, that the examina- tions made by legislative committees are of a rather perfunctory character, and either no reports are made, or those that are, con- tain little that is of much interest or value. There are but tuo states, Miissachusetts and New York, where there is anything like an ctKcicnt inspection of all the prisons in the state, and full re- ports made of their results, with suggestions of moditicatio?!^ and improvenjcnts required in their respective prison systeras. In Massachusetts, this is done by the board of state charities ; in New York, by the prison association. It is much to l)e desired that in these and all the other states, a more ett'ectivo system of inspec- tion should be established through the institution of central boards or bureaus, clothed with higher powers than those possessed by either of the bodies named, or even by the board of inspectors of 132 PRISONS AND REFORMATORIES OF THE Canada, which last might, nevertheless, serve as the general model for such organizations. In all the prisons, we believe, the deputy warden is the officer charged with the daily inspection thereof. In concluding this section, we recur to a topic alread^^ considered in it at some length, — politics as an element in the government of American prisons, — for the purpose of introducing an instructive extract from the excellent paper furnished by Mr. P. T. Miller, late warden of the Missouri state penitentiary, of whose merits as a prison officer, we have already, more than once had occasion to speak. In his response to our interrogatories on state prisons, Mr. Miller uses this language : " Party politics controls absolutely the ap- pointment of officers in this prison ; and to this cause is to l)e attri- buted the total neglect of the great question of prison reform, and the slow progress made by earnest christians and philanthropists in awakening a proper interest in the subject. The very fact that prison officers expect to relinquish their positions on every change of administration begets indiiference and inattention; and they are usually contented to drag along in the mere mechanical discharge of their duties, looking no farther than the expiration of their term of office; leaving whoever may succeed as head to shape a policy of his own. Under such a state of facts, patent to every observing eye, how can we hope for any permanent fruits from the labors of the wise and good men, whose hearts are in their woik? Hitherto, arguments, which, it would seem, should have forced conviction on the most unwilling minds, have produced ab- solutely no effect; and the commonest rules of prudence, which are applied to all the affairs of life and business, have, in this regard, been intentionally ignored, or willfully violated. If legis- lators desire to know the cost and practicability of some great public improvement, they are careful to consult the skilled engi- neer, and not the common laborer, who is skillful only hi the use of the spade and pick. If an exploring expedition is to l)o sent out, they select a practical seaman, and not a railroad conductor, to direct it. Or, if precautions are to be taken against the ap- proach of a death-fraught epidemic, they consult a board of phy- sicians, lid not of lawj'crs. How careful are men, in their private atJairs, to adopt the same prudent course in the selection of agents, and to look at the peculiar fitness of the man for the position he is to fill, regardless of his knowledge or opinions on other mat- ters. The commonest experience of everj'-day life declares to all men that a great lawyer is not, for that reason, a skillful financier, UNITED STATES AND CANADA. 133 and that successful bankers are not necessarily successful mer- chants. The truth certainly should be confessed, it is confessed theoretically, and practically, too, in all things else, that men be- come great, distinguished, useful and efficient in that one thing to which they devote years of study and practice. Is it not equally true that the proper qualifications for prison disciplinarians are not mere natural gifts, but are acquired in the school of experi- ence, where all things valuable are learned? Nor is the frequent change of officers and systems less demoralizing to the officials thcinselves, than injurious to the convicts whom they may have under their care. While one warden imposes a certain rule of action, during his term of office, for the government of the pris- oners, he is succeeded by another, who sees nothing good or val- uable in the policy of his predecessor. A third follows him, with plans and purposes differing from both; and the result of all is, that the convict concludes there is no settled policy in regavd to him. The wholesome lessons, taught him by one master, are dis- sipated and their effisct destroyed by the rashness or folly of another. Take a number of children, employ one teacher one mouth, another the next, and so on through the succeeding months of the year, each having a system of teaching, differing from his predecessor, and what progress will they make? Will they not rather retrograde than advance, and, from the confusion of sys- tems adopted, fail utterly to get any correct impression of their aim? The same reasoning will apply, with equal force, to prison administration. Unless something can be done to arouse public attention to the matter, and, through the interest thus awakened, the control of our penal institutions can be snatched from the pos- session of unscrupulous partisans, the whole system will continue to grow worse and worse, until it becomes a disgusting spectacle to reflecting and patriotic men, and our prisons, instead of correct- ing evils and diminishing crime in the land, will be but colleges of wickedness, where men will be educated and graduated in every species of villainy." 184 PRISONS AND HEFOHMATOIUES OF TUB I SECTION FIFTH. I)is(;ii'LiNK. <; With covfaiii inodiHcatioiiis on minor [)oiiil.s, tlio ni! 's and rc^ij- laliouH iolatin<>; to thv (loporhncnt of convictH arc substantially tlu> saino in all .he pri.sonH on tlu^ con<::r<' necessary under that .system. J^ach cell is a prison in itsidf, and the convict detained in it canPiot remler himself guilty of otl'ences, which can be connnitted only in company with others. The organizations of prisons on the Auburn or congre- gate plan is far more complicated, and involves the necessity of a greater nund)er of rules of order. The general duty of prisoners in all i)rison8 of this class is to work diligently, to obey all orders, and to preserve unbroken sih'iice, as well during the labors of the da\', as in their solitary ccdls at night; although in some prisons, there is a relaxation of this last rule, in that part of it which rc- (piires absolute silence during the hours of work. Hut we will here offer to the reader an outline of the regulations of a few of the leading prisons, as far as the same relates to the duties and conduct of the convicts. In the Massachusetts state prison, convicts are reipn'red to show respect to the olficers, to be diligent at their Avork, to obey all orders promptly, and to be sid, missive to all the rules and regu- lations of the j)rison. In speaking to an otficer, they must salute him by raising the hand to the forehead, ''"..e}' nuist not I'xhibit ill teujper when reproved, nor hold unnecessary conversation with an oiticer, nor have any tratfic or collusive proceedings with him. The}' must not speak or write to other convicts, nor look at, speak to, or answer any ijuestions of. visitors, except by pei-mission of the warden. They cannot have any writing materials without UNITED STATES AND CANADA. 185 povmission, nor curry food into the yard or shops, nor make any alteration whatever in their clothing. They arc reqnired to bo prompt in takinjj their places in the division at l)cll-ringin<^, to march (he lock step, at a rather brisk pace, with the head a little in- clined towards the otiicer, body erect, and hands hanging by the; side; to take the tirst dish the hand is put upon, in passing the tables at meals; and to be careful not to spill or drop any food Avhilo in the prison. On (Mitering tlu^ cell, they are to place the food on the table; to return ami stand just Avithin the door, Avith the face to the opening; to close the door gently, thrust the hand through the opening in the bars, and keep it in that position till the officer rcturjis; to draw the hand iji as soon as the officer has passed the door; and to thrust it out again, in the same manner, if an extra count is ordered. They sire rerpiircd to be cleanly in person, clothing, and cell; to spit nowhere but in the spittoon; not to mark or in any Avay mar or disfigure their cells, or injure or misuse any book or utensil allowed them therein; not to Avork in Ihe cell, or bring in or carry out any article contrary to regula- tions; to keep bed and l>edding in good order; never to rap on the cell door, except in case of sickness or other imperious ne- cessity; and to pass nothing from one to another but by permis- sion. The}' are required, at the ringing of the first bell in the morning, to turn out, dress, make the bed, fasten up the same, and have the bucket, dishes, and coffee pot ready for marching out; to open the door, gently, to the Avail, step outside, and march at the word of conuuand; to hold the dishes in the right han the seat assigned to him, and, Avhile there, to give his entire attention to the services; to suppress, as far as possible, all dispo- sition to cough, and to abstain from shuttling Avith the feet, spitting on the floor, and all movements of the body calculated to disturJ) the order and (juict of the place. If two or more convicts are passing about the yard at the same time and in the same direc- tion, they must Avalk in single file, never abreast; nor nuist any convict ever loiter in the j-ard Avitliout permission. If convicts are. uuAvcll, they nmst report to the officer of their department, imme- diately on entering the shop in the morning; if sent to the hospi- tal, they must proceed directly thither; and if ordered to tho tm ifi I 136 PRISONS AND REFORMATORIES OF THE yard for exercise and air, they must confine themselves to the limits designated for the purpose. When a convict wishes to speak to the warden, or have an interview with the chnphiin, he must first obtain leave from his officer; and in case he desires to speak t') the inspectors or either of them, he must ask and obtain permission from the warden. The following is the daily routine at this prison: The convicts are mustered out of their rooms in the morniug, at hours varying with the scjison of the year, but, as a genciiu rule, as soon as it is broad daylight; earlier than this is nof Ci csidered safe. On reaching their respective shops, the fir, biisiness in to have a thorough wash, after Avhich, in summer, they engage in work for abcut an liour. After this scjuson of work, or, in winter, im- mediately utter washing, they return to t'leir cells with their breakfast. As soon as this is disijatched, t.'iey attend prayers in the chapel, and then return to their workshops to labor. They remain theie in associated labor, but in strict silence, except when pennitted by their officer to make such inipiiries or remarks as tlieir work may require, until 12 m. Then they wjish, and go with their dinners to their cells, for which they are allowed ojie hour; at the expiration of vhich, they return to the workshojjs and continue theii* labor till six o'clock in summer, and, when the days become shorter, until just before the sunlight begins to iail, With their suppers, they then return to their cells for the night. On their way thither, they pass a certain point, wliere the warden or deputy warden and the overseers of the Avorkshops take their stand. Such of the men as have committed any offence during the day are ordered to remrin at this point, Avhilc the others file off to their cells. The offence of each is stated by his overseer to the Avarden or deputy, who examines the ease, and, in his dis- cretion, either reprimands the offender, or sends him into punish- ment, which consists in the deprivation of supper and bed, instead of which latter he has only a board and blanket. On Sunday morning, those of the convicts who wish to take part in the exercises of a Sunday school, assemble in the chapel for that purpose an hour before divine service. Attendance upon this exercise is voluntary, and (unfortunately, we think, in a prison where there is so much that is excellent in many respects) this is the only stated teaching of any kind Avhich is given in the insti- tution. Divine service follows immediately on the close of the UNITED STATES ANB CANADA. 187 Sunday school, after which the prisoners return tc their cells for the duy. During their visit to this prison, the undersigned were present at Sunday school and the Sabl)ath morning service, and were deeply interested in l)oth. In the former, the convicts gave oiirnest heed to the instructions imparted, and showed nuich in- telligence as well as promptness, in their answers to the questions put to them; and in the latter, we listened to a highly practical and appropriate discourse on the prevalence and danger of dis- belief in religion from the worthy chaplain. Rev. Mr. Carleton, delivered with much unction, and heard with profound attention by his convict congregation. In the Ohio state prison, the duties required of the convicts are, in substance, as follows: To labor diligently, obey all orders promptly, and observe unbroken silence: not to comnninicate with each other by word, look, or writing, nor make use of any signs, except to convey their wants to the waiters: to approach their keepers in a respectful manner, to address them only when it becomes necessary in relation to their work or wants, and then to be brief in their communication: not to speak, witliout leave, to any person who does not belong to the institution, nor to receive from such any letter, paper, tobacco, or anything Avluvtever: not to leave the place where they are put to work or the work they arc set to do, nor to suffer their attention to be taken from their work to look at visitors, or even permit themselves to gaze or look at tlieni when unemployed: not willfully or carelessly to injure their work, tools, clothes, bedding, or anything belonging to the prison, nor to mark, injure, or in any way deface the walls or otiier part of theii cells: not to execute their work badly, when they have the ability to do it well: not to receive or transmit any letter or paper, except inuler the inspection of the warden; on entering their respective cells, each to draw the door of his cell till it strikes the latch, and ir. this position to stand, holding his door, until the turnkey approaches and puts in the key, then in- stantly to close it; to go to oed immediat ly on the ringing of the bell (they may go before if they choose), and observe a ])rofound silence from that time uul'il the sound of the bugle in the morn- ing, when they must instantly rise, dress themselves and prepare to march out; to march in irilitary step (lock-step); not to sleep with their clothes on; and, on becoming sick or from any cause rnable to work, to report themselves to the officer under whose 138 rniSONS AND R. r ORMATOniES OP THE mMm m charge tlicy nuvy be. for leave to visit the lu)-ipitiil unci consult tlio phj'.sician. The following arc the daily routine of duties and the regula- tions relating to the prisoners in the state prison of Wisconsin: In winter, the prisoners rise at G a. m., and without previous labor, breakfast at (U; in summer, they rise at h^, and breakfast at J, after a period of Avork. Breakfast is fjcrved in the cells ])y the assistants. On the ringing of the small bell in the morning, the prisoners rise, dress, put up their bedstead, bed and beddintr, and wash themselves. On the ringing of tho large bell, immedi- ately after breakfast, they come out of their cells and jnarch in single file, taking the lock step, to their usual places of labor, where they remaiii till 12 m., Avorking diligently and in silence. Then, at a sigiiii), they quit Avork. Avash, and prepare for dinnc \ At a second si'rna], lliej^ form in close order .is before, and, cii^-- rying their dinner with them, lujirch to their cells, AA'here they itie locked up. At one o'clock, lifyrftnrn, in the same manner av before, to their Avork, Avhich they continue till six, Avhen they quit AVork foi* the day. Receiviii<^ i heir supper, thej' return Avitli it to their ccll-^, Avhere all their meals iiro taken. They are for- bidden to hold any communicalion Avith each other at any time, in aiiv manner, or by any means, unless the most urgent necessity connected Avitli their work compels them to do so. They are not to speai- to any person, who does not belong to the institution, unless permission is granted by the commissioner or the deputy, and then only in the presence of one or other of these oflScers, or of some other officer detailed for the purpose. They may not leave their Avork Avithout special permission from the officer in charge. The^' are forbidden to sleep AA'ith their clothes on. They are required to approach the officers in the most respectful manner; and the use of all insulting, profane and abusive language to offi- cers, strangers, or each other, is strictly interdicted. All are recpiircd to attend divine service in the chapel at least once every Sunday. The following is a brief siunmary of what is required of convicts in the state prisons of Ncav York: To labor diligently, ob"y all orders, and preserve unbroken silence; to march to and from their Avork and meals, under the care of their several keepers, in single tile and close order (lock step), each looking over the left shouldci' of the one immediately in front of him and Avlth his right hjmd resting on the right shoulder of the same; to march straight and sive these T takin our the fast table pris(j two eater T the all the one We UNITED STATES AND CANADA. 139 turn square corners; in chapel to sit erect and with arms folded, and the same in the mess room, except while eating; in meeting officers and visitors in the yard, to give way in all cases, and to tip the cap to them; to do no fancy work and make no trinkets; never to engage in traffic Avith fellow prisoners, officers, or any olltor persons; not to willfully or carelessly injure their work, too!-', clothes, bedding, or anything belonging to the prison; not to ('xecnt(j their work badly, when they have the ability to do it well; not, Jt any time or on any pretence, to speak to any person who doijh uot belong to the institution, nor to receive from them any letter, paper, tobacco, or other article or thing whatsoever; and, in their whole demeanor, to act in a respectful, quiet, and orderly majuier, and in strict conformity to the discipline of the prisoi!. Ti}e foregoing summary of the rules and regulations, governing iho conductof convicts, in the prisons of four of the leading states of the Union, and those in widely separated localities, from the extreme east, to what until lately at least was the extreme west, may serve as a specimen of the whole. They confirm the remark with which we started, that, with some minor differences, they are everywhere, in substance the same. Indeed, if we should give these regulations for all the state prisons, it would be seen that they are, to a great extent, transcripts the one from the other. Those of Massachusetts and New York are the ones most exten- sively followed. In some instances, the rules and regulations of these states are almost literally copied. The usage varies in different prisons as it respects the place of taking the meals. We do not intend to speak with exactness, but our impression is that in about one-half of the prisons visited, .ill the meals are eaten in the cells; in the remaining portion, break- fast and dinner are eaten in a common hall, furnished Avith narroAv tables, not exceeding twelve to fifteen inches in width, with the prisoners all facing one way. But even in prisons Avhere the first two meals are taken in mess rooms, the suppers are carried to and eaten in the cells. The mode of receiving the prisoners and initiating them into t!ie mysteries of their ucav prison life is substantially the same in all prisons where the same general system of discipline, that is, the separate or the congregate, is maintained; and a description of one is, to' all intents and purposes, a description of the whole. We will, therefore, describe the modus ojperandi in two represen- 140 PRISONS AND REFORMATORIES OF THE tative prisons, one, that is, of each class — Sing Sing, in New York, and the eastern penitentiary, in Pennsylvania. When a convict is brought to the Sing Sing prison, various in- terrogatories are put to him by the clerk, and the answers elicited are recorded in a book. Any papers, money, or valuables in his possession are taken from him, and deposited with the warden for safe keeping, against his discharge. He is then given into the charge of the keeper of the hospital. This officer takes him to the dressing room, and causes him to be denuded of all his clothes, thoroughly washed in his whole person, and dressed in his prison garb; after which he is weighed and measured, and the results fully recorded. He is next conducted to the hospital, where he is carefully examined as to the state of his health by the physician, and the facts thus ascertained, together with a full description of his person, are entered in a register kept for the purpose. The prisoner is then conveyed to the cell building, where he is given into the charge of the hall keeper, who instructs him in the rules to be observed by him as a prisoner, and particularly as to the duty of implicit and prompt obedience, after which he assigns him to some vacant cell till such time as he can be permanently placed among the gang, or members of the shop, with whom he may be required to work. Either on that or the following day, if able bodied, he is assigned to some branch of prison work, and that part of his sentence which condemns him to hard labor begins to take effect. Convicts in feeble health at the time of their recep- tion are either placed in the hospital, or put upon some light work for the state; they are never assigned to contract labor. When a prisoner is received into the eastern penitentiary, at Philadelphia, he is first conducted into an ante-room, where a minute description of his person is taken by the warden, and recorded in a book kept for the purpose. He is then hooded, (i. e. a mask is put on his face,) taken to the bath room, thoroughly cleansed, and furnished with his new convict suit; after which he is again hooded and led into the cell, whose four walls are to con- stitute the limit of his locomotion during his prison life, and from which he is not to emerge till the expiration of his sentence. In many of the prisons of the country, perhaps in most, the rules and regulations, so far as they relate to convicts, are printed on large cards and hung up in the cells, and also, not unfrequently, on the walls of the workshops. In addition to this, or as a sub- stitute for it, where the usage just referred to does not prevail, it UNITED STATES AND CANADA. 141 is the custom in many of the prisons to furnish each prisoner with a printed copy of the rules. In nil cases where prisoners cannot read, the regulations are explained to them on entering. In none of the prisons visited by the undersigned out of New York and within the limits of the United States, except Massachu- setts and New Hampshire, is it either prescribed by the rules, or the settled practice, that the chaplains converse with the prison- ers on their entering the prison. Even in the prisons named, tliere is no rule to this effect; but it is stated to be the uniform practice of the chaplains to hold a conversation with each convict either before ho is set to Avork, or as soon thereafter as possible. In New York we have three state prisons. The chaplain at Sing Sins is not in the habit of conversing with convicts on their re- ception into the prison, and assigns as a reason the impossibility of doing so on account of the number coming there. The Rev. Mr. Canfield, chaplain of Clinton prison, is accustomed to hold a special interview with each convict as soon after his entrance as possible. One object of these interviews is to make the prisoners acquainted with the rules and regulations of the prison, more par- ticularly those relating to his own department, that they may know how to avail themselves of the privileges of the library, cor- respondence. Sabbath school, and evening lessons in their cells. Another is to learn something of their previous history, to study their character, and, on the knowledge thus gained, to found such exhortations as may seem suited to each. A third object is to give them the assurance that, if they ever desire advice or assistance during their incarceration, he is their friend, to whom they may feel free to come at any time, to seek the counsel or aid, of which they may stand in need. The chaplain of Auburn prison. Rev. Mr. Ives, says that he makes it a point, ivhenever he can, to con- verse with convicts when they first come into the prison; that he first seeks to convince them that it will be to their advantage to obey all prison rules; that he next tries to impress upon them that their time in prison need not be wholly lost, but may be turned to account in making both intellectual and moral improve- ment; and that, finally, he endeavors to encourage them with the assurance that, though disgraced, they are not utterly lost, that they are not so fallen as not to have friends to hold out to them a helping hand, if only they try to do well, and especially that Jesus is ready to forgive and save the vilest sinners, if, like the prodigal son, they come to him confessing and forsaking their sin. 142 PRISONS AND REFORMATORIES OF THE Both from our porsoiml obaorvations and from reailing the answers to our questions, wo have hcen impressed with the idea that, when the criminal first enters his prison-house, too little care and pains, as u general thing, are ^akcn to give his mind a riglit direction. Then, if ever, it seems to us this important Avork is to be done. Ho enters disgraced, disheartened, disconsolate. Here is tlie golden opportunity to appeal to his feelings, his judgtnent, his sense of responsibility, his manhood. He may uow easily be converted into a demon, if ho is not one already, by abuse, harsh- ness, injustice, unkindness and oppression. But if on the other hand, the officers, being really his friends as well as his keepers, tell him so and labor to nuike him sensible of this fact, if they seek to convince him that they feel for him in his situation, sym- pathize with him, besire his well being, and would induce him to turn that into a blessing which he looks upon as the greatest of curses, they will readily win his contidence. That gained, an im- portant conquest has been achieved. It will then become com- paratively easy to inspire iiim with a determination to reform his life and become a better man. Let them, from the first moment he enters the prison, point out to him the path of rectitude, as well by example as by precept. Let them couvince him that they feel with and for him. Let them assure him that, while it is made their duty, as the officers of tlie law, to keep him confined in prison, no law forbids their giving him their sympathy and labor- ing for his good. Let them show him that they do sympathize with him, while they urg(r upon him the importance of cheerful- ness and hope, and especially of forming the noble resolution that he will reform his life, and turn from the error and folly of his ways. Impressions like theae, made upon the convict at the very begimiing of his prison life, could not fail to exert a benign and salutary ett'ect; they would be a long step towards hi- reformation. Due effort, we are convinced, is not generally made in this di- rection. More is done, in this way, in the Charlestown prison than in any other that came within the range of our observations. There, Jis we learn from Mr. Haynes' paper in response to our interrogatories, the prisoners arc kept from one to twenty days in solitary confinement, before they are put to labor. Prior to their being placed at work, they are instructed by the deputy warden in regard to the rules. Every necessary ex[)lanation is mildly, carefully, n \d understandingly made to them; after which, they are taken to the work shop, and commence labor. In the course UNITED STATES AND CANADA. 143 of a diiy or two, the convict is sent Tor hy the AViirtleii, who hns a full and friendly talk with him. He imiuire.s into his past history, interrogates him as to his parents, home and family: ounsels him as to his future course^ assures him of good and kind ircatmentso long as he shall deserve it; and endeavors to cheer u\) his spirits and inspire him with coinage and hope. This interview randy ends without hringing tears into the eyes of the most hardened, iuid leading to the formation of resolutions which have a strong influence upon their future lives. The chaplain also takes an early opportunity of conversing with prisoners after their entrance, in which he seeks to impress on their minds the same ideas, with such other suggestions as ho thinks necessary. In our opinion, it would be well to place it tuiiong the stated duties of prison chaplains and make it a matter of tixed regulation, that they should hold interviews of this kind with prisoners as early as possible after their committal. In Vermont, convicts are kept one day in solitary conlincment previously to being put to Avork ; in Massachusetts, as already stated, from one to twenty days. In all the other prisons visited by us, those who are able to labor arc set to work at once, except in Wisconsin ; and tiie same rule holds there also ; unless the judge, in his sentence, makes solitary imprisonment for a certain period obligatory. Whether such imprlsoiunent is often made a part of the sentence, and if so, to what length of tinu it may be made to extend, wo are not informed, and of covnsc caniot inform our readers. The progress of prison reform, the advance of sound principles of prison discipline, within a hundred years, and especially within the last half of that period, has been as gratifying, as it is remark- able. The horrors, cruelties, and manifold abominations of English and continental prisons, prior to the time of John Howard, are al- most past lielief. It would almost seem as if the terrific personifi- cation of punishment in the Hindoo code had become a living re- ality there : " Punishment is the mspircr of teukou ; with a black aspect and a red eye, it terrifies the guilty." Of course, it does not lie within the province of the present paper to enter into any detail upon this subject. It is enough to say that no sentiment of humanity towards the prisoner seems ever to have entered the breast of his jailor, no look or tone of kindness ever to have sa- luted his senses, or cheered the misery of his incarceration. Mer- ciless scourgings, ponderous irons of cruel tightness, thumbscrews, 144 PRISONS AND REFORMATORIES OF THE midcrgroniul diingoonH, iiiul chuinings to iloatl boilies wore nmong tho puniMhincnts iiiHictod for tin iiifnictioii of prittoii rulos. It wiih with rofercncji to thcHo iil)iiso>4 and their early assailants, particn- larly Gen. Oglethorpe, tho ilhintrioiis founder of the colony of Georgia, that, in bringing out a new omen who liuvo either had little experience as prison oiKcers or possess hut slight aptitude for tho duties of their posi- tion. One says that kindness is employed in his prison as far as it will serve, evidently meaning that it goes but a little way; another, that it is used us far us practicable, with, doubtless, a like reserve; u third, that it has very little effect upon prisoners. But this is far from being tho voice of the majority of respond- ents. The key-note is struck by the throe from whose replies we offer the following extracts: Mr. Huynes, of Massachusetts, with that brevity and directness which characterize his utterances, says: "Kindness is the princi- pal means of discipline employed here; and it is used in every consistent way. It is believed that this renders the prisoners more confiding and obedient, and that it is better adapted than a more strictly coercive discipline to promote their reformation. I have never known an instance where I thought that a man would be made better by the infliction of blows; nor have I ever yet, as I think, met the person, however low and degraded, however hardened and steeped In crime, who had not a spot in his heart that could be touched by kindness." Mr. Cordier, of Wisconsin, says: "Every convict in this prison is treated like a human being, and not as an outcast from societ}'. Wc never allow any oflScer to speak to him harshly, or to allude in any manner, however remote, to the crime of which he stands convicted. No prisoner is punished for his first offence against the prison rules, unless it is a very grave one; he receives, instead, an earnest but kind warning not to repeat it. Punishment is never inflicted, till it has been explained to the offender that his own good, as well as that of the institution, requires it; and corporal punishment is, in no case, inflicted. We never let prisoners suffer for want of comfortable clothes, or of good, wholesome food. We take good care of them when sick. We encourage them, at every opportunity, to cultivate their mental, moral and physical powers, and to make a solemn pledge to ent^r society again as better men. ' [Assem. No. 35.] 10 I M 146 PBISONS AND REFORMATORIES OP THE We find that kindness, thus employed, always has the most salu- tary eft'ect." Mr. Miller, late waiden of the Missouri state penitentiarj'^, remarks: "Kindness is the great central idea in a true theory of prison discipline; kindness in tone, look, and utterance, as opposed to a coarse, rude, and stern manner of treatment. It was upon this theorj-^that I endeavored to administer the government of the prison. A failure to impress on the prisoner the conviction that you have an interest in and sympathy for him has always an unfa- vorable effect. Kindness is a means of discipline which I have always found effective. If really felt in the heart and constantly maintained in the administration, it will, in the end, subdue the most hardened, and reclaim those who have been found incor- rigible by any and all other agencies. In many instances, where different kinds of punishment had failed to make any lasting impression on the subject, I have known kindness to work a thor- ough revolution in the man. Indeed, its effect is never lost." It has often occurred to us, in reflecting on this subject, that we might take a lesson, both pertinent and valuable, from God's moral government. We are a world of malefactors. The posi- tion we occupy is that of a criminal revolt against our rightful Lord. And what is the object, what the method, of his adminis- tration? liefojvnofwn through kindness. Punishment, then, with reformation for its end and kindness as the means, is an old rela- tion, which comes down to us under the sanction of an authority that none may question. When the first great crime was com- mitted, the punishment awarded to the criminal was one which included in it the idea of reformation. Man was driven from Eden, but the very sentence that announced his punishment opened to him the hope of a second paradise, more glorious than the one he had lost. The method of the recovery is expressed, with a beautiful terseness, by the prophet Jeremiah, in the third verse of his thirty-first chapter: " With loving-kindness have I drawn thee." This loving-kindness of God is that cord of a man, that bauu of love, with which he draws us to virtue and to heaven. Our recovery is to be effected through the influence of a demon- stration of good will in the gift and mission of his Son. The problem was to win back man's love and obedience. Kindness was God's device to achieve this miracle. In no other way, it would seem, could a responding affection be awakened in the heart of mau. Authority could not command, nor terror charm it into UNITED STATES AND CANADA. 147 existence. The human heart remains shut, as with the force of a vice, against all applications of strength or intimidation. But God, Avho knew what was in man, since he gave him the nature which he possesses, knew that in his dark and guilty bosom there was one hold which he still had upon him. He knew that to reach his heart, all leprous as it was, he must just lavish upon him the treasures of his kindness. Here, it seems to us, we h-ive a divine pattern, which, in our humble measure, we are to imitate in our treatment of criminals. The convicts in our prisons are not beyond the influence of the same principle which the Divine Governor, in the reach of his infinite wisdom, has employed with such stupendous results in his moral administration of our fallen world. Howard, the world- renowned philanthropist, as the fruit of his wide observation, came to this conclusion. He tells us that convicts are not ungov- ernable; that there is a way of managing even the most desperate among them; and that that way is, without in the least relaxing the steadiness of a calm and resolute discipline, to treat them with tenderness and humanity. Such was the conviction of this sagacious observer after years of intercourse Avith criminals of all classes. It would appear, then, that genuine kindness is a principle which keeps a lingering hold of our nature, even in the last and lowest degrees of human wicko:lness. In offenders, the most hardened and inveterate, there still remains one soft part which will yield to the demonstrations of tenderness and love. This one ingredi- ent, at least, of a better character — susceptibility to kindness — is found to survive the destruction of all the others. However fallen a man may be from the moralities which once adorned him, what- ever abyss of crime he may have reached in his descent, the man- ifestation of good Avill, of heartfelt kindness, on the part of his fellow man, carries with it a softening, purifying, redeeming influ- ence. There lies in cuch demonstrations a recuperative and restorative power, which no degree of depravity can dtterly de- stroy; and through the skillful application of this power, the very worst of men can be converted into consentinj!: and williuj; acrents of their own reformation. The good effect of kindness upon prisoners is well illustrated in the following lines, Intely addressed by a convict incarcerated in Sing Sing prison, to Mr. Gaylord B, Hubbell. Mr. H. Avas a few years ago at the head of that prison, and it i^ avoU knoAvii i> « f iif 148 PRISONS AND REFOBMATOBIES OF THE that he impressed upon its administration a stamp of extraordi- nary humanity and gentleness, without, however, abating a par- ticle of its vigor and efficiency. There was one practice adopted by him quite peculiar, and wonderfully effective as an instrument of government. He appropriated one hour each day exclusively to receiving the calls of such convicts as had any care, grief, or burden, in reference to which they desired counsel or redress. There is an allusion to these interviews in the subjoined lines. One of us has often been present on the occasions when the con- victs thus confided their sorrows to their chief, and sought his interposition ; and the patience with which he listened to their tales, the wisdom he showed in resolving their several cases, and the child-like confidence and submission with which they received his decisons were beautiful to see. THE CONVICT'S FRIEND. To tie Hon. G. B, Hvbbell,/ortntrly Agent and Warden of Sing Sing Prison, BY A CONVICT. The Conviet's Friend! the Convict's Friend! The people mattered "shame"! That one so good should oondesoend To bear so vile a name. He heeded not their idle words. Felt not their harmless stings; His master was the Lord of Lord8> He served the King of Kings. And when the jealous world oomplained. Or oared not to commend. He onlj smiled, and still remained The friendless Convict's Friend. i Till angels from above shall deign To come at mercy's calls, We ne'er shall see his like again Within these prison walls. ' With firm but gentle hand he ourbed Our wild and wayward wills. And calmed the storm that once disturbed Mount Pleasant's* peaceful hills. He would not break our stubborn hearts; ^ He only sought to bend By gentle means and kindly arts, . And be the Convict's Friend. His Christian spirit sympathized As only Christians oun; And in each oonviot recogniied A fallen brother man. v And we t . him could always go. As to a father dear, * Sing Sing was formerly called Mount Pleastott. UNITED STATES AND CANADA. 149 t 7 r ). }. 1- is ir id jd And ponr oar Ules of grief amd woe In his attentive ear ; And none who sought him failed to And mental, moral dearth> He saw, with sense more just and niee« The aoeidents of birth, A thousand hidden things, on wbioh Our very lives depend ; And justiee, love and mercy teach The honest Convict's Friend. He would not grind us down for pelf ' In this aecursed den ; He rather chose to wrong himself ■s • Than wrong his fellow man. - , ,■ And if for true or fancied wrong We sought and claimed redress. He listened patiently and long 1 And answered "noj" or "yes." But with his judgments, just and kind, We dared not to contend ; We recognised a master mind Within the Convict's Friend. — The hate by other men inspired - Was turned to Icve by him, And his great kindness never tired. While they were harsh and grim. And when he made his last good-bye, To come again no more, Oh ! there were many weeping eyes That never wept before. No more upon his gentle will Our hopes and fears depend ; We miss him here, but he is still The Convict's cherished Friend. M: Huhhell rcill 'please accept this humble token of a ronvict's gratitude and affection. November, 1866. Although kindness as a principle of discipline is, as we have seen, to a considerable extent, adopted in theory and applied in the practical administration of our prison*, yet it lacks the steadi* ness and efficiency, which would be imparted by comprehensive and judicious organization; in other words, by a well devised 150 PRISONS AND REFORMATORIES OF THE system of rewards iis an cncourageinent to good conduct. On this .subject an intelligent and trusted convict, in a large and ini))ort- ant prison, said: "As n^itters stand, and as I have seen them during my four years' sojourn here, I have come to the conclusion that whatever convict conducts himself ill will be punished, and that he who is reformed, proving this by his conduct, will iu)t, or but slightly, be rewarded." Doubtless, there is much (shall we say too nnich?) truth in the hwt part of this statement. It ap- pears to us a matter of great importance, that there should be given to the convict, while expiating his crime, that stimulus to exertion which actuates men in common life. All hope cf reward being taken away, who among us would bo willing to toil? The case of the prisoner, witii no prospect of reward, is like that of the man in society who has lost hope. lie becomes torpid, indif- ferent, reckless, lint set the hope of peivsonal benefit before him, and give him a fair chance of securing it, and you have placed in his view an object wli: Ii, while it elevates hi^ aims, will, at the same time, rouse his ;unbi(i()n and stimiiiiite his ellbrts. We are sorr}' tobe obliged to state the conviction that there is not a prison in the United States or (Canada, where anything lik#'awell considered and comprehensive scheme luis been introduced, witlia viewof inspiring the convicts with hope and stinuilatingllieiii thereby to industry and good conduct. And we are still more sorry t<» be obliged to add that many, oven of those who nmst be esteemed our best prison othcers, ajtpear to have but a low ai)prposed to any ays- h'»i oi' rewards to <'onvi«'ts.'' A third: •It is doubtful \v)j*-lher a more extensive^ .*\i>"tem of I'ewards eould l>e introdnct'd into '»ur prisons with advanitage.'' A foui"tb ■ 'The <'Xi)e(lieney of extend- ing the system of rewiirfU in (>»ur prisons is regarded as doul)tfni. " A fiftl) : " It it* douliteiii Fd»*^i*ei" rewi*rds to convictH would bt beneficiail." M«)st of the jfij'Mtlemen. wl^ose oj>i«ions are given in these ex- tracts, are wairdens of in»ix)rtant ^rmmti, aud some of them have deservedly a«-.rison otiicers. In giving expression to tit*- judgiUHnts cited. tli*y have assuredly laid them- selves open to the ehargt of u degree of inconsistency; since, jw^ith but 'hich uiuiks had a money value in the prison, and served for the purchase of fooil, clothes, and other comforts and indulgences during their incarceration (for the prisoners were obliged in this way to pay for everthing they had); and the surplus of marks, after defraying all their prison ex})(Mises, went, according to the theory, towards their liberation; but the Captain was never able, either at Norfolk Island or Birmingham jail, to induce the authorities to alloAV him to carry his plan to that length. The system, therefore, cramped and restricted as it was in its operation, never had a full and fair trial. Nevertheless, despite the )iarrow range to which it was confined and the limited power given to the marks, it accom- plished wonders. The penal colony on Norfolk Island contained a. 152 PRISONS AND REFORMATOBIES OF THE the scum and scrapings of all the other colonics, the most depraved and brutalized of all England's transported convicts. Yet at the end of his four years' administration, he could declare with truth: " I found the Island a turbulent, brutal hell; I left it a peaceful, well-ordered community. The most complete security alike of person and property prevailed. Officers, women and children traversed the Island everywhere without fear; and huts, gardens, stock-yards, and growing crops, many of them, as of fruit, most tempting, were scattered in every corner without molestation." He expresses the opinion that "there was more manly purpose and a higher quAlity of moral agency in any six of liis better men on Norfolk Island than in all the exclusively coercive prisons that were ever invented." This testimony is abundantly « :.•. .ued by disinterested witnesses, one of whom, the author of Recollections of Sixteen Years in Australia," says: "Captain >'l |w >>"»ners >yero reasoned with, not bullied; they were sought to be raised, not crushed; above all, they had an interest, vital and profound, in their own good conduct. In other words, they were softened, subdued, and tt formed through a comprehensive and judicious system of rewards, by which the principle of hope was kept in conatant and active play within their breasts. In the i'uiv of examples and results like these, how cold, dry, hard, and utterly jejune do such expressi(»ns as the following from the presiding officers of our jirisonw aj>pear: "We are op- posed to any system <4 rewards" — it is doubtful wlicther any rewards to convicts wo«J«i be ben€fi<^ial " — " the principle of re- ward)" should not be fjarried too far'* — "the expediency of ex- teii good conduct," How far or in what ways is not stated, it is not probable tha' the detail would be very extensive. The warden of the Wisconsin state prison says: "We grant to the deserving little favors which are denied to the undeserving." The late warden of the Missouri state penitentiary remarks: "Kewards UNITED STATES AND CANADA. 163 hre in use here, such as extra privileges; for example, the privi- lege of having access to the yard on Sundays and after working hours arc over in the evenings, and the privilege of more fre- quent correspondence with their friends. The effect of such indul- gences has been found most excellent. The convicts appreciate highly these recognitions of their worthiness, and manifest the most grateful feelings; and when it is understood that all who earn the privileges named are entitled to them and will certainly be permitted to enjoy them, it proves a wonderful incentive to good conduct." In Vermont, the chaplain reports that well- conducted prisoners have certain special privileges accorded to them in the way of writing, reading, &c. ; but gives no specifications. The above statement exhausts the detail, as far as known to us — certainly a most meagre exhibit — of the rewards held out to convicts in American prisons as an encouragement and incentive to good conduct, beyond what is to be immediately noticed. In nine of the states of our Union — Connecticut, Illinois, Indi- ann, Maine, Massachusetts, Michigan, New York, Ohio, and Wis- consin — an excellent foundation for an effective system of rewards has been laid in the passage of acts, under the general title of commutation laws, the design of which is to encourage and stim- ulate prisoners to industry, obedience, and general good conduct, by allowing them to earn thereby a certain diminution of their terms of sentence. By these acts, as a general rule, convicts, by uniform good conduct, can earn a diminution of five days per month; but in New York, from the fourth to the tenth year of imprisonment, they can earn seven and a half days per month, and thenceforward ten days, so that a convict sentenced for ten years can shorten his tenn of imprisonment by two years and one month; a fraction over one-fifth of the whole term; and one sen- tenced for twenty years can shorten it by five years and five months, rathei- more than one-fourth of the entirf^ period. The principle of this law we regard as founded in reason and justice, and the policy established by it as wise and beneficent. The effect of this policy is to change, in some respects, the aspect and condition of prison life. In keeping before prisoners a per- manent and ever present incentive to good conduct, it foi'tifies the resolutions of many a feeble mind, and counteracts, in others, the tendency to feelings of despondency, recklessness, and revenge, which their situation is apt to engender, and in which many of them are prone to indulge. In encouraging them to perform [S« 164 PRISONS AND REFORM'ATOBIES OF THE their work cheerfully, it has, so far, the good eflfect of converting coerced into voluntary labor; while, as a moans of discipline, ap- pealing to the better feelings of all in Avhoni snch feelings still have a place, and substituting rewards instead of punishments, moral instead of merij brute force, and hope in the place of fear, its operation cannjt be otherwise than healthful and bracing to their moral nature. A hnv of which all this can be said with truth, and we bolive it can bo so said of the one now under con- sideration, needfe no further vindication. But further vindication, and that in abundance, is at hand, in the fruits which it has borne. Tested by its actual operation and effect, it is found to be a most salutary law. Mr. Haynes testifies: •'The effect of thi» law in the Mussachusetts state prison has been good. I think it vhe most important step in prison discii)line that ha.s been taken in this country in the last forty years." The war- den of the Wisconsin state prison says: "I consider the commu- tation laAv a more powerful agency to promote good conduct among convicts than anything else that could have been devised for that end." The warden of the Ohio state prison says of it : " No law ever pjissed by tlic Legislature has been so marked in its influence for good since Ohio has been a state, as that which enables pi-isoners to earn the remission of part of their sentence by good conduct. It works, admirably, and Inis done much towards keeping up the discipline of the institution." The authorities of the Connecticut state prison attest the excellence of this law in the following terms : "The law authorizing a deduction from the sen- tences of convicts for good behavior has been attended with ])ene- ficial results. It has been received with gratitude by almost every inmate of the prison. The discipline of the prison was never bet- ter, and it has been maintained with less punishment than former- ly ; a i-esult owing, in a great measure, to the commutation law. More tlian oijrhty per cent, of the pris(mers in 18().5 had a perfect record of <:ood conduit throujjhout the vear." The late warden of the Mi(»higan stat< jtrison, Mr. Scaton, bears this testimony to the good effects of the l'\w : " Very desirable results have followed from making a prisoner's continement, to a certain de;^r(H', depend for its duration upon himself. The lnten>iie anxiety which all con- victs munifesi in relation to their 'good tinu-.' and tbe earnestnes-i which they exhibit to save storation to all the rights of citizenship forfeited by bis conviction, which certificate is to be taken as evidence of the fact in all courts of record and elsewhere. The pro\jsion in the act of Wisconsin is the same, except as to the mode of certi- fying the fact of restoration. It is in these Avords: " Any con- vict TV iio, at the expiration of the term of his sentence, shall obtain a certificate from the deputy commissioner, that, during his term of confinement, su(h convict has fisaiutained a good character for obedience, industry, and i?:loa:n}} , e'uch certificate, countersigned by the commissioner, shall restce such convict to citizenship." We have ci.ed the opinions of a number of wardens against the policy of extending the system of rewards in our prisons. A considerable number, on the contrary, declare, in general terms, that there can be no objection to such extension, but might be some advantage in it. Still, it is quite evident that their hearts are not in the matter, and that they have given rather an unthink- ing than a well considered assent to the proposition. Only tAvo seem to be cordial and earnest, and at the same time intelligent, in their approval and advocacy of the plan. Mr. H. Cordier says: "A system of rewards in convict prisons, whi«h should be most judicious in its principles and its methods of applying them, would be the least objectionable and the most effective. As long as our convicts are merely white slaves, work- ing for their masters without compensation, they must be excused for not having much confidence in the sincerity of their law- UNITED STATES AND CANADA. 157 givers. Although they have, to a certain extent, forfeited their liberty, yet. they Hhould not, for that reason, be prevented from performing the duty, even when imprisoned, of providing in some mciiHurc, for the wants of their families. I have seen much, very nmch misery in the families of convicts. While the father works faithfully from morning till night, his children are cold and hungry, and the wife and mother is too often dragged down into vice and dissipation; and so the punishment of one criminal makcR another. This ought not so to be. Something cfTectuul should bo done to correct this evil. I would, therefore, recommend that a correct account of the earnings of each convict, during his im- prisonment, 1)0 kept, and that a portion — say twenty to twenty- iive per cent. — be placed to his credit for the benetit of ! V /A Photographic Sciences Corporation 23 WIST MAIN STRICT WCBSTiR.N.Y. U5S0 (716) •72-4503 <> ^^^' '"k^ ^ o^ 158 PRISONS AND REFORMATORIES OF THE hope of reward, of personal benefit, in one form or another, is the mainspring of all human effort, whether in regard to the interests of time or the destinies of eternity ; and they only are not influ- enced by such considerations, whose rational powers are so far obliterated that they are not accounted responsible to either divine or human law. The provision in a system of rewards for prisons, which I should place second in its power of beneficial influence, would be that which grants to the industrious aud well-behaved convict a certain share — be the same less or more — of his pecu- niary earnings; and the third, such special privileges and indul- gences as may, considering the end in view and their adaptation to promote it, be deemed wise and proper. Combine, in due pro- portion and under judicious limitations, these three elements — diminution of sentence, participation in earnings, and certain well- defined privileges — and you have inaugurated a system which will revolutionize both the theory and practice of prison discipline, and make prisons what they are sometimes claimed, and always ought, to be — moral hospitals, aiming at and, to an extent beyond what would now be credited, eflecting the cure of their inmates. "In administering the discipline of the Missouri state peniten- tiary (Mr. Miller proceeds to say), I discarded much of the old theory of prison discipline, and substituted in its place what I conceived to be the dictates of common sense, justice, and human- ity. The tendency of prison life, even under the most favorable circumstances, is to foster feelings of sadness and despondency, and to break down the mental and physical energies of the pris- oner. A short time suffices for this, if the harsh and unnatural system is adhered to, which imposes perfect and perpetual silence, forbids all social intercourse, and denies all recreation to the imprisoned. On entering the prison, the convict is clothed in a unifonn which serves to remind him, at every turn, of his degra- dation. He is marched to the workshop in the morning, where he labors in silence till noon; then to the mess-room, where he par- takes in silence of a coarse repast; then back to the workshop, where he continues his silent toil till night; and then to his prison-house, where he is locked up in a cheerless cell; to be called forth again in the morning to the same unvarying round of silent labor, silent marchings, and silent meals. There is no relaxation, no recreation, no variety in his occupations; and, in the long vista of the future, he sees nothing before him but the same intermin- able and oppressive monotony. Meanwhile, thoughts of home UNITED STATES AND CANADA. 159 and friends and family, and the sense of his own disgrace, come to worry and oppress him; and he finds no peace of mind by day or by night. He unconsciously lapses into a state of melancholj'', which he has neither the courage to resist nor the energy to over- come. In my administration of the prison, it was my constant aim to mitigate, as far as was consistent with good order and proper subordination, this terrible evil. To this end I permitted (to the dcseiTing) conversation and social intercourse to a certain extent, and allowed the use of magazines and even newspapers. 1 uniformly gave them the privilege of the yard on the fourth of July, Thanksgiving, and Christmas. To the well behaved and worthy, the same privilege was frequently extended on the Sab- bath day also, when the weather was such as to warrant it; and this in all seasons of the year. The Sabbath day they ever ob- seiTed in the most becoming manner, sitting quietly and convers- ing in subdued tones, without boisterousness or disorder of any kind. On the other occasions named — the public holidays — they amused themselves with theatrical performances, dinner parties, and a variety of athletic diversions. Not a solitary breach of de- corum, that I remember, ever occurred on these occasions, and I know the result was to make the men more contented and cheer- ful, as well as more industrious and obedient. They felt better, worked better, and behaved better in all respects. It was often remarked by intelligent strangers, who had visited prisons in other states, that the convicts in this prison were the most cheerful look- ing they had ever seen. And why was this ? Simply because they were treated like men; because they were taught to believe themselves men, and, as such, to cherish still a feeling of self- respect; because they were urged to regard themselves, despite their imprisonment as criminals, as a part of the great world, and to recognize the just demands of society upon them, not only while here, but after they should return to it. How far such teaching was successful may be inferred, in part, from the fact that they made, in their own time, fancy articles to the value of several hundred dollars, to be sold at a fair for the benefit of the poor of Jefferson city, and they made a like donation to a fair for the relief of sick and wounded soldiers in the Union armies. It may be inferred from an incident that occuiTed on a certain fourth of July, when the prisoners, while enjoying their holiday, as usual, in the prison yard, having learned from one of their number who had been at work outside the walls the case of a poor widow and 160 PRISONS AND BEFOBMATORIBS OF THE her children, who had found shelter in a shed near the prison, inamediately (leave having been first obtained) raised by contri- bution among themselves a considerable sum of money, and deputed one of the officers to deliver it to her in their name. It may be inferred from the fact that on many occasions they con- tributed small sums to enable fellow-prisoners, on their liberation, to reach their friends in distant states. It may be inferred still more strongly from the little history which I will immediately relate. On one occasion, five of the convicts were on the prison steamboat, being employed as firemen, engineer, and pilot. On the voyage the boat fell into the hands of bushwhackers, and the captain was killed. The convicts were offered arms and horses, if they would join the murderers. To a man they refused, remained at their posts, and brought back the boat, with the dead body of the murdered captain. Very properly, as I think, the governor rewarded their fidelity by pardoning the whole of them. I men- tion these things more to give an inside view of the prison and to vindicate my treatment of the prisoners, than from any desire to parade them before the public, although I think that it will do the public no harm to know them." In our opinion, the importance of a skillfully devised system of rewards in prisons can scarcely be over estimated. These should be, as far as possible; natural rather than artificial, — the legitimate fruit of good actions. So arranged, they will be found, in the great majority of cases, to have a salutary and powerful effect; and they would, in all likelihood, under a just administration, render punishments almost unnecessary. It is of great import- ance to maintain, as far as may be, a spirit of cheerfulness among the inmates of a prison. Little improvement, ment"^ '>r moral, can be looked for when a prisoner is in a dull and g \y state, and there is even danger that, in such a frame, aa will become more hardened and depraved. Much may, doubtless, be done towards promoting cheerfulness by furnishing prisoners with entertaining and useful books, by speaking to them in a friendly manner, and by general kind treatment. But all this falls short of what is necessary to the full realization of the end in view. Nothing will contribute so directly and strongly to the result aimed at as a judicious and natural system of rewards, wisely and faithfully administered. This will give to the prisoners, as nothing else will or can, the element of hope; and certainly unless a prisoner has hope for himself, no one can have hope for him. UNITED STATES AND CANADA. 161 We fully agree to the conclusion reached by the Committee of the British House of Commons on Prison Discipline in 1850, an- nounced in these words: " The Committee concurs with some of the most experienced witnesses they have examined, in the opinion that the majority of convicted prisoners are open to the same good motives and good impulses, which influence other human beings; and therefore that a system of encouragement to good conduct, and endeavors to inspire feelings of self-respect, self- reliance, and hopefulness for the future, which have been tried in some of our largest establishments, ouglht to be adopted as far as is practicable without impairing the penal and deterring char- acter essential to any system of imprisonment." Among the questions addressed by the undersigned to the superintendents of state prisons is the following: "Are any special privileges accorded to convicts on public holidays, and if so, what are they, and with what results have they bee«i attended?" In nearly all the prisons, the convicts have a better dinner than ordinary on the Fourth of July, Thanksgiving, and Christmas; and in some, even luxuries are provided, such as turkey, oysters, mince pies, cake, «fec. Beyond this, in the great majority, no special privileges are accorded on the occasion of public holi- days. In the three state prisons of New York, some little indulgence is granted on the Fourth in the way of hurrahing, singing, shouting to one another from cell to cell, and patriotic speech-making to invisible audiences. As to the effects: One warden says that he sees no bad results from this license; another, that his mind is not made up on that point; and the third, that the effect is good on the majority, but bad on others, in whose case an increased amount of punishment becomes necessary for some days. In addition to the license thus granted, in Clinton prison it is customary, on the 4th of July, to dress the chapel in green, to have the prisoners assembled there, and a patriotic address delivered to them. The same was done at Au- burn last year, and on each annual thanksgiving in that prison, the prisoners meet in the chapel, and the chaplain delivers an ad- dress to them. A license, similar to that accorded in New York, is granted to the convicts in the state prison of Northern Indiana on the 4th of July and Christmas, viz: to talk, sing, shout, &c. the effect is considered good on the whole. In the Maine state prison, on one occasion, the warden says, a turkey dinner was given to the prisoners in a hall together, and after dinner they wera [Assem. No. 35. j II ]62 PRISONS AND REFORMATORIES OF THE allowed an hour for converaation and amusement in the prison yard. The effect upon the men is stated by him to have been veiy good. Why an indulgence, attended with such beneficial re- sults, was not repeated, we are unable to say. There are but three state prisons in the United states, so far as we are informed, in which the ciuttom prevails of unifoimly granting special privi- leges on public holidays, viz: Michigan, Missouri, and Massachu- setts. Mr. Seaton, the late warden of the first named of these prisons, says that for the last teu years the convicts there have been allowed half a day on the 4th of July and Christmas, for holiday, with very beneficial results; so that Michigan appears to have led the way in this usage. Mr. S. does not state the nature of the amusements in which the prisoners indulge on these occa- sions, nor where the indulgence is granted, whether in the prison yard or in the cells. His statement would have been more satis- factory, had it included these particulars, as well as the general fact. Full information in regard to all matters connected with these holiday indulgences and amusements in the Missouri state penitentiary has already been given in an extract from a paper by the late warden of the penitentiary, Mr. Miller, inserted in a pre- vious paragraph. To the very interesting statement on that sub- ject, therein contained, the reader is referred; a repetition is not deemed necessary. But it is in Massachusetts that such holiday privileges have, of late, been most consistently employed. Here they have been re- duced to something like a system. Since 1863, on every public holiday, including even the national thanksgivings and fasts appoint- ed by the President of the United States during the late rebellion, Mr. Haynes has allowed to the convicts in the Charlestowu prison an hour and a half of unrestricted intercourse and recreation in the prison yard. Since this custom was first introduced, the pris- oners have enjoyed from fifteen to eighteen of these (to them) fes- tive occasions. On visiting the prison in our capacity of commis- sioners of the Prison Association, in order to aflbrd us an oppor- tunity of witnessing for ourselves the conduct and recreations of the convicts, when thus let loose to enjoy an hour of unrestricted freedom together, Mr. Haynes gave them an extra indulgence of this kind. The exhibition w{*s as gratifying as it was novel, and impressed itself indelibly upon our memory. Some five hundred convicted felons were turned out in the prison yard, with a score or two of unarmed prison officers present, less to guard than to UNITED STATES AND CANADA. 163 superintend them, during their season of recreation. The prison- ers, summoned from their workshops at five o'clock, P. M., came marching in their military step, each company under its own turn- key, and formed themselves in a hollow square, with the officers and visitors in the centre. After a brief address by the w^arden, the word was uttered, which gave back to them one short hour of liberty. That word was like an electric current let into their soulir. Joy swelled every bosom; gladness was depicted on every countenance. Their first movement was to rush, as it were, into each others arms, friend embracing friend, hand chisping hand in the strong grasp of manly affection, and tongues and lips, long un- used to speech, once again using their powers in accents of friend- ly greeting and mutual endearment. These recognitions were, in many cases, of men working in the same shop, and perhaps side by side, yet interdicted from all free intercourse (the furtive can- not be wholly prevented) by the law of perpetual silence, enjoined by the prison rules. After these greetings, apparently and no doubt really so warm and cordial, were over, the prisoners separa- ted into groups, — some quietly engaging in conversation, some walking back and forth, some playing football, quoits and other athletic games, and some " tripping the light fantastic toe •' to the sound of the violin ; but all brimfuU of quiet or hilarious enjoy- ment. We mingled freely with the convicts and conversed, per- haps, with scores of them during the hour ; praise of their kind and excellent warden being uppermost on all lips. No equal com- pany of gentlemen — we say it in the certainty of speaking within the strict limits of truth — could have behaved with more decorum and propriety than these (temporarily) liberated felons. On th«3 signal being given at six o'clock, with ready promptness the con- convicts formed themselves into the same hollow square from which they had been dismissed, and marched to their cells, receiv- ing their suppers by the way, made happy by the hour's enjoy- ment, so unexpectedly as well as kindly granted them. At the annual meeting of the American Association for the promotion of social science , held at New Haven, Conn., in October last, Mr. Haynes read a well written and most interesting paper on "Holi- days in Prisons," in which he gave a detailed account of the intro- duction of the system into the Charlestown prison, and sketched its history there down to that time. He claimed for it very great advantages to the convicts everyway, physical, mental and mural. 164 PRISONS AND REFORMATORIES OF TBI He averred that it had been attended with the most hnppy and encoiiruging results. Fewer punishments, greater cheerfuhicss, better health, diminished tendency to insanity, increased alacrity in labor, and a more careful observance of prison rules, particu- larly that which enjoins silence and non-intercourse, were among the good effects claimed for it. He insisted that it might be made an effective instrument of discipline, by limiting the enjoyment of the privilege to those who should have deserved it by their good conduct, just as a reduction of sentence must be so earned. Thus far, as we understand the matter, it has not been so employed, but is extended indiscriminately to the whole body of prisoners. We agree with Mr. Haynes in the opinion that such seasons of indul- gence and recreation might be utilized as a means of promoting order and obedience in prisons. But it is manifest that, to that end, they must be made much more frequent than they now arc ; that they mu.st recur at fixed and not very distant points of time ; and that they must be subjected to a complete code of rules and regulations, within whose wisely adjusted and well understood en- closures the whole system must be worked. Let these occasions of recreation and regulated intercourse occur weekly, and none be permitted to enjoy them but those who have fairly merited the indulgence by a conduct absolutely free from blameworthiness, and we believe that scarcely any agency could be devised more pow- erful both in its quickening and restraining influence upon the in- mates of our prisons. We understood Mr. Haynes to say that even the contractors in his prison were so impressed with the spirit and vigor it had infused into the labor of the men, that they had expressed a willingness to give up an hour each week for the pur- pose, adding the conviction that they would find their account in it. Mr. Haynes is therefore clearly the man to try the expeiimcut, and he is as clearly surrounded by the conditions for a fair trial. We have no doubt that the experiment in his hands would be at- tended with satisfactory results, and would bear precious fruit be- yond the limits of his own institution. The punishments employed in the prisons of the United States and Canada, in the enforcement of the rules of order, are various; most of which, but not all, are unobjectionable on the score of humanity. On this point, some detail will probable be acceptable to those of our readers who, whether law-makers or prison offi- cers, will be likely to take the deepest interest in the matters em- braced in this report. The punishmenti^ employed in Connecticut at- TTMITBD STATES AKD CANADA. 165 are the lash, dark cell and loss of commutation; in Indiana, the lash, shockleH, loss of time earned and privation of the privilege fit sending and receiving letters to and from friends; in Kentucky, the lash and dark cell; in Maine, the dark cell with bread and water, the lash never being used, though not prohibited by law; in Massachusetts, solitary confinement in dark cell, and substitu> tion of bread and water for the ordinary ration; in Michigan, the lash, dark cell with broad and water, and ball and chain; in Mis- souri, the lash, dark cell, and occasionally shaving the head on one side; in New Hampshire, solitary continement in dark cell, the lash never being used, though not forbidden by law; in Ohio, dark cell without bed and a diet of bread and water; in Pennsyl- vania, the withholding of rations, stoppage of correspondence, forfeiture of the use of the library or exercising yard, deprivation of the visits of the teacher, and shutting up in dark cell with a ration of bread and water once a day, without bedding other than a single blanket, and the addition of irons in cases of desperate refractoriness; in Rhode Island, solitary continement in the dun- geon; in Vermont, the dungeon, confinement in their own cells, iron jacket, ball and chain, stoppage of correspondence, privation of bed and particular kinds of food, and, in rare cases, the lash; in Wisconsin, solitary confinement in the convict's own cell or the dungeon, forfeiture of commutation, privation of food, light, books, papers, and correspondence with friends, — the lash, though not prohibited by law, being never used; in Canada, an extra amount of labor, privation of bed, a diet of bread and water, confinement in ordinary cell or dark cell, hampering with a chain, cropping the hair (a female punishment), the switch (used in punishing boys), and the "cat;" and in New York, the shower-bath, daii, cell, ball and chain, shaving the head, iron cap, bucking, and the yoke or crucifix. From the foregoing statement it appears that, of the states enumerated, six still employ the punishment of the lash in their state prisons; that Canada does the same; and that New York, discarding the lash, makes use of three other punishments, not elsewhere employed, viz: the shower bath, the crucifix, and buck- ing. Shaving the head, so common in former times, is still occa- sionally — we are glad to say not often — resorted to in the Mis- souri state penitentiary and in the Clinton and Sing Sing prisons of New York; in the latter, it is said, only in cases of revolt. This punishment is objectionable, not so much on the score of iuhu- 166 PRISONS AND REFORMATORIES OF THE manity, as because it wounds the self-respect of prisoners — de* grades thom in their own estimation. It is felt as an ignominy, and is intensely hated. Punishment by the crucifix and by buck- ing we regard as at once cruel and degrading, and would have them bonished from all prisons in aaecida saeculorum. The shower bath has been characterized as " a relic of barbarism, a connecting link between the outrages of the inquisition and the inhumanities of the slave-pen, a process of gradual strangulation by drowning, whoso existence is a blot upon the fair escutcheon of our state." Let it go with the others to the tomb of the Cnpu- lets. They are all imworthy of a christian people, unworthy of the civilization of the nineteenth century. But the most objec- tionable of the modes of punishment enumerated is, in our judg- ment, the lash; especially when it takes the form, as in the pro- vincial penitentiary of Canada, of that terrible instrument of tor- ture and degradation, the *' cat." This punishment, in the prison named, is, moreover, administered at a time, in a place, and under circumstances, which intensify our horror of it. It is inflicted in the mess-room, immediately after dinner, and in the presence of the whole body of convicts, the entire prison staff, and any strangers who may happen to be present. Could any condition, any set of circumstances, be contrived or imagined, more calcu- lated to produce feelings at once of degradation, anger, revenge, and especially of an obstinate and insane bravado? Not long before our visit — so we were informed — a very bad convict, for some offence of uimsual gravity, received one of the severest flagellations ever given in the prison. As the terrific instrument came down in successive blows, at each stroke tearing and mang- ling his flesh, he uttered no groan, moved no muscle, gave no token of suffering, but stood calm, erect, and proudly defiant. The prisoners watched the process Avith breathless interest, and when the last stroke had fallen, an involuntary and audible " bravo!" burst from the vast congregation of felons, in irrepres- sible admiration of what they looked upon as an instance of heroic fortitude. 'Can punishments like this produce any salutary effect? It is, indeed, possible to subdue a man, to break his spirit, to pro- duce prompt and unqualified submission, by flogging, but it is not possible to improve him morally by such a punishment. It ex- cites no healing emotions, and offers no motive adapted to amend the character, or calculated to deter permanently from the com- mission of crime. The lash, by a fixed law, opposes itself to the TJNITBD STATES AMD CANADA. 16T the operation of those moral and religious agencies, which experience has shown to be most efficacious in the recovery of the fallen and the redemption of the lost. In many conTicts, punishment by scourging excites an undying hate. It is an indig- nity oftcred to their manhood, which they can never overlook, never sink in oblivion. This fact receives confirmation and illus- tration from the remark once made by a convict to his chaplain, who was urging him to a better spirit. Said he: ** Sir, six years ago, I was flogged in this prison; I have the marks of the lash still on my body; when those marks wear out, I shall forget and forgive it." "We say, then, let the lash go, with the shower bath, the crucifix, the buck, and all other punishments that are either cruel or degrading, into utter and perpetual disuse as an instru- ment of discipline in our prisons. Are there superintendents of prisons who say, " How shall we govern our men without at least some of the sterner means of repression?" To such we would say, go to Massachusetts and learn. At Charlestown, you will see a prison under as thorough and efficient discipline as any on the American continent, a prison where the convicts do as much work as any equal number of men outside, with but one punishment, and that seldom resorted to, — simple confinement in a dark cell on a ration of bread and water. And what is the secret of a government so successful, with so little that is coercive in its dis- cipline? Just that the manhood of the convicts is respected; that, and nothing more. In Massachusetts, the lash has not been em- ployed for the last ten years. It is true that it is now prohibited by law; but its use was given up four years prior to the passage of the act forbidding it. There are four states besides Massachu- setts — Maine, New Hampshire, Ohio, and Rhode Island — in which no other punishment is employed than solitary confinement in a dark cell. In all these states, the discipline of the prisons is quite as eflective as it is in prisons where more severe and coercive mea- sures are employed. There are three states — Maine, New Hamp- shire and Wisconsin — in which the lash is never used, though no statute forbids it. The wardens of the several state prisons were interrogated as to the kinds of punishment which they found most effectual in subduing the refractory and securing the observance of the rules of order in their respective institutions. With two exceptions, they declare that the dark cell with a diet of bread and water is most efficacious as a means of discipline, especially when, as 168 PBISOirS ARD RirORMATOBIBS OF TBI is tho case in Wisconsin, this punishment oamos ivith it tho loss of fivo days of commutation, previously earned by good conduct, and of course lengthens to that extent the duration of their im- prisonment. This unanimity is as gratifying as it is remarkable, and, of itself, ought to be decisive against the use of the more sternly coercive measures. The two exceptious referred to are Mr. WiHurd, of the Connecticut state prison, and Mr. Wood, of the state prison of Northern Indiana. Mr. Willard suys: " Both these punishments [meaning the solitary cell and the lash, which are the only punishments used in his prison] are good, when properly used." Mr. Wood unhesitatingly and boldly affirms: *'Tho lash is the most effective punishment, when used with judg< ment and discretion." He adds (and we cite the words because we do not wish to do him the slightest injustice): "A man is never sentenced here to receive a specified number of lashes, but is only punished till he is conquered or promises amendment." We must put in our earnest caveat against the want of ventila- tion, which we found almost universal in the dark cells. This must be very prejudicial to the health of the persons confined in them, and can scarcely be regarded otherwise than as a cruel addition to their punishment. We put the question, *• What is the relative power of kindness and severity as instruments of discipline?" and wo regret that we are unable to report an equal unanimity in the responses on this point as on that treated of in the last paragraph. Still, those wardens who have most systematically and intelligently employed, and most confided in, the method of kindness, to tho exclusion, as far as possible, of that severity, bear ample and gratifying testimony in favor of the superior efficacy of the foniier over the latter method. Mr. Haynes, of Massachusetts, says: "Kindness is the principal means of discipline employed, and it is used in every consistent way. We think that the superior excellence of this method lies in this, that it renders the convicts more obedient, more confiding, more cheerful, more industrious, and more suscep- tible, every way, to reformatory influences, ^severity is thought to subdue and brutalize, but kindness to soften and reform." Mr. Seaton, of Michigan, testifies: "^With most convicts, kind- ness is by far the best discipline." Mr. Miller, of Missouri, says: "Kindness is more powerful by far, as a means of dis- cipline, than severity ; and its effects are more enduring. Justice, tempered with mercy, will break down the most stubborn nature. While an officer should manifest no pleasure in the jnmm itatis akd oanada. 160 infliction of punishment, he should not shrink from it when clearly necessary; yet he should over punish more " in sorrow than in anger;" and this should be so evident that the convict uould not fail to perceive and acknowledge it." Mr. Cordior, of Wisconsin, affirms: "Kindness as a means of discipline is more ufToctivo than severity, which is apt to harden prisoners and render them worse than before." In the state prison of Ohio the punishments arc reported, in general terms, as •' rather frequent ;" but neither in the communi- cation made to us by the warden nor in the annual reports of the institution is there any definite statement from which we learn the absolute number or the percentage of these inflictions. In refer- ence to all the other prisons in the United States, from which we have received answers to our questions, the statement is that pun- ishments are •• infrequent," or •• very infrequent." A few of the wardens give us more speciflo information. In Massachusetts, with about five hundred prisoners, •' there are, perhaps, four cases a week requiring punishment;" that is, four-fifths of one per cent weekly, or a fraction over three per cent monthly. The late war- den of the Missouri state penitentiary, under date of December, 18G4, says in his annual report: "From the date of my commis- sion as warden up to the date of my first report, a period of fif- teen months, punishment was inflicted in one hundred and forty- six cases. From the date of my first report up to this time, a period of two years, only one hundred and two offenses, consid- ered worthy of punishment, have been committed. This very gratifying decrease of bad conduct, or, more properly, increase of good conduct, cannot be attributed to any failure to punish ofienses against good order when they occur, but rather to the fact that the convicts have had time to study and understand the system of government brought to bear upon them, and have availed themselves of its advantages." The average number of convicts during these two years was about four hundred, which is a little more than one per cent a month of punishments. In the Wisconsin state prison the average number of convicts in 1865 was one hundred and ten, and the number of punishments nine- teen, just about one and a half per cent a month. It will be interesting to give the exact punishments awarded here, in the words of the commissioner, as showing the adaptation of each (so far as that could be) to the offense for which it was inflicted : •'Seven were punished, for various offenses, by being put into the dungeon; three were deprived of the use of the library for 170 PRISONS AND BEFOBHATORIBS OF THB injuring their books; two, of their lighta for soiling the cell; one, of his correspondence for writing on improper subjects; two, of their food for leaving bread in the cells; and four more, for other small offences." The minimum of punishment in the penitentiaries of the United States appears to be found in the state prison of Maine, where, with an average of nearly one hundred prisoners, the punishments are less than one per mouth; yet the discipline there, tliough mild and depending almost wholly on moral forces, is sufficiently effective; and the able bodied convicts do an amount of work equal to what would be done by the same number of men in the outside world, many of them earning for the state, as the warden informed us, fully two dollars a day. The number of punishments inflicted on the convicts in the provincial penitenti- ary, Canada, far exceeds, proportionally, the amount given in any of the prisons in the United States. The following are the sta- tistics on that head for 1865, in the male department of the prison: Forty-two were punished with the cat; six with ball and chain; three hundred and ninety-nine in dark cell; thirty-nine in solitary cells; forty-five by deprivation of bed; and one thousand three hundred and ninety-five by meals of bread and water, varying from one to ten. This would appear to give an aggregate of one thou- sand nine hundred and twenty-six punishments for the year. It would be an error, however, so to conceive or represent the matter. On this subject the warden says : " It may be well to explain that confinement to what is termed the dark cell is, gen- erally, for one or two nights, with three or four meals of bread and water, and is on the same report of breach of discipline as a uigrht or two without bed, and three or four meals of bread and water, as the case may be. I have thought it proper to make these explanations, otherwise these punishments would be con- sidered as being very numerous." Now, if we even deduct one- half the punishments by meals of bread and water on account of these duplicated cases, it will still leave one thousand two hundred and twenty -nine as the whole number of different punishments for the year. The average number of male convicts in 18 05 was about seven hundred; by combining these elements, we find that the punishments amounted to within a fraction of uftecn per cent monthly; that is to say, they were nearly five times as numerous, proportionally, as in Massachusetts, and more than fifteen per cent in excess of those in Maine. UNITED STATES AND CANADA. 171 There is no record of punishments kept in the state prisons of Kentucky or New Hampshire, a grave omission; in all the other prisons visited by us, according to the statements of the wardens, complete registers are kept on this head; except that in Michi- gan, we Avere informed, the minor punishments, as privation of bed, food, &c., are not made matter of record, but only those which are accounted severe, viz: by the lash, dark cell, and ball and chain. In nearly all the prisons visited by us, whether in the United States or Canada, punishments are most frequently inflicted on convicts for talking or otherwise communicating with each other. Insolence, insubordination, disobedience, quarreling, and attempts to escape, furnish not unfrequent occasions for the exercise of coercive discipline. Everywhere, in our visits, we sought to ascertain, first, whether punishments were observed to be more frequent in some shops than in others, and, secondly, whether, if so, any causes for the difference existed either in the occupations of the convicts, as being chiefly sedentary or otherwise, or in the physical condition of the shops, as to ventilation, &c.; and whether this increased proportion of punishment was due to a morbid state of the sys- tem and irritation produced by the aforementioned causes. That a greater proportional amount of punishment was, in point of fact, inflicted on the occupants of some shops than of others, was generally admitted; but that it was due to the causes suggested was quite as generally denied. Whether this denial was founded on an intelligent and careful observation of facts is, perhaps, open to some doubt. At any rate, the undersigned thought that, in some instances at least, they could themselves discover the existence of inherent and permanent causes of irritation in shops where the greater number of punishments occurred; as, for example, the hemp shop in the Kentucky penitentiary, in some departments of which the dust was so great and so incessant as seriously to impair the health of convicts working there. Still, with remarkable unanimity, the wardens traced the excess of punishments in some sliops over others to another and altogether moral cause, viz: the want of care and efficiency in the keepers or overseers of those shops. With one voice they unite in declaring that vigilance is vital to order; that it is the soul of discipline; that, in short, without it, all things would rush to confusion and anax'chy. And there can be no doubt that they are right in this view. The old 172 PRISONS AND RBF0BMAT0BIB8 OF THE maxim, vtgilantibus, non dormientibtts aervit lex, — "the law is the servant of the watchful, not of the slumbering," — is as true in respect to prison discipline, as it is of any other department of government. Convicts who know that the keeper's eye is ever on them seldom expose themselves to punishment. Sleepless vigilance on the part of officers is more effective than the utmost rigor of penal infliction. Watchfulness in the keeper begets self- watchfulness in the convict; and this especially, when it is com- bined with humanity, discretion, and manifest conscientiousness. j^U this is abundantly attested by what is taking place every day in our prisons. The degree of vigilance and tact in the keeper measures the relative amount of punishment inflicted on the men under him with almost as much certainty as the height of the mercury in the thermometer measures the temperature of the atmosphere. The testimony of the wardens is uniform to the fact that punish- ments are oftener inflicted on short-term men than on those who are in on long sentences. It is claimed by the superintendents of all the prisons visited, who returned answers to our questions, that, so far as they know, and certainly under their own administration, neither death nor per- manent injury has ever resulted from any punishments inflicted in their respective institutions. We are bound, and certainly not in- disposed, to take the word of these gentlemen in regard to their own administration ; but we have grave doubts whether the claim, which is doubtless true in their own case, can be made, with equal truth, to cover the entire history of the prisons over which they severally preside. Sure wo are that such a claim cannot be truly set up in the state of New York ; and we do not suppose that our state, even as regards the character and conduct of her prison o&- cers, is justly open to the charge of pre-eminent barbarity among her sister states. In the earlier history of the penitentiary system of the United States, it was a common practice to entrust to subordinate officers the power of administering punishment to convicts. It was claimed that punishment should follow instantaneously on the commission of any offence against prison rules, or otherwise the discipline could not be maintained with the necessary vigor ; and, therefore, that it wtis absolutely essential to clothe all officers, charged with the maintenance of order, with the power of punishing. We are happy to be able to state that, so far as we know, in all the pris- UNITED 8TATB8 AND CANADA. 178 6ns of the United States and Canada, with a single exception, this power has been taken away ^'om the under ofScors; the exception bei ng in the state penitentia y the convicts in that prison last summer, in which large numbers were implicated, and which was carried to tlic i)oint of an open and dimgerous revolt, that was prevented from uttuining complete success, and, was finally crushed, only by the cool and heroic bravery of the guards. Conununication, then, Ave must believe, takes place among con- victs continually, and, in most prisons, to a very great extent. The workshop, mess-room, chupel, hospital, water closet, yard, corri- diU'S, marchings, and even the cells themselves afford ample means for it. One officer declared that, if a keeper were placed over every five men, communication could not bo prevented. Another said that the result of an election was known all over the prison almost as speedily as it was outside. A third affirmed that any interesting item of news, introduced by a new comer, circulated with amazing rapidity among the prison population. A fouith told us that a certain keeper learned the news of the assassination of Prenideut Lincoln from the men belonging to the company of which he had the charge. In view of facts like these, and as the result of experiments made by him during his administration of the state penitentiary of Missouri, Mr. Miller does not hesitate to recommend a modifica- tion of the rule, which imposes absolute and perpetual silence upon convicts during their entire term of imprisonment. His language is: -'In the congregate plan, the rule of absolute silence caa [Asscm. No. 35.] 12 J78 PRI80K8 AND RIFOBIIATOBIEB OF THB aearcely be liternlly enforced. It can be evaded in many ways, but chiefly on the ground that one ask another to help or instruct him at his work. And the keeper is obliged to wink at violations of the rule, and take excuacs that he knows are untrue, or else upend his time in reporting cases. It is better, therefore, in my opinion, in all respects, to allow conversation to a limited extent, than to encourage a system of falsehood by taking false excuses. I have found no evil to result from granting this permission. In- deed, so highly is the privilege valued by all classes of convicts, that the better disposed and more influential among them co-ope- rate with the keepers in preventing the abuse of it." . For ourselves we have no hesitation in expressing our opposi- tion to the multiplication of mere artificial or conventional rules, whether in prisons or out of them. As in the great world, so in the little world comprised within the walls of a prison, every de- parture from the laws of nature must cause an increase of these artificial transgressions. The tendency of this state of things is to confound moral offenses with mere breaches of regulations, and to diminish the feeling both of self-condemnation and public opprobrium, which ought ever to attach to real turpitude. To punish a prisoner for speaking to his comrade in marching to meals, or for calling to him from his cell, in the same manner as for striking him or stealing from him, must tend to lessen his sense of the ill-desert of the crimes of assault and thefk. This is to draw no proper distinction between moral and conventional offenses. In most prisons, the number of these latter is nuilti- plied by minute regulations, and their importance greatly exag- gerated. In this way, the spirit of obedience is exhausted by the demand for Avhat most prisoners look upon as mere frivolities, and their conscience becomes seared through indulgence in petty transgression. The natural tendency of minute, and especially of unreasonable, regulations is to provoke the breach of them, and thus to morally injure their victims by familiarizing their minds with thoughts and acts of disobedience. •> \ Considerations like these, and others connected with the ques- tion whether a prisoji syBtem is not to be preferred which works with rather than against nature, have led thoughtful men in this and other countries to query whether the absolute prohibition of all intercourse between prisoners is, after all, the best plan, and whether a "more excellent way " may not be found. There can b« no doubt, at least we have none, thftt suQh unbroken silence UNITED STATES AND CANADA. 179 should be ext«'.K;d of convicts whenever they are shut up in their solitary cells. But we more than doubt the wisdom or utility of 8uch exaction at all other times. We are, indeed, clear in the conviction that, to a limited extent and under judicious restric- tions, conversation should be permitted among prisoners in certain stages of their imprisonment. We have already, in a former part of this report, expressed our approval of a period of separate imprisonment, to be made longer or shorter according to the conduct of the prisoner and the exi- gencies of his physical condition, as part of a comprehensive scheme of prison discipline. This should be gradually followed, according to circumstances, by regulated association; the amount of association increasing or diminishing according to the use .or abuse of the privilege, and as it should be found to be beneficial or otherwise. The first stage of a criminal's imprisonment should be severely penal. This highly punitive stage should by degrees melt into probation, and probation, again, into entire freedom, as gradually as possible. Sociability is one of the strongest of human instincts, and the social principles and relations are the great springs of improvemen^. It is by these that the heart is kindled, and Avarmth and energy imparted to the character. Man droops and pines in solitude, whether that solitude be created by a physi- cal or moral separation — by walls of granite or a wall of absolute and eternal silence. No sound excites him like the voice of his fellow-man. This imparts strength to dare, to do, and to suffer; and these three words express the sum of human duty. We have said that the free play of our social nature is the great spring of human improvement; and this, we think, is as true of man imprisoned, as of man in society; for imprisonment does not obliterate the human soul, nor in any way alter its prin- ciples and operations. If, then, sociability is a fountain of moral strength in civil life, it will be, under proper guards and restric- tions, equally a source of moral strength in prison life. When, therefore, prisoners are brought together, we are of the opinion that they should really associate as human beings, and not be doomed, as Mr. Hill has said, to eternal dumbness, with heads and eyes fixed like statues in the same direction. We are of the opinion that all attempts to carry out such a warfare upon nature must be productive of endless deception, and so far tend to cor. rupt and destroy what remains of virtue yet linger in the men and women who compose our prison populations. That this wot"^ 180 PBI80N8 AND R1F0RIIAT0RIE8 OF THB fare on nature gives rise to a vast amonnt of irritation, and is the principal source of pnnislimont in our prisons, is attested ))y the almost unanimous voice of our prison officers, as reported in a former paragraph. As the object of discipline in a prison, so far as relates to mere control, is, or ought to be, to curb only the bad passions and evil propensities, and not to destroy the social feel- ings or stifle impulses and desires in themselves innocent, wo are of the opinion that, when prisoners are brought into association, although neither idleness nor disorder of any kind should be al- lowed, they should be permitted to conduct themselves, in all respects, as a similar company of men outside would, engaged in the same occupation. But, it will be said, the intercourse of prisoners is corrupting; and this is now commonly regarded as an axiom, a selfovident proposition. But, in our judgment, the nature and circumstances of that intercourse must be considered, before we can pronounce categorically upon its tendency. Promiscuous intercourse of prisoners, such as it existed in all prisons prior to the introduc- tion of what is called the penitentiary system, and still exists in most county jails, is no doubt demoralizing to the last degree. But this corrupting power ol association may be counteracted; nay, such association may be converted into a means of improve- ment and reformation, by benig subjected to virtuous direction and control. The rule of absolute, uninterrupted, eternal silence, introduced contemporaneously with the penitentiary system, was doubtless a reaction of the promiscuous association to which we have referred, with its brood of drinking, smoking, gambling, swearing, stealing, cheating, lighting, obscenity, and ribald blas- phemy. But, as usually happens, the reaction went too far, and swung over to the other extreme. Has Mr. Haynes found the in- tercourse allowed on public holidays among his prisoners a source of mutual contamination? Did Mr. Miller And it so, though per- mitted to the deserving on Sabbath days as well as holidays? Both testily, as we have seen, positively and strongly, to an influ- ence the direct reverse of this; an influence healthful, purifying, invigorating, reformatory to a high degree. Mr. Hajrnes says that it has diminished punishments fifty per cent., and has been the source of numerous other benefits to the convicts. If he will grant this privilege of regulated intercourse weekly, instead of three or four times a year, and make it bona fide the reward of good conduct and industry, ho may possibly bring his punish- tNITED STATES AND CANADA. 181 ments down to zero, with a proportional amount of other ndvan- tiiges. The truth is, what we want is to gain the will, the con- sent, the cooperation of these men, not to mould them into so many pieces of machii"ry. But in order to do this, nature must be followed, not crushed; wooei!, not coerced. It is by persua- sion, not compulsion, that men are to be turned away from crime, and won back to virtue. They are best compelled hy a powerful and minutely arranged external apparatus; but they are best led without it. A man who has been tried on a criminal charge, convicted, sen- tenced, and shut up in a state prison, cannot but feel a degree of degradation. If he has any vestige of manhood remaining in him — and we believe there are few convicts who have not — this must of necessity be so. It is proper that the convict should feel the disgrace of his crime and his sentence. This is a part of his punishment, inflicted by heaven itself. But we agree with the inspectors of the Massachusetts state prison in the opinion, that beyond this there should bo no degradation, no disgrace inflicted on him, except what may be requisite to his safe custody, or as a punishment for the infraction of necessary rules. No wanton out- rage should be oflered to his manhood. As the reformatiou of convicts is, perhaps, the most difficult and certainly one of the most important of the problems, whose solution is demanded by the welfare of society, any means, however slight in itself, adapted to create and increase their feeling of self-respect, should be seized and turned to the best account. On entering their prison hoifse, they should be taught to feel that they havea character to redeem; a future of virtuous and useful industry to create. Deeply impressed with this view, and knowing how intensely many convicts dislike the prison uniform which they are obliged to wear, and how stubbornly their feelings, at least, rebel against it, we made special inquiry on this point, hoping to find that the parti-colored dress had been extensively discarded, or at least that there would be a general concurrence of sentiment among prison officers against its continuance. This hope was doomed to disap- pointment in both branches of it. The hated uniform, carrying with it a degrading badge and at war with that sentiment of self-respect adverted to as so important to create and preserve, is retained in all the prisons visited by us, except that of Massachusetts; and the majority of wardens express themselves as favoring its reten- tion. A few, however — and they are those who are most in ad- 182 PRISONS AND BIF0RMAT0RIB8 OF TBI vanoo of the times in thoir views of prison discipline — favor, wisely, as wo ttiink, the nbolishinent of the parti-colorcd uniform. Says Mr. Scaton, of Michigan : " The prison garb has not been abolished in this state, but, in my opinion, it should be discon- tinued. It has only a degrading tendency, and no advantages to counterbalance this evil effect." To the same effect is the lan< guago of Mr. Cordicr, of Wisconsin: "The prison dress has not been aholiHhod; it should bo discontinued. I do not know a single good reason for its retention." Mr. Miller, of Missouri, says: "The prison dress has not been abolished; but I am per- fectly satisfied that it might and should be. There is no advan- tage in any costume that has tho effect of constantly reminding the wearer of his disgruce." We have already stated that tho parti-colored dress has been discarded in Massachusetts. On this subject the inspectors, in their report of 1864, say: "In regard to the dress of the prison- ers, we have long thought that a reform might bo made. We are quite clear thot the law does not demand it, and that humanity forbids it. The parti-colorcd dress, heretofore worn, we have regarded as degrading, and calculated to drive the convict's man- hood from him; the very thing wo most want him to retain. And as this dress is not deemed necessary for his safe-keeping (the fact being that no absconding prisoner was ever detected by his dress), we have changed the parti-colored garb for one of uniform color. We believe that this change is an important improvement, and witl result in good to the discipline of tho prison, and in no way operate against tho public welfare." A year subsequent to tho date of tliis report, the warden, Mr. Haynes, expressed himself to us well pleased with the effect of the chuige, declaring that it had more than met the expectations of tho authorities. It had developed the manhood of tho convicts, inspired self-respect, soothed their feelings, promoted cheerfulness and industry, and elevated the whole tone of their character and bearing. The present outfit of a convict in the Massachusetts state prison is as follows: A new suit of clothes made of blue satinet, such as any workingman might wear; a pair of stout shoes, two shirts, two under- shirts, two pair of stockings, two pair of drawers, and a towel — all marked with his own name; so that he has a kind of property in his prison clothes, and, contrary to what happens in most prisons, always wears the same garments. This also has a tendency to VNtTlD 8TATIS AND OaNADA. 183 cultivate the selfrespect of th% convicts^ and so far becomes an agent in thotr refomtatiom The discontinuance of the particolored citthing is no novelty in other C( itrie0> howtavcr much it« «boli«htiicr>f is opposed by many of our Arcorican wardens^ tn aomi' of the En^'lisli and all the Scottish prisotis, the distinctive prix^on garb \\n» been discarded, In the prisons of jSiBOtlMid, the clothing is free from anytbing thai van serve to degrade their inmates in their ()\vii estimation, What is aimed lit is to give the prisoner that neat, durable, and cheap kind of diTSs which a thrifty worliing man or woman would bo likely to wear out of prison, and such as it is desirable that the prisoner himself should wear after his liberation. In the Scottish prisons, every convicted prisoner is supplied with u complete prison dvcan', and even untried prisoners who desire it arc, iu like manner, furnished with full suits of clothing. In point of fact, with rare exceptions, the untried prisoners wcnr the prison clothinj;. Thri-e is less opposition on the paii of prisoners generally to the lock-step than to the purti>colorod dress; yet some regard it with extreme disgust. We haver known convicts to be exceedingly irritated and annoyed by it. In the majority of state prisons, this- quHsi-military step is in use, and is regarded by the officers as a menus of keeping prisoners under more perfect control, and as an important help in enforcing discipline. In quite a number, how- ever, it is not employed. It is not in use in the provincial penitentiary of Canada, where the discipline is otherwise very strict; nor in the state prisons of Kentucky, Maine, Missouri, and Vermont. In these prisons, it is considered as of no conceivable benefit, and as tending only to irritate and disgust the prisoners. It is not used in any of the prisons of England.^ Certainly, it is fur less objectionable than the parti-colored garb; perhaps, as used in Massachusetts, where the prisoners march in divisions, at a full, easy step, with their hands hanging at their sides, it can hardly be regarded as objectionable at all. In most of the prisons, abundant provision is made for quelling a revolt or rebellion by the convicts, should an emergency of that kind arise. The guard-rooms are well supplied with arms of various descriptions,— ^rifles, carbines, &c., with bayonets attached; and the officers, but especially the guards, when on duty, go well armed. In some prisons, as that of Wisconsin, for example, an alarm is arranged, by which, in a case of this kind, the citizens may be summoned to the assistance of the prison authorities. The 184 PRISONS AND REFORM ATORIFS OF THE revolt iit Sing Sing prison, Inst ^mmer, was, as we have seen, speedily .sin)i)i<.ssecl hy the courage and sagacity of the guards. SECTION SIXTH. MoRiVL AND Religious Agencies. The importance of suitable and adequate provisions for the moral and religious instruction of prisoners, whether regard be had to public Avorship, Sunday school lessons, daily prayer and reading of the scriptures, or private visitation, can scarcely be exaggerated. If the design be to reform and restore them to virtue, religion is needed above everything, — religion, as in the life of the family; religion, in its unbroken integrity, and in all its living and saving energy. We have a profound conviction of the inctticacy of all measures for reformation, except such as are based on religion, impregnated with its spirit, and vivified by its power. In vain are all devices of repression, coercion, even of counsel, remonstrance and persuasion, if the heart and con- science, which are beyond all power of external restraint, are left untouched. Although we are persuaded that the religious element should, as a general thing, have a higher development and be made more prominent than it is at present in the administration of American prisons, yet very great progress has been made in this direction, both at home and abroad, and far more attention is given to the subject now than heretofore. We propose to introduce the present section with a brief sketch of what has been done, and of the pro- gress made, in this important department of prison discipline. Prior to the time of John Howard, thd physical condition of the inmates of English prisons was disgusting and horrible to the last degree; and their moral degradation, the coarseness and bru- tality of their minds, kept even pace with the disease and nn'sery of theii" bodies. Chapels and chaplains constituted no part of the penal est.il>lishments of the country. Some loose parson, on the verge of insolvency, was sometimes hired, at a cheap rate, for the office of ordinary. On a week day, he was ready to crack a bottle of gin or shuffle a pack of cards with his flock; on a Sunday, he nuunbled a service and sermon to them in a day room. His congrcgati(m was a thin one, for attendance was easily evaded. In cflect, of what use could the best religious teaching have been, as prisons were then constituted and conducted? Little more than a mere casting of pearls before swine. The drunkenness and UNITED STATES AND CANADA. 185 almost unbridled debauchery of the prisoners would have thwarted the labors of the most zealous chaplain. A prison was a hot-bed of sensuality, even at night time men and women being often huddled together in the same room. Latimer, in a sermon preached before Edward VI, lifted up his voice against the un- checked heathenism of the London prisons. " Oh, I would," (says he,) "ye would resort to prisons, a commendable thing in a christian realm. I would there were curates of prisons, that we might say, 'the curate of Newgate,' 'the curate of the Fleet;' and I would have them waged for their labor. It is holy-day work to visit the prisoners, for they be kept from sermons." In the reign of Elizabeth, Bernard Gilpin regularly visited all the jails that fell within the range of his missionary circuits in the northern counties, and preached to their inmates. The minis- ters who iKere ejected from their pulpits and imprisoned for their violation of the Act of Conformity, preached abundantly to the prisoners in the jails; among whom Joseph Alleine particularly distinguished himself by his zeal and success. It is almost always recorded in the lives of the humble worthies of England in the sixteenth and seventeenth centuries, that they visited those who Avcre '• sick and in prison." In accordance with these traditions of English piety, when the "Godly Club" was formed at Oxford, the Wesleys and its other members offered their first ministrations to the prisoners in the Castle. The good work, once begun, was not lightly abandoned. For some jcars, Whitfield, the Wesleys, and their most zealous followers prayed, preached, and distributed alms in all the jails, ])ridewells, and bedlams that came within their circuits; and it was only on compulsion that they at length gave up this part of their mission. In the storm and tempest of their unpopularity, the doors even of prisons and madhouses wei'e shut against them. It was then that John Wesley said: "We are forbid to go to Newgate for fear of making them wicked, and to Bedlam for fear of making them mad." From that time, he and his brother Charles discontinued their prison visitations. . . But one of the band wjis not to be deterred from these labors of love and mercy. Sarah Peters, a woman noted for the fervency of her prayers and charity, despite the jail-fever which was raging in the prison, taking her life in her hand, ministered, day after day, in the name of God, to all the poor wretches under sentence of death, until at length, when her work was done, she sickened iff-- 186 PlUSONfl AND &BFOKMAT0BIS8 OF THI and died. But her mantle fell upon, her spirit entered into, a warmhearted man, named Silas Told, by whom she had been accompanied in her visits to the jail. For 25 years, he devoted his energies to the spiritual welfare of condemned malefactors in every part of England. In the year 1773, the same in which Howard became high sheriff of Bedfordshire, and entered upon his great work of re* forming prisons, an act of Parliament was passed, authori^iing " the justices at their quartepscsaions to appoint chaplains to their jails," at a salary not exceeding fifty pounds per annum. "This," observes the Rev. Walter L. Clay, in his Prison Chaplain, a work to which we are indebted for the foregoing outline, " this was the first official recognition of the fact that prisoners are within the p.ale of salvation." But, happil}' for the honor of humanity and the progress of civilization, it was not the last. The English prisons of all grades arc now. well supplied with chaplains; men of piety, character iind worth; quite a number of whom have been di.'jtinguishcd t)y great and shining abilities. Inthefirat annual report of the Boston Prison Discipline Society, issued in 1826, there is au interesting survey of the then condition of moral and religious instruction in American prisons, from which we condense the following statement: In New Hampshire, at that time only $25 a year were appropria- ted to supply the state prison with the means of grace, despite the fact that the prison had been, for some years previously, making for the state a clear profit of $1,000 to $5,000. It is worthy of remark, however, that the warden, Moses C. Pilsbury, caused the Scriptures to be read to the convicts twice a day, and himself con- ducted the regular service of the Sabbath, when no clergyman could be obtained for the purpose. In Vermont, whose state prison had for five yeai's been almost self-supporting, only $100 were appropriated for religious instruction; the chapel had been turned into a weaver's shop; only an occasional service was held on the Sabbath; and there was no daily reading of the Scriptures. . In Massachusetts, where the state prison had, for the 2 preceding years, yielded a clear revenue, over all expenses, of $13,000, $200 a year only were devoted to the religious instruction of more than 300 convicts. There was only one short service on the Sabbath, and no daily reading of the Scriptures to the prisoners; nor did the chap- lain perform any official duty in the prison during the week. In Con- nocticut, thougha morelibcral provision, in proportion to the number VNITID STATES AKD OANADA. 187 of the convicts, was made for their religious instruction, the chaplain did not reside in or near the prison, and the moral influence exerted over the prisoners is said to have been far from what it should have been. In Ne>.' York, the duties of the chaplain of the state prison in the metropolitan city were devolved upon Eev. Mr. Stan* ford, a man more than seventy years of age, who was also, at the same time, chaplain of the penitentiary, the bridewell, the debtors^ jail, the city hospital, and the almS'house — four penal and two eleemosynary institutions, containing altogether from two thous* and to three thousand inmates. This venerable man was in the habit of preaching regularly at least ten sermons a week; but "what were they among so many?" Neither in New Jersey, Pennsylvania, Maryland nor Virginia, was any provision whatever made by the state for the moral and religious instruction of her convicted felons. In two of these states — New Jersey and Vir- ginia — month after month frequently pansed without a religiou» service of any kind; and in the other two, whatever religious instruction the prisoners received was given by benevolent indi- viduals or societies; was altogether gratuitous; and, as a matter of course, was scanty, irregular, and sometimes not of the most desi- rable character. Thus it appears that in 1826, as far as thisrcporjt gives informa- tion, there was not a resident chaplain in any state prison in the United States, and the religions instruction imparted was for the most part, reduced down to the merest modicum. Who can won- der that a penitentiary system, characterised by an omission so fundamental, a neglect of the means of success so signal and con-' spicuous, should have come, in the end, to disastrous and inglorious failure? Doubtless there were other elements in the system, tend- ing strongly in the same direction; bnt none more potent or fatal than this. This meluncholy exposition, in the report of 1826, of the want of moral and religious instruction in the prisons of the country seems to have produced a strong impression on the public mind, to have turned the thoughts of practical men more intently to the study of the subject, and to have led to efforts, more or less extensive, towards improvement. The report of the following year contained an expression of opinion in favor of the adoption of a more comprehensive and thorough system of moral, religious and intellectual instruction for prisoners than had hitherto pre- vailed, on the part of the following gentlemen: Dr. Rose, super- 188 PRISONS A.>D REFORMATORI^ OF THE intendcnt of the state prison of Maine; Moses C. Pilsbury, warden of the New Hampshire state prison; Mr. Lynds, superintendent of Sing Sing prison; Mr. Powers, keeper of Auburn prison; Mr. McLean, keeper of the state penitentiary of Ohio, and Mr. Par- sons, keeper of the Virginia penitentiary. Resident chaplains, through pecuniary aid furnished by the prison discipline society, were phiced at Auburn and Sing Sing, whose labors proved in a high degree acceptable both to officers and men, and very profitable to the latter. In Auburn, under the superintendence of the chaplain and through the co-operation of the students in the theological seminary, a Sabbath school was instituted for young convicts, the privilege of attendance upon which was embraced with avidity and thankfulness. To show how much this privi- lege was prized, the case of a convict is mentioned, who, being about to to be punished for some violation of prison rules, entreat- ed that any punishment might be inflicted on him other than that of removal from the Sunday school. To evince the excellent moral influence exerted upon the convicts through this agency, a state- ment is made of the case of a 3'oung Indian, naturally intelligent, but grossly ignorant, who, having asked leave of his keeper to speak to him, said that he had been a bad boy, would lie and steal, but had nr)w learned that such things were wicked, and he wanted to go to the warden, confess his faults, and promise that he would never disobey God any more. At Sing Sing, as well as at Auburn, the chaplain not only conducted public worship in the chapel on the Lord's day, but read the Scriptures and offered prayer every evening, so that the last words heard by the convicts before retiring to bed were words of religious instruction and ccmsolation. In the report of the same society for 1828, still further and very decided progress is shown in the right direction. In the Maine prison, a chapel was erected, and a weekly Sabbath service instituted ; but no Sunday or evening school was organized, and no morning or evening prayers, with reading of the Scriptures, introduced. Vermont doubled her annual appropriation, making it two hundred instead of one hundred dollars, for the purpose of supplying her prison at Windsor, with more constant and sys- tematic religious instruction. Massachusetts raised her appropria- tion to five hundrad dollars, with the view of procuring a chaplain who should devote his whole time to official duty within her state prison. In Connecticut, provision was made for regular public UNITED 8TATE8 AND CANADA. 189 service on the Sabbath, in addition to daily reading of the scrip* tures and prayer l>y the warden. In New Yorit, the legislature appropriated three hundred dollars towards the salary of the chaplain at Sing Sing; and the venerable Mr. Stanford, now almost an octogenarian, continued, as aforetime, his numerous appointments in the humane and penal institutions in the city of New York. In New Jersey, a large room was fitted up in the prison for a chapel, and the members of the Prison Discipline Society in the theological seminary at Princeton, by their committee, conducted religious worship every Sabbath during the year, with one or two excep- tions, always, at the same time, distributing tracts to the convicts, and visiting and conversing with them in their solitary cells. In the Walnut street prison, at Philadelphia, public worship was regularly kept up on the Sabbath, and a Bible class and Sunday school as regularly instructed, all by volunteer and unpaid labor- ers. In the Maryland penitentiary', the ministers of the Metho- dist Episcopal church sustained a religious service on the Lord's day, both among the male and female convicts, once a day in winter and twice in summer. In Ohio, the Synod of the Presby- terian church appointed and supported a preacher for the state prison at Columbus, the members of the Synod contributing per- sonally the necessary means to this end, as they had no fund upon which they could draw for such a purpose. So much was done in 1828, and certainly it was a great advance on previous efforts, to provide for and communicate religious instruction in the prisons of the United States. No further notice is taken of this subject in the reports of the society, till we come to that of 1833. From this report wo learn that in almost, if not quite, all the state prisons of the country, every cell was supplied with a copy of the whole Bible or the New Testament, most commonly the former. It had become almost as much a matter of course to see this book of books lying on the little shelf of the solitary cell, as to see the fastening of the door which secured the convict's person. The Bibles were, in nearly every case, provided by the state. The uniform testi- mony of the wardens was that they were much used by the con- victs, many of whom had learned to read in prison, and multitudes of inquiries were proposed to the chaplains concerning the mean- ing of the sacred page. In cases not a few, its pungent truths had proved like the tire and hammer, and what was begun to be 190 PRISONS AND BXFORMATOMBS Of THE read, pei'haps, with the design of finding matter for cavil, had penetrated the conscience, as a nail in a sure place. But the living teacher ia as necessary in a prison ns the inspired V olume. It is by the foolishness of preaching that it has pleased God to save them that believe. It is, therefore, pleasing to notice that resident chaplaincies had been established in Vermont, Massa- chusetts, Connecticut, New York, and the District of Columbia, and that in the prisons of most of the other states, chaplains were employed to conduct religious services on the Sabbath for the benefit of their inmates. And highly beneficial the labors of the chaplains were found to be ; and they were no less acceptable than useful. The prisoners generally conceived a strong affection fpr their chaplain, us their best friend and counsellor. Many — such is the testimony of the chief oflScers — were morally reformed through their faithful efforts : and some, there is reason to believe, truly and savingly converted. It may be proper, and the informa- tion will be interesting to some, to state, in this connection, that the first resident chaplain in this country, the Rev. Jared Curtis, ' was employed in the Auburn prison, N. Y. When that office was instituted in the state prison at Charlestown, Mass., Mr. Curtis received and accepted an invitation to become the incumbent. . From the report of this year, 1833, we further learn that in not less than ten state prisons, Sabbath schools had been organized, which were represented as flourishing and exceedingly useful. So successful, indeed, had this agency proved, and so much was it prized by inspectors, officers and prisoners, that a Sabbath school in a prison had come to be looked upon as an essential element in a good system of prison discipline. The number of teachers em- ployed in prison Sabbath schools wtis about one hundred, and the number of convicts receiving instruction, fifteen hundred. As to Auburn belongs the honor of having had the first resident chap- lain in the prisons of the United States, so the first prison Sab- bath school was organized in the state prison at that place. This was doubtless one of the good results of having had a resi- dent chaplain; for it is not likely that any person, other than one of tried wisdom and prudence, would have been permitted by the authorities to introduce into the prison a system of Sabbath sehool instruction; but the chaplain was able to do it, to the satis- faction of all concerned, without violating any of the prison rules, and to the great advantage of the institution in all respects. UMITBD STATES AND CANADA. 191 Morning and evening prayers in prisons were also first intro> duced at Auburn, by Mr. Curtis, while filling the ofBce of resident chaplain there; and this excellent custom of a daily service of prnycr was adopted in all the prisons to which full chaplains were appointed. The service was usually lield in the corridor of the prison, in front of the cells, after the prisoners were locked up for the night. The voice of prayer, falling on the car of the convict in his soli- tary cell, was the last sound of the human voice heard by him before closing his eyes in sleep; and what influence could have been more powerful to reclaim the wanderer, to beget genuine repentance in his soul, and to restore him to a better mind and a better life? The importance of having a resident chaplain is shown in the fact that this practice was introduced in but one prison where the services of such an oflScer were not enjoyed, — that at Wethers- fiekl. Conn., presided over by the Pilsburys — father and son in succession. The siibject of religion in prisons is again adverted to in the report of 1836. Copious extracts are given from the annual reports of the inspectors of the eastern penitentiary in Philadel- phia, the directors of the state penitentiary in Ohio, and the in- spectors of the provincial penitentiary in Canada. These gentle- men, in strong and forcible language, urge upon their respective Legislatures the great importance of appointing resident chaplains in their several prisons, and point out the many signal advantages to be expected from their labors. They allege that, as personal reformation, to be permanent, must be founded on religion, so no system of prison discipline can be efiectual, in which religious teaching does not form a prominent part; that the depravity and vice, found in every jail, has led to an impresssion, far too general, that most criminals are beyond the reach of reformation; that a fair trial of this question has been made in few, if any, prisons; that when the number of prisoners is considerable, the whole time and attention of a chaplain should be devoted to the duties of that oflSce; that, valuable as are the public services of religion, tboir effect on prisoners is, in general, but partial and unsatisfac- tory; that the labors of the chaplain should not, therefore, becon- linecl to the performance of social worship; that to this should be added personal instruction, in the retirement of the cell, or the conversi^tjon of the o^ce; that, to this end, the chaplain should be authorised, at his discretion, to take a prisoner aside and con- fer with biw in priyftte, at my time during the hours of labor, as 192 PRISONS AND REFORMATORIES OF THE we\l H8 lit the door of his cell, after the close of his dnily tusk; and, that, finally, to insure the undivided and cheerful application of his energies to the moral improvement of his charge, ho should receive a ualary liberal enough for the comfortable support of himself and family, without the necessity for '"course to other employment. These Avise and earnest pleadings had the desired effect. Full chaplaincies were established in the penitentiaries named, and were attended with the same happy results as their institution in other prisons. The progress of Sabbath schools in prisons, and their great utility and popularity among prisoners, are also noticed in the report of 1.836. The formation of such a school in the peniten- tiary of the District of Columbia is recorded, and its flourishing state and beneficial results are set forth in glowing terms. Its success had far exceeded expectation. At least, twenty-five pris- oners, among whom were some very unpromising subjects, had, during the two years of its existence, learned to read, and had acquired such a mastery of the art as to be able to peruse the Scriptures with comfort, and advantage. In this school, a new feature was introduced, that of employing the convicts themselves in the work of teaching their fellow-convicts; and the experiment appears to have been attended with entire success. The chaplain remarks : " I have been materially aided in the school by some of the prisoners, who have been selected by the warden as moni- tors. They seem to find a pleasure in imparting knowledge, and I believe they have been themselves materially benefited by the exercises. From all my observation, since I have had the honor to serve the institution, I am convinced that Sabbath school in- atl^uction in our penitentaries, may bo rendered one of the most efficient aids in the work of reformation." In all the other prison Sundaj' schools, large numbers of convicts were taught to read. in that of Auburn alone, four hundred had, in the course of ten years, gained a competent knowledge of this elementary, but im- portant science, who were totally ignorant of it when committed to the prison. We will not, however, pursue this history further; but will come at once to an exhibition of the present status of religious instruction in the prisons of the United States and Canada, as wc gathered it from our personal observations and from the docu- ments, manuscript and printed, which are mentioned in the intro- duction to this report. UNITED STAT£!S AND CANADA. 193 "VVo begin with Canada. Much attention is given to the reli- gions instruction of the convicts in the provincial pontitcntiary ut Kingston. The prison has two chaplains: a Roman catholic priest, to minister to the catholic population, and a protcstant pastor, to care for the spiritual interests of the protestant convicts. Wo did not have the good fortune to meet the former, though we heard u good report of his labors; the latter we saw and became well ac- quainted with; and it is but justice to say that he appeared to us eminently qualified for his position. Of his untiring industry and the vast amount of work done by him, we can speak only in terms of commendation. Mr. Mulkins has been, for some fifteen years, discharging the duties of protcstant chaplain in this prisoil. He holds, and we fully j'gree with him, that the great mission of peni- tentiaries is to imi)rove the mental and moral condition of their inmates, to implant in them the seeds and the love of virtue, to supply them wi h motives to a better life, and to animate them with higher, purer, and more godly hopes. And, truly, for the state to take these children of many races — these outcasts of many nations — these delinquents of many creeds; often diseased in body and always disordered in their moral powers; ignorant in all things, but especially ignorant of religion; vitiated, depraved, fallen and stained with guilt — and to seek, by wise and patient efforts, to overcome their ignorance, to repress their evil nature, to impart habits of industry, to instil right principles, and to sur- round them continually with agencies and influences adapted to make them wiser and better men; this is a purpose and a labor, whoso grandeur and nobility it would be difficult to exaggerate. An observation and experience, extending through fifteen years, have convinced Mr. Mulkins that this exalted design — the noblest that a state can entertain towards its fallen and offending children — may, in a great degree, be accomplished; but only as it is acknow- ledged to be the chief aim of imprisonment, and all other things are made subordinate and subservient to it. The convicts attend a daily service in the chapel, where a por- tion of scripture is read, confession of sin made, and prayer offered to God for his favor and blessing. Two public religious services are held on the Lord's day, and one in the middle of the week, immediately after dinner, at each of which a sermon is preached. At none of these services is there any singing, which, in our opinion ^ is a great defect, and much abridges their utility. Every protcst- ant prisoner is provided with a copy of the scriptures, and several [Assera. No. 35.J 13 101 PRISONS AND REFORMATORIES OF THE religious tracts aud ouc religious book are supplied to each, monthly. These are much read by the prisoners. Many have road the Bible through several times, others once, and some only portions of it. 8ome Imvo committed to memory, of course of their own free choice, entire books of tiui Bible, others whole chapters. Some can repeat many of the psalms; some the entire litany and most of the morning prayers; and scores have learned by heart the whole catechism. The convicts are also taught abort prayers, that they may ofter them up, night and morning, privately in their cells. There is no Sunday school. We think that one of the public services of the Sabbath might bo profitably replaced by such a school. Much attention is paid to the spiritual improvement of the con- vict women. They spend a part of each day in reading the Bible and religious books. They have religious worship twice a daj'. They attend the two religious services of the Sabbath, and once during the week are visited, exhorted and prayed with, by a vol- unteer female worker. No available means to reclaim and reform them seem neglected. In giving personal religious instruction to the convicts, Mr. Mulkins is indefatigable. Ho sends for each convict under his care once a month; talks with him privately; teaches him his catechism; inquires into his religious state; gives him advice suited to his case; exhorts and encourages him to reform, explains to him his special duties as a convict, and his general duties as a man; socks to remove irritation from his mind; studies the best mode of reaching his heart; and at the close of the interview makes a brief record of it in a book kept for the purpose. He also visits the sick to converse and pray with them, always weekly, often daily. We did not wonder, no one can wonder, at a remark made by him, that it is too much labor for one man. There is scarcely a convict, he says, who is not pleased with thes6 inter- views; and even those who may not be religiously improved by them, are yet softened in their temper, and made morally bolter. It has ever been the opinion of Mr. Mulkins (so he avers) that a congregation in prison should be managed, as far as possible, in the same way as any other; and that, as religious improvement is the end in view, its members should have the same means of grace as those enjoyed b}' other congregations. Hence, since the year 1860, he has regularly administered the communion to such pris- UNITED STATES AND CANADA. in oners as desirctl it, gave evidence of true penitence, and appeared properly prepared by religious knowledge and experience. A good idea may Im obtained of tlio nature and extent of the vliaplain's* duties, as well as of the orderly manner in M'hich ho discharges them, from the following enumeration of the record hooks kept by him: 1. A daily journal of all items of duty done; 2. A register, containing the personal history of each convict; 3. A record of monthly religious conversations with prisoners; 4. A oommunicants' book, in which are recorded the monthly conversa- tions with communicants and with others who desire to become such; 5. An index, in which are entered, in alphabetical order, the name and registered number of each protestant convict re- ceived, and of all removals as thej' occur; 6. A directory of the convict population, showing the cells in which each is kept, and all the changes of location which are made from time to time.; 7. A. hospital book, in which are entered the names of the sick and the visits made to them for religious conversation and prayer; 8. A register of the convict women, and of the monthly religious con- versations held with them; 9. A catalogue of the religious library; 10. A I'egister, in which is entered monthly, the name of any book which may have been given out to a convict, together with the fact of its return. From the above statement may be seen at a glance the great amount and variety of work done by this devoted and faithful man; work as beneficent in its effects as it must be exhausting in its performance. Upon the whole, the religious influence pervading this prison constitutes one of its most marked and pleasing characteristics. The undersigned have, also, noticed with pleasure the strongly religious tone running through the annual reports of the inspectors. These gentlemen hold the opinion, decidedly, that all measures for the reformation of criminals will prove unavail- ing, except such as arc based upon religion, and go hand in hand with it. They believe it to bo useless to multiply punishments and reformatory agencies, unless the heart is touched, and the conscience enlightened and invigorated. It is moral discipline, to which, above and before all other means, the inspectors direct their chief attention, and bend their most dilligent efforts. They gladly and cordially co-operate with the chaplains, and do all they vf)rthy, particularly among those who most need and are most likely to bo profited by such instruction. AVherever a prison has i resident chaplain, it is a uniform rule that he acts as superintendent; but in the femule prison at Sing Slug, that duty is performed by the matron. In most of the Sun- day-schools, the superintendent is aided by other officers of tho institutions, even in some instances by the wardens, Avbo act as teachers of classes, and generally also by volunteer laborers from outside. Without having exact data for tho statement, the best judgment we can form from facts within our knowledge is, that from 1,500 to 2,000 convicts in our various state penitentiaries are receiving instruction from some 200 teachers in the Sabbath- school. The unanimous testimony of the authorities is, that the prisoners, as a general thing, are much interested in the exercises of their school, and that not a few are making commendable pro- gress in religious knowledge. The following statement of tho Ilev. Joseph A. Caniield, chaplain and sujicrintendent of the Sun- day-school in Clinton prison, N. Y., may servo as a specimen. He .says : *' Convicts who attend the Sunday-school manifest a good degree of interest therein. After prayer and singing, I first examine the prisoners on two iieneral questions that have been given out tho previous sab' at i to be answered from the Bible [such as, What is the Bible testimony concerning stealing, profane swearing. Sabbath observance, repentance, faith, &c., &c.?] So much interest is taken in this exeiHjise that sometimes the whole time is taken up with scripture citations and discussions growing out of the questions proposed. After these questions are disposed of and the general exorcise is thus closed, the couvicts recite iu classes to their respective teachers, using for this purpose Dr. Clark's Questions on the Heroes of the Bible. I have no doubt, in fact I feel the strongest conviction, that tho school is highly beneficial to those who attend it. A growing knowledge of and interest in the scriptures is most evidently the result ; for proof of which I may state the fact that I not uufrequently receive calls from convicts during the week, who desire religious conversation, which desire has been excited by atteudance ou the Sabbath-school. I have known the interest of more than one coBvict in religious V 198 PRISONS AND REFORMATORIES OF THE m !l inquiries excited to such a degree that they have read through the whole of Dwight's Theology, an achievement not often, perhaps, accomplished by laymen outside of prison walls." In the state prison of Massachusetts, a daily religious service i^ held in the chapel immediately after breakfast, consisting of read- ing the scriptures, singing, prayer, and brief comments or exhorta- tions at the option of the chaplain. Similar services are held in the Connecticut state prison both morning and evening. In both these penitentiaries, the effect of this daily service of prayer and worship on the convicts was reported to us as tranquiliziug and quieting in a high degree ; the beneficial influence of it being felt throughout the entire day. We are sorry to be obliged to state that these are the only prisons visited by us, and, as far as we know, the only ones in the United States, in which there are regu- lar week, day services of a religious character. In all the state prisons which we visited in the United States, one public service is held on the Lord's day, at which a sermon is preached. In somg a second service is conducted for the benefit of the female prisoners, and a third for that of the sick in the hospital. On all occasions of this kind, the singing of hymns forms a part of the worship, and in this the convicts very generally unite. It happens, also, oftener than otherwise, that there is a regular prison choir composed of convicts, varying in number from a half dozen to sixteen, and a melodeon as well, which is usually played by a prisoner. There is a uniform testimony on the part of the prison chaplains to the softening, soothing, humanizing influence of sacred song on these fallen men and women. There can be no doubt that singing is a part of religious worship, which is eminently adapted to calm the passions and to awaken good feelings. It has been noticed that prisoners have often been deeply affected by it, owing doubtless to the fact that it has revived thoughts and emotions that had long been dormant. The Rev. Mr. England, formerly chaplain of the juvenile prison at Parkhurst, in the Isle of Wight, once remarked to Mr. F. Hill, that the first symptom of a boy's improvement was his beginning to join in the singing, which at that prison is said to be remarka- bly good. The Lord's supper is never administered in any of our state prisons, but baptism is, occasionally, in a few ; as in those of Ohio, Vermont, Wisconsin, and by the Rev. Mr. Luckey in Sing Sing, UNITED STATES AND CANADA. 199 while he oflBciated there as chaplain ; how this may bo under his successor, we are not informed. A convicts' prayer meeting was established by the Rev. John Luckey, chaplain, in the male prison at Sing Sing, in September, 1862. At first, it was held once a fortnight, but has since been changed to a weekly service. A similar meeting was also organ- ized in the female prison in 1862, which was attended weekly from the start. Both these meetings have continued to the pre- sent time, being held every Wednesday afternoon for one hour. In the female prison, all go who wish; but in that of the men, no convict can join the meeting as a member but by permission of the chaplain; nor can a member attend any particular meeting, unless he has completed his task for the day. One of your commission- ers has, upon several different occasions, attended these meetings. After his first attendance, he published, in a religious newspaper, under date of October 4, 1862, some accoimt of the service, from which Ave take the following extract: " The meeting last Monday, was the third of the kind ever held in the prison. So far, every- thing has gone on satisfactorily. I have rarely, if ever, attended a religious service more solemn, interesting or touching. Some thirty or more convicts gathered in the chapel, and spent an hour together in prayer and religious conference. The chaplain pre- sided, and took the general direction of the meeting; but the prayers and addresses were made by the prisoners. Considering the character and culture, or rather want of culture, of the jjersons offering them, they were quite remarkable. A portion of scrip- ture was read, and probably a half dozen short prayers were offered, and as many brief addresses made, interspersi-d with the singing of hymns. They were direct, simple, earnest, fervent. Some of them gave evidence of deep emotion. Several of the convicts who spoke mentioned that their attention had but recently been turned to the subject of personal religion. A marked pecu- liarity of the prayers was, that, in almost every instance, confes- sion was made in the first person singular. A convict Avho was unable to be present, sent in a request for the prayers of his fellow-prisoners; and the petitions offered for him were singularly fervent and importunate. It is impossible, of course, for man to read the heart; but the Avholo tone and spirit of the meeting were significant of sincerity in those who took part in it. Religion, the interests of the soul and of immortality, seemed to be a reality with them; seemed, indeed, for the time at least, to be everything. 200 PRISONS AND REFORMATORIES OP THE The hour spent in the convicts' prayer moethig, avus truly nn hour of most intense interest, and has left a record upon the memory that nothing can ever efface." The average attendance has greatly increased since the date of the above extract, and has often been as high as fifty or sixty. The chaplain sub- mitted the minutes of these meetings to our inspection. One of the entries is in, these words: "Only about one-third of those whom we have admitted to our prayer meetings are, in my opinion, thoroughly changed in heart. The remainder are seri- ously incliuedybj" the present. If they fall out by the way, which, under their peculiar disadvantages, would not surprise us, the present restraint, which this connection imposes, improves the dis- cipline, and is therefore a decided benefit." Another record is this : " The son of one of our ministers, who has been a great grief to his pious friends, was specially Avrought upon." A subsequent minute, referring to the same case, is in the following words : "Poor was most deeply affected with a sense of his sius. He is a son, the only son of a minister. May he soon find relief." At another time the chaplain makes this entry: "lam satisfied that, in the main, the object of those who attend this meeting is spiritual benefit. But, oh ! how frail and ignorant they are ! Consequently, we hope with much trembling." After the 25tli meeting, he says; "Neither on this or any former occasion was there an attempt made at private connuunicatlon. In fact, I never attended any social meetings more silent, orderly, and apparently devout than these convict prayer meetings have been." Many letters have been received from convicts, who had been members of the meeting, since their discharge — some addressed to the chap- lain, some to brother convicts, and others to the meeting itself. These U:tters were also placed in our hands for inspection. "We could wish that our limits would permit extracts. The spirit of penitence, humility, faith, prayer, resolution, and apparent sin- cerity, which l)reathes through these effusions of the heart, could then be seen by all. The present chaplain, lie v. J. B. Smith, informs us that the " convicts' prayer meeting," according to the testimony of prisoners who have known it from the start, is more largely attended than over before, and that there is more religious interest among the convicts than has heretofore been known. Subsequently to our visit, a convicts' prayer meeting was ,iIso established in the Massachusetts state prison by the llev. G. J. Carletou, chaplain; in reference to which, in his annual report, UNITED STATES AND CANADA. 201 under date of October 1, 1866, he hoi Is the following language: " For some time there Avere interesting prayer meetings among the convicts, which were carried on with much earnestness and zeal. Some outsiders, who occasionally were present, expressed not only much pleasure but astonishment at the manner in which the meu Avould pray, exhort and sing. Indeed, the prayey meetings here have been as ably sustained as the chaplain or any one else would tiiid outside the walls. Perhaps it may be deemed that this is stating the matter strongly, and too strongly. However, facts will prove the statement correct. Ministers who have been here will ,say that they have heard as appropriate exhortatious, intelligent remarks, fluent prayers, animated singing, &c., as in any other place. These meetings were held on the Lord's day morning at nine o'clock, and were highly prized by those who attended them; but they had to be given up, though with much regret, because the officers could not, with any convenience, be present to let them out from their cells to go to the chapel. The oflScers are so contined through the week, that it is hard to ask any extra duty of them on the Lord's day. It would not be fair to urge it, and I could not in conscience do so; and the thanks of the chaplain and the men who attended the prayer meeting are here expressed to them for the twenty-five mornings they did give their services. But why not have prayer meetings on a week day? I should be very glad to have them, and perhaps the day will come when such will be the case; though the contractors, of course, feel that the time of the men through the week is theirs, and whatever time is taken for a prayer meeting is so much time taken from them, and might be considered as lost. It is doubted, however, whether time taken for such a purpose would be altogether lost, even as fur as the contractors are concerned. Might not the good the men would receive more than compensate then.. Mighf it not be made manifest in greater diligence and thoroughness in tlieir work, and the more cheerful promptitude with which the work would be performed? Indeed, it would seem as if the chaplain should be privileged to have the men whenever he might want them for a prayer meeting or any other religious meeting, and that nothing should be allowed to stand in his way to prevent him from preach- ing and praying and laboring just as much as he pleases, to do them good." We quite concur in the view expressed in the closing sentences of the above extract, provided the chaplains are men of Ill I 202 PRISONS AND REFORMATORIES OF THE jiulgmont and discretion; and certainly none others should be ap- pointed, or if appointed, retained. . Tlicre appears to have been, many years ago, a convicts' prayer meeting in the state penitentiary of Ohio, but it has long sinco been given up. The present chaplain says: "I do not know with what results it* was attended." Beyond what is related above, mo know of no meetings of the kind organized, or of attempts to organize such, in any of the prisons of America. The results at Sing Sing and Charleston are certainly' such as to encourage eftbrfs in that direction,: but they should be prudently made, and only when there is a manifest call for such meetings on the part of the convicts themselves. With much uniformity, though not with entire unanimity, the officers attest the interest and pleasiu'c manifested by the convicts in the religious services which they are required to attend, and the beneficial results attending these services. "Their influence is good, very good," is the general testimony. Di". Campbell, how- ever, of the Western penitentiary, Pa., says of the convicts in that prison : "They listen more for the sake of a change than because they feel interested." Mr. Buckmaster, of the Illinois state peni- tentiary, declared, unequivocally, that he had never known any beneficial results from the labors of a chaplain there, and seemed to think such an officer quite a useless and impertinent appendage to a penal institution. The cha[)lain at Sing Sing prison, ,N. Y., holds a short service in the male hospital for the benefit of the sick every Sabbath morning, and occasionally in the female hospital; and both in Sing Sing and the other state prisons of New York, the sick and dying receive daily visits from their religious teachers, by Avhom thev are i)istructed, warned, encouraged, prayed with and consoled, according to the exigencies of their several cases. Like services are rendered to the same class, though possibly not in all cases with equal frequency, by most if not all of the resident chaplains in the prisons of the other states. These ministrations are, for the most part, exceedingly acceptable and often highly useful to the persons who are made the subjects of them. As a specimen of the manner in which this class of duties is performed and received, we offer the following extract from the last report of the Rev. Mr. Carleton: " In visiting, conversing and praying with the sick in the hospital, the chaplain has been much encouraged. He has enjoyed some very delightful seasons with those who were UNITED STATES AND CANADA. 203 drawing nigh unto the grave, and who went doAvn into the vallej- of the shadow of death fearing no evil, dying in the faith of the gospel, and going home to glory. One man, who had been con- Hiied for a long season with pulmonary disease, exhibited the most meek and uncomplaining spirit. Indeed, he was so patient, re- sio-ued and pleasant withal, that no one could be with hirn for any length of time without a feeling of affection and sympathy for him. He did not desire to stay in this world. He was not only willing to die, but desirous of departing to be with Christ. But a few hours before he breathed his last, he said to me, with much animation and emphasis, ' I don't want to stay here any longer. I'd much rather go. I want to see Jesus. Chaplain, if I could live many years, and have the riches and the honors and the pleasures of this world, I'd rather go now and be with Jesus.' And so he fell asleep without a struggle or a groan, trusting in Jesus, and I belive has gone to be with Jesus in one of those mansions of which He said there were many in His Father's house. When this man was dying, death did not look to him as the grim king of terrors (which some people speak of) to frighten, to alarm; but i-ather as a friend, to lead him from a world ot sorrow and sin to one of joy and holiness." As regards the disposition made of the bodies of deceased pri- soners, the general rule in all state prisons is to notify friends, whenever it is practicable, either of their death or its near approach; and the remains are always suneiulered to them for removal, if they desire it. Wlien not so reclaimed, they ai'e usually interred in a burying ground within the prison premises, though sometimes the place of sepulture is in some cemetery outside. All this is as it should be. But we are pained to report, and we cannot but regard it as a scandal to our civilization, that in ver^' many of the prisons visited by us, certainly not less than one-half, and probably more, no funeral service whatever is performed over the bodies of deceased convicts, but the burial of dogs is awarded to them. When a convict dies, and is to be buried in the prison of Massachusetts, the whole body of convicts are asseiubled in the chapel, and a regular funeral service is held, consisting of reading the scriptures, a suitable address and prayer. Wo believe the same is true in respect to the prisons of Maine, New Hampshire, Connecticut and Vermont, but we think noAvhere else. In Clinton prison. New York, there is a burial service, attended by all the men belonging to the gang or company to which the deceased was 204 PRISONS AND REFORMATORIES OF THE attached. The chaphiin reads a portion of scripture, makes a short address, offers an appropriate prayer, and attends tiie body to the grave. At Sing Sing, the chaplain conducts a burial service, which, however, is attended by only two guards and four convicts, with occasionally some of the other officers. At the public service of the following Sabbath, the fact of the death and the circum- stances attending it arc stated in the chapel, and the event is always made the occasion either of brief practical remarks or of a regular funeral sermon. These things are well as far as they go, but convicts are men, though fallen, and we are a christian peo- ple. Our conviction, therefore, is, that Ave should accord to them, when they die, the burial of other men, and that nothing short of this will meet the demand of a christian civilization. All their prison comrades should be assembled in the usual place of public religious worship, and instruction, warning and exhortation given them, suited to the occasion. In all our state prisons, a copy of the Bible is supplied to every prisoner who is willing to receive it. In a few instances it is refused; but even in such cases it not unfrequently happens that prisoners who at first refused, afterwards change their minds and jisk for Avhat they had previously declined. In most of the prisons, hymn books arc also furnished to all the inmates, and in very raan^-, prayer books to such as desire them. In the case of two or three prisons, the answers given to our interrogotary were, "few read the Bible with interest;" "it is not much read for good," and the like. As a general thing, however, the responses were of quite a different character. The common testimony is, that a large proportion of the prisoners — some say half, others more than half — read the scriptures with interest, attention ami profit. There are convicts who are reported as reading the Bible through once, twice, and even thrice a year; and some, who say they never read it before their conviction, have become, since their imprisonment, diligent students of it, nnd often ask questions, which evince an intelligent as well as interested perusal of its pages. We met with an exceedingly interesting case in Sing Sing. "We were present, when the chaplain, the venerable John Luckey, per- formed the rite of baptism upon six converted convicts. After the administration of the ordinance was over, he invited us to con- verse, individually, with the prisoners who had received it ; an opportunity which we gladly embraced, and we v/ere much grati- UNITED STATES AND CANADA. 205 ficd with the modest, intelligent, and, all things considered, satis- factory answers given by them to the questions put in reference to their religious experience. Religious tracts and papers are distri- l)utcd freely in most of om* state prisons; in some, more sparingly; and 111 a few, seldom if ever. 1 1 several of them, convicts who luive the means are permitted to tiiko a religious newspaper ; but this is an exception and not the rule. In a majority of the state prisons, the inmates read these publications Avith no little interest^ in some thej'^ are abused, and therefore withheld. Wherever this happens, the presumption is that there is a lack either of discipline or tact on the part of the authorities. Ill prisons which enjo}"^ the services of resident chaplains, a good deal of pastoral labor is done by the incumbents ; but this depart- ment of work docs not appear to be as thoroughly organized or as systematically performed in any of the state prisons of the United States, as it is in the provincial penitentiary of Canada. The chaplain of the New Hampshire prison spends three hours every Sunday in going from cell to cell, conversing with the pris- oners, and imparting such lessons and counsels as to him seem adapted to the case of each. Other chaplains spend two and others one hour each Lord's day in the same work. Some are in the habit of spending more or less time every day in this personal visitation. Our own chaplains made to the commissioiu rs the fol- lowing statements in regard to pastoral work done by them. Mr. Ives, of Auburn prison, said : "I visit prisoners in their cells a good deal on the Sabbath, to converse with them on religious sub- jects — on an average, I should think, about fifteen. I also see and converse with a number every day in my office, either on my sending for them or on their coming to me of their own accord. On these occasions it is quite usual to offer prayer with them. These labors are well received b}'' the convicts, who appear to be grateful for the sympathy and interest thus shown to them." Mr. Cantield, of Clinton prison, said : " On an avertage, I spend at least an hour and a half every Sabbath in visiting prisoners in their cells, seeing usually ten or upwards. I visit the hospital daily, conversing Avith the patients and occasionally offering prayer. The most .effective pastoral service, I think, is performed ia my casual meetings with the convicts in my office, when they call on me in connection with their correspondence, and in other parts of the prison premises." Mr. Smith, of Sing Sing prison, said : "I visit the sick in the male hospital every day, and in the i Ill ! • III 206 PRISONS AND REFORMATORIES OF THE feniulo hospital about onco a week ; but oftcner, if necessary. I converse with convicts on writing and library days, and I send for them to my office, from time to time, as there may be occasion. These labors are received with interest by the prisoners." AViiat is done by the chaplains in New York is done, substantially, by those in other states. Wo feel a special gratification in being able to report a unanimous testimony to the kindly, serious and grate- ful spirit in which the convicts meet their chaplains in the dis- charge of these pastoral offices. As affi)rding a specimen of this spirit, we cite the following statement of Mr. Cordier, commis- sioner of the Wisconsin state prison: "The chaplain visits and converses privjitely with the prisoners nearly every evening. These, visits are eagerly looked for.'^ We willingly and gladly bear testimony to the fact that, as a class, the chaplains of our American prisons are earnest, godly, devoted, and faithful men ; but avo are sorry to be compelled to add, that they are, in various ways, almost cverywlune, restricted and hampered in their work, so that they cannot labor with that freedom and efficiency which would be desirable. The restriction to which we refer arises chiefly from the operation of the contract sj^stem, and from a want of a due appreciation, on the part of prison authorities, of the supreme importance of their labors, as shown in the remark before cited, of Mr. Buckmaster, lessee of the Illinois state penitentiary, although that, we admit, is an extreme opinion, and we hope and believe, a unique one. We made inquiry whether it is customary for the chaplains of our state prisons to hold special conversations with the convicts of their resi)ective institutions on their admission and discharge. We regret our inabilitj'' to offer a satisfactory report on this point. Nowhere — not, as far as we are informed and believe, in a solitary prison in the United States — is this duty made obligatory on the chaplain ; and in very few is it ever performed ; or if ever, not with exactness and punctuality. We have already, in the section on discipline, stated the practice of the chaplains in our New York prisons. By the incuml)ents in New Hampshire, Massachusetts, and Ohio, the duty seems to be generally, if not invariably, per- formed ; elsewhere, neglect of the duty appears to be the rule, the doing of it the exception. The usage in Ohio is thus stated by Avarden Prentice, in his communication tons: "The chaplain visits new prisoners in their cells, on the first Sabbath after they are received. Ho also always, as opportunity oflers, converses UNITED STATES AND CANADA 207 )cciision. with prisoners immediately heforc their discharge. Sudi inter- views are had with a view, first, to ascertain the elfect of imprison- ment ; secondly, to learn to what extent new purposes have been formed ; and, thirdly, to counsel and encourage eiforts towards a better life." Impressed with the conviction that v ' able aid in the nioral and religious instruction of prisoners may bo obtained from judi- cious volunteer laborers, since, to the honor of humanity, numbers are willing to labor gratuitously .in this department of christian effort, we put this question to the authorities : "Are persons from outside ever admitted within the prison to make efforts for the moral fiud religious improvement of the prisoners ?" While grieved to ,siiy thiit from quite a number of prisons wc received a negative reply, we are, at the same time, happy to report that a goodly number answered affirmatively. Wc cite a few of these responses. Mr. Willard, of Connecticut, responds: "Persons from outside, desirous of improving the moral and religious condition of the prisoners, are permitted to hold public intercourse with them at times, but never private." Mr. Wood, of northern Indiana, says : "Pei'sons from outside are allowed to converse with the convicts oil moral and religious topics, if they make application to that effect and are deemed sufficiently discreet." Mr. Haynes, of Massa- chusetts, replies : "Volunteer laborers, desiring to make eftbrts for the moral and religious benefit of the prisoners, are admitted within the prison to teach in the Sunday school, to address the prisoners in the chapel, and to distribute tracts among them." Mr. Seaton, of Michigan, says : " Persons outside may, if they wish, come into the prison to converse with the convicts on religious subjects." Mr. Prentice, of Ohio, answers : " Sunday school teachers may visit their scholars, and tract distributors are admitted under such restrictions as the warden may impose." Mr. Cordier, of Wisconsin, says : " Christian people from outside are allowed to converse with the prisoners on religious subjects, and they make a liberal use of the privilege. They are placed under no other restriction than they would be in any church." In the eastern penitentiary, Pa., the members of the Philadelphia Prison Society labor abundantly and effectively for the moral and spiritual benefit of the inmates. In the state prisons of New York, persons of discreet judgment and otherwise properly qualified, find no difficultj-^ in gaining admission to labor in the way and to the end indicated. '> Hi* 'Ill 11 |! 1 li m 208 PRISONS AND REFORMATORIES OF TUB Persons who olijert lo siich iissistanco .should romombor tliut John IFowiird hinmi'lf, (ho jifrcutost, if not tho tirst, of prison rofornuM's, and tho oxooMont Mrs. Fry, of Knf^jhuid, woro voUnitfcr Avorkors. So wcro I^onis Dwight and Mi.ss Di.x of Anioric^a. And 8o, also, have boon niultitndos of other (>tHoient hiborers in both counM'ies, who hav(s worthily foUowed in tho footsteps of these ilbistrious indivichuds. There is a consi(U'ration in favor of admit- ting^ this species of scrviee in prisons, sn<;<>;ested by Mr. Fred('ri( Ic Ilill, in his work on Crime, which strikes us as of no little force. It is this: The feelinj]^ is (juito eonnnon with prisoners, that per- sons who, of their own ac^eord, come to visit them and to labor for their improvement, nnist have their interest at heart, and can- not 1)0 discharging a mere (hity for which they are pairs themselves. The phy- sician of tho eastern penitentiary of Pennsylvania, in his annual report some years ago, after dilating on the importance and utility of these volunteer labors in prisons, thus states his opinion as to the classes of persons proper to be admitted: "Heretofore, the persons permitted to visit the prisoners for tho purpose of moral instruction, &o., have been invariably conlined to the more edu- UNITED STATES AND CANADA. 209 nit(Ml classc'S. T hclicvfi (his to ho an error. Among thoso of our cili/.on.s Avho hiivc K'hm pretcuMions to intcllootiial culture, many will 1)0 found who poHsoss every (|uaiifieation uecexsury to render (heir inloroour.s(! with eonvietn hiffhiy l»«Mie(ieial. I would, there- lore, earnestly recommend (hat (ln'ir services he innneest of their species, of Ixttli sexes, feel)le as (liey may ap[)ear, are often of inestimahle value to them after (heir lilieration. This is shown hy the largo numl)er of oll'enders, who have hecome respee(al)lc an to the prisoners whom they call to see. Mr. Miller, of Missouri, says: "I have encouraged such attentions from their friends, and have seen tears flow freely at the reception of such home inid heart offerings." 218 PRISONS AND REFORMATORIES OF THE :! ijj {M As to the effect of these visits of friends on the convicts, one warden reports it as doubtful; another, as of no benefit; a third, as doing no harm; and a fourth as bad, making the prisoners sad, discontented, restless and moroio for a number of days. As a general thing, however, prison officers concur in the testimony that the influence of tiieso friendly visits is good and wholesome. Another moral agency in prisons, of no little potency, is con- stituted by the visits, more or less numerous, of the general pub- lic, most of which are prompted by an impulse of curiosity. In nearly or quite all the prisons of the United States, general visitors are admitted, daily, during business hours, and are con- ducted, with very few exceptions, over the entire iiremisos, including the workshops. No restrictions are imposed, other than that they be under the escort of an officer, and abstain from speaking to the convicts or delivering any article whatever into their hands; and they are, besides, quite commonly admonished not to indulge in laughter, loud conversation, or boisterous con- duct of any kind. With almost entire unanimity, though a few exceptions must be noted, prison officers declare the influence of this sj'stem of general visitation to be evil. Let Mr. Cordicr speak for them all. This intelligent, humane, and able governor says: " The influence upon convicts of admitting general visitors cannot be otherwise than injurious. This being gazed upon again and again, as criminals, tends to destroy all sense of shimie, if there be any left. It further tends to harden their feelings, and make them indift'erent to pu))lic opinion. These visits have, also, a very bad effect upon the discipline. It cannot be prevented that visitors speak loud enough to l)c heard by prisoners, and this draws their attention from their woik, subjecting them to admonition, and sometimes even to punishment. I consider the custom of making convicts a kind of public show, a nuisance and a disgrace, and one that should be abolished very speedily." To all which we respond with an emphatic and hmwiy f*mon, especi- ally as, in the great majority of American prisons, an entrance fee of twenty-five cents is charged, which gives the custom stilt more the air of a public exhibition, and makes the state a showman for a few paltry coppers. All this is derogatory to the dignity of government, and we have never seen the price of admission taken by prison authori- ties without a feeling, almost, of personal degradation, as being, in some sort, identified with the system. It pains us to add that UNITED STATES AND CANADA. 219 more than a moiety of these visitors — one warden says five-sixths, and quite generally the response is two-thirds — are women. Under the system of general admission, without any responsible authorization, it often happens — and, in the nature of things, can- not be otherwise — that improper characters are introduced, which, as a matter of course, intensifies the evil influence of the practice. In one instance it was reported to us, that a woman, on successive visits to the prison, at each of wiiich she had paid her quarter for the privilege of going in and through, adroitlj' dropped, in the right place and without discovery, piece by piece, for a certain convict acquaintance, a complete disguise, including false whis- kers and moustache, intended to facilitate his escape, which would, no doubt, have been thereby readily effected, had not a fortunate accident revealed the intent I)}' revealing the means of its accom- plishment. In this case, the collusive attempt, through facilities afforded by the system of indiscriminate visitation, to aid a con- vict in his escape, was detected and foiled; bu^ in how m.iny cases such attempts have succeeded remains unknown and unwritten. It would not be surprising if more money, in the aggregate, should have^l>een expended in efforts to recapture prisoners who have escaped in this way, than the entire amount of admission fees received in all the prisons of the land. A moral influence, of an exceedingl}' pernicious character, an influence which sets itself in dea lly antagonism to all efforts at personal reformation, and Avhic.i need not here be more specifically described, emanates from the presence of such a multitude of female visitors in our prisons. Numbers of Avardcns both spoke to us and wrote to us of this influence, in terms as emphatic as they Avere condenmatory. It is an important question in the piactical administration of a prison, whether or not its inmates are allowed to bring their cares, griefs, burdens and complaints to their chief for conference and counsel. The relation existing betAveen the head of a penal insti- tution and those incarcerated in it, considered in this view, consti- tutes of itself a moral agency, of high power a.id significance. We therefore instituted inquiries upon this point, the results of which we here briefly record. The answer to the main inquiry, given by every Avarden, Avas to the effect that convicts may bring their difliculties to him for solution and relief. The warden of the Con- necticut state prison gives audience to such cases onece every two weeks, and oftener if desired. The Avarden of the prison of North- ern Indiana hears complaints every cv^aing. Mr. Haynes, of the 220 PRISONS AND REFORMATORIES OF THE Mnssnchiisctts prison, iiifonnccl us that ho in h. the Imbit of pn.ssin<;j through nil tho workshops daily, thus giving to nil who tlosiro it an opportunity to speak to him and bring their troubles to his notice; or, if any so prefer, it is understood that they may conie to his office at any hour of the day. Tl)c convicts in tho Missouri penitcnliary may, at any time, see tho warden by askiiig permis- sion of the keeper in charge. Mr. Miller expresses his preference for this plan over that which permits their visits at stated hours^ because, as he conceives, only those who are urged by strong desire, and really have something to comraunici»te. will make an occasion of coming: whereas, on tho other plan, many would abtise tho privilege of coming without any substantial cause. Mr. Cor- dier is accustomed to visit tho cell room every evening after sup- per. As he passes along in front of the cells, any prisoner may speak to him on any subject he wishes. M'*. C. listens to their comi)laints, and disposes of them either immediately or on the fol- lowing day, always, however, giving his reasons for deciding as he does, and not otherwise — a course which almost invariably car- ries the judgment of the convict along with him. The testimony of all tho wardens, with absolute^ unanimity, attests the excellent results flowing from this practice. It wins tho confidence of the prisoners, attaches them to their chief, leads them to regard him as a friend, ever ready to shield and assist them, cheers many a sad heart, inspires tho timid with hope, im- parts courage to the despondent, and strengthens tho resolution of the feeble and vacillating.* • We have referred, in the last scotion, to Mr. G. B. Hubboll's prnotice in thia regnrd, when he waa at the head of the Sing Sing prison. Wo think it proper to make a m -c extended reference to that feature of his administration, by citing, in a note, the follow- ing extract from the annual report of the Prison Association for 1863 : " Mr. Ilnbbell, within a month from the time of entering upon his duties as agent and warden, established a rule in this prison, quite unknown elsewhere, as far as the committee arc informed, in this country or any other. It is that of setting apart, each day, the hour from three to four o'clock, p. M., for personal int&rviews with such convicts as may desire conversation with him. At that hoar, any prisoner who has any burden, care, grief or anxiety on bid mind, is at liberty to approach the chief officer of the institntion, for the purpose of con- fiding to him his trouble r.nd seeking from him such relief as it may be in his power and will to impart. On an average ba receives some ten or twelve such visits every day. Members of this committee have sat by his side repeatedly during the honr appropriated to these interviews, listening to the multifarious complaints and requests presented, and marking his manner of meeting them, and they have been deeply impressed with the genuine kindness, the warm sympathy, the quiet self-possossion, the calm wisdom, and the true christian courtesy displayed by this officer on these occasions. It was easy to see vbat the men confided implieitiy in his judgment, acquiesced cheerfully in bis decisions, And looked op to him and reverenced him as a father. It is naroely too mnch to say, that UNITBD STATES AND CANADA. 221 SECTION SEVENTH. Secular Instuuctiox. A person, passing through ii prison us n visitor on n certain occasion, was shocked at the profane speech of one of the convicts. " Wiiy Jo you not have hotter thoughts ?" he inquired. " Better thougijts !" was the forh)rn response, "where shall I get them?" In that startling question, coming to us from the dungeon, coming to us from a felon and an outcast, we have the whole philosophy of crime and reformation. "Better thoughts" are what society should have supplied to criminals before they became such, and so have prevented their fall. "Better thoughts," now that they have fallen and are suffering the punishment she has imposed for the breach of her l.iws, are what, by a double bond, she is required to supply them, to the end that, when released from the stern grasp of justice, they may "go and sin no more." This is what is proposed in the intellectual instruction of pri- soners, viz : to expel old thoughts from their minds, and to pro- vide them Avith new and better materials for meditation. Far more active as well as extended efforts should he made to this end than has heretofore been the case. It is vain to talk of ignorant, inert and corrupt minds profiting by their own unaided reflections. They will either sleep over these, or do worse. No, they ir.ust be assailed from without. They must be plied with an external intellectual apparatus, in the form of lessons, lectures, dicussions.. and books, by which the mind will be awakened, stinndatcd, and kept alive and alert; and by which, also, it will be stored with' "better thoughts" than the disgusting and corrupting images hitherto most familiar. By the mental stimulants here suggested, many a devil, as Captain Machonochie has expressed it, will be kept out, and, perhaps, some good angels be let in. It appears from Mr. Hill's treatise on Crime, that in the Scottish prisons, and we believe the same is now true of English prisons, every prisoner, whether male or female, Avho is sentenced to three months' continement or upwards, has an opportunity of learning that hour, between three and four, gorerns Sing Sing to-day. At any rate, it spreads over the place an atmosphere, soft, mild, purifying and elevating. Nor a.ro burdens and prayers the only things which it brings. Sometimes important information, disclosures vital to the interests of discipline, are brought to the chief by prisoners, who at that time find thoir way into his presence. Powerful is the hold which the influences emanating from this occasion give him upon the love and fidelity of the Sing Sing convicts, and they are not less bcneiiceut than they are strong. ' 1 ) ■ I « It 222 PRISONS AND REFORMATORIES OF THE roudiug and writing, and tVc(iuciitly arithmetic ulso ; and in many of these prisons, this privilege \h extended to alt who desire it. But in our American prisons, unfortunately, the opportunity for such mental improN'enient is much narrower. Indeed, the history of school instruction iu them is sliort and meagre. The first notice we find of any instruction of this kind being imparted to convicts, during their incarceration, is contained in a report made to the New York Scnati>, in 1822, by a connnittco on the criminal law, in which, speaking of the state prison in Green- wich, now a part of the city of New York, they sa}': "Schools are established in the prison." IJoyond this naked statement, no information is given. It is not likely that these schools amounted to much, as the committee immediately go on to say that the pri- son system had utterly failed as an ag<'ncy for reformation; and not only so, but that it operated, with alarming efficacy, to increase and extend the love of vice, and a knowledge of the arts and practices of criminally. The next mention made of anything like scholastic instruction in prisons is in the report of Judge Gershom Powers to the Legislature of New York on the Auburn prison, in 1827. In that paper Mr. Powers states that early in 1826 it was found, on inves- tigation, that fully one-eighth of the prisoners were either wholly unable to read, or could read only by spelling most of the words. Man;' more, it was ascertained, could not write, and wore other- wise grossly ignorant. This suggested at once the connection between ignorance and crime. The duty of enlightening by edu- cation these ignorant and degraded transgressors, of giving them "better thoughts," and so making th'un better men, pressed heavily upon his mind. To this end, a Sui.day-school was opened in May of that year, and fifty of the most 'gnorant, whose ages did not exceed twenty-five years, were plactd in it. In Novem- ber following, the number was increased to one hundred. The school met both morning and afternoon. The primary object appears to have been secular instruction, inc.uding writing and arithmetic as avcH as reading, r-ombined vitli which were lessons of a religious eli:ii'ii(-ter, iN'si^'i-ned Ui impress n[)()n theii' minds the svusa of moral ami spji j' ii;>l ohligation. Tiie [jrivilcu'c was embraced by the convicts wiili avidity and graiilude. Their application and industry were unremitting, and their progress in learning exceeded the most sanguine expectation. A report made by the superintendent in 1827 informs us that few could then be UNITED ETATES AND CANADA. 223 I'miiid ill tho 8chool, with the exception of those recently ndmittod, w ho eotfUl not rend the Bihie Avith n good degree of readiness and ihiciry. The use to which some at least of tho convicts put their new found ability may be seen in the answer of one of them to his tciiciier, who, having listened to his recitation of verses as long as ho thought the time would allow, inquired how much more he had to recite. His reply was: " I believe I can say thirty or folly chapters." When this convict entered the school, he could scarcely spell out a single verso. An interesting feature of the school, to which we shall have occasion again to refer, was that the pupils who were put at writing and arithinotie wore taught, a cliiiss in each branch, by convict teachers, who discharged the duty thus assigned them to the satisfaction of the authorities. Convicts Icaining to read were stimulated by the privilege held out to them of joining these classes, whenever they should have made sufficient proficiency. "We may mention, in passing, that in all the numerous Sabbath- schools noticed in the last section as having ''oen organized in at:*'^. prisons, teaching convicts to read was made a prime object; nnd before any provision of law had anywhere been made for giving secular instruction in prisons, not hundreds merely but thousands of prisoners hud been taught this useful art. In 1829, an act was passed by the Legislature of Kentucky, requiring the warden not only to procure, if possible, one sermon to be preached to the convicts on each Sabbath;" but also "to cause the convicts, who are unlearned in reading, Avriting and arithmetic, to be taught in one or other of these branches at least four hours every Sabbath day;" with a proviso annexed that the expenses should " not exceed $250 per annum." This was the first act ever passed in Kentucky, and, as far as we know, in any state of our union, providing means for the secular instruction of con- victs. The act Avas enforced, and instruction given agreeably to its terms, during Avhat remained of Mr. Joel Scott's wardenship, a period of five years. Mr. Scott informs us, in one of his reports, that tho prisoners were taken from their cells on Sabbath morning, ;uh1 wore. t'ii(l llirMiialiout the day, meal times ixcepted, in religious iiistiuclioii, or in Icaniiiig to read, write and c^'pher. He further says, that at least one-third of those scut to tho penitentiary are entirely illiterate, and that most of the others have a very imper- fect knowledge of the rudiments imparted in common schools. The pevsons employed as teachers received tAvo dollars a day for their 224 PRISONS AND REFORMATORIES OF THE services. Tho secular instruction required by the law was discoii- tinueil under Mr. Scott's immediate successor, Mr. Thomas S. Theobald. Tho practice was revived by Mr. Newton Craig, who succeeded Mr. Theoljald, in all its original lit'o and vigor. In liis time, u new chapel and Sunday-school room, (JO by 40 Icet, was built, which he pronounced the greatest improvement made in the prison tor years. In this room the prisoners were asscnjbleil throughout tho Lord's day, receiving lessons partly in religion and partly in the common school branches; the educated convicts teaching the illiterate, an arrangement reported as "working W(dl." Two of tho prison officers remained in the room to keep onjer, and see that tho teachers did their duty. The prisoners are nsiid to have taken a lively interest in the school, and their "proHtiiig appeared unto all." The arrangement was regarded as a material aid in promoting morality and the reformation of tho prisoners. The same year, 1829, in which Kentucky enacted the law just noticed in regard to conmion school instruction in her penitentiary, u report, containing matter of interest on tho same subject, was made to tho Legislature of New York by commissioners Hopkins, Tibbetta and Allen. These gentlemen speak, in their report, of a suitable apartment as about being finished, at Sing Sing, for a "chapel and school room." Whether the school room here referred to was for a Sunday or a secular school does not appear ; most prol)ably the former ; for, although no Sab])ath school was then in existence, a year or two afterwards the chaplain jpeaks of such a school as in successful operation. Moreover, it is plain from liis report that tho instruction imparted was largely of a common school character. He says that the school consisted of sixty to eighty men, all of whom were unable to read on entering, and most of whom did not even know the alphabet ; adding that they showed an intense desire to learn, and that their progress cor- responded to their zeal. The commissioners, in their report, state that the chaplain, Mr. Barrett, was making the greatest exertion to teach the ignorant to read, making use of the Bible as his only school book, and impart- ing his lessons at the grate of their cell doors. An interesting account is given of a convict whom he taught to read in five Aveeks, from the first chapter of Genesis. At the end of the fifth week, he read fluently and correctly the whole of the first chapter, and, of course, after that had no more difficulty. He had mastered the art, and held in his hand the key to all the treasures of wisdom. UNITED STATES AND CANADA. 225 To him the question had boon solvod, >vhcro w ^ how he should get "hotter thoughtH." In the report of the Prison Disciplioo Society, for 1841, thrco iteiuij of jntorcst nro recorded, bearing on the 8ul>jcct of secular instructiou in prisons, and showing a gratifying advance in publlo opiiiioi! in that direction. The first is u stitt( inent to the ciTect that, ill the House of Correction in South Doston, a day school hud been taught by the clerk, two hours ouch day, during several yours, for a class of young convicts, in the common branches of knowledge, ill u room carefully fitted up for that purpose, and that great good had resulted therefrom. The second is a declaration of the Gov- ernor of New York, Wni. H. Seward, in his annual message, in thcNO words : " I would have the school room, in the prison, fitted us carefully as the solitary cell and the ^rorkshop ; and, although attendance there cannot be so frequent, I would have it quite as regular." The third is an urgent plea by the chaplain of the prison ut Wothersfield, the Rev. Josiuh Brewer, in his reporf for tliut your, for school instruction to convicts. On turning to the report referred to, we find that, after urging that attention to the elementary brunches be exacted of the more illiterate, ho says : "And why should not oral instruction, by familiar lectures on the practical concerns of life, and various topics of history, science and literature, bo imparted to all ? The laws of the human mind undergo no change, surely, by the body's being deprived of its liberty ; and what has been found, on full experiment, to elevuto the tone of society generally, holds out the promise of good in ptu'ticulur instances." Here we have Mr. Organ's lectures in the intermediate prisons of Ireland clearly foreshadowed. These are the first intimations Ave have ,ttny where met with of giving regular secular instruction to convicts in schools and classes. The next year, 1842, the same idea was further urgeii ' y a con:- niittce of the Legislature, in reference to the Connetii! ut state prison. They say: " The opportunities forgiving instruction on week daj's are not considerable. Tiio committee would recom- mend that prisoners, in small divisions, should iu rotation, have time and opportunity of receiving instruction from the chaplain. If half of each day, or from three to four hours, were allowed among two or three such small divisions of prisoners, the whole number might have an hour and a half or two hours once a fort- night, which would not take much from the earnings of each pri- soner. Better still, if each division could be tried faithfully with fAsscra. No. 35.] 15 226 PBISONS AND REFORMATORIES OF THB an hour and a half, or two hours once in each week, in addition to the opportunities now afforded to them." The same year, the directors of the prison, among whom we observe the name of the Hon. Henry Barnard, Commissioner of the new Bureau of Educa- tion in Washington, adopted a code of rules and reguhitions, relat- ing to the duties of the chaplain, one of which is that "he shall use his utmost endeavors to instruct, through the grating of the cell doors, all those who are unable to read." The chaplains of Auburn and Sing Sing, about the same time, were pleading hard, and piling argument upon argument, for an enlargement of the means of instruction in their respective prisons. They insist that it is equally the dictate of philanthropy and sound policy that larger and more suitable provision should be made for the education of the convicts, and that at least one or two hours each day should be devoted to their intellectual improvement, alleging that thus, and not otherwise, that is, by elevating their minds and giving them " better thoughts," can they be prepared to become better sous, better husbands, better fathers, better citi- zens. Mr. Luckey states that the Sunday-school at Sing Sing had increased, within the year, from 114 to 337, one-half of whom were learning to read; and of those who had been discharged during the same time, no less than twenty-five had learned the art in the prison. A pleasing circumstance here was that from the lack of other teachers, a number of the convicts were employed in that capacity, who dischai'ged the duty with great acceptance, taking the greatest interest in it, and preparing themselves for it with the utmost care by the use of Bible dictionaries, sacred geographies, and such other help as they could obtain. One of these convict teachers, having received a pardon from the Govcrnoi" on Friday morning, begged that he might remain in the prison till Monday, that he might meet his Sabbath class once mox'e, a request which shows more clearly than perhaps anything else could, the interest taken in the work. Mr. Francis C. Gray, in his "Prison Discipline in America," published in 1848, informs us that, at that time, there was, in the Massachusetts prison, a society formoral improvement and nnitnal aid — in effect, as we shall see, a debating society — of which the warden, chaplain and clerk were president, vice-president and secretary. All cohvicts, approved })ythe president, could become ♦members, on signing the constitution, which contained a promise to lead an orderly, upright life, and never to taste intoxicating UNITED BtATES AND CANADA. 227 liquor after their discharge. About three-fourths of the prisoners were members. There was a committee of conference, consisting of the otScers and six convicts, chosen by their fellow members and approved by the president, to prepare business and propose measures for promoting the objects in view. The society held its meetings once a fortnight, at which the chief business was the free discussion of some que&tion proposed at the previous sitting. Here we have the weekly competitive examinations of Mr. Organ's intermediate prisoners at Smithfield foreshadowed, just as we saw the foreshadowing of his system of daily lectures in one of the reports of the chaplain of the Connecticut state prison. " The society was founded," Mr. Gray observes, " on the consideration that convicts are to return to the society of men, not so totally different from themselves, as some would represent, and on the belief that, tliough erring and criminal men, they are not such iucarnate demons, that every word is infectious, and every touch contamination ; but that, on the contrary, all such intercourse among tliem as docs not tend to corrupt them, to produce disorder, or to interrupt their labor, and takes place in the presence and withiri the hearing of the officers, engaging the sympathies and occupying and interesting the minds of the prisoners, is not only harmless, but humanizing and beneficial." This is a view which \fQ have endeavored to enforce in our section on discipline, and we are glad to find it embraced and supported by so calm and philosophical a thinker as Mr. Gray. In 1847, a comprehensive prison act, prepared by a committee of the Prison Association, was passed by the Legislature of New York, one of the provisions of Avhich was that common school teachers should be appointed for all the state prisons, proportion- ate in number to the size of each prison, and to the number likely to be found therein unable to read. We have seen that, as far back as 1829, Kentucky provided, by law, for four hours' instruc- tion of her convicts in reading, writing and arithmetic, to be given on the Sabbath ; but this was the first law ever enacted in the United States, creating a distinct class of officers, whose duty it should be to impart such instruction during the week. Hence the Prison Discipline Society, in their report of 1852, say : "To the state of New York belongs the honor of taking the lead in this branch of prison discipline, viz : common education in prisons." Unfortunately, the salary attached to the office was so small ($150) that teachers could be obtained for only one hour daily. 228 PRISONS AND REFORMATORIES OF THE Other states have followed the example of New York. Generally this business is given into the charge of the chap- lains, and not unfrequently they are required to do the teaching themselves ; sometimes in a school, but more commonly through the gratings of the cell doors. We append the provision of the prison act of Indiana relating to this subject : " The moral instructor shall, in addition to his other diuies and services, teach such of the convicts as the warden may send to him for the pur- pose, ^he art of reading, writing, arithmetic and geography, at such hours as may be found most conducive to the interests of the institution."* Libraries in prisons, now regarded as the right arm of discipline and an essential agent in reformation, sprang up, as a general thing, at a later date than efforts to educate the more ignorant class of prisoners, of which, indeed, they are but the natural out- growth. The first notice we find, looking towards the creation of a prison library, is in a code of rules and regulations enacted by the inspectors of the Kentucky penitentiary, as far back as the year 1802. The following is the provision of the said code relat-' ing to this subject : "The convicts shall be encouraged to employ any leisure time in reading; and donations of books will be thankfully received ; and the keeper shall take care of them, and procure a list, with the names of the donors." The first prison library in New York, and one of the earliest, if not the earliest, in the United States (except what may have resulted from the above recited action in Kentucky), was estab- lished in Sing Sing prison in 1840, under Mr. D. L. Seymour, as principal officer, and the Kev. Jno. Luckey, as chaplain. These gentlemen applied to Gov. Wni. H. Seward, who told them to get what books were wanted and send the bill to him. About three hundred dollars' worth were procured, and Mr. Seward paid the bill out of his private purse. * While these ghects are goinj; larougb the press, we have received a letter from Mr. Cordier, of Wisconsin, of which the following is an extract : " I have succeeded in having a bill passed by our Legislature last winter, authorizing me to establish a school for the purpose of teachimi; our convicts in the common branches of education. Saturday and Sunday afternoons . j now devoted to this object. It is really surprising to notice the seal manifested, even by aged men, to learn to read and write. I am pioud to Ray, that hereafter no convict wiU I«avo this prison without a knowledge of those two useful and important branches. And what an excellent means of discipline ! Not to be deprived of the advantages this lohool affords, all the scholars behave them- selves with the utmost deoornm. About Mreaty visit the school now, and not one of them ever gave cause for complaint. I am convinced that secular instruction has been neglected to a great extent in our prisoBf . Ignorance, being the mother of nearly all crimes, must certaintv be removed at first, if a thorough reformation shall bn realized. As to this iob9ol, I wish only to lay, that I have much faith in the success of our under- taking." UNITED STATES AND CANADA. 229 The following year, 1841, a hundred dollars were appropriated by the Legislature of New Jersey, to lay the foundation of a library in the state prison at Trenton. In 1847, we find libraries existing in most of the state prisons of the country, one of which — that of Ohio — is reported as con- taining 3,000 volumes. The testimony of prison officers was uniform as to the good effects of this agency. They say that the books were sought with eager- ness and read with avidity by large numbers of convicts, and that as the fondness for reading increased, the occasion for punishment diminished. Many had evidently become interedcd in acquiring useful knowledjro, and, as a consequence, thc} were iar more con- tented and cheerful. The foundation of one prison library is so unique, and withal so interesting, that we cannot withhold it. In the fall of 1846, a clergyman from Illinois, on invitation by the chaplain, con- ducted the usual evening service in the chapel of the Massachu- setts state prison. He expressed his particular delight at seeing the prison library, and congratulated the prisoners that they were 80 much better off in this ^espect than the inmates of the state prison at Alton, who had no books at all. The above statement is condensed from the work on Prison Discipline in America by Mr. Gray, who proceeds to say: "The next day, as the chaplain was walking through one of the work shops, a prisoner having asked leave to quit his work and speak to him, told him that he had some books which he could spare, and should like to send to the prisoners at Alton, if permitted, and so had some of his 8hop» mates. The chaplain, having conferred with the warden, stated in the chapel, after evening prayers, thai such an application had been made to him, and added, that if any prisoner had books which he wished to send to the Alton prison, he might leave them in the adjoining room, on coming to prayers the next morning. He also sent word to his friend the clergyman, that if he would call at the prison the next day, he would find some books for Alton. The reverend gentleman went accordingly, and took with him a large silk handkerchief to carry off the books. What was his astonishment to find, in the room adjoining the chapel, more than four hundred bound volumes, besides tracts and pamphlets. The silk handkerchief would not do; and the prisoners requested permission to make boxes to pack the books in." Having thus sketched, as far as the sources of information were 230 PRISONS AND BEF3RMAT0RIES OF THE P'^ open to us and the limits to which we are confined would permit, the origin and progress of secular instruction in prisons, we now proceed to exhibit the actual state and condition of this important agency in the prisons to which our observations extended. The provision made for the instruction of the convicts in the provincial penitentiary of Canada, in the elementary branches of a common education, is worthy of a humane and enlightened gov- ernment. A teacher is employed who gives his whole time to the work. He is aided by as many issistants as may be needed, who are selected from the best ed ic i^d and best conducted of the convicts. The cooperation o. the jO convict teachers in the work of instruction is found to be of essential service. Under the direc- tion and superintendence of the school master, they teach the classes assigned them to the entire satisfaction of the prison autho- rities. The school is attended by all the inmates of the prison who need instruction in reading, writing or arithmetic, and who are not incapacitated from learning by defective sight, deafness, mental imbecility, or other infirmity. There are four distinct sec- tions of prisoners, whose members come under instruction In th^ course of the day, as follows: A morning class, commencing at six o'clock in summ: r and seven and a half in winter, and closing at nine; a noon class, commencing at twelve and a half and closing at Ciie; an afternoon class, commencing at one and closing at three; and an evening class, from six to seven and a half in sitmmer. and from five to seven in winter. The noon class, which is th"? largest, numbering sixty or mere members, is composed of convi-^.ts who are engaged on contract work, and who devote to leseon le.u'ning one-half of the t?me allotted to the raid-day meal. The ev^uiug class is made up of prisoners who labor on the Rockwood Asylum for Criminal Insane, at the quarry, and on farm and garden work. Between 200 and 300 convicts are in this niiinner brought under daily instruction for a period varying from half an hour to three hours. The gentleman who had officiated as schoolmaster for some fifteen years, had just retired, and his successor had not been appointed at the time of our visit, so that, much to our regret, we had no opportunity of seeing the prison schools in operntioii. From the printed reports of the late teacher, we learn that these ignorant, criminal and degraded beings — though he was ever alone and unarmed in tlie midst of them— observed, during school hours, the strictest order and decorum; that they highly prized the opportunities for improvement afforded them; that their thirst UNITED STATES AND CANADA. 231 for knowledge increased iu proportion as it was gratified; and that they applied themselves to study with a zeal worthy of all praise, and Avith a success equal to that attained by the generality of pu- pils in other schools. There is no prison in the United States, we are sorry to say, in whicli so much time and toil are . given to this department of re- formatory agencies. The proportion of prisoners in the state prisons, who are una- ble to read at the time of their committal, varies a good deal in the several states; the extremes, as reported, being from one- twentieth in Vermont, where the proportion of the wholly illit- erate is smallest, to one-third in Wisconsin, where it is greatest. In other states, the proportion fluctuates between these extremes. In Maine, it is reported at one-fifteenth; i:i Massachusetts, at one- tenth; in Connecticut, at one-eighth; in New Hampshire and Pennsylvania, at one-seventh; iu Indiana and Ohio, at one-fourtb; in New York, one-tenth; at Auburn, oue-fiftk; at Clinton, and one-third at Sing Sing. Of convicts who give themselves in as able to read, from a fourth to a half cannot, as a general thing, do so without spelling out more or less of the words; and in most prisons, few really good readers are received. In much the larger number of prisons, secular instmction is imparted; but in some, and in this category are included Ken- tucky, Massachusetts, Michigan, Missouri, Rhode Island, Ver- mont and Wisconsin, either none at all is given, or only such as J3 imparted in Sabbath-schools. In two states onlj', whose pris- ons were examined by us — Indiana and Ohio — is instruction given in classes. In both these states, the chaplains are the teachers. In Indiana, the school is held from November 1st to March 1st, a period of only four months in the year. We presume it to he held in the evening, as the law which creates it requires that the convicts should be taught " at such hoia-s as may be found most conducive to the interests of the institution;" which means, doubtless, "least prejudicial to its j'?»a»»c»a/ interests," as these, in American nomenclature, are he interests in all pcnaL establish- ments. The convicts generally attend the school, and take much interest in its c^er^isies. In Ohio, school is held, as it should be, throughout the year, on five d^ys of eich week, being omitted on Saturday. The hours are from three o'clock, p. m., to the closing up of the prison at night. Many commence with the alphabet, a? id are taught 282 PBISOVf AND BEFORMATORIES OF THE sepftrately till they begin to rentl, after which they are grouped into classes, and advauccd by regular gradations in school read- ers (McGuffi&'s first, second, third and fourth). Penmanship, arithmetic, geography and grammar are also taught. Very general interest is taken in the school by the prisoners, and in some instances, we were told, remarkable proficiency is shown. The chaplain is aided by coixvicts in the work of instruction. In Connecticut, New Hampshire, and the western penitentiary of Pennsylvania, secular instructiou is given by the chaplaii s to each prisoner separately, at the door of his coll; and in Maihe (for the present) by the wife of the warden, in the sante way. In the western penitentiary, the warden informed us, very little interest i« taken by the convicts in thewe exercistis. In the other prisons named in this paragraph, most of the prisoners were reported as taking a lively interest and making good proficiciicy in their istudies. In the three stair [uisons of New York, and tho eastern penitei). tiary of Penusylvaniit, scho Imastt {& are employed to give lessons to the convicts. In both these states, the lessons are given to thq prisoners in their ceils In New York this is done only at night, and through the gratings of the cell doors. In Pennsylvania, instruction is given throughout the day, and the teachers ei?ter the cells for the purpose. In Ohio and Connecticut alone, as far as we are informed, is inatruction imparted in branches as high as geography and giam- mar 5 in the latter state, even rhetoric is taught to some. Else- whero> only reading and writing are taught, and the rudiments of arithmetic; the progress in this latter branch not being ordinarily beyond the rule of three, if indeed it reach oven to that point. All the prisons visited by us have miscellaneous libraries for the use of the prisoners. The aggregate number of volumes in thir- teen prisons is 20,413, being an average of 1,570 to each. The largest prison library in the country i.i that at Sing Sing, which contains 4,000 volumes, and the smallest reported is in the Wis- consin prison, containing 250 volumes. In the major part of the prisons, the chaplains, either independ- ently or in conjunction with the wardens, arc charged with the duty of selecting the books for the libraries. In a few, this duty is devolved upon the wardens; and in a still smaller number, on the inspectors. The character of the books composing the prison libraries is, DNITED STATES AND CANADA. 233 as might be expected, quite miscellaneous. Works on religion, histories, biographies, travels, Avorks on science and general litera- ture, and standard novels (those of a sensational character being generally excluded) predominate. In the prisons of Ohio and Wisconsin, prisoners are not allowed a choice as to the books to be read by them, but are furnished, hi the former once in two weeks and in the latter once each week, with such as the officers may choose to give them — an arrangement T hich we cannot commend, and which we were surprised to find ;r> nstitutions where there is so much, in other respects, to approve. In all the other prisons visited by us, the convicts are allowed to select such books as may suit their taste. It is not strange that the preference should be given, in the majority of cases, to story books, magazines, and the lighter literature. But the reading of convicts is by no means confined to works of this character. His- tories, travels, biographies, and even treatises on science and phi- losophj', find many readers. This we found to be pre-eminently the case in the Massachusetts state prison, where Humboldt's Cos- mos, and other works of a no less elevated and philosophical character have been read through by many of the convicts. Indeed, the testimony is quite uniform to the effect that numbers of the prisoners are most evidently growing in useful knowledge; and we think, from the evidence before us, that there is more reading, and that of a solid character, too, done by the convicts in our American state prisons, tlian by any equal number of w king people taken promiscuously in free society. On this subject Mi*. Cordier, of Wisconsin, says: *' I really belive that no convict, unless he be a perfect idiot, leaves the prison without having his mind improved, and without having gained some knowledge." The method of distributing the books to the prisoners varies in different prisons. In Massachusetts the following plan is adopted: The convicts are allowed to take out one book at a time, on Mon- days and Saturdays, and they keep it a fortnight. If it is wanted for a longer period, permission must be obtained from the libra- rian. Each volume is numbered, and every prisoner has a cata- logue and card, and puts down on the card the numbers of (say twenty to fifty) such books as he would like to read, so that he may be sure of securing some one. He lays his book, after he has read it, on the stool in his cell, with the card in the book, and the runner takes them and carries them to the assistant librarian, who changes the book and sends back another. As the book is read, 234 PRISONS AND REFORMATORIES OF THE the iiUDiber is rubbed off the card, and another one placed in its stead. A somewhat smilar method of distribution is pursued in the custeru penitentiary, Pa. The books are distributed every two weeks, and each applicant is ullo\ved to take out one large volume or two of more moderate size. Every convict has in his cell a printed catalogue and a card slate, on which he marks eighteen numbers, out of which the librarian is able to obtain some book that will suit his taste, though not always the one that he would prefer. A very different plan from either of the above is adopted in two of our New York prisons — those at Sing Sing and Clinton. There the prisoners come in squads or companies, once in three weeks, and each one selects one or two volumes for himself of those that may be upon the shelves at the time. No doubt a good deal of time is consumed in this way, and the work might be done, is done iu other prisons, in a much shorter period. But it is at least doubtful whether it would be wise to change the method on this ground. There are obvious advantages, and those connected with the higher ends of prison discipline, in the mode of distribution practised in these prisons. The coming of several hundred pri- soners every three weeks into the chaplain's office affords him the opportunity of becoming personally acquainted with them, and of dropping into their ear, perchance into their heart, many a wise counsel and exhortation. These opportunities, we have reason to think, are gladly embraced and faithfully used. At Auburn, a plan if< in use, differing from either of the above and, as it strikes us, inferior to both. Prisoners have the privilege of exchanging their books once a week. The chaplain sen*' 3 a quantity of books to each shop, together with a list of the same, to the keeper; and thus the exchange is effected in the shop M'here they are at work. The objection to this is, first, that it limits the convict's selection to a very small part of the library, and, sec- ondly, that it must be a source (so, at least, we should think) of more or less disorder in the workshops. The rule in all prisons is to examine books on their return; but it is enforced, as indeed all rules are, with different degrees of stringency. In the Wisconsin prison, if books — and they are care- fully scrutinized when returned — are found soiled, dog-eared or in liny way marred or defaced, the offender is deprived of the privi- lege of the library for a certain time, which is longer or shorter mriTED STATES AND CANADA. 235 according to the extent of the injury done to the book. All inju- ries to books are recorded for future reference. In all our state prisons, the proportion of prisoners who take out books is very large ; indeed the general if not the universal rule is, that all draw books who are able to read. We were anx- ious to ascertain whether the books so taken out are really read by the persons receiving them. The answers to our inquiries on this point were unanimous to the effect that such was undoubtedly the fact in the great majority of cases. On calling for the proofs of this, they were stated to be, first, the appearance of the books when returned; secondly, observation of the prisoners in their cells; thirdly, their comments on the books; and fourthly, ques- tioning them on the subject-matter of the volumes taken out. In reference to the second of the above named proofs, the Rev. Mr. Ives, of Auburn, remarked: "In passing through the galleries, I see the men almost all engaged in reading. I have often been through on purpose to see what proportion were thus engaged, and have found ninety-seven out of one hundred. In the shops it is the same, when their tasks are finished." Wardens and chap- lains of other prisons made substantially the same statement. Convicts in all the state prisons have considerable time which they can devote to reading, if they are so disposed. Everywhere they have the whole of Sunday, after deducting the portion spent in public worship and the Sabbath-school, where such exists. Besides this, they have for reading, during the day and evening, on an average, from two to four hours. In the New York state prisons, prisoners are allowed to take their library books to the workshops, and read in them after thej' have finished the task of the day; but nowhere else, as far as we could learn, even where task work is in vogue, except occasionally by special permission. In far the greater number of state prisons, the convicts are not allowed to take or read secular newspapers, but the reverse of this is true as regards magazine's. In Wisconsin, and we believe also in Missouri, both classes of publications may be taken by the prisoners. In Maine, Harpers' Weekly is permitted. The legislatures of many of the states make a fixed annual appro- priation for the increase of the prison libraries. New York appropriates for her three prisons, $950; Pennsylvania for her two, $450; Michigan, $300; Massachusetts, $200; Connecticut, $100; New Hampshire, $50 to $100; Vermont, $25. The legis- latures of Ohio, Wisconsin and other states appropriate for this 280 PRISONS AND REFORMATORIES OF THB purpose only on application by the prison authorities, nccompaniod ivith a statement of the necessities, and the amount required to meet the same. We made it a point <*f special inquii-y to ascertain the opinions of prison officers, both wardens and chaplains, as to the utility of libraries in prisons. Witli a solitary exception — that of Dr. Canipbell, of the western penitentiary. Pa., who regards the library as •' of doubtful influence" — we found a perfect agreement among these oftioers in thinking a prison librar}* a most important instrument of good. With singular unanimity, they represent it as valuable in communicating useful knowledge to the prisoners; in elevating their minds; in beguiling many a tedious and weary hour; in making them cheerful and contented; in affording them good material for reflection, and so diverting their minds from brooding over past offences and meditating schemes of future mis- chief; in affording good topics of conversation with them; in im- proving the discipline of prison; and in constituting one of the best and most effective of reformatory agencies. We quite agree, too, with Mr. Hill, in thinking it important that a prison libraiy should contain many books whi -h, while free from anything im- moral or irreligious, are both interesting and entertaining. This will tend to create a taste for reading, to inspire a liking for other than sensual pleasures, and to give the mind cheerful subjects of thought, in addition to those of a more serious cast. A due mix- ture of books of this cheerful type, so far from interfering with reading of a more solid and even religious character, adds fresh zest to such reading. A prisoner, much given to drinking, and never a reader prior to his incarceration, read Robinson Crusoe in prison. It was the first book of entertainment he had ever read, and it evidently awakened in him a thirst for reading, which, ])y affording him pleasant occupation at homo, would naturally tend to wean him from his habit of drinking. This prisoner was found, on examination, to have fully appreciated the great moral of tlio book, viz., that, under whatever circumstances a person may bo placed, he can, by effort and perseverance, improve his condition. It w!is quite manifest, too, that his reading of this book did not at all interfere with his reading of th Bible; and his chaplain de- clared himself highly satisfied with his answers on the part of the Bible read by him during the Aveek he was reading Robinson ■( usoe. It would be a good plan to examine prisoners on the subject- UNITED STATES AND CANADA. 237 matter of the books which they read. If a prisoner, on receiving u hook, wore told that in due time ho would be questioned respecting its contents, and required to g' his views of their character and merits, this notification would make him more care- fill in its perusal; would afford a useful exercise for his intellect and memory; would offer good topics for conversation with him; would help him to derive from books all the benefits they are cupuble of yielding; would lead to the selection of books by dif- ferent prisoners better adapted to their respective mental develop- ment; and would qualify him by degrees better to understand their subjects and to appreciate both their merits and their de- merits. We would not, however, have this plan forced upon con- victs against their will, as in that case reading might become a task instead of an amusement, and, us a consequence, be less pur- sued than it is now. But with the prisoner's hearty assent, we are persuaded that the plan would be highly to his advantage. It will have been observed that in none of the state prisons visited by us, except so far as secular instruction is imparted iu Sabbath schools, are the prisoners taught in classes, save only in those of Ohio and northern Indiana. Everywhere else, lessons are given either in the cell or at the cell door, mostly by the chaplains, but in New York by special teachers, of whom there are employed some eight or ten. This method of instruction in the separate cells is liable to very serious objections. Either instruction must be imparted to a most limited extent, or, iu prisons conducted on the Auburn plan, where lessons can be given only at night, teachers must be multiplied so that there shall be one to every half dozen convicts. Now, even those who are most sceptical on the subject of penitentiary reformation, still agree that every opportunity should be given for improvement, and every facility afforded for ameudmcut; and that, at least, a foundation should bo laid for moral knowledge by imparting the elements of literary education lo those who are ignoran*^ ; of whom, as we have seen, the number confined in our prisons is always considerable. We, indeed, go much farther than this. We think that a penal establishment — certainly in the later stages of imprisonment — should be, as it were, one vast school, in which almost everything is made subser- vient to instruction in some form or other — mental, moral, religious or industrial. Of course, we would have school rooms fitted up and classes formed, into which should be gathered numbers of those in similar stages of advancement. In addition to which, wo 288 PRISONS AND REFORMATORIES OF TRI 'would have libraricn, lectures, oompotilivo examinations, am) ny\\r, museums, and every other needful appliance liberally providoii, calculated to excite, and, in a greater or less degree, to gratify ti., rational curiosity of each. In this conviction we are fortiHo<1 by the opinion of Mr. F. U. Hanborn, the intelligent secretary of the Miissuchusetts Board of State Charities, who, in his evidence before the conimldsion of 18()(), snid : " I doubt if the instructiuu of prisoners has ever been curried far enough anywhere ; even in Ireland, it would bo possible to improve it. I would have all convicts taught something, and put in the way of teaching them- selves. As u class, they are wretchedly ignorant, and have sinned through some form of ignorance, conjoined with vice. To edutiatc them is the plain duty of the state ; and, when seriously under- taken, their education would show important results. A portion of each day, as well as the evem'ng, should be given to this duty; and those not compelled to labor should be stimulated to sonic mental occupation, as a defence against bud habits and evil thoughts." The better educated and better behaved prisoners might, with propriety and advantage, be employed to assist the schoolmaster in the instruction of his classes. We have seen that this service is very acceptably performed in the secular schools of the pro- vincial penitentiary of Canada and the state prison of Ohio, and also in quite a number of prison Sabbath-schools. Not only, As suggested by Mr. Hill, might the prison funds be economized by making use of assistance of this kind, but much good might often be done to the prisoners who gave it, since it would bring into action one of the most improving tendencies, that arising from the consciousness of being useful to others. It would, of course, be necessary to use care in the selection of prisoners t9 be so employed ; but with intelligent superintendence, there would bo little, if any, difficulty in that respect. We are sorry to be obliged to report that in many state prisons, our own among the number, very inadequate provison is made for the prisoners' reading at nip:ht. In England, there is a gas burner in every cell; in America, such an arrangement, Ave be- lieve, is quite unknoAvn. Lights, whether from gas or oil, are placed in the comdors, and very often at such a distance from each other that scarcely one prisoner in ten can see to read. For about five months in the year, the convicts are locked in their cells from thii-teen to fifteeu hours a day. There arc prisons — we wish UNITED STATES AND CANADA. 289 the number were less — in which, during all those long and dreary hours, only those few prisoneiti whose colls happen to bo near the lights, can make any Ui9(^ of their books; all the rest being con> tlcnniod to intellectual starvation, with ample stores at hand, as Tuiitulus was to eternal thirst, with the water reaching to his chin. Thus is left to the darkness of his coll and the deeper, sadder durkncss of an ignorant, benighted mind, many a young man, who, if opportunity were uflforded him of acquiring useful knowledge, might, despite his fall and its forlorn consequences, lie awakened to hope, to cheerfulness, to virtue. More than once hav(5 we heard bitter lamentations hy convicts over their inability, from want of light, to occupy themselves in reading, while locked in Iheir colls during the long winter evenings. We look upon such deprivation as a hardship and a wrong; and wo have known it to be, in many ways, most hurtful in its consequences. Wo think it no more than right — and certainly it would be good policy — that prisoners should have at least two hours of light for reading every night during the winter months. Such opportunity, added to the other means of enlightenment recommended in this section, would go a long way towards the solution of the problem proposed by the wretched prisoner mentioned in its opening seu- tenccs, " Where shall I get better thoughts?" SECTION EIGHTH. Physical and Hygienic Relations. Ill general, the ventilation of American state prisons is very imperfect; and the same is true of the provincial penitentiary 9f Canada. On entering them, one is met by an odor made up of animal secretions, damp walls, pent-up dormitories and musty clothing. Yet, with the exception of a few in the more newly settled states, our prisons, for the most part, appear to be ktrpt thoroughly clean, and well whitewashed. Whence, then, this disagreeable odor? It can come only from the want of adequate ventilation. Many of the prisons, probably the most of them, have ventilating flues in the walls of the cells, but there is no heat ill them to create a current, and on trial with a lighted match, while, in some, the flame was slightly drawn into the opening, in others there was no draft at all. The best ventilation we found was in the Massachusetts state prison and the Albany peiii- tcutiary. 240 PBIBONS AND BEFOBMATORICS OF THE The prisons are va/iously heated with steam, coal stoves, and wood stoves. Steam, where used, is found the most economical, and the warmth created by it is much more evenly difiused. The degree of heat introduced cannot, for the most part, be accurately measured, as few, if any of the prisons are provided with ther- mometers, an instrument which ought to be found in all. Gene- rally the officers claim that the cell houses are kept comfortably warm even in the coldest weather; while some admit that this cannot be eflTected with their existing apparatus for the purpose. In a considerable proportion of the state prisons, a sufficient amount of sunlight is admitted to enable all the prisoners to read with ease and comfort; but in many this is not the case. In some, none can well sec to read, especially in books with fine print, in a very cloudy day; in others, only those M'hose cells happen to be directly opposite the windows. At night, the major part of the prisons are lighted by gas in the corridors; the others by kerosene lamps. In none of cur prisons are the cells provided with burners, as is almost, if not quite, universally the case in New England. In Maine, Wiscon- sin, and Pennsylvania, each prisoner is provided with a lamp in his cell; in Michigan, with a candle. The time of extinguishing the lights in different institutions, varies from seven and a half to nine. We have already stated that, while in some prisons there are burners enough to enable all to read without straining the eyes, jot in not a few there is such a deficiency of light that much the larger portion are denied this privilege; a policy as contrary to wisdom as it is to humanity, since long confinement iii darkness is injurious to the physical, mental, and moral interests of the con- vict, weakening the intellect, inducing mental indolence, blunting the moral sensibilities, exciting the passions, quickening and feed- ing a licentious imagination, and, in a word, debasing and brutify- ing the man. In regard to the rations of the convict prisons of the United States and Canada, our general remark is, that they arc a-'Viiuunt and good; if anything, too much so for pcrscms convicted of crime, and undergoing the penalty of their transgressions. We think there is not one, in which there is any weighing or measuring of the food supplied; all have as much as they want, be the same less or more. We subjoin the dietaries of a few, both to c(nilirm our statement, and to serve as a specimen of the Avhole. Maine. — The warden, ia his comaunication 1 ) us, says: " The UNITED STATES AND CANADA. 24t prisoners have to eat — plenty of nice fish, brown and white bread, and coffee for breakfast; for dinner, two or more of these dishes on different days — baked beans and pork, corned l)eef, potatoes, stewed peas, und (once a w'eek) fresh beef soup; for suppfr^ wheat, brown and hard bread, with coffee." Massachusetts. — For breakfast, meat hash and fish hash on alter- nate days, with brown bread and coffee ; for dinner, baked beans and pork on Sunday and Fridaj', corned ])eef and potatoes Monday, beef soup with the meat in it Tuesday and Saturday, stewed peas and pork Wednesday, and fish chowder, with white bread on Sunday, and brown bread all the other days ; for supper, mush and molasses with coffee on Tuesday, and white bread and coffee all the other days. Wisconsin. — For breakfast, beef and potatoes five days, and beef hash two days, with white bread and coffee every day ; for dinner, beef soup with rice Sunday and Thursday, beef and potatoes Monday, vegetable soup and beef Tuesday, baked beans and pork Wednesday, codfish and mashed potatoes Friday, corned beef and potatoes Saturday, with white bread every day ; for supper, gin- <;er bread and molasses Sunday, white bread and butter Monday, Tuesday, Thursday and Friday, brown bread and molasses Wednes- day, and mush and molasses Saturday. Eastern Penitentiary, Pa. — For breakfast, bread and coffee throughout the week ; for dinner, beef (always fresh) three days, mutton three days, and salt or smoked pork one day, with soup made from the meat as a uniform accompaniment, to which vegeta- bles, with rice or barley are added. Potatoes, beans, honiiny, and cabbage are the standard vegetables, but lettuce, onions, and tomatoes are furnished in their season, fresh from the prison grounds. We have no memorandum of the erening meal, but l)clicve it to be usually, if not invariably, mush and molasses. Okio. — The warden roports : "The prisoners' fare is — bread (corn meal and wheat flour mixed), fresh beef and salt pork (idter- )uitely), potatoes, beans, calihages, ouions, vegetable soup (tnree limes a week), and butter (twice a week)." New YorJc. — -The following is the dietary at Sing Sing : Break- liJ«t is uniform tliroughout the week, consisting of beef hash, bread, and lollee. Su})p(u- is also uniform, and consists of either nuish md niohisses, or bread and mohisses, at the option of the prisoner. Bread is made iVesli every day of the eonunon grades of wheat flour [AoMcm. i\o. 35, J 16 t - if! 1. 242 PRISONS AND REFORMATORIES OP THE If and corn meal combined. It is furnished without stint at every meal. The dinner ration varies from day to day. Monday — corned beef and beans or pciis, usually made into soup. Vinegar, salt and pepper are supplied dail}^ so that each can season his food to his own liking. Tuesday- — corned beef and boiled potatoes. Wednesday — fresh beef boiled, and soup made of the liquor, in which arc boiled turnips, carrots, onions, rice and a little flour, making, when properly sejisoned, a savory and palatable di^h. Occasionally, instead of soup, a stew is given, made of pork, fVesii beef, potatoes and onions, which is nuich relished. Thursday — corned beef and cal)bage or beets, with potatoes. Friday — salt fish, with boiled potatoes. Corn bread is often given on Friday, and sometimes warm from the oven. Saturday — same as Wednes- day. Sunday — pork and potatoes, with white bread made in a better quality of flour, and occasionally pickles. For prison beef, it is quite usual to purchase only the rougher and cheaper parts of the animal ; in Sing Sing, on the contrary, the entire carcass is bought and used for convicts' rations. In all the K^cw England state jirisons, and in those of Pennsyl- vania, as a matter of course, convicts take their meals in the cells. Almost eveiywhere else, they eat together; in Wisconsin, all meals are taken in the cells, not because any preference is felt for that mode, but simply for the Avant of a common dining hall. As a o-eneral thiuir, fi stronc: preferi-ncc is felt for the method in actual use. jNIr. Haynes, of Massachusetts, says: "The plan of taking the meals in the cells is here considered preferable, for the reason that it allows the jjrisoners .toirest and read, and also ;becausc it afl'ords the oth'cers an opportunity to eat their meals at the same time.'' On the other hand, Mr. rrenticc, of Ohio, states his opin- ion in these words: "The mode of giving the meals in a large hall is preferred, as it is intinitely less trouble." There are two methods of [);ocuring supplies: one by contracts running for a greater or less period (commonly a year), the othoi at the discretion of the warden. The first of these methods was most prevalent formerly, the latter is most common now, and, in our o[)inion. the better has superseded the worse. Contracts for furnishing provisicms, as a matter of course, are given to the low- e.st bidder; ami. ecpially as a matter of course, the cheapest arliolc is su|)[)lied which the terms of the contract will permit. Be.Nidcs under the sysiem of .supplies by contract, the ration is fixed by an ijiflcxible rule; whereas, when provisions are purchased in open UNITED STATES AND CANADA. 243 market, it can be varictl as considerations of health and discipline may require. But let us hear what the advocates of each system have to say in its favor. Mr. Cordicr, of Wisconsin, says: "I do not believe in the contract system. As soon as a contract (say for tlour or beef) is let — and contracts of that kind generally run for a year — the contractor tries to make just as much out of it as he can, and therefore needs constant Avatching — a very unpleasant business. Aside from this, opportunities arc constantly arising for purchasing tilings at cheaper rates than those specilied in the contract." Per contra, Mr. Seaton", of Michigan, gives bis view thus: "Most supplies are procured by eontract — contract lasting one vear. This svstem is thought best, for the reason that the supplies can lie procured just as good, just as chrap, and with far ' less trouble." On the last point, all nuist agree with Mr. Seaton; but, much as avc commonly respect his judgment, we dissent from it on the other two. We think that supplies, :is good in cpiality would be dearer; and that, if as eheap in price, they would be of an inferior grade. Not only is a suita])le prison dietary necessary to the health of the convicts, but its moral effect is also good. On this point there is entire unaninn'ty in the testimony of prison oifieers. This intiu- ence shows itself in the lietter health of th« priflKniers. in th. gen- eral improvement of their temper, in the greaiter cheerfulm'ss with which they Avork, in the increased amount (jf work done, in the diminution of complaints and punishments, !>,nd in th^r aug- mented power of reformatory asjencies over them. The clothing furnished to convicts in our American stistn prisons, though coarse, is ufcnerallv substantial and comfortable. 'Ijc fab ric used is composed Avholly or chiefly of avooI, and tlie su'f i.--;. lor the most part, the same in summer as in winter, except that the under-clothing is less. It is quite connuon to sripply woolen drawers and undershirts during the winter, Avhich are left c^' in sununer. In the provincial penitentiary the summer suit is of cotton, and in the state penitentiar}' of Kentucky, of a light woolen fabric. In most of the prisons, the convicts interchange their clothing when it is washed, so that no one is sure of reeeivin*; I)aek from the wasli the suit fhat he put in. In the Massachusetts pri- son, a dill'ereut and far preferal)le usage prevail-^. All the clothes worn by convicts are marked with I heir own names in fidl, even to their towels, sheets and pillow-eases. There is wisdom as well iiji kindness in this arrangement. It fosters in the prisoners a feel- 1^ n t -I r. t 244 PRISONS AND REFORMATORIES OF THE r ing of self-respect, moves them to take better cave of their clothes, ami strengthens the sentiment of personal responsibility. Every convict here is furnished with a pocket comb. In all our state prisons, convicts, on their liberation, are pi-o- vitled with a suit of citizen's clothing; in some cases an extra shirt being supplied, and in others, as in Wisconsin, a flannel under- shirt and drawers, if the discharge takes place in winter. Each female convict in Sing Sing prison is provided, on her release, with the following outfit: Two dresses (one delaine and one calico); two skirts (one quilted and one muslin); two pairs of drawers; ■four chemises; two pair cotton hose; one pair calfskin shoes; cue pocket handkercliief ; a straw hat trimmed with ribbon, and a shawl, suited to the season of the year. Iron l)edsteads are provided in all the New England prisons, and in, perhaps, the major part of the others visited and inspected by us; although in quite a number the old wooden bunks are still in use, and among them, we are sorry to say, our own great prison of Sini; Sinjr, the largest on the American continent. Stra^v beds are in universal use, except in the Massachusett prison, Avhere mattresses, made of (iirl* I j)alni-leaf, are useO, They are much .superior to those made of straw, and, in the long run. cheaper. A bed of thi.s sort, it is said, will last seven yoar.>?. at the end of which time the material in two old ones will make ii third one as good as ne Sheets and pillow-cases are provided in the majority of Ameri- can prisons; they should be in ail, on considerations o^cleanli m .--. health, comfort, and even econoni}'. Bed-clothes — blankets, «,'oinfortax<*lcs and (juilts^ — apj)*»3r to be everywhere supplied in sufFai'tment, .such ease.* are quite exccp- tioniil. Th« condition of llw' prisuu l>eds, as a^ueral thing, is luade a iB*tterof diiil}' iiwpection. A> regard.^ airii^jr the ImkIs — a most necessary pi-ocess hmtk for ciMUiikneHS ai»d l>^stith — tlwM"e is a great diversity in point of fre- ^eri-py. In Now Hanijiwhire, we were informed, this is done #f>*'ry day; while in .som< prisons, it appeals never to be done at all. In Kentucky and Wi<'""-)M, it is done monthly; in ^Ia.ssa- cbiMfftts, at no ret^iU'la^' *i .s, but frequently; in Michigan. *' not often: '' in Vermont, " when ueces«arj; " iu Ohio, "no spe- cial rule." UNITED STATES AND CANADA. 246 Few prisons arc free from vermin. The warden of the Maine prison reports that they are never found in the cells there, and the commissioner of the Wisconsin prison, that in half the cells in that institution they arc not found at all. Nowhere else Avas any such statement made to us on this sul)ject. The most common report was that they were sometimes troublesome; but it was not uncommon to be told that they were in "great abundance," or that there was " any quantity" of them. Oh the question how to get rid of them, various opinions Avere expressed. Several wardens gave judgment in favor of cleanliness and care, combined Avith perseverance, as the best remedial agents; no doubt an excel- lent prescription. One said, coal oil; another, kerosene oil and whitewash; a thiid. corrosive sublimate and alcohol: and one, in blank despair of any etlectual remedy, exclaimed: "I wish some wise man would tell us how to get rid of them." Water is abundantly supplied to most state prisons — to those of Charlestown, Sing Sing, Philadelphia, and perhaps some others, from city water- works; to that of Michigan, from an artesian well; to the greater part, from ordinary wells and cisterns. The moral influence of a habit of personal cleanliness is neither flight nor unimportant. It has been said, and there is truth in the saying, that clean rogues are about as plenty as white l)Iaek- liorries. We Avere, therefore, glad to be informeil that, in nearly nil the prisons visited, the prisoners are required to Avash their hands and faces three times a day, although in one or two, this ro(|uisition stops at a single ablution. We AA'ere no less pleased to learn that in very many prisons ample means arc provided for bathing the Avholo person, and that this is exacted of prisoners monthly, fortnightly, or Aveekly, though not in all cases diirinf the Avinter. In the Michigan state prison, it Avas stated to us by the late Avarden, Mr. Seaton, that the convicts are lequired to Avash the entire body every morning in a trough proA'ided for the purpose. Every token of improvement in the direction of perso- nal cleanliness must be hailed Avith gratulation by the friends of prison reform. It is important, moreover, that the means of bathing should be available in Avintcr as avcH as in summer. It is admitted that the bath is not so absolutely necessary in cold as in hot, Aveather; yet it is, at all times, refreshing, invigoratinjj, healthful. Many of the employments in prisons arc of such a nature that the frequent use of the l)ath is demanded as Avell to si 1» . 1^ ' I I h. },i H'i 24G PRISONS AND REFORMATORIES OF THE Ml i |l insuro sclf-rcspcct as to promote licnlth; I'or avIio so degradod ^m not to fool u (loopor degradation from personal niieleanliness? The tlesli brush, as far as we could learn, has never been intro- duced into any of our prisons. This is to 1)o regretted. Long experience has shown that few things contribute more to hcidlli than the free use of the brush upon the skin, in combination with a liberal supply of Avater and soap ; and even w-ithont tliesc adjuncts, it is still useful. Nothing is moi-e restorative, after a day's dirty labor, than a good hard brushing. Cool water will prodnco a feeling of rcfreshtiienl ; but watei', moderately warin. ■with soaj) and the brush, or even a rough towel, really redovi's. lii most prisons, the underclothing of the convicts is washed ■weekly ; twice a w oek would not be too much ; but in Kentucky, ]\j[;iii.'j and Ohio, even the shirts arc washed but once in two weeks ; {iv.«l in NcAV Hampshire only after a lapse of three weeks! The oi:' giirments arcAvashed U-ss frequently. Many convicts are « mployed on work which soils very quickly ; and, on looking at iic j^arments Avorn by then), Ave could not resist the impres-ioh 1 ;' more frequent contact Avith the soap and other appliances <»'ti)c washtui* would be every way desiral)le. The sheets and pilloAV cases are Avashed Aveekly in the prisons of Massachusetts and Michigan: but in other prisons Avhcre tlicv are used, not ofteiier than once i.i fwo weeks, and in New Ilanq)- shii-e only eviMy third week. The I)lankets and comf()rtal)les. Avhieh must (piickly become safin-ated with the elHuvium of luinuni bodies heated l»y work (especially when, as is otten the .ase, they come into dirfet contact thercAviti)). were, mo' fre<]Uently than We eould havi' ' no gauge to measure the diversity of judgment *-Jiich no doubt exist»a« to the }^roper length of periods of tim«' to M' rovered l»y that expression. With few exeei)tions, chiefly in the western states, the prisons under our insjxM'fioii exhibh'ed s remarkable degree of nentnes?. In many, it would !><■ ditMciit to lind a spo 'k of dirt on the iloois of the corridors or cells, or :i S(»iied spot U))on the wallsor ceilings. The whitewasJi brush knows little n'Uiission of its toils, except during tl*e hours of eating and sleeping, but exercises its puritying and heaitlifui imluences constantly and thoroughly. Floors ui'<| .■*ta.irs are .swept daily, and. in addition, nndergo frea, cholic and headache. Feigned insanity is detected only by close and careful ol)servations; the other complaints by various tests. Mr. Cordier, of Wisconsin, says: " We have two classes of convicts: one class works well ami diligently, the other '^hirks Avork. If a convict of the tirst class c()uq)lains, avc take his Mord for it, and he is treated accordingly. If a convict of the other class complains of headache or rheuniatisui, avc consider him for the time being as a sick man, and give him the food of a sick MB r h mM .1 I' 248 PRISONS AND REFORMATORIES OP THE nmii. Thc.'C short rations cure him in a wonderfully Iwief space of time. IJo is not apt to ooniphiin a second time." The diet prescribed hy th(! piiysician i.s everywhere given to tiu- sick; and f'»r the veiy sick such delicacies are for the most part provided as are usually giveii outside. A few insane prisoners arc received Into most of the state priscns, and a few also become insane after their reception; the exa»'t percentufjo we could not ascertain in either case. The dis- position to be made of insane convicts is a question of grave im- portan;^e. The best arrangement for their disposal is in our own state iU)d Canada, where l.irge and admirably arranged asylums for criminal insane are provided; in Now York, at Auburn; in Canada, at Rockwood, a mile or two from the provincial peniten- tiary. In ]\Iassachusetts, they are sent to one of the state lunatic hospitals. In the majority of states, no provision is made for the removal of these unfortunates from their places of incarceration, but they are retained in prison to their own detriment and the sore inconveniencv-^ of the authorities. The testimony of prison physicians is unanimous, or nearly so, to the ctiect that long imprisonments are prejudicial — some say decidedly so — to the health of the imprisoned. SECTION NINTH. PmsoN Industries. Persons convicted of felonies (not capital) in the United States are unifornd}- sentenced to imprisonment with hard labor. The element of hard labor in the sentence is the dictate at once of jus- tice and polic; : of justice, because it is right that criminals, avIio have put the state to more or less expense, should do sometliiui'' towards defraying the public C(>?>t of their crimes ; of policy, because work is an essential condition of the i)risoner's reforma- tion ; and reformation, so far as this class of persons is concerned, is the grea.t interest of the state. Ft>ur systems of convict labor have prevailed, at different timed .and in different i)risons, in the several stat«.> nf our Union. The first »vstem is that of w***-kinir the ei>nvicts on account of the state — the state supplying the capital and raw mslnial, and undertaking, thr'^ugh it.s agents, the siile of the manufactured articles. The second system consists in leasing the prison for a stipulated UNITED STATES AND CANADA. 249 anniiiil sum, to some iiulivi<1mil or firm, the lessee having the entire! control both of the tli.seiplino tuul luhor of the convicts, procuring nil supplies of food, clothing, medicines, &c., and con- ducting the whole Iiusincss of the establishment; everything, in ctfcct, being in his discretion and at his disposal. The tliird system consists in working the prisoners on the joint account of tiie state and the warden ; the latter agreeing to be at all the expense of conducting the prison, and receiving a certain percentage of the profits in lieu of salary. The fourth is what is known as the contract systenj of convict labor. It consists in letting the labor of the convicts to certain parties, called contractors, who hire it for a stipulated period, conunonly five years, at so much per day for each nmn. Generally the rates paid for this lalxn* are low, ranging from thirty to forty- live cents a day. At present, owing to the great demand for .^killed labor and the high price of all eonnnodities in the market, liic rates are considerably in advance of former times. Thus, the average daily rate of wages on all the contracts in the Massachu- setts state prison is eighty cents ; in that of Ohio, sixty-five ccntsj at Sing Sing, forty-eight cents; at Auburn, sixty-three cents, and in other prisons on the same general scale of advance. But now, as heretofore, these rates are not more tlian one-third or one-fourth of what is paid for the same kinds of lai)or outside ; while, at the same time, the convict laborers perform, in some prisons (that of JIassaehusetts, for example), quite as nmch as the same number of citizen laborers would accomplish ; and in noi'c is the proportion loss than three-fourths or two-thirds. jNIoreover, not only do eon- tractors get the labor of the convicts at these cheap rates, but they arc also furnished with all the necessary shop and yard room, without any charge for rent ; a consideration worth, not unfre- qiiently, several thousand dollar.^ per annum. We propose, in this section to go, at some length, into the expo- sition and illustration of the several systems of convict labor, more particularly the one last mentioned; previously to which, however, we will submit a few general facts connected with the iiuUistries of our prisons. The average number of hoiu's during which convicts are worked thronghout the year, varies from nine to ten hours, the extremes being from eight hours in the winter to twelve in the summer. It is surprising how small, comparatively, is the number of skilled mechanics found among the inmates of prisons. The great ,)'-',< i; Hi ^^, I '* 'I 250 I'HISONR ANU UKI'OHMATOIilKS OF TIIR 1 1 muss of piisoiici'M is iuikK^ iii» oI' d.'iy-lulion'i'M, doiucsllc NciviinlN, lin.'iliiH'ii, siiildi'.s, ciiniu'ii, liiir-l('ii(l<'rs, itc, Ac. ]\Ir. Cunlicr, df Wisi'diisin, hjivm: '' N'iiI, li'ii per <'('ii1. of (lie coiivicis riMcivcd (liii'in^ llu^ IiinI Toim yciii'h -I he period cuvcrcd l»y my ndiiiiiiisd.i- tioti -were i niditiH'lits of :i fr.'idr; niid ikiI Ichh iIiiiii ci^lify per ccnl,, or I'lMir- lil'llis, were willioiil ji hiidc nilindy." Tlds is tdioiil llic ;i'»'i'd proportion, iis j^ivcii l)y llic olliccrs of ollici' pi'isoiis. Ii i- llic s.iliH' ill other coiiiilrics. 'I'lie j^ovel'lioi of the lioidii<;li prison i\\ (iI)is;jo\\ , Scotland, Miyn in one (»!' Ids reports: • The iiiiiid»er ol' skilled wdiknieii in the prison is alwiiys very sinull, ii"l more thiin twenty out ol" the Avhole mindierof men, that, is, twenty out ot'altoiit one hundred and tit'iy, on an ,ivera;ic. 'Vhv ^reat, major- ity ol' our prisoiuiM are Irom the worst-paid and poorest classes. Theic is a lar^e class who hiuc not, lieeii liron^^ht up to any re^"i- hir oeenpation." rh»« liiel ill iv^rard t(» the mechanie.il knowledire and skill of person,-, eoniniilted to pri>on Ix-ini;- as stated aliove, it is iniieh to he reiiii'tled that in our Ameriean [)risoiis ii I. not made more of a. distinct ohject to (each a l"iill trade to all who had never learned on(< liel'ore their committal, ^'et trill h c(mip(ds iim to report thai this, as a irencral thiiiir, is not the ease, allhon<,di there are, ha|)- pily. some exeeptioiu. If is the case in icspeet to the easlern pcMifciitiary at IMiiladelj-hia, w liereacom|»lele trade, most. commonly shoemakin; I.' l;o( Uht io cvciv convict, Hi it III prisons conducted on tin- conureiiaie idan. the general rule is to keep the men al ■\v( !'k on som(> p:irlicnlar hrancli of hiisiness, and teach them nolhiiij; heyond that, so that Ihey iret, for the most part, only a littU' piece of a trade. Vet sonulimcs it is olhcrwi.se. In tlit; pri.siin i.f northern Indiana, a distinct, sti[)nlation (so Iho Avardeii informed ns) is incorporated into th(> contract lettinj;^ the lal)or, to the I'tlect tliat the men shall learn all th(> tlitlercnl parts of liic trade at which they work: as a coiiM-iincnce of Avhich, ahoni sixly per cent. t)f those not knowino- a trade when committed, learn one diirinir their incarceration. In the Wisconsin prison, whore llio contract system of convict laI>or do«s not ohtain, the commi,ssioiicr inl\)rmcd nt* that he made it a point to teach every convict, havinij a term of two yi>ars and upwards to si-rve, a full tradi', j)rovidc(I he had any mechanical aptitude; and here, also, si.xty \)vv ciMit. of those not havinoncrM the complete kiiowl- {'{]<^(' of a tiadc, as it lies in (he minds 'if those most compcfent lo form and prononnce an opinion, may l»c infcrr. rl from th(! fact Ihal, with alKS(dii(<' nnanimily, prison olHcers d< it to he their jiidiinient that the reformation r thai we rei)oi'l the resnit of onr investigation — wo mean ov entire day, for the henelit oj' the contractor, or for that of the state, if they arc engaged on states work. In other prisons, tasks nw. a.ssigiUMJ to llie men, which the majoi'ity of tlicMn can accomplish before tljo expiration of the workinir hours of the 'day, some even as early as (deven or twelve o'clock in the nioi'ning, and others at ditl'ercnt hours of the afternoon, ^\\r.\t thoy do, AvheJi tli(>y are permitted to do anything l)eyony which one man contracts to support the institution and have all the proceeds. This must l)c imderstood in order to appreciate the keen sarcasm conveyed in the last part of Mi*. Pilsbury's statement. In what we say on this subject, we shall draw our facts in part from the results of our own inquiries, and in part from the evi- dence taken before a commission of the Prison Association in 186l». How, then, does the contract sj^stem aftect the pecuniary inte- rests of the state ? It would naturally be inferred from the essential character of the system, as above exhibited, that the state nuist be a loser by it. Taking the statements most favorable to the state, it appears that prison contractors obtain the labor of three convicts where they would get that of one citizen, and yet that each convict per- forms, on the average, three-fourths as much work as a citizen laborer. Putting these elements together, the case stands thus: The labor of twelve convicts will cost no more per day than that UtIITED STATES AND CANADA. ::T 237 of four citizens; yet the convicts will do nine days' work, while the citizens will do but four. Thus every dollar paid for convict labor will produce as much as two dollars and a quarter expended on citizen labor. Is it possible that the state can be other than a loser by a system which sells the labor of its convicts at one hun- dred and fifty per cent, less than the same labor could be obtained elsewhere ? On its face, this statement appears as incredible as it is astound* ing. We will, therefore, explain how it is that the state sells, and indeed finds itself obliged to sell, its labor at such a discount. In the first place, the contract system amounts, in practice, to an almost absolute monopoly, arising from the fact tha.t the contrac- tors own the power, machinery and stock of the shops; they are established in the business, and knowing ihe profits, which, as far as possible, they keep in their own breast, they can, almost uni- formly, so regulate their bids as to keep out all others who aspire to become contractors. In the second place, contractors some- times combine to keep down the rates to be paid for convict labor to the lowest possible point. In the third place, when a new branch of business was to be introduced into a prison, similar com- binations have been entered into by persons outside, who sought to become contractors, one party paying to the others certain stipu- lated sums of money, on condition that they would decline to put in bids, and thus obtaining the prisoners at a price much below that which would have been just and fair. And finally, they have been known to decry, in the strongest terms, the labor of the con- victs, and to impugn the rigor of the regulations as affecting con- tractors, with a view both to discourage competition and reconcile, the public to a low compensation for convict Jabor. All this appears in the evidence, but we have not space for citations. "Wo will merely mention one fact, stated by Mr. Augsburj^, warden of Auburn prison. He says that when the bids for a certain contract were made, a contractor who had taken pains to disseminate state- ments depreciating the value of convict labor, trusting to the effect of his misrepresentations, put in a bid at a very low rate, while he was, at the same time, interested in another contract at nearly double the rate of compensation offered bj' him. Tliere can be no doubt that the profits made by contractors out of convict labor, are very large. The testimony of all the wit- nesses is concurrent to this point. Mi'. Hayues, of the Charles- town i)rison, says: " Our contractors have always become wealthy, [Assem. No. 35. J 17 i 258 PRISONS AND REFORMATORIES OF THE if they have retained their contracts for any length of time." And this is a fair specimen of the general tone and tenor of th« evidence. Nothing can more conclusively demonstrate the very large gains realized from convict labor than a fact mentioned by Mr. Augsbury. There was, he says, a contract given out ut Auburn, in 1863, on which the men were let ut forty cents a day. A water power, Avorth $1,500 a year, was charged to the contract- ors at $240; and yard and shop room, which would have lented outside for $2,000, was, as usual, thrown in without charge. This contract was to run five years. At the expiration of the second year, the balance of the contract was sold to another party for u bonus of $30,000. In this case, a considerable fortune was rea- lized from a single contract in the brief space of two years. The question arises here, Avhether the same or nearly the same profits might not be made for the state under a system, in which the industries of a prison should l)e managed by its head; itboing pre-supposed that the said chief officer is a person of competent ability, of incorruptible integrity, and permanent in his position, so that the lights of experience umy be added to the force of natu- ral endowments. That this question may be answered in the affirma- tive is clear to our conviction from the proofs which we arc about to submit. These proofs arc of a tMo-l'old form, that of opinion and that of experience or fact. We will first summon to the stand a company of witnesses, whoso competency is unquestionable. The first we oiTer is the veteran, Amos Pilsbury, the oldest and most experienced prison officer in America. General P. says in his testimony: " I have no doubt that more money nn'ght be made I)y managing the prison labor myself." Mr. G. B. Hubbell, ex-Avarden of Sing iSing prison, testifies: "I believe that a competent general officer can manage the industries of a prison much more to the interest of the state and the convicts, in all respects, than can bo done under the con- tract system." Mr. D. L. Seymour, also an cx-wardcn of Sing Sin"", says: " I have no doubt whatever that, if the contract system had been abolished and I could have majiuged the prison labor myself, I could have earned a considerable surplus revenue for the state." We will not encumber our pages with further cita- tions. The same opinion is expressed by Mr. Rice, of Maine; Mr. Seaton and Mr. Brock \va3', of Michigan; Mr. Wood, of Indi- ana} Mr. Miller, of Missouri; and Mr. Cordier, of Wisconsin; all UNITED STATES AND CANADA. 259 of thorn gentlemen of intelligence, and most of them of lurge experience as prison officers. So much for authority. Now let us interrogate experience. What do facts say? Their voice is no less decisive. We will begin, as before, with the veteran of Wethcrsfield and Albany. In his evidence before the coniinission of 186(5, General Pilsbury states that, during a portion of the time when he was warden at Welhersfield, ho managed the entire labor of the con- vicld himself, and that, during another portion, about one half of the labor was let to contractors. He adds: " In a financial point of view, the management of the labor by myself was most success- ful." In Clinton prison, N. Y., the contract system having been abolished, the labor was last year managed by the prison authori- ties. The result of this change is, that the institution. Instead of being a drain upon the public treasury, as heretofore, to tho amount of $30,000 or more a year, has become u source of revenue to the state, tho income having exceeded the expenditure by some $3,000, and the inspectors anticipate a much larger surplus in future years. At the time of our vis^it to the state prison at Thomaston, Me., Mr. Rice had been warden for two and a half years, the pi-isoii labor being wholly managed by himself, on a capital of $10,000 furnished by the state. During that period, with an average of less than one hundred convicts, he had, des- pite the extraordinary cost of all prison supplies, paid' tho entire current expenses of the institution, including officers' salaries, and earned a clear profit of $7,000. Mr. Cordier, commissioner of the Wisconsin state prison, says: " Our average number of convicts last year was 110, only 63 of whom could be employed on prodn rive labor. Their earnings amounted to $25,727.34, Avhich shows il;at these 63 men earned each $1.36 per day. If the labor of tho con- victs had been let to contractors at (say) sixty cents a da}' (a high figure), the}' would have earned only $11,340, supposing them to have lost no time on account of sickness and from other causes, and the state would have sacrificed in one year $14,387.34." A strong light is thrown on the matter of prison lal)or by tho financial history of Illinois and Kentucky. In the former of these states, the plan of leasing the prison, at a bonus of so much per annum, has been practised from its foundation. During the greater part of this time, Mr. Samuel A. Buckmastor has been tho lessee. This gentleman, as tho result of such arrangement, has (so wo are 260 PRISONS AND REFORMATORIES OF THE ii)formcd), amassed n very largo Ibrtunc. Wo cortuinly do not com- mend, but, on the conti'nry, oppose ns ohjcctionuble to the Inst degree, the principle of this arrangement ; yet the fact just stated shows tlmt the industries of a prison may be successfully nuuiagcd by the same mind that jjrcsidcs over the discipline. The history of the Kentucky penitentiary affords additional prbof of the same thing. In 1825, the principle was adopted of allow- ing the keeper, in lieu of all other compensation, one half of the profits, after defraying the current expenses. Joel Scott was the first keeper under this system, and he served for nine years. The clear profits from convict labor during his administration were $81,136. Mr. Scott was succeeded by Thomas S. Theobald, who took the prison on the same terms. Tlie aggregate profits of his administration of ten years, the average number of prisoners being less than one hundred and fifty, wore $200,000 ; and one year they reached the extraordinary sum of $30,000. Every dollar of the state's share — $100,000 — was paid into the public treasury. In 1855, Zcbulon Ward leased the prison for four years, at an annual rent of $6,000 ; and at the end of his term, he retired with a fortune variously estimated at $50,000 to $75,000. Mr. Ward was succeeded l)y J. W. South, who leased the prison for a like period, though at the advanced rent of $12,000 a year. He also, at the end of his four years' service, is repoited to have retired ■with an ample fortune, as the product of convict earnings. The above facts ore derived from a History of the Kentucky Peniten- tiary, by William C. Sneed, M. D., long the medical officer of the prison, and a perfectly reliable authority. The above argument, to prove the repugnance of the contract system to the pecuniary interest of the state, — resting on the essential nature of the system, on the authority of competent judges, and on the results of experience, — we cannot but regard as a three-fold cord, not to be easily broken. But in New York there is a special argument of no little potency demonstrative of the same proposition. It is in evidence in the testimony taken by the commission of 1866, that the state has, through a long series of years, been mulcted in damages of colos- sal magnitude, paid to contractors ; damages resting, for the most part, if not altogether, (m no foundation of justice or reason. Wo will cite but one case out of man}'. Col. Wilkinson, of Auburn, in his sworn testimony, says: "A contractor who was allowed the valuable water power of this prison without charge, and yet UNITED STATES AND CANADA. 2C1 pjiitl less for the bibor of his man than other contractors who fur- nished their own power, has gone back on the state for heovy damages, chiimed to have accrued through a long series of years, in consequence of some deficiencies, from time to time, in the sup- ply of water. The damages claimed were, if I rightly remember, Kome $200,000 ; and tliey wore allowed to the amount of $125,000, and I think more." The colonel puts it with epigrammatic aptness and force, in the added remark, that "this sum was paid by the state, in eflfect, for the privilege of making a present to the con- tractor of the use of the prison water power." After such Napo- leonic achievements as this in the science of public plunder, it is hardly worth while to mention a little item in the evidence of the Rev. Mr. Ives, chaplain of the Auburn prison, who stated that cases had occurred, wherein, in consequence of the absence of some half dozen men from a shop for a fortnight (they being sick or under discipline), the contractors have claimed damages equal to the entire wages of all the men in the shop for a whole month, and, what is more, have recovered a considerable part of it. Nor is it worth Avhile to state the variety of devices, the fact itself is enough, whereby these gentlemen contrive to get numbers of their men on half pay, Avho are yet made to do full work. Our next inquiry is, how docs the contract system affect the discipline of the prison in which it may be found ? The first effect of this system is to place, for the whole work- ing day, all the prisoners contracted for, to a great extent, under the control of men with no official responsibility; men independ- ent, in a great degree, of the prison authorities; men who see in the convicts only so much machinery for making money; men M'hose only recommendation to the positions they hold in the pri- son is that they proved the highest bidders for the human beings hired to them. The second effect of the system is to introduce among the convicts, as superintendents of their labor, strangers to the prison, who are employed by the contractors as agents, foremen, instructors, and, in some instances, even us lal)orcrs; men utterly irresponsible; men selected with little regard to their moral character, and often without morals; men who do not hesi- tate to smuggle liquor and other contraband articles into the pri- son and sell them to convicts at 100 and 200 per cent., and even more above their fair market value. A third eH'cct of the system, at least in New York, is to set up in the prisons, " a power be- hind the throne greater than the throne;" a power which, by the 262 PRISONS AND REFORMATORIES OP THB J' f I \ t almost iinuniiiious testimony of prosunt aiul forinor prison officers in onr sttitc, is well nigh omnipotent, n power which ronxcs, briber, or tbrcatons, according to the exigency of the ca^e, in pursuit of its selHsh ondu; a power which mukes und unmnkes officers, im- poses nnd remits punishments through ngents it hns bent to its will, imd oven stoops to devices to get the poor prisoner who bus incurred its wruth into strnits nnd ditticulties, thut its revenge mny bo gratified by the sight of his punishment. Snvely, after such a recital as this, it will not be regarded as matter of wonder thut numerous witnesses, and among them thoso model wardens, David L. Seymour and Gaylord B. IlubboU, and that distinguished pri- son chaplain, tho Kev. John Luckey, attest by their outh that the contract system exerts a most demoralizing influence on tho disci- pline, and that, in tho New York State prisons, moi'o than half of all tho irritation, discontent, insubordination and punishment is due, ilirectly or indirectly, to its baneful influence. "We do not doubt that tiie influence of the system is worso in our state than in any other; but it is folt elsewhere as a power for evil. Thus, Mr. Seatoii, of Michigan, says in his communication to us: "Tho, contract system exerts an influence unfavorable to discipline; it is the source of continual strife between the contractors and tho convicts." Our only remaining inquiry as regards tho contract sj-stem is, how does it affect tho reformation of prisoners and their success- ful reabsorption into free society? Formerly, tho thought of reforming tho violator of law hardly entered the miaid of tho philanthropist, much less that of the men ■who were called to make and administer the laws of the states. The ban of society was upon him. Thrust away from public view, he was abandoned as irreclaimable, to tho mercy of men often more wicked thun bimself. The logical issue of this theory, and tho time policy of states on the assumption of its correctness, would be hanging for all offences. Happily, tliis cold, repulsive, cruel doctrine has been exploded. Experience has demonstrated the practicability of reformation even within the walls of a prison. It has brought thinking men to tho conviction that the proper object of prison discipline is to cure the bad hal)its of criminals, and make them peaceable and honest members of society; that is, to reform them; and this, to gain the broader end of preventing crime and insuring the safety of society. Such is tho present UNITED fTATEB AND CANADA. 26S theory, which wo bcliovo to rcb^ upon a foundation of reason and truth. But reformation docs not follow, as a matter of course, upon imprisoniucnt. It can bo effected only through a system of agen* cics, wisely planned and patiently carried out. These reformatory agencies arc, as wo conceive, chiefly the following: 1. Religion. — This, undoubtedly, is the first in importance, and tlio most potent in its action. But wo have sufficiently declared our conviction on this point in tlio sixth section of this chapter, and need not repeat views which were there fully sot forth. Wo will but add, in this connection, that religion is the only power that is able to resist the irritation which saps the moral forces of those men of powerful impulses, whose neglect of it has been the occasion of their being immured within prison walls. 2. Education. — This, carried to the furthest extent consistent with the other purposes of a prison, is a vital element in the refor- mation of the fallen. Education quickens the intellect, gives now ideas, supplies food for thought, inspires self-respect, supports pride of character, excites ambition, opens now fields of labor, and offers opportunities for social and personal improvement. What argument, beyond this statement, can bo needed to show the im- ])ortance of education as an agent in the reformation of criminals? 3. Hahit» of Indmtnj. — Labor, steady, active, honorable labor, id as much an auxiliary of virtue as it is a menus of support. It was an aphorism of John Howard, one of his most favorite maxims, "make men diligent, and they will be honest." And therein the great philanthropist was unquestionably right. Or^ if any doubt whether honest}' is tho necessary sequent of diligence, at least it will be conceded by all that the fallen cannot attain and retain this essential attribute, if they are not diligent. Hence work is tho only sure basis of an effective system of prison discipline. '• Unless prisoners acquire habits of industry', and a liking for some kind of labor," as Mr. F. Hill has observed, " little hope can bo enter- tained of their conduct after liberation." What ought, therefore, to be aimed at as a matter of prime, not to say supreme, import- ance, is the formation of fixed, permanent habits of useful labor. Good resolutions are well, as far as they go; but as a dependence for the future, unsupported by the habit of honest, useful toil, they will prove entirely fallacious. It will turn out with them as with sick bed resolves, which usually vanish with returning health. In her efforts to reform Newgate, Mrs. Fry's first exertions were 264 PRISONS AND REFORMATORIES OF THE liM directed to the introduction of useful labor. In like manner the societ}', of which she was the most distinguished and influential member, paid the salary of the first female oflScer engaged to teach the women needlework in the jail of Edinburgh. The reformed convict must support himself bj' work after his release. His labor will come into competition with that of the whole laboring com- munity. If he would succeed as they do, ho must toil as they do. He will have to be up as early, labor as unremittingly, continue as long at his w^ork, and be in all respects as regular in his indus- try as they, or he will find himself without employment, while he sees them occupied. All this he will never do, unless the lial)it is formed during his imprisonment. It is in prison that he miist be trained up in the way he should go. It is there that he must become accustomed to work steadily, diligently and strenuously from eight to ten hours a daj', just as other laborers do, or he Avill never be able to live by the labor of his hands amid the sharp and active competitions that exist among the toiling millions of Amorica. 4. The acquisition of a trade. Next to the habit of steady, un- remitted, persevering labor, the most important acquisition of the convict, as aii aid to self-support after his liberation, is skill in his occupation, a mastery of the business in which he is engaged, be it what it ma}'. The ranks of criminals, as we have seen, arc recruited chiefly from the class of persons who have no regular business, and especiiiUy from that class who have never learned u trade. To teach a convict a trade is to place him above want, that is, to remove from Jiis jiath one of the greatest occasions of crime. Make a criminal a good mechanic, and you have gone far towards making him an honest man. The true doctrine is, that all people should learn to help themselves. If they do not know how, the best service we can do is to teach them. A convict learning a trade is mastering the art of self-help. He focls that he is doing something for himself As a consequence, he h filled with hope; he is in better temper; his spirits arc cheerful and buoj-ant. This state of mind is in itself a reformative agency, and the man in whom it is found is much more likely to be moially improved by his incarceration than another in whom hope, alacrity, and cheerfulness, have been extinguished. And unless a prisoner acquire both the habit of industry and the knowledge of some handicraft, that is, the power as well as the wish and purpose to live honestly, he will be eure, sooner or later, to go back to his old criminal practices. UNITED STATES AND CANADA. 265 Now, the pursuit of the prisoner's reformation, through the agencies above enumerated, is a work in which time, and nt) little amount of it, is an essential element. It is at this point that the contract system infringes, with a crushing force, upon the great work: and too often the collision proves fatal to it. Contractors have no interest, per se, V) the reformation of prisoners. Their interest as contractors and«tho interest of the prison as a reforma- tory institution not only do not run in parallel lines, but they are rcpellant and antagonistic. Let any changes be suggested with a view to giving more time to the mental, moral and industrial improvement of the prisoners: for instance, that the number of religious services be increased; that the present fragmentary sys- tem of secular instruction be replaced by one more rational and effective, or that the convicts be taught a complete trade instead of such snatches thereof as are now commonly imparted. Sug- gestions of this sort would be sure to be met with the olijection: "The contractors Avould not agree to such an arrangement; they would not consent to such an abridgement of the convict's labor." Thus does this system of prison labor, by a necessary law, by an instinct of its very nature, oppose itself to all those great and vital foi'ccs of reformation, except the simple habit of industry, by which, if at all, the inmates of our prisons must be reclaimed, regenerated, and re-absorbed into the mass of upright, industrious and honorable citizens. Upon the whole, it is our settled conviction that the contract system of convict labor, added to the system of political appoint- ments, which necessarily involves a low grade of official qualifica- tion and constant changes in the prison staff, renders nugatory, to a great extent, the whole thoory of our penitentiary system. In- spection may correct isolated abuses; philmithrOpy may relieve isolated cases of distress; and religion may effect isolated moral cures; but genuine, radical, comprehensive, systematic improve- ment is impossible. SECTION TENTH. Finances. It is the occasion of no little regret to the commissioners, Ihat we arc unable to give much reliable information on this important subject, beyond what is contained in the preceding section rebiling to the prison industries. This inability is due to two causes. In 266 PRISONS AND REFORMATORIES OF THE the first place, the wardens of nearly all the prisons who responded to our printed interrogatories, w^ere entirely silent on the depart- ment of finance ; and, in the sec"»nd place, the matter is presented, in the annual reports, in a manner so complex, confused and obscure, that we find it, in the majority of cases, quite impossible to arrive at clear and satisfactory results. For instance, the warden of the western penitentiary. Pa., says : "For the last five years, the prison has been self-sustaining, with a snrplus, at the beginning of 18G5, of about $19,000." On turning to the prison reports for the three last of those j'cars, which are all in our pos- session, the balance, as fur as we can understand the financial exhibit contained in them, seemed to be on the other side. For one of said years (1862), we have an explicit statement of the inspectors, confirming this view. A committee of the State Senate was appointed in 1863 to inquire into the condition and manage- ment of the prison. They prepared a series of questions, to Avhich they required answers from the authorities. One of their questions and its answer were as follows : " Question 13th. What has'been the amount of yoxir expenditures in the last year, and the amount realized from different sources 7 Answer. In our last annual report, the item of subsistence of prisoners (for 1862) was $17,- 153.64. In same period there was realized by convict labor the sum of $14,622.73." This, of course, would leave a deficit of $2,530.01. It must be remembered, too, that, as in Pennsylvania, the subsistence of the prisons is a charge upon the counties, the salaries of the officers, which arc paid by the state, are not included in the above statement. This item for 1862 was $13,330.00, which gives a total of expenditures for that j'car of $30,483.64, and leaves a total deficit of $15,861.51 The manner in which the officers are apt to strain a point in order to place their finances before the public in as favorable a light as possible, is more than intimated in the communication made to us b}' Mr. Prentice, warden of the Ohio state penitentiary. To our question, "Is your prison sclt-sustaining?" he replies, "It is not." Q. "Has it ever been?" A. " The rtnuua? reports ^how that, at times, it has been fully and beyond self-sustaining." Q. " If such is the fact, why has it ceased to be self-sustaining ?" A. "The faet is not clear that it has ever been really so." It is to this over-anxious desire of prison officers to make the best pos- sible financial exhibit, that we attribute the involved and obscure methods so generally adopted in keeping the prison accounts. UNITED STATES AND CANADA. ! 267 The conipai'fttive cai'iiings and expenditures in the Ohio prison, as shown by the reports, for ten years, are as folhnvs ; Year. Earnings. Expenditures. 1855 $67,935 34 $64,017 95 1856 64,324 45 73,42140 1857 - 70,667 85 73,774 43 1858 62,700 76 79,850 90 1859 83,456 28 77,516 36 1860 - 97,905 60 97,610 26 1861 92,823 11 100,125 28 1862 73,07121 93,443 72 18G3 83,260 73 98,177 10 1864 85,264 96 103,309 17 Total $781,410 27 $861,246 57 The aggregate deficit for these ten years, it thus appears, was $79,836.30, or an average of $7,983.63 per annum. The average annual cost per prisoner for these ten years is stated at the enor- mous figure of $319.94, which seems almost incredible. The present building has been occupied since 1835. The aggregate earnings during thirty years, according to the reports, amounted to $1,58^,863.07, and the aggregate ekpenditures $1,500,639.07 ; being an excess of income over expenses of $86,224 The earnings and expenditures of the Charlestown prison for the last tAvelve years, omitting fractions of dollars, are as follow.s: Year. Earnings. Expenditures. 1855 $53,801 $67,759 1856 55,077 62,749 1857.. 53,599 68,297 1858 51,425 69,533 1859... 55,242 64,359 1860 60,317 57,706 1861 62,992 65,410 1862 43,951 64,656 1863 61,426 71,261 1864 56,206 83,709 1865 62,799 84,960 1866 ,. 81,709 80,868 Total $698,544 $841,267 2G8 PRISONS AND REFORMATORIES OF THE : The aggregate deficit for these twelve years is seen to be $142,723 ; the average annual tleficit, $11,893. In only two years Avas there a surplus of earnings. The title turned first in 18G0, only to recede again in 18G1. Again, it changed in 186(], and this time the change is likely to be permanent, new contracts at greatly increased rates having recently been made. Mr. Hayncs estimates that the expenses of the prison for 18G7 will he $100,000, and tho earnings $120,000; giving a clear profit of $20,000. The state prison of Connecticut, during the forty years of its existence at Wethersfield, has been more than self-supporting, •with the exception of three j'cars. The exception occurred during the progress of the late civil war, and was due to two causps; first, to the very high pi ice of every article consumed, and sec- ondly, to the fact that the labor of the convicts had been let for a term of years, prior to the general advance in prices, including, of course, labor as well as merchandise. During the first twenty years of its history, under the administration of Moses C. and Amos Pilsbury, the prison realized a clear profit, in round num- bers, of $100,000. What the surplus earnings have been since the younger Pilsbury retired, we are not informed. The financial management of the New Hampshire state prison has been, for a long scries of j'cars, eminently successful. In nine years preceding and including 1866, with an average number of prisoners rather under than over one hundred, the aggregate not gain to the institution from the labor of the convicts has been about ^20,000, or $2,325 a year. Only one year was there a defi- cit, and then it was only to the trifling amount of $471.68. It is probable that deficiencies would have occurred much more fre- quently, but for the fact that a portion of tlie prisoners are not let to contractors, but labor directly for the prison, in the maiuitac- ture of shoes and other articles, which are sold and thus increase its income. It is estimated by Mr. Mayo, the warden, that the profits of the penitentiary, during the financial year ending May 1st, 1866, had the contract system been discontinued, would have been from $12,000 to $20,000, whereas the actual gain was less than $1,000. The admirable financial results attained in the Maine state piison, sinro the abolishment of the contract system, have been stated ia tlio immediately proceding section. Many of the convicts in that piis(tn are earning for it not less than two dollars a da}', so wc ■were assured by the warden. UNITED STATES AND CANADA. 2G9 The prosperous condition, in a pecuniaiy view, of the Wisconsin penitentiary, has also been exhibited in the same section. Of the tinaiiccs of this institution, Mr Commissioner Cordicr holds this language: " The prison of tlie state of Wisconsin has been in ope- nition since 1851. My predecessors in office kept no account of llie earnings of the prisoJiers. I am, therefore, not able to say Avliat the average annual cost per pj-isoner for the last ten years, or for the whole period, has been. By considering the following (igiircs, however, we inay judge whether or n:)t the management of tiiis prison, under its present system of labor, has been economi- cal and profitable, and conducted to the best interest of the state. The Legislature has appropriated in all, for prison construction, improvements and current expenses, the sum of $525,82(). The present estimated value of grounds and buildings is $436,000; consequently, the actual cost to the state for the support of her convicts for fourteen years, would be only $89,826, or a trifle more than $6,400 per year. It should be taken into consideration tliiit the average number of convicts employed on productive labor amounted to only eighty per year; that we have been all the time without machinery in our workshops, and that, in short, this insti- tution is yet in its infancy. Under these circumstances, the results obtained are, I think, highly satisfactory." The average number of convicts in the eastern penitentiary, Pennsylvania, which is conducted on the separate plan, from 1855 to 1864 inclusive, did not vary materially from 375. Their earn- ings during those ten years, including the work done for the pri- son, which is always omitted in estimating the earnings in congre- gate prisons, amounted to $201,331. The expenditures, in the siune period, on account of subsistence, were 273,289, and for sala- ries, $178,705, milking an aggregate of $451,994, and showing an excess of expenses over income of $247,663. . , SECTION ELEVENTH. Se\tp:xces. . , ^ '. : , The just and proper duration of imprisoimient for a violation of the laws of society, is one of the most complex, difficult and perplexing questions in jurisprudence. The law usually ^fixcs a minimum and maximum for the period of incarceration; but there is for the most part, a broad interval ])etweenthe two extremes, so that a wide discretion — perhaps, upon the Avhole, too wide — is left to the courts in determining the length of each individual ii Jit J , f ( jM 270 PRISONS AND REFORMATORIES OF THE sentence. We have been informed by an eminent member of (he bar of Baltimore, now decea»ecl, that he had known a man to bo sentoncnd to the Mary hind penitentiary ten years for stealing a piece of calico, not worth more than ten dollars, and another niuti to be sentenced for only ten years to the same prison, who hud committed an atrocious murder. Surely, such inequalities arc beyond all bounds of reason; and they suggest the necessity, or at least the propriety, of confining judicial discretion within nar- rower limits in aiSxing the penalties to different offences. . Both on our tour of inspection, and in their written communi- cations, not a few of the wardens complained to us of these inequalities, as tending to exjusporate and disheai'ten prisoners, and thus to affect injuriously the discipline and reformatory power of the prisons. Mr. Rico, of Maine, observes on this subject. •* There is very great variation between the terms of sentence, awarded for the same offence b^' different judges, and even by the same judge at different times. Thus, two brothers, convicted of larceny undci" circimistances of about equal aggravation, were sentenced by dif- ferent judges — one of them for one year, and the other for six. Again, of four persons convicted of manslaughter, ' one has ten years, another five, another two, and the fourth only one; and yet the last is the worst case of the four." Mr. Cordier, of Wisconsin, says: "There is a great difference in the length of sentences awarded b}- different judges for the same offence. For instance, three men were convicted of foigery. One of them forged a check for some $3,000;. was found guilty; and, though this was his third offence, was sentenced to l)ut four years' imprisonment. The secorid forged a note for eleven dol- lars (his first offence), and was also sent for four years. The third forffcd a check for several thousand dollars on a bank in Milwau- kie, and was only sentenced to one year's imprisonment. Another illustration: Two men Avere convicted of larceny. One stole some clothes (his third offence), and was sentenced to six months' im- prisonment in the state prison. The other who had, up to the time of his arrest, borne a good character, attempted, in a drunken fit, to sell a saddle belonging to his employer; for which attempt, on conviction thereof, he was sentenced to two years' hard laboi' in the same prison." Mr. Haynes, of M.vssachusetts, on this question, holds the fol- lowing language: " One of the most perplexing matters is the UNITED STATES AND CANADA. 271 inequality of sentences; ciich of our judges appears to have a stiindard of his own by which he is guided, and a great diversity of opinion seems to exist among them upon this subject. I know it is impossible so to regulate sentences that equal and exact jus- tice will be administered in each individual case, as crimes of the same class vary so much in the aggravation attending them. I do not wish to be understood as favoring either of the extremes, but simply to point out the fact, and the influence it has upoii the discipline of the prison. To illustrate this point, I would refer to the sentences for passing counterfeit money, the aggravation in such cases being only in the amount passed, or in the reputation of the one passing it. "Of those in the prison at the present time for passing one coun- terfeit bill, the sentences vary from one to five years; for the passing of two bills, from two to ten years. We have one man here who plead guUty to passing three counterfeit five dollar bills, who was •sentenced to fifteen years; another who plead guilty to passing four twenty dollar bills, who was sentenced to but four years; one man, for having in his possession ten counterfeit bank bills, was sentenced to one year; another, for the same offcice, to twelve years. These men may work near each other, and, of course, learn the facts, and it can be easily imagined that great dissatisfaction would be engendered, and our discipline suffer in consequence. No logic can convince a man that justice requires him to serve fifteen years here for passing fifteen dollars in bad money, when his neighbor serves but four for passing eighty, everything else being equal. Scarcely a week passes that I am not appealed to in regard to such cases. It is in vain for mo to say that I am not responsible for it. Many of these men are friendless, and naturally look to me for advice and assistance." Dr. Campbell, of Pensnylvania (western penitentiary), remarks: " To the officers of the prison, who are unacquainted with the commission of the particular crimes, the length of the sentences seems very unequal. For example : " It is not long since that a prisoner was discharged after serving his full sentence of one year for horse-stealing; while to-day (Sept. 12th), three men were brought in under sentence of five years each for the same offence." The average length of sentences in different state prisons varies considerably ; the shortest average being in Wisconsin, where it is about two years, and the longest in Vermont, where it is nearly or quite seven years. In Massachusetts, the average duration of 271 PRISONS AND REFORMATORIES OF THB imprisonment Approaches six years ; in New York and Ohio, it does not vary much from three and a half ye^rs. The testimony of the officers of our American state prisons — so fur as we have any expression of opinion from them at all — is unanimous to the effect, that an imprisonment of ten years and upwards breaks doAvn, physically and mentally, the greater part of those who are subjected to it. Mr. Prentice goes so far us to say that nearly all such become monomaniacs. Among others, we put the following question : ""Which would be likely to be most beneficial to convicts, so far as their reforma- tion is concerned — sentences of moderate length, with the certm'nti/ that they must be served out, or sentences of greater length, with the /tope that they may be abridged by pardon?" We append a few of the answers. Mr. Rice, of Maine: "Sentences of moderate length, with the certainty that they must bo carried out, are much better than any others. Give a young man a ten years' sentence for a crime, com- mitted most probably under the influence of liquor, and it takes uU heart out of him ; whereas he would accept a five years' inipvi- sonmcnt philosophically, and make the best of his term. The chances of his reformation are, I think, much better in the latter case." Mr. Haynes : " Moderate sentences, with certainty, are the best." Mr. Prentice : " Short sentences, and no pardon, are better than long sentences, and hopes." The Rev. Mr. Douglas's, of Vermont : " Short sentences, and no pardon, are much better than the other plan." Mr. Miller, of Missouri : " I think that shoj-t sentences, with the certainty that the term must be served out, would bo more bene- ficial, especially to young convicts, than the other plan. But I am not in favor of a system that shuts out all hope of pardon, as implied in the former of the two alternatives propounded. I have found the hope of pardon to have a powerful influence for good in making prisoners do well and continue to do so, hoping theroby to make friends, who raa^' speak a word in their favor at some future time. My own opinion is, that the only restraint necessary (if there be any necessary), to be placed on the pardoning powci", is to require the governor to refuse a pardon to jdl who cannot pro- cure a certificate of good conduct fi'om the warden. I found this plan, voluntarily adopted by Gov. Gamble and Gov. Hall, to be of great service." UNITED STATES AND CANADA. 273 It will huix siGU observed that, in the judgment of state prison ofliccrs, moderate sentences, carried out with certainty, are prefer- jihlo, as an agency in reformation, to longer sentences, with the hope of iwrdon constantly agitating the breast of the convict, and ex- hmisting those energies which ought to bo given to the work of his own amciulinent. The great majority of state prison sentences arc as long as it would bo desirable to make them; prol)ably not a few are quite too long. Thus, of the 518 convicts received into the Massachusetts ptate prison in 18(50, no less than 293, or nearly four-fifths, Avere sentenced for live years and upwards; 135, or nearly one-fourth, for ten years and over; and the astounding number of 42, equal to onc-tifth of the whole, were sentenced for life ! Of the 1,45(J admitted into tlic male state prisons of New York for the same period, 37G, nearly one-fourth, Avere sentenced for five years and over; while 119, about one-twelfth, were im- prisoned for ten years and upwards. But there are other classes of prisons — the houses of correction or penitentiaries and county jails — in which the major part of the sentences are far too short either for the good of the prisoner or the welfare of society. The undue brevity of sentences is matter of complaint in other countries. Thus, we learn from Mr. F. Hill's work on Crime, that the average period of imprisonment in Eng. land, in other than the penal servitude prisons, is about fifty days, and in Scotland about forty; while in the prison of Edinburgh, the greater part of the prisoners remain less than 14 days 1 Even this last statement is almost paralleled by what happens in the Erie county penitentiary of our own state, where last year, out of 1,768 persons committed, 1,149, uearly-tAvo-thirds, were sent under sen- tences of thirty days or less. In the Monroe county penitentiary, and probably also that of Albany, if the convicts sent from the District of Columbia are excepted, the average length of sentences is about four months. In the county jails, the average does not exceed much, if at all, two months; and in the majority of cases, the sentences are for only n few days. The class of prisoners known as "revolvers," that is, who are returned to prison almost as soon as they arc discharged, is very numerous. There are criminals, or, more properly perhaps, misdemeanants, who are committed to the penitentiaries and common jails of New York, ten, fifteen, twenty times a year. On our visit to the jail in Kings- ton, Canada, we asked aji old woman whom we saw there, how [Assem. No. 35.] 18 274 PRISONS AND BEFORMATORIES OF THE many times she had been in jail? "Oh," snitl Hhc, " the times nic uncountnl)h>,'" The insufficiency of these short terms of iniprisonnient, how- ever often repeated, to produce any permanent good cfl'ect upon tho character of the imprisoned, nmst he apparent on the lenst reflection. On no 8»d)ject are tho superintendents of prisons nioro gcncralh' agreed, or more earnest in their convictions, thanonthc^ utter futility and Avorthlessness of such imprisonments. Ami Avith trood reason do thev so believe and hold. For 1. Those short periods of continemont have the effect to demorab'ze tlie prisoners and make them reckless of punishment. Indeed, Iho chief tendency is, through the temporary check put on their pas- sions and tho vigor received from wholesome diet, to stinudatc their criminal propensities and impart increased power to do mis- chief on their discharge. 2. They liave, and in tho nature of thinijs cannot but have, a discouraging influence on tho officer!?. Their effect is to weary out the very lieart, from utter despair of doing the prisoners au}'^ good, making them callous and indiilVr- ent to their condition, and exhausting, on a round of petty ant' useless services, the strength and spirits which are required fov more important duties. 3. The indirect expense to society, occa- si(med by these continual re-ari'csts, prosecutions and convictions, and still more in the amount of property stolen in tho intervals between the imprisonments, is enormous, and may well ploud for a change in the system. 4. Tin; practice of short imprisonments is fatal to anything like reformatory treatment. It is impossible even fairly to initiate a reformation during u detention of a few Aveeks or months, to say nothing of carrying it out to its normal results. The first thing necessary to change tlie modes of thought and feeling in a criminal, to improve his habits, to elevate his character, and' to make him an honest man, is, that he be certain that he is cut off for a considerable length of time from his former associations and practices. If he bo sentenced to an imprisomnent of but a month or six weeks, or indeed any- thing short of six months or a year, he Avill not give a thought to any change in the plan and habit of his life; he will thiidc only of the number of days that nuist pass away before he can be restored to his old lil)erty of action. We are, therefore, of the opinion that such a reform in our criminal laws is necessary as Avill, on subsequent convictions, raise the nuiximum of punishment, and that by great advances. When a person, by repeated petty UNITED STATES AND CANADA. 275 otlonscs, evinces a proclivity to crime, his term of imprisonment ^hr)ul(l be made so long that idle and vagrant luihits may ho broken up, and replaced by habits of industrious and steady liibor. We look upon sentences of considerable length as abso- lutely essential to tin reform.i^ion of prisoners, while short ones wc regard as not useless merely , but as having a decidedly mis- ( liievous tendency in many ways. r)Ut this whole question of prison sentences is, in our judgment, one which requires careful revision. Not a few of the best n»inds in Europe and America have, by their investigations and reflec- tions, reached the conclusion that time sentences are wrong in principle; that they should I>e abandoned; a^rtT that reformation sentences should be substituted in their place. Among the advo- cates of this view, abroad, we may mention Mv. Conunissioner Matthew Davenport Hill, for nearly thirty years recorder of Bir- mingham, and one of the ablest criminal judges of Great Britain; .'.11(1 his brother Frederick Hill, for many years inspector of i)risons In England and Scotland, and the author of a judicious and valu- able treatise under the title of "Ci'ime: its Amount, Causes, and Kemedies," Mr. Commi-ssioner Hill thus delivers himself on this subject, in a charge to the grand jury of Birmingham, in 1855: "Gentlemen, if you desire, as I most earnestly do, to .see this principle [that of allowing convicts to earn a diminution of sentence by good con- (liictj universally adopted, you must be prepared to strengthen the hands of government, by advocating such a chanjfo in the law as will enable those who administer the criminal justice of the country to retain in custody all such as arc convicted of crime, until they have, by reliable tests, demonstrated that they have the will and the power to gain an honest livelihood at large. You must l)e content that they shall be retained until habits of industry iU'o formed — until moderate skill in some useful occupation is iioquired — until the great lesson of self-control is mastered — in short, until the convict ceases to be a criminal, resolves to fultill Iiis duties l)oth to God and to man, and has surmounted all obsta- cles against carr^'ing such resolutions into successful action. But .s no training, however enlightened and vigilant, will produce its intended effects on every individinil subjected to its discii)line, '.vhat are we to do with the incurable? Gentlemen, we nuist face this question; we must not flinch from answering, that we propose to detain them in prison until they are released by death. You 276 PRISONS ARD REFORMATORIES OF THE keep the nxiniac in a priHon (which yoii cull an uoyhnn) uiidor f^iniiliir condition'^; you guard agaiiiist his cHcapc until he is taken from you, either because he is lestcu'cd to sanity, or has deparlcd to another world. It', <;entlcnieK, innocent niisfortiniu may and must he 8o treated, why not thuf. deal with incorri«fil)Ic depravity? This is a ({ucstion which I have asked times out of number, with- out ever being so f(»rtunate as to extiact a reply. It is uhv(iy>, tacitly assumed that imprisonment nnist not he perpetual; hnt whether that assumption is founded on any reason supposeility of pcrpetmil imprisonment is rested on the present state of public sentiment, I have seen too often the change from wrong to right in that mighty power, Ic despair of its becoming an ally instead of an opponent. It is my belief that if long terms of imprisonment, even to perpetuity, were placed before the public mind as indissolubly connected with the privilege to the convict of working out his own redemp- tion from thraldom, by proving hin)solf tit for liberty, it would require no great lapse of time to produce the change in opinion which I contemplate. Alarm on the score of expense ought not to be entertained, for two reasons. First, because no unreforniocl inmates of a prison, however extravagant its expenditure may be, cost the comnumity so nnich as they would do, if at large. This fact has been so often proved that I nmst be allowed to assuuK; it as undeniable. But the second rcas(>n is that prisons may be niade either altogether, or to a very great extent, self-supporting." The charge, from which the above extract is taken, provoked it very general discussion in the public press of Great Britain. Most of the proniincpt pjipers of the realm had leading articles on the subject. The London Times thus expresses its judgment: " Wc believe it will be found the cheapest and uiost i)olitic course, as well as the most humane, to leave no stone unturned to bring about the reformation of the criminals, and not to disc/ian/e Ihou upon aociety until they are reformed. h\ desperate cases, avc must even acquiesce in the conclusion of iniprisonmcnt for life."' Tlie Spectator, one of the ablest and most influential journals in Eng- land, emphatically indorses the view of Mr. Hill and the Timo>*. UNITED STATES AND CANADA. 277 "Their ilctcntion," it oh.seivos (that is, tho (Ictontioii of criiniiials till their cii !•(!), "would )>t' jiistifiod M|i()n tho sumo ;;r<)mul.s llmt jiistily ihe detiMitioii of the insane. Afs l(»ne in Mafo cuntody. A» ««)<>'> an they have ceased to bo eriniiuidly disposcti, and become (liMi)oscd, like ordinary people, lo earn tlicii llvclihotxl in an honest way, they are cured of their in>;ini(y, and may nuMy j;o at iar^ze." The same paper <(ocs on to say: "The conclusions wliich uc arc enforcing havo been conceded, weighed, yet aside for after- tlidiight, re-examined, sifk'il, reduced to their best working form, iind at last consistently advocated b}' some of tho most influential men of all parties, in this country us well as in France. )Vc havo had meetings on the continent and in England; and within tho liist fortnight, besides tho conference of tho friends of reformatory iliscii)linc at Birmingham, we have had Mr. DeniQlz, of Mettray, addressing friends at Bristol on tho subject, and an aduurablc tuldre is by Mr. M. 1). Hill lo the grand jury at Birmingham. By Ocgr.cs, no doubt, these earnest, consistent jmd laborious reform- ers are gaining ground; they havo established their case clearly on the grounds of logic and practical experience ; they aro obstructed by nothing but that inherent laziness, which continues tho influence of bad laws in keeping up tho number* and force of the criminal part of the population. It is thus shown as clearly !isit is possible to establish an}' social fact, that, monsters and acci- iloiits excepted, we nnght cut otf the larger part of the supply of criminals, and remove the large portion of permanent criminals from society; but .society, too lazy to go into tho detail, unwilling to take tho rcsponsil)ility Mhich a conviction thus worked out could alono justify, again compromises the question with adult as well as juvenile otTcndors. and in lion of detaining the culprit until he has proved his cine, decermlncs that he shall be sentenced to an imprisonment for a definite period, as if we said to a man laboring under insanity-, or under any infectious disease, you shall go to tho doctor's for two months, then to be driven forth upon society, cured or uncured." Tho following extracts from Mr. F. Hill's work on Crime will show tho views entertained by him on this important question: "The leading principle of the criminal law of Britain," he observes, " like that of most other countries, as I understand it, is lo deter from crime by awarding punishment for different offences, in pro- portion to their magnitude. The objections to this principle l!l> I ill .ill ! il ? i! t; 1 M ' . " i : ' i i ■ i urn , -■■ f '--i _ , ||! i 278 PRISONS AND REFORMATORIES OF THE appear to be insunnountable. It is impossible to carry it out witii auythiiijr like accuracy, o^viiig to the infinite variety of circuin- stanccfj Avhicli increase or diniiiiish the guilt ajjpertaining even ti the very same act, or whicii. indeeil, make the commission of |. coniparativel}' small ollbnce really more culpable, sometimes, tli.'ii'. that of a great oftence. * * * But even if it were possil)lo to draw up a list of oHences according to their real turpitude and their injury to society, and to pi-cpare a corresponding scale of punishment, it appears to me that it would not be wise to act on such a system. The ol)ject of punisjiment being the prevention of crime, that punishment cannot be well fitted for its [)urpose Avliicli. after its infliction has terminated, allows an offender to be.let loose again on society Avithout regard to the cause of his offence, or tlio fact wlielhcr such cause has been been removed. * # * # j maintain that the natural consequence of crime, in the withdrawal of the offender from the privilege of mixing with societ3% which Jio has al)Used, and his confinement until he be safely restored, more fully carries out this principle of punishment than almost am other plan that coidd be proposed, for in proi)ortion to the lengtl. of the habit of crime and heinousness of the offences conunittod, would, in general, be the period necessary for eficcting a cure, tuul consequently the duration and amount of the punisluncnt. "AVhelher, therefore, we try (o suppress crime by the mere inflic- tion of punishment according to the number and magnitude of tlu offences committed, or whether we try to stop it by cin-ing tlu' criminal, oi'. where com[)lete cure is impossible, by improving lilm to the greatest iiossible extent, the natural and self-re<»ula(iiiu punishments which God has instituted and pointed out ap[)ear tc be the best and most accurately adapted for securing that llic amount of punishment shall be in proportion to the offence com- mitted, "But who is to determine the fact of cure, and who the precise means by which a cure is to be «'flected? I would submit that those only are fully qualified to do this who are entrusted with the charge of the oll'ender ; who have time to study his cliariiclcr and to watch the effect <»f th(! different influences brought to Iitiii' upon him in the formation of new habits; and who have opijoi- tuniiicsof gradually lelaxing the .-ysteju of discipline and of Irv- ing the new powers of their nuiral patient to resist those tempta- tions to which lu' would be exposed on his return tc society. " >io one thiuks of sending a madman to a lunatic asylum tor a UNITED STATES AND CANADA. 279 certain mimbor of tluys, weeks or months. AA"c content ourselves with ciircfiilly ascertaining that he is unlit to he at large, and that those in whose hands we are about to place him act under duo inspection, and have the knowledge and skill Avhich afford the best liope for his cure ; tliat thej' will be kind to him, and inflict no more pain than is necessary for his secure custody and the removal of his malady ; and we leave it for them to determine when he can safely be liberated. "Perhaps it may idtimately be found, hy cautious experiment, that a somewhat siinihu- process may be safe and expedient in the treatment of criminals ; and that while it is still left to the courts of justice to determine on the guilt or innocence of the accused, ;uk1 on the necessity of their withdrawal from society, it may be u-is'.<■ \ 282 PRISONS AND REFORMATORIES OP THE m 1^ can prisons as at i)vo.seiit admiiiistorcd ; Uu(, despite our diligciuc, tliejnl'onnation ohfaiiied was rather meaure than otherwise. Tlie reformatory inthit'nees bronirht to hear on the conviels, arc the usual religious serviecs of the Sabhath ; Sunday-school inslnic- tion in some prisons ; a certain amount of pastoral labor, wheic resident chaplains are employed; tlut pi-ison libraries; a eerl'iiii degree — amounting in general to a nuM'e modicum — of secniar instruction by teachers ; the influence of hope, so far as that eli'- ment is supplied by (he coiimuilation laws of such sfalcs as liavc them: in a few prisons, the philanthropic lal)ors of volunteer ■workers from outside; the distribution of religious tracts ami papers ; the Bible furnished to every convict, Avho is willing li) receive it ; regular labor ; the trade tauglit, alas, to butver}' few : and, in the majority of prisons, kind and humane treatment, espe- cially by the higher officers. The following is all the statement •we are prepared to make on the subject of reconvictions. In Massachusetts, the percentage." of reconvictions, as reported to us, is about thirteen ; in New Hamp- shire, five ; in Ohio, six and an eighth : in Pennsylvania, western penitentiary, fourteen ; and in Wisconsin, live and a tenth. "We have no information on this [loint from other prisons. But litlh; reliance, for practical conclusions, we api)rehend, is to bo placed on the statistics here exhibited. Crinn'nals in the United States are continually changing their jurisdiction, so that of the numbei- of inmates in a given i)rison at any given time, it is impossible to know how many who are first comers there, may have been imjjri- soned elsewhere one. two, or more times. Add to this, that just in proportion as we are distant from the period of the first crime, it becomes difficult to prove t'>c rcconnnittal ; and the difficulty is inci'cased Avliere men chauire their abodes incessantly, Avheri- no records are kept, and especially wheie one prison administration is so frequently rejjlaccd l)y another as is the case in many of our prisons. There are, therefore, many sources of fallacious infercnei" from statistics of reconvictions in Ameriean prisons, however the case may be in other countries. Still, there can be no doubt that the proportion of reconnnittals is less in the United States than it is in most European countries. On this sid)ject, Mr. Connnissioner Hill, ill a letter to the secretary of the IVison Association, say.> : "We caimot boast of so small a [)roi)ortion of relapses as in your prisons ; the difi'erence is, indt'Ctl. enoi nious ; but you will permit me to doubt whether your superiority is due to your prison dJi- UNITED STATES AND CANADA. 283 ciplinc. I may l)o mistaken, but I cannot attribute it to such a tauso. To me it appears that you oAve it to the unspeakable advantii^e you have over us in tlic hiu'li value of labor, skilled and unskilled, in the United States. Your prisoners, after discharge, can maintain themselves by honest means, "witlj far less difHcully than is encountered by ours ; who, when they go forth from the prison gates, have to encounter a severo struggle, lirst to obtain cini)loyment, and then to keep it. These ditKeulties are, I ti'ust, diminisliing ; but they are still such as to nudce the disposal of our prisouers a work of trouble and anxiety." As regards the evidences of reformation shown b}' convicts, avc have but little testimony; and that little is not J)articularly satis- factory. INIr. Willai'd, of Connecticut, s.'iys: " Some convicts, when discharged, exhibit good ])roofs of reformation; l)ut tiio majority give none.*' Mr. Seaton. of Michigan, remarks: "The casos of reformation are few and far between." Dr. Campbell, of Pennsylvania (western penitentiary), observes: "Very little evidence of reformation is given by convicts either before or after discharge." Mr. Prentice, of Ohio, testities: '-Many" — the proportion, howcA'er, is not stated, and therefore wo cannot judge of the value of the testimony — "many, when discharged, i-eturii to their homes, and engage in the pursuits of honest industry. Their conduct is generally good." Mr. Cordier, of Wisconsin, gives an attestation of nuich interest. lie says: " Tho.se f)f our discharged convicts whom I have met" — and it will be remem- bered thiit, in his travels through the state, he fell in Avith num- bers of them — "were Avorking at their resi)ectivc trades; they Avere sober, honest, industrious men, and had the full Ci>nti(lencc of their employers." This testimony is highly gi-atifying. Wo are the less surprised at it and the moi'e ready to put faith in it, i-'iiK'Q Ave know that, besfides the use of other important I'cforma- tory agencies, it is made a s[)ecial [joint in the discipline of the Wisconsin prison to impart the full knowledge of a trade to every convict Avho remains long enough to acquire it. From A^ermont, Ave have no general statement concerning the reformation of pri- soi.ers: but au isolated fact has been comnumicated to us, at once so interc>tineen made toward procuring situations for released convicts '* — "I have done nomdldnff towards procuring situations for discharged convicts " — " no special person is appointed to aid discharged convicts in obtainiuiT work; officers sometimes interest themselves to this end'" — such is the t>Mior arid such the form of nearly all the answers received on tiiis point. They show that, in the case of most of the state prisons visileil, either nothing at all is done, or nothing on system, nothing eU'ective, to extend to prisoners, after their release, the heli) most essential in their struggles towards an honest lite. In oidy four states is such aid given systematically and to purpose. These arc Pennsylvania, New York, Massa- chusetts and California. In the lirst named of these states, this duty is performed by the riiiladelijliia Prison Society, the oldest and most venerable oi-gani- zation in America, looking to the relief and reformation of prison- ers. The ■inodns opcraiuli of their work wc learned from their secretary, ^Ir. John J. Lytic. The society has a connnittee oJi discharucd convicts, whose duty it is to visit every convict in the eastern penitentiary previous to his discharge, and to ascertain from him his necessities, the state of his clothing, where he pro- poses to go when liberated, what are his wishes, pros[)ects, plans, ifcc, ifec. Having thus gained the needed information, the com- mittee proceed to another part of their duty, that of action. They furnish the prisoner, when necessar}', with suitable clothing; procure railroad tickets to send him to his friends, if he so desire; obtain employment for him, if he wishes it, and it is practicable; and, in general, give such counsel and assistance, as seem suited to his need. Every convict in the jirison, on the eve of his lil)era- tion, had been, during the year preceding our visit, thus iuteiro- gated, advised and aided, according to the exigencies of his indi- vidual case. UNITED STATES AND CANADA. 285 The Prison Association of Now York performs a similar service for iliscli.'irged convicts in this slate. The general agent of the society, under the instructions of the coinmittec on discharged oon- victs, receives such prisoners on their lil)erati()n as need and desiro his kind ofKces; furnishes needful clothing to the deserving; pro- cures temporary board in respectable families for such as require it, taking numbers of females to his own hoiise, to whom his wife ])erl'orms the ofKce of matron; ol)tains situations for them; pur- chases tickets or gets free passes on railroads for those who desire to return to their friends at a distance, or go to work in the coun- try; provides tools for such as are comptentto start in business for tlieuiselves, and can be trusted to that extent; and [)crforms other otlices imnnnera1)le of kindness and philanthio[)y to this and other classes of the fallen and unfoi'tunate, particularly those arrested aad lu'lil tor trial, for whose benelitthe Association was organized. Ill this way the society has, during the twenty-two years of its existence, provided permanent places for 3,G77 liberated prisoners, being an annual average of 1()7| persons. So far as these persons could bo traced, after coming under the care of the Association — and correspondence has been kept up with u large proportion of them, sometimes running thiough a series of yeai's — they have, almost to a man, done well. AVc cannot learn that more than three per cent, of the released prisoners so cared for and so aided, have ever relapsed into crime. Some of them have risen to emi- nence and acquired Avealth as merchants, manufacturers, master mechanics, members of the learned [)rofessions, &c.; while the mass, with growing families around them, have been and are earn- ing an honest competence in the humbler walks of life. Of all the states of the American Union, Massachusetts alone has established a "state agency for discharged convicts," and em- ploys a public officer, whose duty it is made by law " to counsel such discharired convicts as mav seek his aid, and to take such measures as he may deem proper and expedient to procure emplo}-- niciit for such of them as may desire it, by corresponding with jjcrsons engaged in agricultural and mechanical pursuits, and with benevolent individuals and associations.'' His general method of procedure is as follows: Being oHicially informed when such and such convicts are to be liberated, he visits them in prison some time previous to their discharge. In the interviews thus stnight and obfiiined. he learns something of the history of the men, their condition in the past, whether or not they have homes, and if so, 286 PRISONS AND REFORMATORIES OP THE where, uiul what arc their wimts aiul winlios, Avhcrchy hi' is the better ai)lo to devise lit means for their relief and assistance. IIu inqjiircs Avhetiier they desire liini to tind situations for them, or to aid them in any oilier way, and if tliey want places, in wjiat part of the country and at what business. He directs (ivery one who wishes his help to call at his olHee, in Ihe eity of Boston* on leavinj; the prison. In the meantime he exerts himself, by cori-es- pondeneo and otherwise, to meet ilieir desires and provide for their necessities. The warden of the Charlostown prison, in one of his annual reports, slates that tlie agent has never failed to find, for every one who asked it, employment at the Avork he avIsIkmI, A cal)inet maker of Boston declared that he had employed from forty to fifty discharged convicts, whom he knew to have learned their trade in the prison, and that he had never found it necessary to dismiss one of them for bad conduct. The i-esults of this iiuciu-y for discharged convicts are most encouraging. They show lliat most of the prisoners, when discharged, are enabled, through the otter of employment provided by the agent, to resist the tempta- tions to idleness- and crime, by which they are assailed, and so tp become industrious and good citizens. Surely, in this view, they otter an example well worthy to be studied and imitated by other states. The legislation which provided such an agency to aid in the recovery and restoration to virtue of fallen men and women cannot bo regarded otherwise than as both considerate and merci- ful, and as no less wise than it is bcneticial. Although California, for obvious reasons, was not included in our visitation, it may not be iini)r()per to mention, in this connec- tion, that a society has been formed in that state on the model of the Xew York Prison Association, under the name and title of the "California Prison Commission." A like attention to the interests of discharged prisoners is given b^- the younger as l)y the elder of these oro-anizations. The secretary and agent of the commission, the Kev. James Woodworth, in his first annual report, mentions several interesting cases of discharged convicts, Avho were relieved by the society. lie adds, in a general way, that foi'ly-nine per- sons of this class had been sent l>y him from San Fraiiciseo to various points in the interior, where they had a prosiK'ct of work, and fourteen provided with places ihrough personal elfort by him- self. This officer further says: 1 am conlldent that many have ficen srreat cause for thankfulness in our ettbrtsin their behalf, and I feel very sure that the moral power exerted over many by the UNITED STATE3 AND CANADA. 287 Commission, through its agents, in the counsel he lias given thorn jintl the kindness ho 1ms euileiivoi'od to show theiu, has been great, and Avill ho histing in its etleets upon them." It is much to 1)0 rogi-etted that so little interest is felt, and so little eltbrt made l)y the connnunity in general, in belmlf of eon- viets who, having served out their terms of imprisonment, have * Iteon restored to freedom. It seems to us tiiat there are few obli- gations bearing more heavily on society than that of making sys- leniatie and adeijuate provision for the encouragement of discharged convicts. Very few of these men, Avhen they leave prison, have any means of support, except the ability to labor. Going forth into the world, in the majority of cases with u mere pittance of funds, and in all with a taintc.d name, o))jects everywhere of dis- trust and aversion, however good their resolutions (and not a few have formed such), they liiid it exceedingly dithcult, when no help- ing hand is extended to them, to obtain honest employment. Enforced idleness Avill, in the natural course of things, lead to bad company. In such company, all the inducements to crime will again bo spread before them, Avhcn they have no virtuous friends whoso advice and example may shield them from temptation. Will it be matter of wonder, is it not rather within the compass of reasonable expectation, that they yield to such temptation? If, then, society would complete the cure of its criminals, which has been begun in prison, it must not refuse its sympathy and aid on their liberation. Everywhere, meet assistance should be rendered cither directly by the government, as in Mussachusetts, or indi- rectly by voluntary organizations, as in Now York, Pennsylvania and California. The citizens of any state, who refuse the needed aid, are false to themselves, as Avell as derelict to a high social duty. They betray an important interest of society, and may be called to answer for a brother's blood. As to tracing convicts after their liberation, with a view to ascertain the eft'ect of the discipline to which they have been sub- jected, this appears, scarcely anywhere, to bo regarded as a duty. The general report is : "No elFort is made to keep trace of prison- ers after their discliarge.-' Upon the whole, as the result of our observations, and Avith a .-jincere desire to do injustice to none, we are constrained to avow the opinion, that there is not a state prison in America in which the reformation of the convicts is the one supreme ol)ject of the discipline, to which everything else is made to bend, and 288 PRISONS AND REFORMATORIES OF THE w I which tlio whole .'uhTihiistrntioii, in all its arriinjjomcnls, is in- tendiMl to iidvimco. Tlu) eastern penitentiarv, nt Pliihulelphia, prohahly, comes the nearest to that design, considering not only what is done hy the i)rison anthorities tliemselves, hut also IJu; ofiicial eonneiUion of th^ PInladelphia Prison Society Mith tlie institution and its systematic and earnest labors tor the nu/ral amendment of the prisoners. Massai'husetts and AVisconsin, we thinJv, would come next, liut neitlier of tlie thre(>, in ourjudir- ment, makes the reformation of its inmates tlie primary and lead- ing aim. In the tirst named, the deterrent clement ia, as we con- ceive, designedly made the prominent one ; and in regard to the other two, to prove that rcforn»ation is not their one great and controlling end, it is enough to rel'er.to the coiinnon report received from them and others, and just cited, to the ellect that no ellbrts are made to keep track of tiieir convicts after they have left them ; for, surely, some little exertion would he put forth to ascertain liow far their chief design, the supremo object of all their plan.^ and toils, had taken etlect ; and this could only be learned fion; the conduct of their Avards after they should have boon set at liberty. Among the witnesses examined b}' the Prison Association com- mission of 18()6, was Mr. Benjamin Lcggctt. This gentleman, hy a rare good fortune, has served as an under-ofHccr in Sing Sing prison from 1831 to the present time, Avith interval not amount- ing in the aggregate to more than six or seven jcars. Of the thirteen administrations, numbered in the history' of the prison, he - has been connected with ten; and his unprecedented retention ir. the service is due to his rare merit as an officer. lie has seen much, observed closely, and formed his judirments Avith cahnness and candor on the facts which have fallen under his notice. The following questions and answers occur in his examination: " What do you conceive to be the primary object of prison discipline?" "The reformation of prisoners," "Do you think that our slate jjrisons in New York are conducted with a prime regard to reformation?" "I do not." "Whatis, practically, the end in view?" "I should think the view was to make the prison pay its Avay." This is a mild statement of the case, and shoAvs the caution of the Avitness. In reality', the view is, not only " to make the prison pay its Avny," but to show as large a surplus revenue as possible. In the execu- tion of the duty avIiosc results Ave are now reporting, avc have had |i UNITED STATES AND CANADA. occasion to road huntlrctia of prison rcports'ancl other documents r'' lilting to prisons; and there are few of them whoso perusal has not caused us pain. One string is harped upon, ad naiifteam — money, mono)', money. This crops out everywhere, In executive mes- sages and the reports of wardens, boards of inspectors, legisla> tivo committees and special commissions. To bring the prisons to the point of self-support, to secure net profits from convict labor, to make financial e\hil)its that will gratify the public craving for such profits — this seems to be the supremo object of all (except the chaplains and physicians) connected with their administration and sharing its responsibility. The directors of a bank or a rail- road could hardly be more anxious for largo dividends than theso gentlemen are for good round incomes from the labor of their prisoners. Where one word is spoken for reformation, hundreds arc spoken for revenue. Do Ave blame these officers for their anxiety? Far from it. It is but natural that agents should wish to please their principals. It is the public that is to be blamed. It in the public that demands such financial exhibits from those whom they have put in charge of their penal institutions. It is the public that exacts balance sheets, in which the credits shall exceed the debits to the greatest possible extent. General Pilobury has presided over two prisons in succession for a period of nearlj' 40 years; and during that time his clear profits from convict earn- ings, with but a moderate number of prisoners, have amounted to nearly or quite a quarter million dollars. The General has mani, fold merits as a prison superintendent, but with the public his halance sheet crowns all the rest. Ninety per cent of his prison- ers reformed and restored to society honest men, with the quarter million in the other column, would have made him less of a hero with the multitude than he is to-day. And yet his actual record leaves that very multitude poorer by many millions than would the record we have supposed. (Jan Ave Avonder that prison officers should be so eager to shoAV striking financial results, or blame them for their eagerness? They are human, like the rest of us; but they Avould be more or less than human, Avere it otherwise. When HoAvard Avas on his tour of prison inspection on the con- tinent of Europe, he found at Rome, as a part of the grcjit hospital of San jMichele, a prison for boys and young men, Avhich equally surprised and interested him. Over the door of this prison Avas placed the fblloAving inscription: " Clemens XI, Pont. Max. Perditis [Assem. No. 35.J 19 m \\ soo I'RISONS AND REFORMATORIES OF THE Adolesccntibus corrigomlirt instilucnUisque, iit qui inortos obcrant, iiistriicti, Kcipuhliciu soiviant. An. Sul. MDCCIV, Ton. IV." In English: " Popo Clement XI. For the conviction and instruc- tion of profligutti youth; that they who, when idle, were injurious, iniiy, when instructed, 1)«? useful to the state. 1704." And within the ))rison, in the principal apartment, ho finind this (as ho says) ''admirable sentence:" " Parum est eoercoro improbos paMia, nisi probos efficius disciplina." In English: ''It is of little use to restrain the bad by punishment, unless you render them good [reform thcmj by discipline." " In which" [sentenoo], says tho illustrious philanthropist, "tho grand purpose of all civil policy relative to criminals is expressed." In tho centre of tho room was hung up the inscription, "Silentium;" so that, as would appear, the silent system of associated lai)or, combined with a reformatory diaciplino, was fully inaugurated in Komc, in tho very beginning of tho eighteenth century; that is, more than 150 years ago, On(^ of tho main agencies relied upon to effect tho desired reform of the young prisoners was steady, productive labor, and imparting to them the knowledge of a trade; f<»r various handicrafts Avere taught in tho establishment, such as printing, book-binding, de- signing, smither}', carpentery, tailoring, shoemaking, weaving, dyeing, and the like. Surely, Pope Clement XI must bo allowed a place among tho most enlightened rulers and reformers that adorn the annals of our race. On some points, tho world might still go to school to him with advantage. Howard's opinion as to the importance of making the reforma- tion of criminals the special and -primary object of prison dis- cipline, is clearly enough indicated in liis remark, above cited, on the inscription in tho prison of San Michcle. But he has declared his conviction on this point more fully, if not more explicitly, in numerous passages of his published wiitings. We transcribe one or two such passages from his works. On the reformatory char- acter of penitentiaries, he remarks : " Many have been reclaimed and made useful members of society in foreign houses of correc- tion, and have thanked God for their continement in them. Tiicso houses arc called in Holland verheter huize.n, that is, bettering houses ; and the settled object, in all such houses, should bo to make men better, at least more useful su))jects." On the com- parative value of reformation and pecuniary gain in a prison, he has this observation : "Their earnings constitute, in my opinion, but a secondary consideration ; for surely it is impossible to place UNITED STATES AND CANADA. 201 any degree oi profit in competition with tho prospect of meliora- ting the minds of our frilow-creaturefi." In another phicc, he assigns us n reason for embarking in the schonio of erecting penitentiary houses," " the pleasing hopH, that such a phm might bo tile means of pnmioting tho salvation of some individuals ; of which (he adds) every instance is, accortling to the unerring word of truth, a more iin[)orl,uit object than the guining of the whole world" On the signilitanco of tho word " penitentiary," as in- dicating the design of government in founding such institutions, he has tho foUowing remark: "The term penltentiarg clearly shows that parliament had chieHy in view the reformation and amendment of those to be connnitted to such places of confine- ment." Tlie italics in the above extracts are tho author's; not ours. In tho prison laws of most of tho states of the American Union, there is a distinct recognition of tho principle that tho reformation of criminals is to be accounted as one and, indeed, a main object of imprisonment. Tlio earliest mention of this which wo have seen (there may have been earlier) is in an act passed by the Legislature of Kentucky in 1797, in which it is declared that "the reformation of ofl'cnders is an object highly meriting the attention of the laws." Tho commission of 18G6, put this question to nearly every wit- ness whom they examined : " What do you conceive to bo the primary object of prison discipline ?" Without a dissenting voice, their answer was, "tho rcCoi, ation of tho imprisoned." This, then, is at once the theory of our laws and tho opinion of those who have thought most and arc best al)le to form a correct judg- ment on the question. Alus, that there should be so wide a chasm between our theory and ( m- practice. Another question put by the con. mission of ISGG related to the opinion of the witnes.sos whether convicts could bo reformed. All agreed that much the larger portion could be reformed and returned to society honest men, while some thought that this result might be attained with nearly all. Mr. Haynes stated his judgment to be that eighty per cent, (four-fifths) might be reclaimed; and with- out stopping to examine all the answers, our impression is that something like this is about the proportion believed to be reforma- ble by most of the witnesses. Captain Machonochie went nuich beyond this. Ho believed that conncts could bo "gained, to a man, by a system M'hich would ll P» 292 PRISONS AND REFORMATORIES OP THE M' 3 study tJieir natural feelings and seek their own improvement (advan- ii\gc), together with tliat of their country, in their treatment." Again he says (Norfoliv Island, pp. 14 and 15): "I fear neither had habits nor any other difficulties. I believe that while life and sanity are spared, recovery is always possible, if properly sought. There is indefinite elasticif}' in the human mind, if its faculties arc placed in healthful action, and not either diseased by mal-treatment, or locked up in the torpor of a living gi'avc. These latter causes may intimidate outside, but they must, even in their best form, injure the sufferer himself. And the christian morality seems more than doubtful that would sacrifice the known for the unknown, the actual patient for the supposed looker-on. Every difficulty would, I feel assured, be removed from the administration of penal law, if wo but recognize the principle that to seek well and wisely the reform of our criminals, we must inflict on them all the sufl'ering that is really necessary for example, and that we are not entitled to do more. We may not do evil that good may come. There is no qualification to this precept." The reformatory principle of prison discipline was wholly unknown to the ancient world. Indeed, its discovery and appli- cation are of a comparativel3' recent date even in modern times. It rests upon a foundation made up of four subordinate principles, viz: 1. That, for the practical purposes of society, human law should deal with crime not to avenge, but to prevent it. 2. That punishment, which is merely vindictive and repressive, defeats its own purpose, and does Ijut increase the mischief Avhich it would avert. 3. That severity, out of proportion to the oflbnce and pressed beyond t ; point at Avhich it may suffice to restrain the culprit from repetition and the looker-on from imitation, is both uiniecessary and injurious. 4. That the justice of human punish- ment is measured by its necessity; and while the wise legislator should labor to make it fall with certainty on guilt, he should, at the same time, as far as may l)e. reconcile the claims of society to protection against crime with the reformation of the transgressor, and should make such reformation, where he can, an instrument in securing that protection. These four principles form a broad and s(di(i basis on which to rest the necessity and duty of a reformatory discipline in prisons. • IIapi)ily for the interest of society, the reformatory i)rinciplc of prison discipline, since its introduction as an element into modern civilization, has made remarkable progress. Indeed, its history UNITED STATES AND CANADA. 293 affords one of the most signal illustrations of social advancement in our day. The age is full of material wonders. Each year brings forth something more startling than the last, and imagina- tion is less swift than reality. Physical science has annihilated space and time. Thought travels, on the wings of the lightning, from continent to continent; and the morning paper brings us, from distant nations, the events of yesterday. We know what took place last night in London and Paris, just as we know what took place in Washington and New York. But amid all these prodigious changes, as bewildering in their rapidity as they are astounding by their grandeur, it may well be doubted whether there is anything more novel, anything fuller of interest and true joy to the genuine lover of his kind, than this quiet movement, which embraces the outcasts of earth, and wins its noiseless vic- tories within prison walls. This movement has, indeed, borne precious fruit, which has developeJ itself in institutions most ex- cellent and beneficent — reformatories for the young, intermediate prisons for adults, refuges and homes for liberated female con- victs, and aid societies for the relief and encouragement of pri- soners of both sexes, who are disposed to amend their lives; the whole constituting what may be called The Modern Reformatory System of Prison Discipline. This system has found its most per- fect development in what is now known throughout the civilized world as the Irish plan of convict treatment, devised and carried into execution by Sir Walter Crofton, who therein gave effect to principles, with important modifications of his own, first distinctly announced by Captain Machonochie. This system was prompted by and finds its support in an inspiring faith in the capability of human beings, though stained with crime, to be won back to vir- tue. Moreover, the founders of the Irish system had the further faith that the fallen are reformable through the action of the same iLotives of hope and fear which control the conduct of the un- fallen. Its great aim has been, acting on that faith, firmly but kindly to apply those motives to convicts, dealing with them, not as a chaotic mass, but as men having idiosyncrasies like other men, and to be swayed and moulded, like them, by personal influence, by individual care, and by wise adaptations to particular cases, though without sacrificing important and necessary general rules. Before our day, the faith of which we speak found little accept- ance among statesmen and legislators, and it is still repudiated by numbers both among the leaders of opinion and iu social life. i-tis :i i I' m I ■:i:n f l*'l ,j,.^|. 294 PRISONS AND REFORMATORIES OP THE And no doubt it has its limits and qualifications; for there are moral incurables — we speak ethically, not theologically — just as there are men and women who are placed by physical disease out- side the resources of the healing art. What the proportion of incorrigibles maybe, we know not; but, ^iih the institution of a prison discipline truly and thoroughly reformatory, we are per- suaded that it will turn out to be but insignificant.* The question whetherareformatorj'^ discipline can be made also self-supporting, is one which has its importance; but that import- ance is by no means paramount. In the first place, we think that tiie salaries of prison oflScers should be a charge upon the govern- ment, not upon the industries; and that a prison ought to be accounted self-supporting, which meets all other necessary ex- penses; of which, under the discipline which wo propose, the moral and intellectual machinery would form a much larger proportion than it does under that which now prevails. In the Pennsylvania state prisons, this is even now the method of compu- tation; the government paying the salaries, and the counties making up any deficit in the cost of subsistence, &c., accruing in the earnings of the convicts. In the second place, we entertain not the slightest doubt that, under an apportionment of expenses according to the principle here suggested, reformatory prisons could readily be made self-sustaining, and even to yield a surplus revenue to be applied in the accumulation of gratuities to convicts as a i*eward for industrj' and good conduct, as in the Irish and other foreign systems; said gratuities either to bo paid to their families during their incarceration, or to themselves, in instalments, after their discharge, on the condition of forfeiting whatever may still remain unpaid by any further ofl^ence committed by them. But even if the improved system should fail to accomplish what is here supposed, it would, nevertheless, in the (end, be loss burdensome to society, if it should, as we believe, show itself really endowed with the power of reforming the wicked; for, in truth, reformation is the cheapest, whatever it may cost. A prison system, however economical it may be in ap})earance. will be found, in practice, very expensive, if it docs not correct the ma- jority of the prisoners; for the reason, as Mr. Livingston avcU said in his letter to Roberts Vaux, that " discharging an unreformcd * See paper road before the British Social Science Association, in ISOl, bj *!> ; Bight HoDorablo Thomas O'llagan, her Majesty's Attorney-Qcneral for Ireland. UNITED STATES AND CANADA. 295 thiof is tantamount to authorizing a tax of an unlimited amount to be raised on individuals." \Vc have spoken of gratuities to be paid to convicts out of their prison earnings, as a stimulus to good behavior. In this regard, there is a broad distinction between American and European con- vict prisons. In none of the former, so far as we are informed, is any such allowance m.ade; in few, if any, of the latter, is it witlihcld. The only way in which convicts in our prisons can earn anything for themselves is by doing over-work. But in many American prisons, over- work is not allowed: in few is it subjected to legal regulation; in prisons where it is alloAved, but a moderate percentage usually have the privilege of doing it; and in none is the permission to do it made the reward of good conduct. In European convict prisons, on the other hand, gratuities or a per- centage of earnings are the common, if not the universal, rule. In Ireland, they are given, honajide, as a reward, and are designed to stimulate, first, to general good conduct; secondly, to industr}'; and, thirdly, to fidelity and attention in lesson-learning. In Eng- land, the theory is the same; but the application of the principle, if Miss Carpenter's book •' Our Convicts " is to be taken as autho- rity, not quite so faithful. When Howard visited the celebrated penitentiary at Ghent, in 1778, he found the prison "a well regu- lated manufactory," and says that " the prisoners were allowed one-fifth of their earnings for themselves." Buxton visited the same institution in 1817, at which time it was as busy a hive of industry as he had ever seen, the prisoners receiving the whole of their earnings — which he justly characterizes as a " bad arrange- ment." In 1823, according to the report of the London society for the improvement of prison discipline, one-third of their earn- ings was then allowed to the pi'isoners; and this, we believe, is about the proportion of to-day. It was . ^ade a special object there to impart to all comers the knowledge of a trade, and the consequence was that not more than five per cent ever returned a second time. Many instances are on record, in Avhich convicts, on leaving prison, have set up the business which they learned during their imprisonment, have acquired the means of doing so by the capital they saved at the same time, and have prospered by those habits of industry, which they formed while undergoing the hard discipline of penal servitude. In France, also, a considera- ble part of the convict's prison earnings goes to himself; in De Tocqueville's time, it was two-thirds, which he rightly regarded '296 PRISONS AND REFORMATORIES OF THE as out of all proportion to reason and fitness; but, at the same time, he remarks, that " the expenses, by means of which the •wicked are reformed, are investments, of which society reaps the fruits at a later period; " and adds that, if the gratuities allowed to prisoners do but have a tendency to improve them, however considerable they might be, he would be far from censuring the allowance. We may add, in this connection, that most of the witnesses before the commission of 1866, who were interrogated upon this point, expressed their preference for a percentage of earnings over a permission to do over-work. SECTION THIRTEENTH. ' ^ PaRIX)N8. • On the subject of pardons, the undersigned inquired diligently in reference to the following points: The proportion of convicts, under different terms of imprisonment, pardoned during a term of ten years; how extensively the hope of pardon is entertained by the inmates of state prisons; the effect of this hope on prisoners, particularly as regards their reformation; whether the pardoning power has been heretofore, or is now, too freely exercised; whether any limitation should be placed on the pardoning power; whether a board of pardon, to aid the Executive in examining applications for clemency, would be good policy; and whether it would be expedient to enact that a fresh crime, after pardon, should work a forfeiture thereof, and remand the prisoner back to his original punishment unabridged. We were not as successful in obtaining information on these points as we could have wished to be. Indeed, there is, in most American prisons, too little system in keeping oi'iminal statistics, and the prison registers are restricted to too narrow a range of topics. There are various points, not included in the records, on which it would be desirable to have information; and as it respects the points actually embraced in the registers, too little care, at least in some prisons, is used to have the registers kept with regu- laritv and exactness. As regards the first point named above — " the proportion of convicts, under different terms of imprisonment, pardoned during a term of ten years," — we are able to give the statistics of only four prisons, those, to Avit, of Massachusetts, Ohio, Wisconsin, and the eastern penitentiary of Pennsylvania. The statistics of the Charlcstowu prison, Massachusetts, cover UNITED STATES AND CANADA. 297 the whole perioil of its history, from October 3tl, 1828, to Octo- 1st, 1866. They are as follows: Whole number of conimitinents 5,207 Difterent persons committed 4,607 Discharged by expiration of sentence 3,754 Pardoned 659 Died 178 Committed suicide 5 Discharged by order of the courts 36 Sent to insane hospital 34 Escaped 23 Convicted for the second time 475 do third time 97 ' do fourth time 23 do fifth time 4 do sixth time 1 Now in prison 518 Sentenced less than two years 1,182 Served their time out 1,116 Pardoned 20 Died 15 Sentenced from two to three years 1, 253 Served their time out 1,078 Pardoned 86 Died ^ : 26 Sentenced from three to five years 1 ,394 - . Served their time out 1,034 Pardoned 160 Died 36 Sentenced from five to ten years 919 Served their time out 481 • Pardoned 216 Died 40 ' ' Sentenced to ten years and upwards *274 Served their time out _ 45 Pardoned 83 Died 31 * Not iooluding life sentenoes. m :5- if ft..; ; ii ! ) i I 298 PRISONS AND REFORMATORIES OF THE Sentenced for life rardoncd Died Escaped Discharged by order of the courts. Sent to insane hospital Now in prison for life Whole number received last year Averajie sentence received last 185 96 29 S 12 5 41 247 year. 18 years, 8 mouths. 14 years. 5 years, 3 months, 5 days/ Aggregate amount of sentences, 18,911 years, 4 months. Average sentence of all received, 3 years, 9 months, 5 days. The longest time served by any one now in prison, on one sentence The next longest The statistics of pardon for ten years in Ohio are as follows : Whole number of prisoners during last ten \ years 2,843 Whole number of pardons during last 10 yrs. 635 Whole number of prisoners sentenced for life during last 10 years ^ 59 Whole number of prisoners sentenced for life, pardoned last 10 years 21 Average imprisonment of life-men pardoned last 10 years 6 yrs. 7 mos. 5 dys. Whole number sentenced five years and less , . . , , , than 10 during last 10 years . 513 Whole number sentenced live years and less . , . tlian 10, pardoned 109 Average imprisonment of the pardoned 2 yrs. 8 mos. 5 dys. Whole number sentenced 10 j'cars and less than 15 years 81 Whole number sentenced 10 years and less than 15 years, pardoned 23 Average imprisonment of this class 4 years 26 days. Whole number sentenced for 15 years and less than 20 years 16 Not including life sentences. UNITED STATES AND CANADA. 299 Whole number sentenced for 15 years and less than 20 years, who were pardoned 3 Average imprisonment of the pardoned 5 yrs. 4 mos. 8 dys. Whole number sentenced for 20 years and over 7 Whole number sentenced for 20 years and over, pardoned 1 He was in prison 5 yrs. 8 mos. 10 dys. The following arc the pardon statistics of Wisconsin for ten years : Whole number of prisoners confined during last 10 years , 919 Whole number of prisoneis pardoned during last 10 years 187 Whole number of life-men in prison during last 10 years 36 Whole number of life-men pardoned during last 10 years, (6 convicted before '56). .. 12 Average imprisonment of life-men pardoned 6 years. Whole number sentenced for five years and lessthanlO 49 Whole number sentenced for five years and less than 10, pardoned 25 Average imprisonment of this class 3 years. Whole number sentenced for 10 years and less tlianlS 17 Whole number sentenced for 10 years and less than 15, pardoned 10 Average imprisonment of this olass 3 years] 5 mouths. Whole number sentenced for 15 years and less than20 2 Whole number sentenced for 15 years and less than 20, pardoned . .•w 1 Average imprisonment of this class 3 years 8 mouths None sentenced for over 20 years. The following statistics of the eastern penitentiary, not exclu- sively, however, relating to pardons, like those of the Charlestown prison, cover the entire period of its history from October 1, 1828, to January 1, 1865. We give the entire table, as its information, as well that not relating as that relating to pardons, will be found both interesting and valuable : !i! 300 PRISONS AND REFORMATORIES OF THE Whole number received 5,0G3 Discharged by expiration of sentence 3,715 or 73 per ct. Pardoned C71or 13 J percent. Average time served or pardoned 1 yr. 10 mos. 5 dys. Pardoned and subsequently re-convicted 6 per cent. Died 279 or 5> per cent. Average time served 2 years 4 da}'s Committed suicide.. 11 Escaped and removed in variou.s ways 62 Second comers 413 or 8T per cent. Sentenced less than two years 1,878 or 37 per ct. Served their time out 1,008 or 85 per ct. Pardoned 1 146 or 7 percent. Average time served 7 months 9 days. Died 27 or 1| per cent. Average time served 8 months 29 days. Now in prison 80 or 24^ percent. Sentenced from two to three years 1,307 or 26 per ct. Served their time out 1,003 or 76 per ct. Pardoned 169 or 13 per cent. Average time served 1 year 19 days. Died 58 or 4 J percent. Average time served lyr. 2 mos. 7 dys. Now in prison 65 or 20 percent. Sentenced from three to live years 1,240 or 24 J per ct. Served their timeout 861 or 69 per cent. Pardoned 173 or 14 per cent. Average time served lyr. 8 mos. 26 dys. Died 102 or 8] percent. Average time served ., 1 \r. 8 mos. 22 dys. Now in prison 77 or 23| per cent. Sentenced from five to ten years 491or9| per cent. Served their time out 213 or 43 percent. Pardoned 133 or 27 per cent. Average time served _ 3 years. Died 69 or 14 per vcnt. Average time served 2 y rs. 8 mos. 1 day. Now in prison 66 or 13^ per cent. Sentenced to ten years and upwards 147 or 2 percent. Served their time out 30 or 20 per cent. Pardoned 50 or 34 per cent. UNITED STATES AND CANADA. 301 • Average time served , 5 yrs. 5 mos. 18 dys. Died 23 or 15 per cent. Average time served 4 yrs, 10 mos. 4 dys. Now in prison 37 or 11 J per cent. Average time served 4 yrs. 1 mos. 7 dyi. Sentenced for life None. Pardoned None. Average time served None. Died None. Average time served _ .. None. Now in prison ^ None. Average time served None. Sentenced to five years and upwards 638 or 12^ percent. Served their time out 243 or 38 per cent. Average time served 6 yrs. 5 mos. 10 dys. Pardoned 183 or 29 per cent. Average time served 4 yrs. 5 mos. 28 dys. Died 92 or 14^ per cent. Average time served _.. 3 yrs. 2 mos. 12 dys. Now in prison for five years and upwards 103 or 31 J per cent. Average time served 3 yrs. 8 mos. 15 dys. Served ten years and upwards of all received 30 or ^ of 1 per ct. Whole number now in prison _ 325 Average time served 3 yrs. 2 mos. 5 dys. The longest time served on one sentence 17 years 3 months. Received last year 150 Average sentence 2 yrs. 5 mos. 15 dys. Aggregate amount of sentences 13,690 years. Average sentence 2 yrs. 8 mos. 13 dys. ■V' . V S02 PRISONS AND REFORMATORIES OF THE The foregoing statistics yleltl some curious results, which are in part exhibited in the following table. There are no life sentences ill Pennsylvania. I « , c e t 2 S ^ .a a A •?g -s •wo 4» t^ "S TJ §g ► 5 a ?.»fl fc §^ U "S S -§!' "S I'-S ^^ •2 » 0) n a ^1 a « &! 7j a ^ ... -. " ereentage doned, t;. life. o to . si V a "a ereentage sentences and les:^ t a ereentage sentences and uver. s i: Oh Years. Ph 0. ■< Si < Years. Yuivrs. Massachusetts 50 7J 12J 2C» 4 32 7 il*eniisylvania 13^ 18 a 20 27 5 34 5»T Ohio 40 21 1 50 2| 3 25 3 5 Wisconsin 33 53 3\ "ij In Massachusetts the life men have formed one twcnty-tifth of all the committals, and yet these have constituted a full sevcntli of the pardoned. In Ohio, the disproportion is not so great, and yet it is very considerable ; the men sentenced for life constituting oue-forty-eighth of the imprisoned, and one-twenty-fifth of the pardoned. In AVisconsin, the life men are one-twenty-ninth of the prison population, and one-fifteenth of the pardoned. Thus, the convicts for life would seem to form, in some respects, a privileged class, and the chances arc that they will have a shorter imprison- ment than men sentenced for twenty or even fifteen years. The pardoning power much more frequently chooses these men, iu proportion to their numl)er, as the objects of its clemency, than it does the general mass of prisoners ; and it would hence seem to be the interest of the criminal to have meted out to him the heaviest punishment which the law accords to his offence. The gross average of pardons on all convicts confined in Ameri- can prisons will bo from fifteen to twenty per cent.; the average oil convicts sentenced for five years and less than ten, will be from twenty to twenty-five per cent.; the uveiage on convicts seiitpiiccd for limited periods of ten or moj-e than ten years, will be from twenty-five to thirty per cent.; while that on convicts sentenced for life reaches the enormous proportion or forty to fifty per cent. The eminent French commissioners, De Beaumont and Do UNITED STATES AND CANADA. SOS ch are in sentences !" Q> V K ►> a .£ £ "8 u V o > C ^ . « ID tn u c a > "'o (U o uiu> s"? tt V a 41 S V ct t>C OS Yours. 32 7 34 5| 25 5 53 ^i y-fit'th <»t" I seventh p'ciit, anil iistitutiog h of the ith of the riius, the »rivilei?ccl imprison- [irs. The ? men, iu V, than it c seem to him the in Anicri- e average II 1)0 from sentenced 1 1)0 from sentenced ■ per cent. ; and Do Toqiicvillc, who visited this country some thirty years ago, lo examine the penitentiary system of the United States, liavo thus philosophized on the causes of this free, not to say extravagant, use of the pardoning power by American executives : " Without examining the question whether it is absolutely necessary for society that some authority should have the right to suspend pun- ishment, it may be said that the less this authority is elevated above the rest of society and the less independent it is, the greater will bo the abuse of pardoning. In the United States, the gover- nor of each state, alone, has, generally, the dangerousjprjviloge of pardoning. * * * In spite of the extent of his prerogative in special matters [that of an unrestricted right of pardon, for example], the governor of a state occupies a social position by no means elevated. Every one may approach him at any time ; nmy press upon him anywhere and at any moment. Thus given up, without an intermediate person, to urgent solicitations, can he always refuse ? He feels himself the slave of public caprice ; he depends upon the chances of a re-election ; and ho is obliged to treat his partizans with extreme care. "Would he dissatisfy his political friends by refusing a slight favor? Moreover, being invested with but little power, he loves to make as much use of it as possible." There can be no doubt that the accessibility of American execu- tives — all citizens, even the humblest, feeling at liberty to ap- proach them and demand an audience — is a great, probably the greatest, occasion of the extraordinary number of pardons dis- pensed by them. AVe have heard Dr. Francis Lieber mention that, on a certain occasion, when ho happened to be the guest of the late Gov. Marcy, of New York, on emerging from the break- fast table one morning, they encountered not less than a dozen Avomen in the hall; Avhereupon the governor remarked, that those women were probably all in pursuit of pardons for rascally hus- bands, who would, in all likelihood, beat them as soon as liberated. After the statements made above, showing the enormous per- centage of pardons actually granted, it will excite nobody's won- der to be told that, according to the unanimous testimony of the "wardens of state prisons, the hope of pardon is well nigh univer- sal among convicts. This occupies their thoughts by day, and tills their dreams at night; and ti> the attainment of it their best energies are given, as well as the greater part of the money they earn by over- work, or can otherwise command; for the race of i 304 PRISONS AND REFORMATORIES OF THE pnidon lookers — men wlio make a vpgular business of procniinj^ piirclons for convicts — lon^jj since noticed anil tlenonncc' by Mat- thew Carey, is not yet extinct. What this eminent phihiMthropj^t Si^'s in iiis Thoughts on Penitentiaries and Prison Discipline, is as true now as it was then, that the grant of pardon docs not so much depend on the degree of guilt, as on the pecuniary metms of the convict to hire this corps. A person convicted of nundor in the second degree, attended witli the most aggravating circum- stances, who has powerful friends, or is plentifully supplied with money, has tenfold more chance of u pardon, than a poor wretch found guilty of petit larceny. The wardens are also nearly, though not quite, unanimous in the conviction, that the hope of pardon, so generally entertained by convicts, has a bad effect upon them in many ways. It un- settles their minds, makes them uneasy, indisposes them to labor, nnu impedes their ef!'orts at reformation by directing their thougjita and energies to another and inferior end. The wardens who dis- sent from this view are either in charge of prisons which are very small, as Mr. Rice, of Maine, or of prisons in which the concur- rence of tile head is made an essential condition to the attainment of a \)ardou. This is the case in the Wisconsin prison, whose chief ofHcor, Mr. Cordier, says : " Knowing that no pardon can bo obtaiincd without the commissioner's eertiticatc of good conduct, the convicts arc careful not to render themselves liable to any compluint. The hope of pardon stimulates them to please their officers by obedience, diligence, and general good behavior." This, in effect, lodges, .it least to a degree, the ultimate power of pardon in the head of the prison, and puts the fate of the con- vict measurably into his own hands. So far, it assimilates itself, though under conditions which greatly mar its completeness and impair its efHcicncy, to the Irish system of prison discipline, and to that which we have recommended in our section on " Sentences;"' the essence of which consists in the substitution of reformation sentences in place of those which limit the imprisonment to a fixed period of time. It is further the general opinion of the superintendents of the prisons that the power of dispensing pardons has been, in former years, too freely exercised ; anvhen the postponement is likely to aid a release or mitigation ; but a poor or friendless wretch is disposed of summarily." This is so in other states than Ohio, and other countries than America. ' On an average, nearly or quite one half of the inmates of our state prisons are under thirty years of age. The percentage of convicts of foreign birth varies from a third to a half of the entire prison populations, which is out of all pro- portion to the populations of the several states. The proportion wo'-.id be larger, if the children of foreigners were also taken into the account. The reasons assigned by reconvicted criminals for their relapses are, in the main, liquor, old associates, bad company, and the prejudice existing in the community against them on account of their having before been in prison. -::>*i:' S14 PRISONS AND REFORMATORIES OF THE CHAPTER II. County Jails. Tho several European coiuniissions, which visited the' Uuitctl States some thirty odtl years ago to examine our penitentiary sys- tem, while commencing American state prisons as at thi't time fur in advance of the same class of institutions in Europe, both in their organizaf ion and working, speak of our county jails as among tho worst prisons they had ever anywhere seen. From tho obscrvii- tions we have made in our own and other states, we fear that thoro has been little improvement in this class of prisons within the lust jjonoration. A distinguished member of the bar of New Jersey writes to us in the following strain about the jails of that state: " You ask nio to add a paragraph concerning our county jails. This I can hardly do without feeling my indignation to rise. I regard the outrage!? which are committed through these institutions as disgraceful and opproi!.sive. They are not constructed properly. I have never bcpu able to sec by what right a person is deprived of the light and air of heaven, when he is committed only for trial; especially when, in nearly one-half of the cases of such commitment, there is not even an indictment found, and when, even if the accused is indicted, there is no conviction. Such persons are confined only to answer, and not as a punishment. There is no law justifying the privation of air and light, a comfortable bed, books to reail, and other like reasonable comforts. Persons who have never be- fore been charged with crime, and only now with a small offence, not able at present to give bail, are thrust into jail; subjected to dirt, vermin, offensive air and darkness; without a chair or table in the room; fed like a felon behind the bars; associated with the de- praved and disgusting criminal; eating, sleeping and living with the wicked and profane: the whole suffering and degradation far heavier to bear than the penalty of the offence charged, Avhich would only 1)0 a small fine, if convicted at all, which may not be the case. Oh ! what a burning shame 1 There is no law for such treatment. Inexperienced youth, male and female, and respecta- ble men and women, are sometimes obliged to be put into tlio sherift''s custody for a day or two, or longer, and they suffer such outrages as those described above, without any redress. UNITED STATES AND CANADA. 815 "There shouki be more variety In the cells. There should be C()nit'orta))lc rooms, made secure, but not dark cells only. There should be more discrimination in iho treatment of persons in jail. There should be an eye to the prevention ot* crime in the jailor. The jail, which generally is only preliminary as it were to the state prison, is a far greater punishment than confinement in the l)ri.son. Mci'cer county jail is notoriously bad. Several grand juries have presented it." Mr. Cyrus Mendendall, the foremost man in Ohio on the subject of prisons and prison discipline, in a letter to the underi'igned, thus speaks of the county jails of his state: " Our jails are left almost entirely to the charge of the county shcriiFs, without any control as to internal regulation by the state. The judges of the courts, at long periods, give their 'instructions' to the sherifis; but little further attention is paid to the matter, and those instruc- tions are seldom obeyed. I had occasion, recoiitly, to visit St. Clairsville, our «county seat, and was, kindly shown through our jail by the sheriff. I found it to contain three cells and two upper rooms. (The population of the comity is al)out 40,000.) The cells were on a level with the ground; were poorly ventilated, or rather not ventilated at all; were damp, and not occupied. The rooms over them were about fifteen by eighteen feet, with two small windows on one side, and a small hole in the doorj opening into a hall on the other. One of these rooms was unoccupied and in the other were four men, and a boy twelve years of age. The men had just been sentenced to the penitentiary for terms of one to five years, and the boy was to go to the reform school. They had all, boy included, been confined in this manner several months, or during a long vacation of the court. No other care had been extended to them than to prevent their escape, and to feed and keep them tolerably clean. # * * # jj \^ tjjg practice for pri- soners of the same sex to associate promiscuously in our county jails, except such as are confined, for greater security, in cells. As to the influence of such associations, my own observation at home, and a somewhat extensive inquiry of prisoners in the Ohio peni- tentiary as to their experience, would pronounce it decidedly bad; .and our jails, in many, cases, are crime-producers instead of crime- repressers. So fully am I convinced of this, thai I have often to rejoice when I see a young man, and especially a l)oy, escape a confinement there, even though he was clearly liable to it by law."* A few years ago, Mr. Wm. J. Mullen, agent of the inspectors of * The whole Mr. MendendaU'a valuable letter will be found in the Appendix. I ! Ill 316 PRISONS AND REFORMATORIES OP THE the Philndelphiti county prison, and also of tlio Pliiliidolpliiii Prison Society, wiw commissioned l)y the governor of Pennsylvjiniu to visit the principal prisons of the state, an«l instructed to make a report thereupon. Wo cite a brief passage froni his description of the Allegheny county jail:* "I found confined therein 120 prisoners in a most dcplorahlc state; nmny of them were almost starving. The untried prisoners are allowed by the authorities Hftecn cents per day for their food, and the vagrants ten cents; but it seems nine cents of the filtocn and ftmr of the ten cents are retained by the sheriff as a perquisite. And the sum used for the prisoners is expended on bread, Avifli an addition on Tuesdays and Fridays of about u cent's Avorth of beef broth. It appears that five days in the week the prisoners get no other food than bread and water; and it is said that out of the sum allowed for their support, the sheriff niakes about $4,000 a year. This largo amount is accumulated at the expense of the comfort and health of the poor prisoners, who are unablo^o procure relief from friends outside. w # * * I found this prison, besides l>eing ill ventilated and filth}', to be in an extremely disorderly and con- fused condition. Every cell door was open, and the prisoners had free access to each other, with the opportunity of unrestrained intercourse. I refer to the males. The Avomen were not, indeed, actually permitted to intermingle with the men, but they were allowed everything short of that. They might, at pleasure, walk round the corridor in front of their cells, from Avhich they could look down upon and talk with the men. With such facilities for corruption, both parties must become debased. Apart from this objectionable feature of the administr;'tion, it was most distressing to see convicts, burglars, murderers, young and old, guilty and innocent, black and white, all i aving u;uestricted access to each other's cells, many of whom were amusing themselves by playing cards, smoking cigars, and doing whate\'cr else they chose for passing away the time. For, be it noted, the prisoners have no regular employment whatever; a fact much to be regretted, since, leaving economical considerations out of the cpiestion, the beneficial effects of steady occupation in some useful labor must be obvious, it being the best preservative both of moral and bodily heallli." We found this prison and other county jails in Pennsylvania in much the same stale as that above described. The principal dilfer- encc was, that the men were let out into the corridor one part of the day and the women the other; but the evils of association were * This ooiinty contains the important city of Pittsburgh. UNITED STATES AND CANADA. 817 as rifo fts cvor; for, in addition to mingling in the corridors, there wore, in some cases, as many as four or tivo in u cell. In 18G4, the rhiUidclpiiia Prison Society made a thorough examination of the county jaiU througlmut the state, most of which they found in a deplorable condition. They complain, among other things, of the general neglect to provide for a proper separation of the sexes. " In some cases," they remark, •' there was found to ho no attempt to separate them during the day. * * * In regard to the association of male and female prisoners, there is no rule, and the practice varies. Whether the}' shall be separated, or together, depends on the will of the sheriflT. It is a usually recognized principle that the sexes shall not associate at night. Yet even this principle is infringed occasionally. But, however strictly it may be observed, the grossest immorality may exist without the sexes boipg permitted to spend the night together. * * * * It is doubtfuljjiwhen male and female prisoners spend the (lay together, whether much evil is preventti' by their separation for the night only." Other deficiencies are pointed out, particularly the general and almost total neglect of any moral, mental or industrial training of the prisoners. There is no labor in the jails, except in a few con- ducted on the separate ))lan; religious instruction is scant, and the ignorant remain in ignorance, except that their fitculties are sharp- ened to wrong by mutual instruction in the arts of crime. Upon the whole, the opinion of this excellent and humane society is, that the mass of Pennsylvania jails promote crime instead of repressing it. They say: "Social confinement of the guilty without moral instruction, without proper books, Avithout steady employment, must be productive of more evils to society at large than would flow from the entire neglect of justice toward the criminal. Pri- sons l)adly constructed and badly conducted must, in the nature of things, be schools of vice, weaning the young offender from the tusto and use of the little good that is left in him, and making the bad worse." ' AVe visited the jails in the great western and southern cities of Detroit, Chicago, Indianapolis, St. Louis, Louisville, and Cincinnati, and found them all quite unfit for the purpose to which they are devoted. In the jail at Chicago, Illinois, the cells were dark, without ven- tilation, and swarming with vermin. Some were so foul that, after a few minutes stay in them, we felt a sickening sensation. Yet in these close and filthy abodes human beings, crowded together, are 818 PRISONS AND REFORMATORIES OF TUB confined for iliiyH, wcoks, months even, many of whom a' o nfterwiudi nd (linicnsions. If six nhould be con- tilled in a cidl, which HoinrtinicH hiippi iim, und at tho rate crinio la now incrciuiing is niiro to happen, a hir«;<> NUgur hogshead would till alioiit the space allowed to each of them." How peNtileiitinl niiiMt bo the moral atmoMphero of these crowihul cells, where oinploymcnt is imposriiblo ; where reading is almost eciimlly no, an well from want (»f light as because of the noise and tntniilt that must prevail ; and where the professional bnrglar and thief and tlio young transgiessor, or perchance the wholly innocent bo}', uro shut lip together, with nothing to do, with nothing even prac- ticiiblc, but to impart and to receive lessons in crime. Well does tlie venerable doctor add to Avhat is cited from him above : "Religions or moral influence is out of the question and to preach the gospel of Christ there, in that ilismal place, to those kenneic*! human beings, seems like a mockery before high heaven. I have tried it more than once, and felt it to be so ;'an(^ I havo no doubt the prisoners felt the same. Religious tracts arc received with a grim smile, and perhaps some try to read them ; but tho majority nmst regard such gifts as no better, under the circinr stances, than a practical insult. * # * # Alas, our practi* o exhorts to blasphemy, while our Avords exhort to praise." Such is tho county jail in the great connnercial metropolis of the west, with a population of more than 200,000 souls. Now, what do we find to be the condition of the same institution in Jetrcrson city, the capital of Missouri ? We visited it in August, 1H(!.'), with mingled feelings of horror an"able slats, Olio at the outer and the other at the inner surface of tho stone wall, which till up more than half the space afforded for the admission of light and air. It is so dark that ii is quite impossi- ble to read, without a lamp, even close tr :• window, and on tho lightest summer da}'. Into this kennel, this dungeon, whenever there happen to 1)0 female prisoners, arc thrust all tho men and boys who are in the jail, to the number, sometimes, of ten or lit'toon. When the latter of these numbers are in confinement, each one has just 112 cubic feet of air for his use, and a space on the floor at night two feet wide by seven feet long. And this iu 320 PRISONS AND REFORMATORIES OF THB a laud which claims to be christian I Fifteen human beings crammed into such a space, with absolutely no ventilation I Think of their passing a night there, with the thermometer at 90 deg., as it was at the time of our visit. It is the " black hole of Cal- cutta," repeated Avith aggravations I No words could paint such barbarism in darker colors than the simple statement of the facts, as just given. The other room is rather smaller, but it has one lai'ge window, that is, large comparatively ; which gives more air and light. When there are no women in jail, the men occupy both rooms, and are a little better accommodated. This jail at Jefferson city, we were told, is a fair specimen of the county pri- sons throughout Missouri. It was a relief to be informed that there are many counties in the state, which have no jails. It would be a blessing if what there are could be utterly demolished. We paid a hasty visit — though quite long enough — to the count}' jail in Indianapolis, the seat of government of the great state or Indiana. It is the old story — promiscuous association, mutual contamination, cramped and crowded cells, no work, no books, no healthful moral influences — everj'thing, in a word, dis gusting, repellant, and demoralizing. We found things in much the same condition in the jail in Louisville, the chief city, though not the capital, of Kentucky. We saw one group of prisoners busy at a game of cards, which did not appear to be forbidden, as it was done openly and before the e^'cs of the officers. But we have no heart for extended details. The government of the jails, in the several counties of Kentucky, is in the hands of the county court, a board of three countj' officers, corresponding in many of their functions, though with material differences to our boards of supervisors. In Kentucky the she ritts are not, as they ai'e in most of our states, the keepers of the jails and custodians of their Inm.itcs; but the jailors are special officers, chosen by popular vote, in the same maimer and for a like term of office as the sherifis. The state pays the board of all prisoners confined in the jails, at the rate of seventy-tive cents a day, or five dollars and twenty-five cents per week. Other expenses, such as fu I, bedding, clothing, medical attendance, &c., &c., are met by the counties. The same system, substantially obtains in Missouri- We cannot affiim positively, but our impression is, that the jailors get no remunenitiou for their services, other than the profits made on the board of the prisoners. Wo kuow that such is the fact as UNITED STATES AND CANADA. 321 regards the jail in St. Louis, where the keeper receives eighty ceuts a day, equal to $5.60 a week, for each hiraate. But, in a prison averaging perhaps a hundred or more inmates, this compensation is not onlj'^ ample, but munificent; for we cannot suppose that, at the outside, it will cost more than ten to fifteen cents a day to feed men the way they are fed in jail. The common jail in the city of Cincinnati, is an imposing and costly structure, built of hewn stone, with mterior arrangements f a very complicated and unique, but to us, unpleasing character. Dis- cipline, however, we found utterly wanting there. Though the pri- soners were confined in separate cells, it was the noisiest and most disorderly prison we ever visited. They talked and shouted to one another without restraint. As far as appeared, the keeper had no control over them whatever; and the jail must be, as administered at the time of our visit, anything but a school of reform, or even of decency. The common jails in our own state are in a deplorable condi- tion; utterly unworthy of our civilization, and of the renown and fame we have acquired among our sister states and the nations of the world. Their general characteristics (happily some exceptions exist to a pait of the counts) are: insecurity, bad ventilation, over- crowding, too great facility for communication with the outside world, promiscuous association of all ages and grades of criminals of the same sex, and consequent mutual contamination, abundance of vermin, absence of employment, want of libraries and neglect of iutellcotuid and moral culture. We will not go into detail here, us these things are spread out, ad nauseam, in the annual reports of the Prison A^s^)ciation. It will have been seen, from a statement in the introduction, that the luidersigned prepared an extended series of interrogatorise on county jails. These were extensively distributed; but we received only three responses, viz., from sheriff William P. Graf- ton, of Illinois; warden Thomas C. James, of Maryland; and secretary F. B. Sanborn, of Massachusetts. We submit a resume of the information furnished in these papers. Mr. Crafton is, or at le.ast in 1865 was, sherit! of Sangamon county, Illinois, and, as such, keeper of the jail in Springfield. From his communication wo learn the following facts: There are 102 counties in the state, but not more than about eighty jails. There is no central authority, iiaving a general charge and supe- rintendence of these prisons. The sheriff of each county has con- [Assem. No. 37.] , U Ih iii/i di 322 PRISONS AND REFORMATORIES OF THE trol of the jail, and it is made the duty of the grand jury, at every term of the circuit court of the county, to examine the jail and report its condition to the coui-t; the consequence of which is that the system lacks unity, and there is no uniformity in its manage- ment. No statistics are kept, except a simple record of commit- ments and discharges; and even the books in which these items are registered, are the property of the sheriffs and not of the coun- ties. No returns of jail statistics are required by laAV to be made to any board or officer of the state. The number of commitments of males to the Springfield jail increased largely during the war, a remarkable fact, if there is no mistake about it, since it is differ- ent from the state of things as reported to us everywhere else. Sheriff Craftou states that the increase in female commitments is not so perceptible in the county jail, adding: " You should con- sult the records of the city calaboose for an answer to this ques- tion, as the demoralizing effect of war is developed by licentious- ness in the female, and leads her into offences which the city gov- ernment has made special provision to punish; and as the judicial machinery of the city is running all the time, it swallows up all the petty crimes which show the pernicious influence of war." He adds a statement of a most painful and astounding character, in these words: "Perhaps the question is fully answered by citing the fact that more divorces were applied for and granted at the last term of court than during the whole period of the county's history since 1821." About one-third of the prisoners received are of foreign birth. Intemperance, Sabbath-breach, licentious- ness and gambling characterize nearly all who arc conmiittod. Something like seventy per cent of those committed are l)rought to trial, of whom about ten per cent plead guilty, and fifty per cent are convicted by juries. Not more than two per cent of the prisoners in Springfield jail are undergoing sentences of imprison- ment; all the rest arc awaiting trial. The average length of sen- tences in jail is about six months. Imprisonment for debt is legal in Illinois, but io seldom resorted to, when the the plaintiff has the board to pay. The defendant can always release himself from confinement by schedulirj the amount of his property; if it be more than the law exempts from execution, the excess is pro- qeeded against; if less, he is discharged. Witnesses are not im- prisoned to secure their attendance; all the security required is their personal recognizance. Jailors are remunerated by fees, and not by salaries. The sheriff boards the prisoners at so much tNITEt) STATES AND CANADA. 323 per week, but the sum allowed is not stated. Clothing is supplied to prisoners, when necessaiy, at the expense of the counties. The compensation of the medical oflScers of the jails is by salaries, and not by fees. No employment is provided for the prisoners, nor are there any libraries furnished at the public expense; what- ever books the prisoners have to read are loaned by the sheriff, or prd^vided by their friends or themselves. There are no chaplains or schoolmasters; nor is the lack of religious and secular instruc- tion, consequent on the neglect of the authorities, supplied, to any great extent, by volunteer workers. Bibles, however, are pro- vided; but to what extent is not stated. They av? x^ot extonsively read, newspapers and yellow-covered novels being geneially pre- ferred. Therg is no fixed dietary; each sheriff supplies rations at his own discretion. As a. general thing, little attention is paid to ventilation in the construction of jails. Drink, gambling and licentiousness are regarded as the most active causes of crime in the state. Sheriffs are chosen by popular suffrage, and are not immediately re-eligible. Prison officers are usually changed as often as once in two years, the effect of which is found to be every way bad. Sheriff Grafton has appended to his paper a presentment of the grand jury, in which the jail of Sangamon county is denounced as "totally inadequate" to its purposes; as "insecure and unsafe," it being "necessary to employ a special guard to pre- vent escapes;" and as having "cells so small and so badly venti- lated that confinement in them during the summer is cruel and inhuman." From the communication of Mr. Thomas C. James, warden of the Baltimore city jail, we glean the following information con- cerning the county jails of Maryland: There are twenty-one counties in the state, each of which has a jail, in addition to which the city of Baltimore has one of its own. There is no central authority having a supervision and control over the whole system of county prisoni*. In place of such a board, the sheriff of each county has control of the jail in said county, and in Baltimore city the warden of the city jail has charge, under the direction of a board of visitors, composed of five gentlemen appointed annually by the mayor and city council. There is, consequently, no uniformity in the management of the jails throughout the state. In Baltimore city jail, the commitments and their causes, as well as the discharges and their methods, are kept with fullness 324 PRISONS AND REFORMATORIES OF THE and accuracy; but the social, national, educational, industrial, moral and religious relations of the prisoners are not recorded. The jails throughout the state are required to keep statistics of all committals to their custody and the causes thereof, together with all discharges therefrom. In the counties, the jail-books belong to the sheriffs, but in the jaU of Baltimore they are the property of the city. In the latter jjrison, full returns of "jail statistics are required to ^ e made annually to the mayor and city council, but such letn^-ns are not exacted of the several, county jails. The number « " men committed to the Baltimore city jail during the war, charged with a violation of the civil la^vs, was less than it had been before the war, or has been since its close. There was a moderate increase of female commitments during the war, but the percentage was not large. About three- fourths of the prisoners committed to Baltimore city jail have been previously inmates of the same. The proportion of foreigners committed is not far from one-fifth. Not less than four-fifths of the prisoners in this jail are of intemperate habits. Three-fifths of the prisoners committed to all the county jails are, on an aver age, brought to trial. The length of sentence in Baltimore city jail extends, generally, from one week to si: months, and in some coses it is prolonged to one and even two years. The system of separate imprisonment is adopted in Baltimore ciiy and Baltimore county jails, but not in the others. Only one prisoner in those two jails is confined in each cell, except when the nomber of pri- sonors exceeds the number of cells, of which theio are three hundred for solitary confinement, besides some rooms of larger size. The Yomen are confined in a separate part of the building from thfe men, and parties committed for breach of the peace, court cases, sentenced prisoners, &c., are each- confined in difterent parts of the prison, according to the nature of the charges against them. There is no imprisonment for debt in the state of Mary- land; ))ut witnesses are frequently imprisoned to secure their tes- mony. Persons imprisoned as witnesses are usually compensated for the time lost by their imprisonment. The officers of Baltimore city jail are remunerated by fixed salaries ; but in the counties the sheriflSj receive a, per diem for all prisoners confined, and out of the sum so received, furnish food and other supplies. Necessary clothing is provided for the inmates of the jails. The cost of Baltimore city jail, including the lot on which it stands, was (say) $350,000. The average annual cost of each prisoner therein tJNITEB STATES AND CANADA. 325 including all expenses other than the interest on the jail property, was, for 1861, $116.80 ; for 1862, $105.85 ; for 1863, $93.07 ; for 1864, $153.30 ; and for 1865, 155.12. For the same years, the average cost per prisoner, including interest as aforesaid, was $193.45; $195.27; $155.12; $240.90; and $242.72. In Balti- more city jail, sentenced prisoners are hired out by contract, and are employed in the workshop of the prison ; other prisoners are employed in cleaning, white-washing, and in various other ways. A library is provided therein for the use of the inmates. Heligi- ous services are held in the prison chapel every Sabbath afternoon, under the direction of a committee of the American Tract Society, by G. S. Griffith, Esq., chairman, assisted by clergymen of various denominations ; and much valuable religious reading matter is distributed to the prisoners on those occasions. The jails are extensively supplied Avith Bibles by the liberality of the Mary- land Bible Society. As a general thing, the prisoners use their copies carefully, but in some cases it is otherwise. In Baltimore city jail, there is a weekly bill of fare, varied daily, but in the county jails, each sheriif provides rations according to his own judgment. The former is admirably ventilated ; the others but poorly. Ample bathing facilities are provided here, but not else- where. Almost the only punishment in this jail is confinement in dark cells ; and this even is infrequent, considering the large num- ber of prisoners confined. Moral means are in all cases employed, until they are found to be unavailing, and other measures become indispensable. Drunkenness and prostitution are regarded as the most active causes of crime. Sherifis are elected, not appointed, in Maryland ; and they are not re-eligible for two years from the expiration of their term of office. It very seldom happens that they are re-elected afterward. In Baltimore city jail, the officers are not often changed; elsewhere, changes are more frequent. This jail is inspected by the I oard of visitors, at their pleasure. They con- stitute a standing committee for that purpose, as also for control- ing all matters coriuected wit)> the government of the jail. The prison is likewise inspected t,y the several grand juries of the criminal court. Both classes of inspection are provided for by law ; and the examinaliong, so required, are faithfully and thoroughly performed. From the answers of Mr. Sanborn, secretary of the Missachu- setts board of state charities, we gather the following concerning the common jails of that state : There are but fourteen counties 326 ?BISONB AND BEFOBMATOBIES OF THE i! in the state, yet there are t^vonty jails ; that is, there are six coun- ties that have two jails each. On this subject, Mr. Sanborn says : <' I think one jail in each county quite sufficient. The grounds of my opinion arc these : 1. The supposed necessity for several jails arises from the fact that courts are held in several places, in each of which a jail has been thought necessary. But the railroad facilities are now so great, 'hat prisoners can be brought with ease from any part of the coimty to the court, as they nro v,n, ted for trial. Moreover, there aro town prisons now required by isl^v, so that there is less need of county prisons for temponuy yhich has been applied to the puyihent of extra expenses, and leaving in the treasury, at the close of the last fiscal year, a balance ot $3,132.19." This marvellous result has been lujhieved, with an average of prisoners not much, if at all, exceeding fifty iu number. Of Windham county the committee remark: "The result, in this county, of the pnident management of its [the jail's] affairs, the manner of working prisoners, and the reasonable and honest charges of its officials is, that all the ordinary and the gn'uter part of the extraordinary expenses of the county, including extensive repairs and additions to the court house and jail, and the erection of now buildings, have been paid, and that too without calling upon the towns in the county for either tax, contribution or assess- ment, for more than twenty years." But as there is no central authority in the state, having the general charge and superintendence of the jails, different systems prevail in different counties. In two of them, at least, the leasing system obtains, which we found practised in Illinois and Kentucky in reference to the stute prison. As regards this plan, we are not surprised to find the committee using the following language : "The practice of farming out the prisons and prisoners, your com- mittee regards as most objectionable. It places the jails entirely iu the hands of the jailors, and is liable to many abuses. It is wrong in principle and pernicious iu practice, and has ever proved unprofitable in those counties where it has been adopted." The joint committee accompanied their report with " an act con- cerning prisons," the main purpose of which was to take the charge and custody of the jails " out of the hands of the sherifls, and to place it in the hands of special keepers appointed by the county conunissioners. In advocacy of the proposed change, the committee say : " The time was when by far the larger number of commitments to our jails were debtors, and the sheriffs were held responsible for the suflSciency of the jails, and the safe keeping of the prisoner. But that time has passed. Imprisonment for debt has ceased. The commitments on civil process arc /ery rare. The counties are held responsible for the sufiiciency of their jails, and for the escape of prisoners through their insufiSciency; and the reason for sheriffs being keepers of jaih and having power to appoint deputy keepers UNITED STATU AND CANADA. 881 having coasod to exist, this power of theirs should also cease, and should be hold solely by the county commissioners." The principle of the bill proposed o^ the committee husbeenin< corponited into the legislation of New Jersey, so far as the counties of Essex and Hudson, in that state, are coucernod. An act was passed in 18G7, transferring ''the custody, rule, keeping and charge of the jails in said counties" from the sheriffs of the same to the boards of chosen freeholders therein, and authorizing those boards to appoint keepers of the jails, to continue in office five years, unless sooner removed for cause. The same oct constitutes the jails of the two counties named, workhouses, and requires "hard labor" of certain classes of their inmates. It further authorizes the boords of chosen treeholders of the other counties to adopt all its provisions and fully to carry them out in their respective coun- ties, whenever a majority shall, at a regular meeting, vote so to do, and file a certificate to that eflfect in the office of the secretarj^ of state. The Philadelphia Prison Society strongly urge that this princi- ple be made practical in the legislation of Pennsylvania, in a letter addressed to the governor of that state, under date of December, 1864. We cite the following passage from their communication, in which the view entertained by them is expressed with clearness and force: "Many of the evils of the county prisons (they say) spring from the fact that the sheriff' of the county is, ex officio, the keeper of the prison. It is not believed that men are selected for that important office who are not humane and just. But men do not seek the office of sheriflf for the sake of being the jailor; and if there is any business for the Bheriff" to do beyond the walls of the prison, so much of the time of that functionary is taken from the discharge of a duty which he assumes, but which has no affinity with the other more desirable parts of his official labors. Besides, the office of a sheriff is not a permanency, while that of a prison keeper ought to be. The duties of his place as sheriif must, if discharged, prevent the personal supervision of the prison and the prisoners which a jailor ought to give. And he must be often tempted to enlarge his small income by such efforts at economy as nnist tell hard upon the prisoners, often hard upon the county." The society has touched the kernel of the question in what it says on the necessity of permanence in the office of prison keeper. The tenure of office in this department of the public service should be during good behavior, since prison keepers, supposing 832 PRISONS AND REFORMATORIU OF TUB thoni to possess nn originiil iiptitiulo for their special dif^o^ ''.^. ootno viiliiiible in proportion U8 their experience is enlnrgeJ. In the states of Kentucky and Mitisouri, as we have hccii, .iiu euro of the common juils and the custody of their inmaten are no longer in the hands of the sheritls of the several counties, but arc committed to a distinct class of ofHcers, specially chosen to that service. It is true that they are elected by poptdar vote, and arc consequent!}' political otiicers, which is a most objectional)le fea- ture; but at least the fact statiul shows that there is no natural, and especially no necessary, connection between the office of shoritf and the custody of persons arrested on a charge of crime and detained in jail for trial. Upon the whole, the result of such inquiries as wo Avero able to nuiko into the condition and administration of the common jails of the United States is exceedingly unsatisfactory. There ire tt few model prisons of this class scattered here and there, like oases is a wide desert, aniong which may be named the Suf- folk county jail in Boston and the Baltimore city jail; but the mass of those prisons throughout the country are in a deplorable state. Another Howard is needed to go from jail to jail through the length and breadth of tho land, as the great prison reformer of tho last century traversed not only the British Islands, but almost tho entire continent of Europe, exploring tho prisons of many lands, and dragging their manifold and countless abuses to tho light of day. A now "State of Prisons" is wanted, in which every jail in the United States should bo minutely described, after tho manner in which Howard, in his "State of Prisons," dealt with the jails and bridewells of his day. Our state prisons need many and great reforms, as we have pointed out in a former part of this report; but the reforms needed in our jails and jail systems are, literally, legion. In most com- mon jails the old system prevails in full force; the crowding of prisoners, confusion of crimes, ages, and sometimes sexes; the mixture of indicted and convicted persons, of criminals, debtors, and witnesses; frequent escapes; an almost total absence of what may properly be called discipline; no silence loading the inmates to reflection; no labor accustoming them to industry; enforced idleness that depraves; few books; little religious and no secular instruction; in a word, tho assemblage of all vices and all immo- ralities. In hundreds upon hundreds of these congregations of prisoners, the livelong day is spent in talk; and what sort of talk? UNITED STATES AND CANADA. 383 A!j\s! too woll do wo know the chnrnutor of the conversation car- I'iiMl on tiinoiif^ criniinaiN in a prison. It relates, almost wholly, to the erinicH they perpotnited het'oro their comnilttal, or to those which thoy ineditato after thoir liberation. In snch convcrNutions, each one hoautH of his misdceclH; all dispnto for the priority in infamy; and, in the end, an eqnili))rinm in vice and crime is reached hy the whole, or nearly the whole, company. The less advanced in crime listen eagerly to the greater villians; and the bla(:koHt individual among them becomes a type of depravity for the others. Such is the painful and revolting picture, which truth compels us to draw of the groat majority of the common jails of America; and wo irrievo to say that most of those in our own state form no excoi)tion. Hero is a work for the friends of prison reform. The whole system of common jails, both in respect of organization and administration, needs revolutionizing. It is a herculean labor which we propose, l)ut we feel confident that it can bo done. Truth, patience, zeal, activity, and co-operutive effort are essential elements in the problem; but, these elements being given, the solution of the problem, the success of the undertaking, is certain. The system as now existing must be approached prudently, no doul)t, and in meekness of wisdom; but, nevertheless, it must be approached, assailed, and battered with the weapons of truth, of reason, of argument, and of godlike love, till it is swept away by the force of the assault, and a new and better system adopted in its place. And what shall that better system be? We will not under- take to draw out a plan in detail, but will content ourselves with a few general hints. 1. We must see to it that, at least, the prisoners in our county jails are not made worse by a residence in them, and that, if pos- sible, they leave them improved in principles and character. In locking them up in jail now, nobody thinks of making them bet- ter; the whole thought is that of securing their persons and repressing their malice. Resti'aint, coercion, the putting of fetters on the will, if not on the body — this expresses the whole policy; and the effect is, that, instead of being corrected, they are ren- dered more depraved and brutal than before. But this is all wrong. These arrested persons are precisely those for whom well constructed and well governed prisons are most needed. Surely, he who has not yet been pronounced guilty, and he who has '■■ ■ S i i I '11 384 PRISONS AND REFORMATORIEd OF THE committed but a blight offense against the laws, ought to bo sur- rounded by a greater moral protection than he who is sunk to a lower depth in ft-ime, and whose guilt is acknowledged. Persons under arrest are often innocent, and are so proved on their trial. Is it right to let them find in the prison a corruption which they did not bring to it ? But even if they are guilt}', why place them first in a detention prison, which can hardly fail to corrupt them still more? Is it that, on their conviction, they may be sent to a state prison to be reformed? It has been well remarked by De Tocqucville that "to neglect the less vicious, in order to labor only for the reform of great and hardened criminals, is the same as if only the most infirm Avcre attended to in a hospital; and, in order to take care of patients, perhaps incurable, those Avho might l)e easily restored to health were left M'ithout any attention." Surely, there must be a screw loose, there must be something out of joint, there must, in short, be a radical deficiency, in a prison system which offers anomalies and self contradictions like these. 2. County jails should be made simply houses of detention for persons under arrest and awaiting trial. Their punitive character should be abrogated, and a class of prisons established, corres- ponding to the houses of correction in Massachusetts, intermediate between the state prison and tlie common jail, in which all persons convicted of minor offenses should be confined, under sentence of "hard labor." Detention for trial and punishment on conviction are essentially different processes, and the "fitness of things" re- quires, in each, a special method, in harmony with its nature and adapted to the end in view. The two systems have points widely variant and even incompatible with each other, and cannot bo as successfully managed in conjunction as they can separately. Be- sides, oflicers who have the custody of prisoners awaiting trial, and who convey them to and from court, luck the requisite oppor- tunity to enforce discipline among sentenced prisoners, of Avhom hard labor is exacted, as it should be in the case of all who arc undergoing punishment on conviction. ''• ' 3. Separate imprisonment should be enforced in all comniou jails. If jissociation, as we firmly believe, is the seminal evil of our jail system, tlicn its remedy must lie in individual imprison- ment. The Prison Association has held this vicAV from the start, and maintained it throughout. It is certainly our own, and we arc happy to have it fortified by the judgment of so judicious a writer as Mr. F. Hill, who says: "The separation of prisoners is peculiarly UNITED STATES AND CANADA. 335 proper immediately after arrest, in police prisons, while under examination or waiting for trial. At such time, comparatively little can be known of the prisoner's character, or of the character of those with whom he may be placed in association; and at such periods, therefore, it is generally desirable to enforce a strict separation, not to speak of considerations arising from the danger of the defeat of justice." 4. Provision should be made for imparting religious instruction to all, and secular instruction to such as may need it. Our views on these points have been fully set forth in former parts of this paper, as they stand related to state prisons; and the .arguments there adduced are equally applicable here. Possibly they will apply, in the present case, with added force, since medicines may be administered to the slightly sick with greater hope of advantage than to those in whom disease is approacliing the point of incurable malignity. 5. The reform which would crown, and give efficiency to, all the others is a central authority of some kind, having the general oversight and control of the entire prison system of tne state. The shocking anomalies and contradictions, noticed in a preceding paragraph, spring chie% out of the want of unity in the govern- ment and administrations of the prisons. The state prisons are controlled and governed by state authority ; the common jails and the houses of correction, where such exist, by whatever name called, arc directed by the counties ; while the city prison is superintended and managed by the city itself. These various departments of administration in the several states being almost as independent of each other as tlie states themselves, it results that they hardly ever act either uniformly or simultaneously. One may originate a useful reform within the sphere of its powers ; but the others, clinging to ancient abuses, remain inactive, and make no progress. This is a sore evil. While it continues, though there may be improvement in isolated localities, there can be little general advance in prison discipline. Something may lie cftected here and tlu*re by spasmodic cfForts, but there can be no combined, comprehensive, syslenuitic agencies at work throufrhout the whole field, ac('oiiii)lisliing reforms, commensurate with its tei-ritorial limits, and ade(|uate to the demands of an enlightened statesman- ship and :i progressive civilization. May our noble state, whose example (for evil, we fear, as Avell as for good) is so potent with her sisier states, soon apply the appropriate remedy in the estab- i I !iJ il„ <& -( ; 'I 11 ill I f|i: I if! r' j.|l f 336 PRISONS AND REFORMATORIES OF THE lishmeut of a central authority, invested with the necessary powers, and animated with the zeal and ardor, which alone can insure broad and solid results. How much can be accomplished by such an authority, even with restricted and inadequate powers, has been seen in the exhibition, embodied in the previous chapter, of the remarkable improvements in jail construction and jail administra- tion, achieved in Canada, within the last half dozen years, through the agency of the board of inspectors, so wisely created by the legislature of that province. UNITED STATES AND CANADA. 337 CHAPTER III. Prisons intebmediate between the State Prison. Common Jail and the Prisons of the grade mentioned in the heading to this chapter, receive different designations in the different states — house of cor- rection, penitentiary, worlchouse, bridewell and city prison. Mas- sachusetts is the only state in the Union which has a general sys- tem of this class of penal institutions, called there houses of correction. Even in Massachusetts, these prisons are not managed l)y the state, but are county institutions. Each county has one of them. New York has six penitentiaries, all of them created by special statutes, and directed by the counties in wiiich they are severally situated. Michigan has a house of correction, erected and governed by the city of Detroit. Illinois has a l^ride- wcll in the city of Chicago, managed by the conniion council of the same. Missouri and Kentucky have each a workhouse, situa- ted, the one at St. Louis, the other at Lowisville, and both city institutions. Cincinnati, Ohio, has a city pri.-jon. Wisconsin has a house of correction at Milwaukie, which waua in process oi" con- struction at the time of our visit to the state, aaid has since, we presume, gone into operation. It has been rcpcted to us that there are two houses of correction in Maine; but we did not hear of them at the time of our visit to that state, and we .*'. elude that they are either of little account, or belong to the class of establish- ments which exist only on paper. We visited about one-third of the houses of correction in Massachusetts, and 'ill the other insti- tutions named in the foregoing enumeration, except titoec of our owu state, which we have often inspected at other times. We loft our printed interrogatories in the hands of their superintendents, Init \vc have received only two responses — one from Mr. Secretary Sanborn, of Massachusetts, and the other from Mr. Z. R. Brock- way, superintendent of the Detroit house of correction, Mi( 'ligan. As our observations extended to Canada, we ought, perhaps, iu this connection, to state that there are iu that province no prisons t>f the kind under consideration; but the bojird of inspection {.s urging upon the Legislature, with much zeal uud force of reason- [Assem. No. 35.} 22 v: um i^'U i;m 833 PRISONS AND REFDRMATOBIES OF THE ing, the necessity of such institutions, to which they propose to give the name of " central prisons." The number of houses of correction in Massachusetts is nomi- nally seventeen, but actually thirteen. lu some cases they are wholly distinct establishments; more conmioniy, they are carried ou in connection with the county jails. Each is under a local admin- istration, there bein<^ no conmion bond of union among them. The governing power is vested in the county commissioners and the sheriff, except in Suffolk, where a body of city officers, called the *' board of directors," manages the house of correction, as it do«'s the other penal and reformatory institutions belonging to the city of Boston, with the exception of the common jail. Party politics enters buL slightly, if at all, into the adminstration. The aggre- gate of salaries paid to the officers of these institutions is $50,000, being an average to each slightly under $4,000. The average number of prisoners confined in them is about 1,000. Almost tlie only piinishmcnt is the dark cell; the lash is never used. The commutation law is applied in the houses of correction, and its operation is found beneticial. The prisoners work in associrxtion during the day, and, with few exceptions, sleep in separate cells at night. The law of silence is imposed on prisoners Avhilo tit work, but it is rather nominal than otherwise; in some cases it is scarcely enforced at all. Chaplains a "e provided for some of these prisons, but not for all. None of them give their whole time; their labors are conmionly restricted to a Suiulav service. In a few only of these "houses are iSal)bath schools l»eW; in most, thei'o is a full supply of Bibles. About thirty-live per cent, of the (prisoners cannot read when rec«»ved; and yet no prf>vi»»ion whjiif. evei- is made for teachin;, them. Libiaries aj-e provided, at the eost of the counties, for the greater part or ihiese prisons. Tlie agu-(vgate nnrnbei of volumes in all is about 3,0«>0, the larp ^t being «i5(). The dii'taries are everywhere good. The meal** :uo twually iakfiiu m tlie cells. A suit of clothes is fiiniishod to e-<*eh plisoner o« his 4ivscliarge, if he has not a decent one of h>.M own, ^■i money enough Lo pay his expenses home. Scarcely anything i" dm^e to prevent rclnifmeii, by aiding lil>erated prisoners to pro- «ure places where tli^y may eat honest bread. There are no .sta- tistics showing eithei- what proportion of the prisoners had learned a trade prior to liKir receptk>n, or Avhat during their imprison- ment. The eontrj*»'t system (»*' labor generally prevails, and works badly, both for the -^fei^scipline and the finaanccs. The expenses are UNITED STATES AND CAiADA. 339 I )enscs ure greatly in excess of the revenues. The average length of mi- tciKos is from three to four months. The reformation of the pri- soners is scarcely considered at all. Is it not a pregnant commen- tary on the foi'egoipg exhibition that from thirty to ninety per cent, of the inmates are recommitted ? At least three-fourths of the prisoners are of intemperate habits, and just the same propor- tion are foreigners. The effect of the war has been to diminish, during its continuance, the number of men committed, and greatly to increase that of women. The astounding and alarming fact is stated by the secretary that, nhile in 1854 the females constituted only one-fifth of the inmates of the house of correction, in 1864 they were almost one-half. Admitting that " this startling increase in female criminality i« "^f wholly intelligible," he finds the solu- tion, in part, at least, in the " distribution of state aid and bounty' money." He remarks: " The possession of more monej'^ than usual niiikcs the poor women idle, and, as I have said, exposes them to temptation; they drink, and from this they are led on to worse ott'euces, while the absent sons, husbands and fathers leave them without restraint or protection." No doubt there is much force in tills view; but it does not, in our opinion, jiffiird a complete solu- tion. Causes quite opposite in their nature have been at work to produce the result which we so much deplore. While some have sinned through the abundance of money, others have been led into crime from the want of it; for not all the women left at home had tbolr i-csources increased bj- the absence of those on whom woman naliirally leans for support. Both perils are alluded to in the prayer of Agur, the son of Jakeh, a prayer dictated by the highest wisdom: " Give me neither povert}^ nor riches, lest I be full, and deny thee, or lest I be poor, and steal." As we have not hesitated to avow the conviction that the Massa- cluusetts state prison is, all things considered, the best which it has boon our fortune to visit, so wo have as little hesitation in cx[)rossing the opinion that, so far as our own knowledge goes, the Detroit house of correction holds a like preeminence among the prisons of its class. This establishment is under the care and direction of Mr. Z. li. Brockway, There are few prison officers in this country, or prol)ab]y in any other, Avho combine, in an equal tlegrec, the varied (luallfieatlous roqislte for the successful manage- ment of a penal institution. Mr. Brockway l)cgan his career under tbe famous Amos Pllsbury, of the Albany penitentiary, with whom he served, so tp spouk, an apprenticeship of several years. From p: ;i.S v ill ft! I '4^ mil 340 PRISONS AND REFORMATORIES OF THE Albany he was called, such was the distinction he had achieved there, to bo the lirst superintendent of the Monroe county peniten- tiary, at Rochester. This position involved a work of organization, lis well as administration, in both which he ji^stified the contideiice of those who called him to it. He continued at the head of Ihut institution for a period of live or six years, and would, no douht, have remained there to the present time, had he not, at the urgent invitation of the authorities of Detroit, accepted the position which ho now holds. In organizing the new prison at Detroit and in subsequently administering its government and discipline, he displayed an ability no less signal and achieved a success no less conspicuons, than he had previously done at Rochester. A ^f^ntlemanof endowments so marked and an experience so extended, while his work would naturally claim attention and study, niiiy well be permitted to declare it himself; and, certainly, his utter- .mces are entitled to a most respectful consideration. We theic- ^ore give place, without abridgement or alteration, to a communi- cation of Mr. Brockway, in which he favors us with an account of ','h-) institution under his care. The following is the paper to ^vhich we refer : Detroit House of Correction, ) 2dlh November, 1865. ) Rev. E. C. Wines, D. D. : My Dear Sir — Ev(>nts over which I hau no control, have ren- dered it iinpossibU- tor me to fultill my partial promise to answer the four hundred and thirty questions touching the prison sy.slein, or to write at lengtli upon the «ui)Jet't of convict enipl()3'meiii. I should havf advise'l you of tills before, but had not relinquished the [)ii»'pose until to < lay. Trusting to your ben<'Volence to over- look w'M<< may reaKonal)iy seem to you to be a want of regard for yoin'Sflf and lack of interest in your work; assuring you of my deep int**rest in tlie proposed reorganization of our prison sy>t( in and of my profound resp^M't f^^r yourself. I will apjK'ud smne facts of interest ab»>ut this i.i-tituiiou, wliicli. together with the set of our aMoiial rejj^^rts soni'- time since for • arded to you, will coai- prise th<' whole of my nimunieation at this time The House of Correction is managed by the superintendent, appointed for tiiree years by the counnon council of the eiiy, <>n the noniinatio.i of the mayor and board of inspectors, consisting of five persons, viz., tlie mayor of the city of Detroit, and the eliair- man of the Board of Inspectors of the State Prison, rx-officio, and three citizens appointed in the same way as the superintendent, one being appointed annually UNITED STATES AND CANADA. 341 The buildings were erected in 1861, at a cost of $80,000, exclu- sive of tlic site, and are arranged in the form of a Latin Cross, and arc in their general aspect, qnito simihir to the Albany county penitentiary. In the rear of tlie wings containing the cells, are two yards; one for males and the other for females; the former about 175 feet square, containing workshops; the latter, about the same size, contains the fuel building, and is used chiefly for domes- tic purposes. These yards are surrounded by a brick Avail sixteen foot liigh, surmounted with sentinel towers, and are neatly laid out, graded, graveled and sodded, and are separated by a wing two stories in height, used for kitchens, hospitals, chapel, &c. Imme- diately in front of the building and outside of the enclosure, aie ornamental grounds, 100 by 600 feet, and an additional space of 600 feet square is being sul)dued, and is soon to be added. Tliere is also a tine garden of about ten acres in the rear. The staff' of prison officers is composed of the superintendent, clevk, chaplain, four overseers, two guards and four matrons — all appointed by the superintendent, subject to the approval of the inspectors, and removable by him at his pleasure. ■ The salaries are as follows : The superintendent $2,500 per annum and p€r((uisites. assistant do 650 do and board. clerk 400 do do chaplain (equal to), 500 do do overseers 300 do , do , g\iards 240 do do ,, . matrons 20ato250do do Appointments are not atl'ected by party politics, except in the appointment of inspectors; and the influence of this does, in no degree, alFect the administration of the prison. In the administration of the discipline, kindness is emploj^ed, and is esteemed a very important means. Prompt attention to the reasonable requests of prisoners, considerate treatment and the maintaining of a kind, benevolent demeanor in the intercourse of oliioojs and prisoners, produces the most gratifying effect. Kewards are also enq)loycd as a stimulus to good conduct, viz.: commuta- tion of sentence three days per month; the allowance of overwork (paid only at the expiration of the sentence) ; and, in the female prison, the division of the i)risoners into two grades. The lowest grade are kept in separate cells when not at work; live upon the coarse i)ris()n diet, witho\it tea or coffee, and non- intercourse is always enforceti among them. They are, however, admitted to the privileges of tlie Uhrary, atlentl upon the daily and weekly devotions, and receive visits from the chaplain at the cell door. The higher grade sleep and spend their liusiness hours in a room togotlier, are allowed to converse with each other, under the rrstraint imposed by the proximity of the matron, who can hear the conversation, though she is not present in their room. They < <'l iK''s3 342 PRISONS AND REFORMATORIES OF THE 'II 'i !l il ill, V I '1^ , i i^ are allowed sonic privileges of diet, a distinction is made in their clothin,'^, and they are snpplied Avith greater variety of reading matter. The chaplain, snperintcndcnt, and other friends, frc- quent'y visit their roonj after work honrs, for the purpose of rend- ing, or speaking, or studying the scripture with them, and usually cn..ubioct that a bad or incora- potfiit officer <:ou!*Misation of law, so the new era of "rewards," in the nianagome^it of prisoners, will reiuler the discussion of the siibjcct of puni»hments compartivoly uuiiuportaut. UNITED STATES AND CANADA. 343 haviiinr The prisoners in this institution are employed nt the niunufac- ture of chairs, the wood work of which is made by the males, and the females are engaged in braiding the seats. There are no contractors in this prison. The superintendent purchases material, directs the labor, and sells the goods. The prison, under this system, is entirely self-sustaining, as will be subsequently shown, and funds sufficient to test the value of "rewards" and other modifying appliances are supplied, Avithout an appeal to the treasury of the state. I have no doubt that so soon as the number of nudes in confinement reaches the maximum capacity of the prison, we shall be able to adopt the eiffht hour system, and still l)e " sclf-sustaining." The institution was opened in August, 1861. The average num- ber of prisoners in continement up to December 31, 1862, was 96^3^, more than one-half of whom Avere females. The whole expenditure for that period was $16,030.85 and the income, $6,- 794.51, leaving a deficit of $9,242.34. The average number of prisoners in confinement for the year ending December 31, 1863, was 126 and a fraction, not quite one- half of whom were females. The expenditure for this year was $16,231.20, and the income $13,231.20, leaving a deficit of $3,000. The average number of prisoners in continement for 1864, was 142 and a fraction, one-third of whom were females. The expenditure for the year was $24,305.08; and the income, $26,316.88, leaving a surplus of $2,011.80. The year 1865 is not yet closc'^ and my statements are not ready. I estimate, however, that the average number of prison- ers will be about 175 (one-half females) ; that the expenditure will be $25,000, and the earnings $30 000, or in that ratio; and that I shall be able to report a surplus of $5,000. The contract system meets with very j^eneral denunciation in these days, and I confidently expect will soon be superseded throughout the prisons of the land, though much of the evil attri- buted to it more justly belongs to its nial administration. I have refused all offers for the emploj'ment of the prisoners here, and intend to test by actual ex])erimeut the value of the sys- tem now in operation. I feel that there are very gross defects in the prison a3'stem of the land, and that, as a whole, it docs not accomplish its design; and that the tmie has come for reconstruction, 'ihere are, doubt- loss, in operation in the prisons of this country, religious and moral agencies, physical and liygienic regulations, and a system of em- ployment for prisoners, which, if combined in the management of one institution, would produce a model prison indeed. To find thorn, combine them, and apply them, is to my view the great dosideratum. When this shall have been accomplicihed, and every state is supplied with a graduated system of graded prisons, con. trolled by an independent central authority; and when the crimi. '\ 344 PRI80NB AND REFORMATORIES OF THE ] iml cotlo shiiU luivo been made to corrcHponcl with tho new stale of things, then, juul not till then, nmy we rest. This is an a«re of drmouMrotinn, nnil tho i)racticiil»ih'ty of tJio proposed improvements must ho demonstrated at every 8t't rotten kind of wood, into any part of which ono may run a knife almost to the hilt, and it would burn like tinder. * * * * The match of the incendiary or thccarc- eslsness of an attendant might, at any moment, envelope the build- ing in flames, when nothing short <: f a miracle could save those confined there. The next crying sin is the lack of proper provi- sion for cleanliness ai.d seclusion. The little cells, each intended for one person, and furnished with a single cot of boards and a tick filled with straw, are made, in many cases, to hold two per- sons, who, in this hot weather (August), are obliged to lie as closely packed as herring in a barrel; this, too, while several of the cells are unoccupied, and for the shameful reason that there is not enough of that bedding to supply- one tick to each cell. Of course, this leaves no material for changing, and many of the ticks and covers are in a dreadfully dirty condition — they cannot be S[)arcd for washing. The privies were in a wretchedly filthy con- dition, and as for^vashing, the prisoners use one long trough, with- out soap. Another radical Avrong of the place is the lack of any cnii)loyment for the prisoners. The men arc set to stone-breaking and wood-sawing, but there is not enough of these kinds of labor to keep them all busy. The women arc much worse provided for in this respect. They had rag picking last winter, but that ran out long ago; and now they have nothing to do, except some little domestic labor. The maintenance of the prisoners is almost wholly HI Ij IMAGE EVALUATION TEST TARGET (MT-3) /> %^ K 1.0 I.I ■ iO |2.5 lii 2.2 L25 Biu ■:.6 "> •v^ ''i V '/ Sciences CorpOTation 23 WiST MAIN STRUT WiBSTH.N.Y. MS80 (716)a73-4S03 '^ %" %^ O 346 PRISONS AND REFORMATORIES OF THE a charge upon the city, whereas their labor should be a source of profit." The city workhouse at St. Louis, Missouri, though very far from being what such an institution ought to be, is yet many degrees in advance of the city bridewell at Chicago. We spent part of a day in the institution, and w^ere courteously shown through its several departments, by the gentlemanly superintendent, Mr. James Ludington. It was on a Saturday that we paid our visit and made our inspection ; and wo had the good fortune to find there the mayor cf the city, the Hon. James S. Thomas, on an errand of mercy. It appears that all the sentences to this prison are alter- native ones, that is, such an amount of fine or so many days' con- finement. Every dollar of fine unpaid requires two days' impri< sonment ; but the maximum of imprisonment is one hundred days. Now, as the inmates of the workhouse cannot appear personally before the mayor, and as few of them have friends to interpose in their behalf, the mayor is accustomed to spend one Saturday each month at the prison, which he devotes to hearing the statements of such as may be deserving of executive clemency. The result is, thftt some of the most worthy have their fines remitted, either wholly or in part. Seveml, after a hearing of their case, were released on the day of our visit. Such are required to report once a week to the mayor, giving the name of their employer and place of occupation. In case of a failure to pay a portion of the fine imposed from the earnings of each week, they are remanded back to prison to serve out the unexpired part of their sentence ; and, in case of a new arraignment and conviction, the fresh penalty is ad- ded to, not substituted for, the old. Several were thus conditionally discharged on the day of our visit ; and, while expressing the most grateful sense of his honor's kindness, they made strong prom- ises of amendment and an honest course of life for the future. Mr. Thomas informed us that quite a number were in this way reclamined and saved. We find in our note book sundry memoranda made in connec- tion with this inspection ; but soon after our return east, we received from the author, the venerable Dr. Elliot, for more than thirty years pastor of a church in St. Louis, a " Statement of the Actual Condition of tho Prisons in the City and County of !St. Louis, prepared after Careful Inspection, and respectfully addressed to his Fellow-Citizens." We do not hesitate to substitute his ac- count for any we might frame from our own notes. He s«} s : )nuec- st, we Ihau f the If 8t. osscd lis ac- suys : UNITED ETATES AND CANADA. 347 •'This institution is situated on CarondeVt road, three miles below the city, on high and pleasant ground, including about ten acres, and might be made everything desired. I was there the other day, when a half a dozen of the calaboose graduates were received. One of them was an old man entirely blind, nn habitual drunkard, who spends a great part of his time there, being out only long enough to commit some new outrage to send him back again. There were three degraded women, who looked as if they could not be made worse, and probably no attempt was ever proposed to make them better. " Two of the men were hand-cuffed, evidently hardened offenders who had been there before, one of them a discharged soldier. They were required to sit down on the ground while shackles were riveted upon their ankles, with a chain just long enough to move with a shambling walk. During this process they were full of blasphemy and curses, and one, a young man, whoso face was marked by the deep lines of dissipation, three score and ten years old in iniquity, was so insulting in his behavior that he was pun- ished by a severe blow on the spot. They were then prepared, their hand-cuffs having been removed, to take their places with one of the work-house gangs, employed under the direction armed guards in the quarry or upon the streets in that vicinity, to work out their lines ; the publicity of their punishment lessening what poor hope there might be of their reformation. '•I went carefully through the whole building and grounds, and into many of the cells. The buildings are unskillfully arranged, and although kept with considerable care, some of the colls, in which some of the sick or insane were confined, were insufferably offensive. The cells are twelve by eighteen feet large, with tolera- ble ventilation, and each of them contains at night eight persons, with little or no regard to classification. There were fortj-three insane persons in keeping, a few of them in close confinement, but the most of them at comparative liberty, several being regularly employed in different kinds of mental labor. The whole number of prisoners was about one hundred and fifty, nearly half of whom were women. "The men were away at their different places of work, as I have said, but the women, to the number of forty or fifty, I found employed in breaking stone for macadamizing tlie streets. It was a sad sight. Nearly all of them are young, some only sixteen or seventeen years old. A few retained some little remaining modesty 843 PRISONS AND REFORMATORIES OF THE of appearance, but their faces and manner generally showed, plainly enough, the absence of all shame. They were working lazily, but talking busily, and it was easj' to see that whatever sparks of virtue might be left were in the way of rapid extinguish- ment. "Throughout the institution I saw no evidence of severe physi- cal hardship nor of habitual cruelty of treatment, although the law of force was evidently that which alone governed everything. It was equally evident that no moral or reh'gious influence of any kind is at work there. The place is unvisited by ministers of the gospel, catholic or protcstant, except perhaps upon some urgent occasion, and no instruction of any kind, week days or Sundays is given. Three-fourths of the inmates, taking ten years together, have belonged, as I was informed, nominally to the Roman catholic communion, and formerly were often visited by their priests, but not at all during the last four or five years. They must have found it a most discouraging field of wofk, but it ought not to be neglected. Many of the prisoners were on sentence for the second or third time, and the oflScer said that some whom he found there ten years ago, are in confinement now, having been discharged and recommitted perhaps a dozen times. Financially, the insti- tution is nearly self-supporting ; and taking the system as it is, I should say it is not unskillfully managed. But it is the system of which we complain. It is one of continual demoralization, to make the bad worse instead of better, to degrade instead of ele- vating, to ruin instead of saving, to increase the sum of iniquity by which the community is cursed, instead of lessening it. Take that calaboose and workhouse together, they train and graduate iu wickedness more than any school or church in the city can educate in virtue. You may say that the material is worthless at an' e, and not worth saving, but Jesus Christ did not teach li.^ 8c .0 human being is worthless, and he died to save the vilest sinner from death. The ruin of these outcasts will be required at the hands of Christendom. "Sick, and in prison and \e visited me not," is a sentence which christian churches and legislators may be compelled to hear to their confusion. Or, if humanity and christian love cannot enforce wiser systems of punishment, the self protection of society should do so. It is the most expensive system and the most ruinous that could be devised. I am not so tender hearted as to screen the guilty from the punishment due to their crimes, nor do I believe in petting the criminal so as to UNITED STATES AND CANADA. 34d change his punishment into a re\yard. But I believe that Christi- anity and social science equally require that punishment should be so conducted as to prevent the criminal from being made worse, and to give him favorable opportunities for reform. Our present system is the exact reverse of this, and the baneful result is everywhere seen." Of all the prisons of the class under consideration, the city work house at Louisville, Kentucky, is the vilest den we have ever seen used for the abode of human beings. The number of inmates at the time of our visit, was seventy, one-third of whom were women. The only employment here is crushing stone for roads; and men and women work together at the business. Tliere is no restraint upon their conversation, which may well be judged the most foul and corrupting imaginable; and such, in 2)oint of fact, we were informed, it is. The same is true, when the two sexes are in their several yards within the prison enclosure. Though separated by a stone wall, they talk through it with ease, and without restriction. The cells are certainly not more than eight feet square; and yet five men sleep on a platform raised a little above the rest of the floor, without beds of any sort, and with no bedding but blankets; shuck beds being, however, as we were told, furnished in winter. All the ventilation these cells have is through a slit in the wall, some two or three feet long, and about six inches wide. The air, e'cn in the daytime, with the doors open and no occupants inside, was the foulest we ever breathed. What must it be when five men have been locked in a cell for twelve or fourteen consecutive hours, and used it, more- over, for all the calls of nature; for, be it known, there is not a privy on the prison premises! Thirty years ago, the French com- missioners, De Beaumont and De Tocqueville, "found (so they report) in the prison of New Orleans, men together with hogs, in the midst of all odors and nuisances." They add: "It cannot be called a prison; it is a horrid sink, in which they are crowded together, and which is fit only for those dirty animals found here together with the prisoners, who were not slaves, but persons free in the ordinary' course of life." We did not, indeed, find pigs associated in the Louisville work house with men, in the occupancy of these cells; but, at all events, their presence could scarcely have made them worse than they were. The city prison at Cincinnati, Ohio, consists of two departments, one for males and the other for females, accommodated in differ- aeo PRISONS AND BEFORMATORIES OF THE ent buildings, which are situated in parts of the city quite distant from each other. We do not remember ever to have -seen, nor could we easily conceive of, two branches of one and the same institution in sharper contrast the one with the other. The male prison is an old li,very stable, which has been con- verted into a place for the confinement of criminals. It is indeed a horrid establishment — insecure, unventilated, filthy, most offen- sive in its smells, with no discipline, and without work for its inmates, or the first thought or effort towards their reformation. There is not, or at least there was not at the time of our visit, a single bed in the prison. The prisoners slept on boards, arranged tier above tier, in rows of iron crates or cages, running the entire length of the building. They had much of the aspect of the cages in a menagerie of wild beasts. In short, the whole appearance and tone of the establishment we found repulsive in the extreme, and the impression left upon the mind was deeply painful. We could not look upon it otherwise than as a discredit to the^great city of which it forms one of the prominent penal institutions. We felt it as a great relief when, after a ride of a mile or two in a street car, we found ourselves in the female department of the same prison. The contrast could scarcely be more complete than it is in all respects. The institution is under the superin- tendence of " Mother Mary Stanislaus, Religious of the Good Shepherd," assisted by sisters of the same order. The prison is an old school house, quite unfit for the purposes to which it is now devoted; but it is one of the best regulated and best con- ducted institutions we met with in all our travels. Every part was as clean as water, soap and brushes could make it, and as sweet as any private house. The women were tidily dressed in phiin calico, each with a clean white apron. They wore a sub- dued and cheerful air, very different from the glum and sullen looks so often seen in persons of their class in other prisons. They were busy at work making garments, and seemed to ply the needle with a will. During the late war, they did a great deal of work, at remunerative prices, for the government; but since then, greater diflBculty has been experienced in procuring profitable employ- ment. As an encouragement to industry and good conduct, the prisoners are allowed, for their own use, from twenty to twenty- five per cent of their earnings. Those who remain six months, if they have been uniformly industrious and obedient, are presented with a neat calico dress and shaker bonnet, and sometimes, for UNITED STATES AND CANADA. 361 extra good conduct, with a pair of shoes as well. Mother Stanis* laus informed us thut these little rewards operated like a charm, and were found more effective in maintaining discipline than all the harshness and severity that could be employed. The number of inmates at the time of our inspection was seventy-five, and their average continuance in the prison was stated to us at about four months. This admirable prison owes its present organization and man- agement to Mrs. Sarah Peter, a widow lady of great intelligence and philanthropy. To our regret, Mrs. Peter was absent from Cincinnati when we were there. We subsequently entered into correspondence with her, in the course of which we received three letters, which t;ontain statements and views of so much interest and value, that we have deemed it proper to publish extended extracts from them in the appendix. 'These are commended to the reader as well worthy of his attention. Mrs. Peter, being an earnest Catholic, is rather warm in her praises of the sisterhood who have charge of the prison; a matter upon which, commis- sioned as we were simply to examine into the condition and man- agement of prisons and to report the facts concerning them, we do not feel called upon to express any opinion. The county penitentiaries of our own state are, without doubt, the best penal institutions we have, owing, ns we conceive, to the fact that their administration in some of the counties is entirely, and in the others measurably, free from the blighting effect of political influence. The penitentiaries in the counties of Albany, Monroe and Erie may, according to the theory of prison discipline heretofore and now prevalent in this country, be justly pronounced model institutions, except that, even under the prevalence of that theory, greater prominence might be and ought to be given to the departments of religion and education. But the prisons named, and others of their class, have been, both in their organia and administrative relations, so often and so fully set before the legis- lature and the people of this state, in the reports of the Prison Association, that we may well forbear to encumber these pages with what must already be familiar to all who take an interest in subjects and discussions of this nature. We have thus completed the circle of prisons included in the designation placed at the head of this chapter. The houses of correction in Boston and Detroit, the female branch of the city prison of Cincinnati, and the three penitentiaries in New York, m PRISONS AND REFORMATORIES OF THE mentioned in the last paragraph, are iindoubtedly the best organized and the best administered of their class in the country. Beyond them, the catalogue is limited and the results meagre. Massachusetts leads here, as she does in other cltwet's of penal and correctional insti- tuti(ms ; but in this, as well as those, she is as yet far from having *' attained." The number of these institutions in that state is too groat both for economic and moral results. Her board of state charities is urging a reduction of the number to four ; and wo quite concur in their views. New York needs from ten to fifteen; or, possibly, one in each of the eight judicial districts might be sufficient. On their importance and, indeed, necessity to complete an adequate prison system for our state, we will not now enlarge, as wo have said all we deem needful on that subject in the first chapter of the present report ; and to the treatment which the topic there receives (pp. 67-71) we refer the reader for what might fitly be said here, if it had not been said elsewhere before. UNITED STATES AMD CANADA. 353 CHAPTER IV. Juvenile Reformatories. The untlorsigneil, in the progress of their visitation, gave much attention to institutions devoted to the reformation cf juvenile delinquents. We failed, indeed, from causes with which it is hardly necessary to trouble the legislature, to see either of the reformatories of Canada, the state reform school of Michigan, the state reform farm of Ohio, and the juvenile farm school on Thomp- son's Island, Massachusetts. With these exceptions, wo visited and examined all the correctional institutions of much note, in the states constituting the field of our inquiries, viz : The Chicago Reform School, Illinois ; the State Reform School at Waukesha, Wisconsin ; the St. Louis House of Refuge, Missouri ; the Louis- ville House of Refuge, Kentucky ; the Cincinnati House of Refuge, Ohio ; the Western House of Refuge, Pittsburgh, and the Eastern House of Refuge (colored and Avhite departments), Philadelphia, Pennsylvania ; the Baltimore House of Refuge, Maryland ; State Reform School at Meriden, Connecticut ; Providence Reform School, Rhode Island ; State Reform School, near Portland, Maine ; State Reform School, at Concord, New Hampshire ; and State Reform School at Westborough ; State Industrial School for Girls, at Lancastfcr ; Nautical Branch of State Reform School, on board SchoolShips, and Boston House of Reformation, Deer Island, all in Massachusetts. From the superintendents of all the correctional institutions visited by us we received answers to our printed interrogatories, except the State Reform School of New Hampshire, the Boston House of Reformation, the Pittsburgh House of Refuge, and the House of Refuge at Louisville. From the last named none were expected, as it had bedu in operation less than two months. We also received replies from one institution not visited — the State Reform School of Michigan. The fourteen papers, embodying the answers to our questions, are published in extenso in the appendix. This will obviate the necessity of preparing any extended account of this class of insti- tutions, thus saving both our own and our readers' time, and pre- [Assem. No. 35.J 23 354 PRISONS AND REFORMATORIES OF THE sonting the information coniniunicntcd in u nioro nutlicntic and, probably, more acccptultic form. Wo dcsiro, however, to make, and indeed feel it our duty to make, this general remark : That there ii< nochiss of institutions in our country, connected with the repression aniult) of justice than to the furthv. . unco of a wise auu ovou-bandod aJmiiiistrutioa of tho same. Hon. Israel Washburn, of Maine : I am uut prepared to my that it is. Hon. Samuel Wells, of Maine : So far as my knowledge extends, I should answer this question in the negative. The prac- tice of pardoning, where the conviction was proper and there is not full evidence of an entire reformation in the convict, is, in my opinion, very pernicious. It is the letting loose of a dangerous man to prey upon society. A similar objection exists to a sen- tence for a short period, when no reformation can bo expected. As soon as the offender is liberated, he at once assumes his crimi- nal course, and continues it until he is again arrested. But we cannot take from the judges the power of passing sentence upon convicted crirainals. The only remedy that exists for such cases is the appointment of wise and considerate judges, who, while they look with a merciful eye upon the prisoner, will also look with a merciful eye upon the community. Hon. W. L. Greenly, of Michigan : It is. Hon. John A. King, of New York : The power of pardoning, as it now exists in this state, has, upon the whole, served the ends of justice. Hon. Wm. F. Johnston, of Pennsylvania : I have not sufficient facts within my reach to answer this inquiry. While I know the pardoning power has frequently defeated the ends of justice, I do nut think its exercise has been more detrimental than beneficial to society. This opinion is scarcely worth your regard, as I have, as stated, no data to form it correctly. Permit me to relate an incident. I had been in the habit, by way of caution, of consulting the warden of the E&stern peniten- tiary, upon almost every application for pardon of persons in the institution under his charge. I had pardoned a man, convicted of some slight offence and sentenced for a short time. Shortly after, I met in the streets of Philadelphia, the warden, who, after the usual salutations, remarked — "Governor, thee did a great wrong in pardoning 'Billy Blink.' " I had no recollection of the man or case. The warden then informed me that he was a very bad man, that Billy Blink was a flash name, and that he had been either once or twice before in his custody as an offender, and had been pardoned on former occasions. Being resolved to investi- •i 372 APPENDIX. gate the matter, I procured, to forward to the worthy warden, the names of the parties and influences they had brought to boar to procure the pardon. Within ten days or two weeks after this conversation, I met the warden at the seat of government. In our conversati(m ho said, "I told thee. Governor, a few days ago, that thou hadst done a great wrong in pardoning ' Billy Blink.' I now wish to withdraw that declaration. He has been convicted, two days ago, of a much greater crime, and, indeed, of two. Ho has been sentenced to seven years in the penitentiary. He Is now under my care. So thee may see that thee has not done so great a wrong as I supposed." Mr. Blink certainly remained during the balance of my official life. Yet this man had secured, by some means, the active exertions of an eminent and worthy citizen, whose position commanded respect, and whose high character for truth and honor forbade suspicion of improper motives. ^ Question IV. Do you, or do you not, think that a recommendation for pardon by the jury, who pronounce the culprit guilty, ought to be excluded as incompatible with that verdict, and that the recom- mendation to a merciful consideration should be restricted to the judge or judges who tried the case? Answers. Chief Justice Ciiase, of Ohio : I Avould not exclude from con- sideration the recommendation of juries who, being selected for trial of the facts, are, in general, most competent to pronounce on their value ; nor am I prepared to say that I would give them less weight than the recommendation of judges. Hon. A. H. HoLLEY, of Connecticut : I think the only proper action of a jury is to determine whether a culprit is guilty or not guilty. Any mitigating circumstances that may have been devel- oped on the trial are quite as likelj' to meet with proper considera- tion from a judge, in making his charge, as from a jury. • Hon Israel Washburn, of Maine : There are many objections to receiving the recommendation of the jury, though it may not always be incompatible with the verdict. On the whole I think it would be better to restrict these recommendations to the judges. Hon. Samuel Wells, of Maine : A recommendation for pardon generally grows out of some mitigating circumstances apparent to the jury. It is merely the expression of their individual opinions, has no binding force in law, and not much in practice. It is not easy to exclude it, for if refused when the verdict is rendered, the jury can present it afterwards. It is not incompatible with the APPENDIX. 373 verdict, for when a jury feel bound to convict, by the law and by the evidence at the same time, they might desire that the offender should be pardoned. Their action is equivalent to saying, as honest men wo are bound to convict you, but from favorable cir- cumstances in the case, we would pardon you, if we had the power. A sensible executive would judge for himself whether a convict ought to be pardoned, and not substitute a mere recommendation of a jury for his own judgment. I think it is best to let the mat- ter remain as it is. Hon. W. L. Greenly, of Michigan : The recommendation of the jury who pronounced the convict guilty would have a tendency to sliow that, although, under the law and the testimony, they might have felt bound to convict, still that in their minds there were some extenuating circumstances in the case. However, in my opinion, the recommendation of such jury should always be accompanied by the recommendation of the judge who tried the cause, with that of the district attorney who prosecuted the case. Hon. John A. King, of New York : A recommendation for par- don by the jury should not be forbidden, for while the stern requirments of the law are satisfied by its verdict, the merciful feelings of the heart should never be wholly stifled. The jury and not the judge should recommend to mercy. It is the province of the jury to weigh the testimony and to agree upon a verdict, and of the judge to pronounce the sentence of the law. Hon Wm. F. Johnston, of Pennsylvania : I would not regard the petition or recommendation of a jury for the pardon of a criminal whom it had found guilty, unless based upon after dis- covered testimony. It is simply asking us to be guided by their " word," instead of their oath. I consider it a weakness and infirmity of purpose for a juror to ask or unite in such applications. I know no reason why a judge who has tried a cause should not be heard in r.n application for mercy. Law may demand conviction and sentence, and yet the " end and purpose " of all punishment and penalties being tlie reformation of the offender, a conscientious judge, thus knowing all the circumstances and minutiro of the case, may be regarded as a very safe adviser. Within my experi- ence, I found judges very seldom interfered in such matters. Question V. Is it your opinion that the ends of justice and the real interests of the convicts themselves would be better promoted, if tlie power of pardoning in the executive were modified and circumscribed by a wisely organized council board of pardon, as is the case in some states in this country and in some European governments ; or do you regard the power of pardoning as an inherent, absolute and 't 374 APPENDIX. essential attribute of the executive, so that it ought to continue in the same form in which it now exists in nearly all the states ? Answebs. Chief Justice Chase, of Ohio: •' In the multitude of counsellors there is safety," though not always for the counselled. As gov- ernor, I should certainly like the aid to counsel conclusions and the diminution of responsibility which a wisely organized council or pardon board would afford. I by no means think that the power of pardon is an inherent, absolute and essential attribute of the exeicutive. On the contrary, it is in my judgment neither inherent, nor absolute, nor essential. It must be somewhere, how- ever, or gross wrongs would remain without correctives; but it is for the people of each state to say where it shall be lodged. Hon. Wm. W. Ellsworth, of Connecticut: in Connecticut is quite satisfactory to me. The course pursued Hon. A. H. HoLLEY, of Connecticut: I do not regard the par- doning power as an inherent right, or as an essential attribute of the executive; nor should it exist in any state in that form. Let it be thoroughly understood that certain and speedy pun^ ishment will follow the conviction of crime, and in my judgment, the number of criminals will soon be greatly diminished. Hon. Israel Washburn, of Maine: I think the pardoning power should not be vested in the chief magistrate alone. In Maine, the governor may pardon only upon the advice of the executive council, a body of seven members, elected annually by the Legislature. No doubt the power would be more wisely and judiciously exercised if vested in a governor or chief executive, upon the advice of a special board of pardon, such as is mentioned in the question. Hon. Saihjel Wells, of Maine: It might be diflBcult to obtain " a wisely orgaiu'zed council or board of pardon," and such council or board would be liable to the same influences as now operate upon the executives. It is not perceived that there could be any material difference in the examination of a case of pardon, and the decision in refe- rence to it between a governor and council and a board of pardon. If they were sensible men, their views would be similar. A "council or board of pardon" would be full as likely to yield to popular clamor or tender sensibilities as the executive. They would be constantly assailed and soon become unpopular, and their usefulness impaired. They would be a sort of collateral power in the government, unsupported by either branch of it. I think the pardoning power should remtiin with the executive. APPENDIX. 375 The people can determine by their constitutions whether it shall be an attribute of executive power or not. It is certainly not an eijsential attribute to the existence of the executive power, but, in my judgment, properly appertains to it. Hon. W. L. Greenly, of Michigan: There are cases constantly arising, in reference to which after conviction may be had, some evidence has come to light, or some circumstances have arisen, showing that the convict was illegally or unjustly convicted; and of course, in such cases, the law should invest in some individual or some board the power to pardon, and I think that a wisely organized board of pardon would be the proper pardoning power. Hon. John A. King, of New York: I think the ends of justice are best promoted by giving the power of pardoning to the execu- tive alone, as one of its essential attributes. The responsibility is then perfect. An organized council or board of pardon divides the responsibility among several, which should, in my judgment, belong to one. I therefore regard the power of pardoning as an inherent, absolute and essential attribute of the executive, which should be continued in the same form in which it now exists in nearly all the states. Hon. Wm. F. Johnston, of Pennsylvania: I don't know to what extent an advisory committee might be beneficial in aiding an executive in the exercise of this responsible power. Divided res- ponsibilities do not work well in most matters, whether public. or private. If an organized council of wise and honest men, beyond the reach of personal or partizan influences, would advise with an executive, it might occasionally prevent errors. If such council is wise to advise, it is well enough to let it act. I would not advo- cate the adoption of a system that would enable the executive to charge the council, or, vice versa — with any great injury that might arise from an injudicious pardon. In the formation of laws and institutions, there may be safety in a multitude of counsellors; in the execution of laws and duties, I think it is otherwise. Let us have no divided or shifting responsibility. I consider that the proper and best depository oC44^he pardon- ing power, is where it will be most faithfully exercised. I do not regard it as an inherent, absolute and essential attribute of the chief magistrate of any people. Question VI. If you ihink that there should be a council or board of pardon, is it your opinion that, whenever state constitutions are changed, authority ought to be conferred upon the legislature to establish such councils or boards? k-i 376 APPENDS. Answers. Chief Justice Chase, of Ohio: I see no objection to legislative authority to establish such a council or board. It would, doubt- less, be exercised or not, and if exercised, exercised wisely, with reference to the circumstances of each state. Hon. A. H. HoLLEY, of Connecticut: The pardoning power should be restricted to the legislature of the state. A council or board of pardon being in existence perpetually, is accessible at all times, and if its decision were final, there would probably be less searching investigation than there would be before a legislature, acting, as is the custom in these days, upon the report of a com- mittee. Such a committee would be an appropriate council, and its report would be subject to investigation by the body appoint- ing it. Hon. IsBAEL Washburn, of Maine: Unquestionably — aye. Hon. Samuel Wells, of Maine: The answer to the fifth ques- tion is an answer to this. Hon. Wm. L. Gbeeni.t, of Michigan: I do think that the con- stitution of each state should confer upon the legislature the authority to establish such board, and in justice to the governor and to the people, should divest the governor of the pardoning power. Hon. John A. King, of New York: For the reason assigned in my answer to the preceding question, I think that there should not be a council or board of pardon; and that authority should not be conferred by state convention on the legislature to establish such council or board. Hon. Wm. F. Johnston, of Pennsylvania: Believing that a coun- cil or board of pardon, whether acting with or without the execu- tive, would not lessen the evils arising from an abuse of the par- doning power, I could not recommend its creation by legislative authority. ,Jf, indeed, it should be the best depository of the power, let the authority be conferred by the organic laws or con- stitutional provision. These boards may become the instruments of party hatred or partialities, or may be condemned unjustly by such influences. They, at least, ought to be permanent enough to secure them from sudden changes. Our legislatures change frequently, and never fail to sacrifice those whom they cannot con- trol. Freshly conferred power is always gently tried, and fre- quent]}' without regard to ulterior results. APPENDIX. 577 Question VII. Is there any other mode besides that indicated in questions V and VI, whereby the power of pardon can be properly limited or regulated ? AXSWEBS. Chief Justice Chase, of Ohio : It might be properly limited by constitutional provisions operating directly; and I am inclined to think that its restriction (except perhaps under special circum- stances) to offences and crimes after conviction, would be wise. Hon. A. H. Holley, of Connecticut : There may be other and wiser methods of regulating the pardoning power, but I have not lite vanity nor the wisdom to indicate what they should be. Hon. Israel Washbubn, of Maine : No other so good has occurred to me. Hon. Samuel Wells, of Maine : If the power of pardon should be taken from the executive, a council or board of pardon might be the next best depository of the power. But it is my opinion that the power ought to remain with the executive. Hon. Wm. L. Gbeenly, of Michigan : None that occurs to me. Hon. Jno. a. King, of New York : I know of no mode by which the power of pardon can be properly limited or regulated. Hon. "Wm. F. Johnston, of Pennsylvania: I believe the power would be more safely lodged with the officers of our prisons than anywhere else. They are necessarily well acquainted with the character and conduct of the convict. His submission to law and order, his repentance, his reformation or contumacy, are all within their knowledge. They are supposed to feel no sickly sentimen- tality. They w^ould learn from their records the persons who were usually engaged in pardon "brokerage," or whose names were indiscriminately found to all applications, and whose influence was constantly presented for such indiscriminate pardons. They would soon understand and appreciate accurately the quality and qimntUy of brains and hearts possessed by the judges of criminal courts in different districts. With this knowledge or means of correct information, a mistake would seldom occur in the exercise of the power of pardon. I make this suggestion for j'our conside* ration, hoping that in your extended investigation some better mode may be adopted. i^ 378 APPENDIX. Letter from the Hon. Washington Hunt or New York. LocKPOKT, N. Y., August 10, 1865. Gentlemen : — I have received your circular letter, requesting me to answer some questions in relation to the pardoning power. My engagements make it inconvenient for me, at the present mo- ment, to enter upon a full discussion of this important subject : but I will endeavor to give my views briefly on some of the princi- ple points, presented by your iuterrogatories. Our present system, which clothes the executive, with an unlimited power of pardon, is liable to many and grave objections. The strongest argument that can be urged in its favor is that it renders a single functionary directly responsible for the honest and enlightened exercise of the power. It must be conceded that this consideration is entitled to some force. But when you refloll upon the nature of this prerogative, the arduous labors and pain- ful responsibilities inseparable from it, I believe it might be more wisely delegated to a board or council, composed of persons thoroughly qualified by study and experience, and enabled to devote their minds to the subject, free from the weight of other official avocations. There are other functions of his office, which demand from the executive his constant care, and his highest energies. It is not enough that the Governor may possess all the desired qualifications for the judicious use of the power of pardon, such as thorough knowledge of criminal jurisprudence and prac- tice, combined with clearness of judgment and firmness of will. In a large and populous state like our own, the applications are so numerous and the labor of investigating them so arduous and per- plexing, that no mind, however rapid or comprehensive, can do full justice to the subject, without neglecting, in some degree, those legitimate executive duties, which concern the whole people and perhaps involve the most vital public interests. This is more especially the case during the session of the Legis- lature. I consider it desirable in every point of view, that the Governor should be relieved from daily appeals and importunities for the exercise of clemency. Our system was derived from the mother country, where the power of pardon is an attribute of the crown. The framers of our constitution were naturally influenced by precedent and analogy, and at that early period, perha'ps it was reasonable to assume that the Chief Magistrate, chosen by the peo- ple, would prove to be the safest depository of this delicate power. In a monarchy there is much to be said in favor of vesting in the ruling prince, the prerogative of mercy. But this theory is inap- plicable in a republic, where the executive is elected by the people for a limited term of office. I assume, however, that the pardoning power will always bo retained in some department of the government. My official expe- rience confirmed my previous opinion that such a power is neces- sary, and that any sj'stem of justice which excluded it, would prove APPENDIX. 879 defective. In offences coming under the same general ulasniiication und subject to the same penalty, there arc many shades and degrees of guilt. It frequently happens that there are mitigating circum- stances, which ought to reduce the penalty imposed hy the strict letter of the law; and sometimes youthful offenders furnish such proofs of reformation, that both justice and mercy demand a reduc- tion of the sentence. From the very nature of the power of par- don, it must be largely discretionary. To limit and restrain, would virtually destroy it. I do not think it admits of material abridgement; but wheresoever it may be placed, its exercise should be subject to the most direct responsibility to the state and to public opinion. In addition to the present requirement, the annual list submitted to the Legislature should state concisely the ground of pardon, in each case. That the power in question is liable to abuse, cannot be disputed. But all human institutions are imperfect, and the same objection applies, with more or less force, to other functions of government, especially in those branches of the administration where much is left to the discretion of official agents. The appointing power, the veto power, the legislative power, may be improperly exercised and perverted from their original ends, but for these evils, when they occur, our system of frequent elections affords the most effec- tive remedy. Our aim should be to establish every fit and prac- ticable safeguard to insure fidelity in the exercise of public autho- rity. I am not prepared to adopt the conclusion that the pardoning power has been abused to any such extent as is sometimes assumed. In the exercise of the power, a man of sound principles must feel that he is executing a very sacred trust, and he will deem it a point of honor and conscience to discharge the duty independently, unmoved by personal or political influences. I have never known such influences to have any weight in respect to applications for pardons; but the governor is always in danger of being misled by partial statements and imperfect information. He is also liable to err in judgment when possessed of all the facts in the case. He is subjected to a continual struggle between his sympathies and his convictions of duty. The greatest danger of all is that in some cases he may yield to feelings of kindness and compassion, so far as to impair the supremacy of law and defeat the ends of justice. But if the power is exercised with reasonable discrimination and firmness, I do not conceive that it is calculated to promote crime or weaken the administration of justice. In the outset, most offenders indulge the belief that they will escape detection or con- viction. The hope of pardon arises after the trial and sentence, and stimulates an . appeal to executive clemency. I consider the practice, which is often adopted by juries, of annexing to their verdict a recommendation for pardon, highly objectionable. It ought to be stnmgly discountenanced, if not prohibited. If there are special circumstances calling for executive interference, the ;:E! • 380 APPENDIX. duty of presenting them should be left to the judges and public prosecutors. In reply to your sixth interrogatory, I must say, that in my opinion •• the ends of justice and the interests of the convicts themselves would be better promoted, if the power of pardoning in the executive were modified and circumscribed by a wisely organized council or board of pardon, as is the case in some states in this country, and in some European governments." It would invigorate and greatly improve the administration of the executive department, by releasing the incumbent from one of his most laborious and embarrassing responsibilities. I hope to see this change of system established in the next revision of our state constitution. It is only by an organic amendment that the object can be reached. Such a council as I have indicated should bo composed mainly of judges who have retired from service, and whose weight of character, no less than their judicial and profes- sional experience, would inspire public confidence and insure a wise and intelligent exercise of this delicate prerogative. I have thus expressed my views in a desultory manner, without follow- ing strictly the order of your interrogatories. You are at liberty to use my answer in any mode which you may deem advisable. Very respectfully, \ Your obedient servant, WASHINGTON HUNT. Messrs. Francis Lieber, LL.D., Theodore W. Dwiqht, LL.D., E. C. Wines, D. D., &c., &c. Letter from the Hon. E. T. Throop, or New York. To the Honorable Francis Lieber, Vice-President N'. Y. Prison Association ; Theodore W. Dwight, Chairman Ex. Committee ; E. C. Wines, Corresponding Secretary : Gentlemen — Responding to the questions in your circular, propounded to the former chief magistrates, respecting the par- doning power, a copy of which I have had the honor to receive, I deem it not inappropriate to premise, that up to the time that I entered upon the duties of the executive of this state, I had been familiar with the working of the system of imprisonment for crimes at the state prison at Auburn, as it was in my immediate neighborhood, and its management had been in the hands of my friends. And further, that during the five years immediately preceding, I had been the presiding judge of courts, having juris- diction of crimes of everj'^ degree. In my message to the legislature in 1830, I thus expressed my- self on the subject of pardons : "I have pardoned from the state prison, twenty-eight convicts. Nearly all cf those pardons were granted in cases where, first, great doiibts of guilt were certified to me by the courts before Avhom the convictions took place, and those doubts appeared to APPENDIX. 381 mo well founded, on examining a full statement of the coses ; secondly, on personal examination and inquiry of the keepers of the prison and the presiding judges as to certain convicts for whom petitions had not been presented, and whom I deemed fit objects of mercy ; and thirdly, from want of sufficient latitude of discre- tion in the courts, sentences too severe were necessarily imposed." In my message of 1831, I say: " I have pardoned from the state prison, dunng the past year, seventy-six convicts. A great portion of them are persons to whom my attention was called by the officers of the respective prisons, and who were recommended to executive clemency by their youth or long sentences, particu- larly for life, on account of trifling burglaries. I found them enduring punishment incompatible with the mitigated severity of our laws." In my message of 1832, I thus say: *' I have pardoned out of the state prison during the last year, seventy-three convicts. A great proportion of these cases were brought to my notice without the intervention of friends, for many of them had none; and their claim to pardon, in some cases, became equitable on account of the mitigated punishments for similar crimes, prescribed by the revision of the laws." In the above abstracts, you have my views of the propriety of pardoning in cases, which inevitably will occur, deserving it, and consequently, of the necessity of a pardoning power. Neither reflection nor experience since has changed my opinion. In the exercise of this power, a sensitive nature will be severely tried, and pained to reject the prayers, and resist the earnest, pathetic, passionate and persevering appeals of wives, children, sisters and parents, for mercy to a supposed repentant relative; but if the executive has clear views of his dutj', he will discharge it without remorse, and be comforted by an approving conscience. Thus, although burdened, in the language of your question, with a " painful moral responsibility," it seems to me he has no occasion to regret it. To the questions whether the pardoning power is judiciously vested in the executive, or whether it would not be more discreet- ly exercised by an " organized board of pardon," I must say that 1 do not see where that power can be so safely lodged as with the executive. The search for a perfect depository of the power is vain, and Avill be fruitless — all experience gives us a mortifying view of humanity. An executive, perfect in his intellectual or moral nature, is not to be found, however superior he may be to other men; nor are the people, although swayed by honest pur- poses, always right in their choice of persons to fill public offices. But where can power be more wiseh' lodged than with a person chosen to exercise the higliest functions of government by a con- stituency too broad for corruption to cover? He may be un- M'orthy, but chosen from the most conspicuous class of citizens with a well known character, it is not too much charity to suppose 882 APPENDIX. that moral unfitness for his high trust will bo an exception. And should such a one ever receive from the people that proof of con- tidenco, the public have a security in his interest and his pride; for, conscious of his responsibility to a jealous and scrutinizing public, he would be proniptful to a just and unexceptionable dis- charge of his duties. On the other hand, a board of divided responsibility is nuich more accessible to corruption; every mem- ber is an avenue through which the wily advocate may approach his object. The framers of our state constitution deemed it wise to surround the executive with a council, without whose assent no appointment to office could be made, and another to check him in the exercise of his function in assenting to or vetoing a law ; but, after sutfi- cient experience, these councils Avere abolished, on the ground that a divided responsibilty was inexpedient, and that it was more safe to leave the executive alone to the discharge of those duti(!s. The council for the revision of the laws, composed of the chancel- lor and judges of the supreme court (men, up to that time of eminent charactei'), and the council of appointment, selected by the house of representatives and of the senate, were abolished ))y the amended constitution, and the responsibility of nominating to office was imposed upon the governor with the only restraint, that nominations to office should not take effect without the assent of the senate. Then, again, what power should create this board of pardon? If the governor — is it not better that he should do the thing him- self and be accountable for it, than to do it by indirection, ivnu throw the responsibility upon a board? If the legislature — ^vt have too many and painful proofs of the little reliar.cc to bo placed upon the action of that body, when political or private or personal interests are in question before them. If the people at large, by popular vote — they do it when they elect a governor, and there is no reason to believe that they would act with more caution, or even as much, when voting for a board, than when voting for their governor. The tribunal of mercy should be accessible, and the meanest meet no obstruction in his approach to it, yet it may be wise to encumber the exercise of its powers with many prudential rules. While I express the opinion that there should reside, somewhere, an unlimited power of pardoning to mitigate the severity and modify the unequal operation of laws (necessarily general, regard- ing classes and not individual cases), and also to consider matters, which would not come under consideration at the trial, perhaps occurring subsequently, I think it the duty of the legislature to surround the exercise of that power by every practicable precau- tion. The pardoning power should be conferred, sulyect to the right of the legislature to prescril)e rules for its exercise. I made it a rule in all cjises, to call upon the ji^^ge for a statement of the case, and his opinion, and to demand of ihe keeper of the prison APPENDIX. 888 nil account of the convict's conduct and what he know of his his* lory. I omitted this precaution in only one case. While in the city of New York, the counsel for a convict called upon rae and stated the case of a youth under ago, of respectable parontuiro in Boston, who had the misfortune to commit u first offence, and was very penitent, and his parents were anxious to have him in charge tbut they might regulate his morals. I called upon the judge for a statement, and he appeared before me with his book of mnnitcs and confirmed the relation of the counsel. It seemed to mc so clear a case that I issued the pardon at once without asking advice from the keeper of the prison. The next day I received u letter from the keeper of the Sing Sing prison, saying, "I have let out of prison, on your pardon, a person convicted by a false name, who has been several times convicted, and whom you knew by his true name, a desperate malefactor in the Auburn stute prison." To the precautions above mentioned others might be added, such as a notice of the application for pardon, to elicit informa- tion of the case and of the character of the individual. This notice should be puljlished and u copy served upon the keeper of the prison. After pardon granted, a brief statement of the case and the grounds for the pardon might be recorded and published, and a copy be sent with the pardon to be placed upon the prison records. Such precautions would operate not only to detect frauds, but to detect fraudulent applicants, and also as a caution to the pardoning power. To one of the questions I reply, that I can see no good reason why the juiy who try a cause should not recommend the convict's case to the lenient consideration of the court, or where there is discretion there, to the clemency of the executive. A jury, called upon to judge a case, will sometimes find themselves constrained, by rigid rules of law, to do what may seem to them injustice. This is one of the cases in which the pardoning power may inter- pose in aid of the just administration of the law — and the opinion expressed of an impartial jury, selected by lot, and not allowed to hear anything of the case except through the evidence, that they were compelled to give a verdict in conformity with law, designed for cases of greater turpitude than the one before them, is deserving of respectful consideration. I see nothing in it incompatible with their verdict. I cheerfully comply with your request to contribute my mite to this momentous subject, and place the foregoing remarks at your disposal. I have the honor to be, with respectful consideration. Your obedient servant, E. T. THROOP. m m m i 884 APPENDIX. Letteb fbom Hon. Wm. F. Packer. Francis Leiber, LL.D. : WiLLIAMSPOKT, Pa., At^. 3, 1865. Dear Sir — The circular of the Prison Association of New York, proi)()unilinff certain quootions to the ex-governors of the sovorul states, relative to the pardoning power, is before me, and I reply with great pleasure. Thiit the pardoning power should bo conferred on some dcpnrt< mcnt of each state government, is, in my opinion, unqnestionuhly true. That, occasionally, the privilege of ptirdoning will be abused or unwisely exercised is equally true. But after the experience of throe years as governor of Pennsylvania, and after carefully examining hundreds of cases which came before me during that period, I am satisfied that nothing would be gained by taking away the pardoning power from the chief magistrate of a state and his cabinet, and conferring it on a " council or board of pur- don," or on any other tribunal. AVhile you have human agents to discharge public official duties, you cannot, in the performance of those duties, expect entire freedom from the errors, the passions, the prejudices, and the frailties of humanity. You will look in vain for perfection, no matter where you may confide the par<- doning power. For myself, I would trust the chief executive oi: a state, in view of his great responsibility, aided by the counsel of his legal advisers, with quite as much confidence as I would any " council or board of pardon " that could possibly be selected. Believing, therefore, that the power of pardoning should exist somewhere, in every state, and believing also that there is no safer nor better ilepository for that power than the chief magis- trate of the commonwealth, I would not disturb the present sys- tem, as it exists in Pennsylvania. The founders of our institutions and the framers of our constitutions were, in my judgment, quite as wise, as moral and as patriotic, as those governmental innova- tors of the present day, who seek to disturb settled opinions and established systems and customs, by experiments of more than doubtful propriety. Entertaining these views, I have not thought it necessary to answer your queries in detail. Substantially they are all answered. I have no objection to the publication of this letter. With great respect, I am yours, truly, WM. F. PACKER. Letter from Hon. Henry Dutton. New Haven, Conn., F^. 9, 1866. Rev. E. C. Wines, D. D.: Dear Sir — I do not deem it important to reply fully to your circular letter, since iu this state the solo pardoning power is APPENDIX. 885 vested in the lugisluture. Iloncc tho execution of uU criminals, convicted ot'capitul ofluncos, in i'('«|iiircd by luw to l)0 postponed, until nt'tor tho session of the genorul UMScnihly next ufter the con* viction. I believe the general Mcntiniont of tho friends of justice in this state is in ftivor of our syMtem. The legislature sometimes acts injudiciously, but it is very rare that the convict of a high crime escapes punishmeut altojiethor. The sentence is frequently sliortencd, an«l death comnuited o imprisonment for life. Favor is shown to the innuUes of tlu; state prison somewhat in propor- tion to tiieir penitence and good behaviour. This has a very favor- able ctt'ect on the rest. Your obedient servant, IIENUY DUTTON. < ii LKrfEU FUOM Hon. Isaac Toicey, of Connkcti'^ut. Gentlemen — 1 have received your circular letter to former chief magistrates of the several states, i)rop()sing certain (]Ucstion8 on tho subject of the pardoning power, and requesting an early answer to them. The tirst question is "When you were governor of Con- necticut and possessed the prerogative of pardon, did you con- sider '' &i. tkc, and then follow the other questions. Under the constitution of Connecticut, the prerogative of pardon is not conferred upon the governor, but is left with tho legisla- ture. I have, therefore, no official experience upon the subject, and could answer jour qestions only by expressing my own ])rivate speculative opinions, which I presume you do not desire. I will, therefore, only say — tho usual course is for the party con- victed to apply to the legislature for a pardon by jjctition, which is referred to a joint standing committee is investigated and re- ported upon to both branches, when a pardon is granted or denied upon a full public consideration of I he case. The bill nmst re- ceive the usual sanction of a law. This system, to which we have long been accustomed, has always Worked well. I have heard no objection to it. I am, very respectfully, . Your o))ed't servant, ISAAC TOUCEY. Dr. Francis Lieker, and others. Committee, d'c. iHc. Hartford, J/ay 5, 18GG. t!. m p Letter from Hon. Elisha Dyer, of Rhode Island. ; Providence, i^e^A 13, 1866. Gentlemen — Your " circular letter," of June, 1865, is this morning at hand. The constitution of this state wisely provides that " the governor, by and with tho advice and consent of the [Assem. No. 35.] 25 386 APPENDIX. senate, shall hereafter exclusively exercise the pardoning power, except in cases of impeachment, &c." This is as it should be. When occupying the executive chair of this state, many petitions for executive clemency were presented. Each application was made the subject of most careful, conscientious investigations. The prisoner Avas personally and privately conferred with. The circumstances attending the commission of crime ascertained, the antecedents and surroundings of his social position investigated, his honest contrition and probable reformation estimated ; and if these investigations resulted satisfactorily, clemency was recom- mended. If not, the petition was not brought to the notice of the senate. Sometimes, injudido^isly, if not wrongfully, personal in- fluence was attempted to secure the desired results. These Avere promptly discarded, and created an adverse sentiment against the application. If executive clemency is onl}'^ exercised after a most patient, candid, responsible, and conscientious consideration, there can be no question of the propriety of its existence. And it is when abused from motives of personal favor or policy, or as the result of misplaced sympathy or careless indiflference, that the continu- ance of its authority becomes, with propriety, a subject of anxiety and doubt. 1 The recommendation of a convicting jury always seemed singu- lar, except in the acquisition of evidence and facts with which the public might not be familiar. I have hastily responded, as my many duties would allow. Very respectfull}' yours, ELISHA DYER. Messrs. Francis Lieber, "] Theo. W. Dwioiit, \ Committee. E. C. Wines, J Letter from Hon. H. B. Anthony, of Rhode Island. Washington, Feb. 22, 1866. Dear Sir — I have your circular making certain inquiries touch- ing the most judicious depository of the pardoning power and the results of my experience as governor of Rhode Island. When I held that oflBce, the pardoning power was vested in the general assembly. An amendment to the constitution has since placed it in the senate on the recommendation of the governor. My views, therefore, derive no value from my having held the office of governor, and I have never given special attention to the subject. I regard a legislative body as a very unfit depository of the pardoning power. There are serious objections to placing it in the hands of a single officer, especially of one who is burdened with other grave cares and responsibilities. I think the present system in Rhode Island a good one. A board of pardon would probably be still better; the initiative being with the governor. APPENDIX. 387 I have made this brief reply on account of my respect for your association ; not because I have had the opportunity from experi- ence or study to form any views that are worthy of your considera- tion. Very respectfully, Your obed't servant, H. B. ANTHONY. Rev. E. C. Wines, D. D. stcd in the 1 has since i 388 APPENDIX. m II. A LETTER FROM THE HON. CYRUS MENDENHALL, OF OHIO, ON SUNDRY TOPICS CONNECTED WITH THE GENERAL SUBJECT OF PRISON DISCIPLINE. Martin's Ferry, Ohio, December 6, 1866. Rev. E. C. Wines, D. D., New York— Dear Friend: Your lettor of the 21st ult., is received, and also the Report, previously, for which I did not know whom to thank; it is, indeed, truly interesting and acceptable. I rejoice that such attention is being turned to the improvement of prison discipliuo as will probably have a good practical result in your state, and ultimately in all the states. It is a work worthy the best ellbrts of the commission, and I should be happy could I l)o the moans of any aid or encouragement to you in it. It is a subject in which I have, f(U" many years past felt a deep interest, but in which, single-handed, it seemed impossible to eftcct much change in our own state, from the old, and in many respects, exceedingly defec- tive character of our system. Yet, something has been done lor the penitentiary at Columbus, and much more might have been, if the management could have been eftectually separated from the evil influences of party politics; and the services of men of pure motives, and as well adapted to their position as John A. Prentice, could always bo secured for warden, deputy warden and chaplain. I feel assured that no system of prison govermnent can bo devised which will accomplish the object which all prison disci- pline should aim at, — the reformation of the criminal, — as fully as might otherwise be expected, unless entrusted for its execution to men of sound minds, controlled by the genial influences of the christian religion, and deeply impressed with the value, as immor- tal beings, of those so unfortunate as to have become subjects for the operation of criminal justice. In reply to your inquiries: First. " What is the prison system of Ohio?" The prison system of Ohio cml)races the reform school, the penitentiary at Columbus and the county jails. The latter arc almost solely left to the charge of the county sheriffs, without any control as to internal regulation by the state. The judges of the court, at long periods, give their " instructions" to the sherlll's, and but little further attention is paid to the matter, and those instruc- tions arc seldon obeyed. The jails arc in their general character, Avell described on page 15 of the report you sent me, in speaking of your own county jails. Since the receipt of your letter, I had occasion to visit St. Clairsvillo, our county seat, and was kindly shown through our jail by the sheriff. I found it to contain three APPENDIX. 389 cells and two upper rooms. (The populati( n of the county is about 40,000). The cells were on a level witli the ground — were poorly ventilated, or rather not ventilated at all — were damp, and not occupied. The rooms over them were about 15 by 18 feet, with two small windows on one side, and a small hole in the door opening into a hall, on the other — one of these rooms was unoccu- pied, and in the other were four men and a boy twelve jears of age — the men had just been sentenced to the penitentiary for terms of from one to five years, and the boy was to go to the reform school. They had all, boy included, been confined in this manner for several raonthsl or during a long vacation of tiie court. No other care had been extended to them than to prevent their escape, and to feed and keep them tolerably clean. The reform school is under the control of three commissioners appointed by the Governor. It has, I am happy to state, been almost wholly preserved from the influence of party politics, and is doubtless accomplishing, if not all its originators and friends hoped from it, at least a great amount of good. The house of refuge, near Cincinnati, is under the exclusive control of the county. The Ohio penitentiary you know of. Second. " Is there any central authority in charge of the whole system?" There is no " central authority" having supervision or control of the system, unless the governor of the state may be so regarded; and he is certainly not the authority you enquire after. Such an officer or board, having a supervision of the whole system, includ- ing the county jails — in character somewhat corresponding to that of commissioner of public instruction — or, of our common school system, would. I think, be a wise and expedient provision. Before this officer or board, who would have opportunities of investiga- tion of each case much superior to the governor, all applications for pardons might be made to pass, with a recomme)idation to the governor for final action. Third. "Is it your opinion that you have sufficient number of juvenile reformatories, or should the number in your judgment be increased?" I think we should have at least one other institution similar to those at Cincinnati and Lancaster, making large provision for females, which should be entirely separated from the other sex; and if the public mind could be brought to sustain the plan, these institutions should bo multiplied, and be made to include the class you refer to as in danger of falling into crime, which, in my opinion, includes nearly all who are not sedulously cared for, and not engaged regularly in some employment. But I fear the idea is so much in advance of public sentiment on the subject, as to be regarded as chimerical, and an invasion of the license of manners so generally esteemed as inalienable liberty. But I am sure that a more strict and severe supervision and control of the habits of 390 APPENDIX. early youth, would exert a wholesome influence upon the character of American morals; and that there are unmistakable indications that sucii control is imperatively demanded. Fonrlh. " Is promiscuous association of prisoners allowed in your common jails, and if so, what is the cfl'cct?" It is the practice for prisoners of the same sex to associate pro- miscuously in our county jails, except such as arc contincd, for greater security, in cells. As to the influence of such associations, my own observation at home, and a somewhat extensive enquiry of prisoners in the Ohio penitentiary, as to their experience, would pronounce it decidedly bad, and our jails, in many cases, as crime producers instead of crime repressers. So fully and con- vinced of this, that I have often to rejoice when I see a young man, and especially a boy, escape a confinement there when he was clearly liable to it by law. Fifth. "What changes do you conceive to be needed in your prison system ?" The whole system in Ohio is wrong, and it cannot be remedied without the erection of a new prison or an entire reconstruction of the existing one; and this fact has thus far prevented any attempt at reforms, except such as are applicable to the present arrange- ment. Your Sing Sing and Auburn prisons are, I believe, nearly similar. The solitar}^ or exclusive system of Pennsylvania is, in my opinion, greatly preferable as a reformitory means. I do not think the objection, so long and so persistently charged against that system, of increased liability to insanity, is justly chargeable to it. I am not in possession, of any statistics of your prisons touching this subject, but I know that in times past, from two to two and a half percent, of the prisoners in our state prison became fit sul)jects for a lunatic asylum after entering the prison, and that under what must be regarded as the most favorable operation of the congregate system. There might, however, be changes from our present practices, which would, I think, be important improvements. I would re- move everything having any tendency to degrade or destroy the manhood of the prisoner, so far as would bo consistent with his safe keeping. I regard the parti-colored dress as decidedly of this character. The only sensible plea that I have heard for it is, that it increased the difficulty of escape. For this purpose, v:ith a properly constructed prison, and due vigilance, it is unnecessary; and I would, on no consideration, expose him to public gaze. I ■yyould place evidences of good conduct upon his clothing, when deserved, after the manner of the markings on the sleeves of non- commissioned oflScers in the army. I saw this practised in the Canadian penitentiary at Kingston, and was informed that it was of marked utility in stimulating manhood and self-control; and what- ever has this tendency — whatever awakens ambition to become what characterizes a good citizen, is certainly desirable. Men in APPENDIX. 391 a penitentiary are not materially changed from men outside; the motives and inflneuces which operate to make and preserve men good citizens in the outside world, will have the same effect inside; consequently every practice or arrangement in a prison having a contrary tendency, is deleterious, and should be removed. I am convin(5ed that no influence can he brought to bear upon man, of greater power or more blessed tendency than the christian religion put in practice towards him, and earnestly and perseveringly l)laced before him. In a prison properly regulated, these influences ought to be brought to bear upon him with peculiar power, for all others should bo excluded. The prisoner should daily and hourly be made to feel that he is in the hands of those who have only his highest good at heart; that no vindictive or selfiah motives operated to place him where he' is, or regulate the conduct of his keepers toward him. The small difference in profit (if any) aris- ing from his labor is too dearly paid for, if at the expense of char- acter, when he comes out, to say nothing of his own eternal interests. But the question arises, where are we to find just the right kind of men to place in charge of our prisoners? It can only bo done, in my opinion, by an otficer or board of (jfficers in charge of the system, who possess qualifications of the highest and purest char- acter that can be found in the state — whose whole time is devoted to the business, as any other state officer's time is to his; and who will find out the right men for the necessary places, and then be empowered to give them such compensation as will secure their services. The number of officers acting inside the prison should be reduced as low as possible ; under the congregate system they are necessarilv numerous. . The stimulus of rewards for good conduct, by shortening the term of sentence, has been eminently successful with us; and I believe the principle might be advantageously extended; and also permit the power of granting special rewards to be exercised at discretion of some officer in whom such power may safely reside. Sixth. " What is found to be the influence of the contract sys- tem of convict labor in your state ?" The contract s^^stem, as practised in our state prisons, I regard as decidedly deleterious in its influence. Under the solitary sys- tem, and properly regulated, I do not see that it is necessarily so; especially if such business was carried on as required but tittle contract with contractor or his foreman-. I have endeavored to give such replies to your queries as very pressing engagements permitted, and shall be happy to render you such further service, in your important and interesting investi- gations, as it is in my power to do, and should be pleased to have the benefit of the labors of the association through ycmr valuable reports. There is another branch of this sulyect to which I should, were J f] ^ I i'i V ii4^ 111 t ■- i ." 392 APPENDIX. ! I a member of the legislature, turn my attention — that is, a revi- sion of our penal code. I am satisfied that in very many cases the sentences are too long ; men without dangerous character are fre- quently found in prison long after all beneficial eftect of confine- ment is at an end. I would gladly also see all life sentences abolished. A large number of the insane and imbecile are to bo found amongst the life prisoners; evidently the effect of taking away all hope. Every term of prison confinement should, I think, have an end, let that end be ever so distant; and then let it be in the power of the prisoner to shorten it by good conduct and unmistakable evidences of improvement of character. Very truly your friend, CYRUS MENDENHALL. I \v f\ APPENDIX. 393 III. THREE LETTERS FROM MRS. SARAH PETER, ON THE FEMALE BRANCH OF THE CITY PRISON OF CINCINNATI. Cincinnati, Oct. 25, ^65. Sir — With great pleasure I hasten to 'epiyto your letter, which haa just reached me. You ask me to give you " a full and true history of the origin and progress of our female prison." Since it originated, so far as this country is concerned, with myself alone, its tale is brief. But as the ideas are all borrowed from foreign lands, you will perhaps desire from me some pre- liminary observations respecting the prisons abroad, and the motives which led me to adopt a system which has already proved a blessing to this city. Guided by the precept of our divine Lord, I have for many years been a regular visitor of prisoiis ; first in Philadelphia, and, after my removal to Cincinnati. I also passed some years in Euro- pean travels, and employed much time in examining the modes of administering the various charities on the continent, desirous to familiarize mj'^self with such as might seem best adapted to our own country. How much is thus to be learned, on many import- ant subjects, I forbear to relate, and confine myself, with all due brevity, to female prisoners, who, poor things I are often merely victims to adverse circumstances, which they are unable to c:mtrol or resist. As soon as the reconstruction of society began, after the tornado of the French revolution, the Sisters of the Good Shepherd (whose order dates from some two hundred and fifty years since, and whose special object is the reformation of abandoned women and neglected little girls) recommenced their labors among female convicts. Their mother house, which 1 have visited, is at Angers, France, and contains usually some 700 or 800 subjects of both classes. One or two other orders are also employed in this worJ?, but the " Good Shepherds " are pre-eminent. They have some twelve or fifteen houses in this country for penitents — which they manage entirely themselves — and thus, when I sought for an order of sisters to take charge of our prison, their work had already prepared them for it. Wherever sisters can be had, in Prussia, Belgium, Fiance, Aus- tria, Italy and the British Islands (I speak from personal observa- tion), sisters are employed by the respective states or municipali- ties to govern the female prisoners ; and every where, without any exception that I ever heard of, their administration has been marked with undisputed success and approbation. In most places, as in ours, these prisons are under the sole direction and manage- ment of the sisters, who are, nevertheless, alioays, in every pointy subject to the laws and mages of the locality ; and it is well estab- IH 394 APPENDIX. lishod that no "oiHccrs" can l)o found who arc more carefully observant than they of laws and regulations. No change whatever was niado in the regulations of our prison ; they remain precisely as fornjcrl}'.- Women, in Europe, convicted of hideous crimes, and sentenced to imprisonment for life, yield entire submission to the tirm but gentle rule of the sisters, and become devotedly attached to Ihein. The only pmiishment I ever knew inflicted was solitary contiiu'inent in a small but comfortal)le room, with Avork, and a book and bed. The sister-,, on those occiisions, serve them with their meals, and scarcely with an exception, the culprit, within a few hours, melts into tears, ceases to be angry or obsti- nate, and beg;- to be restored to favor. Trades are introduced into these prisons, which are not conunonly practised in the iieighborhootl, so as to avoid e()ni|)ctition with regular dealers. In Italy, for example, the liner French laces arc unknoAvn as a manufacture, mitil introduced into the prisons ; and now Flanders produces nothing more beautiful than the Valenciennes and point d'applique, produced by women whose long sentences give time for the perfection of their art. Embroideries of the finest kinds are made. Gloves are sometimes the staple of a prison ; others have saddle housings, &c., ttc, &c. ; and in some places, the pro- ducts of those sutHce to meet all expenses. Thus, these poor convicts become valuable producers to the industry of the coun- tiy, and now manufactures enhance its wealth ; while in the higher view of the subject, which perhaps you and myself would con- sider the niosl important, the careful instructions imparted, and the good oxaniples always before them, together with the habits of regtdar employment, rescue many from lives of crime and immorality, who afterwards become good members of society, though always leading a life of retirement. All these /acts are fidhj ei^tahlhshed and itnquestioned. Deeply impressed by what I had Avitnessed, I i-esolved, on my last return home in 1858, to make a strong efibrt on behalf of the hapless creatures in the Avretcl.o.^ jjrison of this cit}', and addressed myself to the mayor and members of the council individually, endeavoring to persuade them of the great advantages to be gained by the reformation of their then apparently incorrigible delinquents, and also of the financial economy to result from the measuies proposed. But these gentlemen, guided by their own bounded experiences, Avere incredulous of the capacity of any Avomcn to control the tierce and turbulent cases, who, thej' thought, could be subdued by brute force aione. I admitted that the class Avho usually are employed as "matrons," and Avho are at- tracted only by the salary, Avithout pretending to any capacity or peculiar adaptation to such a charge, ought not to be expected to perform duties for Avhich they had no qualifications; but assured them that the sisters Avere devoted for life — Avith long and severe preparatory discipline — with no ulterior vieAA's," &c., &c. Confi- dent of the justice of my position, a refusal was not a discourage- APPENDIX. 395 mcnt. At length a more enlightened mayor, Mr. G. Wi Hatch, and a cily solicitor, Mr. Ware, warmly seconded thr proposed reform. The sisters were forthwith installed, and entered the honse which yon have seen as the abode of neatness, order and lucrnfivc iu(hislry. Only three years since, it was a scene of indc.s(Mil)al)le tilth, intemperance and ohs' 'lity, where the wretched, half naked inmates roamed over the dilapidated place, engaged only in the l)rutal qnarrels of inebriety. AVifh the gooil sisters, a few days only Avere required to change th(! complexion of allair ^ The nearly inhimiamznl creatures Avere washed and clothed, and work was put into their hands, Avhich tiie}- undertook without (lilliculty. The mayor at tirst feared to leave the sisters Avithout a police officer, in spite of tiieir declarations that it was an unnecessary expense; but at the end of a few Aveeks tiie officer Avas dismissed as supernumerary. The prisonei's aie, of course, brought from the court room and delivered at tlie prison by an officer. They speedily become attached to the sisters, and it Avould be scarcely possible for a revolt to occur. They sometimes grow angi-y Avith each other, or are idle, ))Ut a little restraint, such as 1 have descril)ed, proves to them the folly of displeasing those Avho devote their lives to them. Most of these unfortunate Avomen have fallen through intemperance, the most difficult to cure of all vices. Many of them Avould be good servants but for this vice, and on the exj)iration of their sentences, they find pl-.ces in families — but alas, the fatal thirst returns! One of the most touching circumstances connected Avith the prison, is the very frequent voluntary return of the poor Avomcn, Avho, earnestly desirous not to mortify the sisters by being arrested, knock at the door and beg to be admitted until their thirst is again cooled. Of course they are never refused, and they go to Avork as if in their mother's house. As I must be ver}- often at the prison, the recur- rence of this fact has frequently brought tears into my eyes. A fcAV hours more of exposure, and they avouUI be lying, perhaps, in a gutter, and the city would again be charged Avith the expenses of arrest, trial, &c. Wo must regard the economical side also. The result of all this is, that the large class Avho were once reduced to a state of I)rutal degradation by intemperance, neglect, and ill-treatment, exist here no longer. Though they are not ahvays entirely reformed, a certain degree of self-respect is restored, Avhich maintains decency. The police reports prove this. * * * * * * The building noAV occupied is merely an old school house, entirely unfitted for its present purposes, for there is no room for separate trades, &c.; l)ut the municipality arc preparing to erect a suitable Avork-houso as soon as practicable. The stipend of the sisters, fixed by myself, is ^100 cash per annum, a sum ojily sufficient to furnish them plain clothing. Their food is prepared in the common kitchen. Of course the produce of their Avork, as Avell as that of the prisoners, is placed in the prison fund, and an account is rendered every month. It is hardly V u ^; r 3 i m ! I h Wi 393 APPENDIX. nocessiivy lo add lliat tlio prison is fiooly npoii to rcligioim instruct (lis of .-my (loiiouiiimlion who may wisli (o iinpiut tiicir lessons uiul comisols to the prisoners. As I imvo aJroiidy roiniuk- cil. the ii<;uliiti(tiis of tlio prison are precisely tlio snnu! asunder the old regime. ###«## j jvornit that my poor note is so Ion*;, hut I have risked hein*; prolix, lather than omit any fact which mi<;ht he useful to you. Of course the details of the European i)risons might be greatly extended, hut all woidd tend only to prove the excellence of the system, and you have perhaps enough for your purpose. One Avord as to myself. Having u profound dislike for notoruly, I beg yoH irill not mention any name needle/^Kly. I have referred to my own acts in this comnnmicution, only to he the more concise, and hecuusc there is really no one else on whom I could tix the reign of our prison under its present administration. My hastily written note is entirely ut your disposal, so far as it may bo useful. And let me add, that I shall be most happy to lend my poor assistance in any enterprise that you may unilertako in this direction. I am. sir, with great respect, truly yours, Rev. E. C. Wines, D. D. SARAH PETER. » Cincinnati, Dec. 10, 1865. Dear Sir — Unwilling to deprive you of the pleasure of a letter from our excellent sister Stanislaus, I have delayed replying to yours of tlie 11th ult. The good sister has'wished and intended to respond to your enquiries, but at length she confesses that it seems impossible to find a leisure hour to collect her thoughts so as to place them in such order as may be useful to you. She therefore begs me to take her place. And now, it is so long since I last wrote to you, that intervening interuptions have nearly effaced from my memory Avhat I wrote — for I did not attemi)t to keep a cop}' — I oidy remember giving you a rapid sketch of Avhat seemed most important. I do not know whether I added my ccuviction that none but "sisterhoods " could eft'cct the results which are every whei'c apparent in their work. The religious principle lies at the bottom of evei-ything they do, and their training, based upon their faith, and built by prayer, entire self-abnegation, and long experience, enables them to accomplish what they undertake through love for God and their neighbor. *##*#### It would be hardly possible to explain to you the system of management of our sisters. A mother may be a model of order, yet, as among half a dozen children, no two may be of the same character, she modifies or changes her treatment accordingly, and all love her alike, for they know she loves them all best. " Men do not galiier grapes of thorns, nor figs of thistleS." 2' heir sys- tem is shown in its fruits. We have, perhaps, both lived long • enough to know that paper laws and constitutions are easily viola- APPENDIX. 397 tod, when the moral sense of a people is deprnvetl ; and, that after all, it is the wi.ie (idtnini,s(ratioii of laws wiiich niiikt's thcni a hlcsHin*;. y/in tiien\i prifion which you .mw here , has the identical set of laws ir/nch govern the ai^stern prison. It would ])v ratlier presuniptiious in nie "to 8ii;xoso in all respects, and in a half ruinous condition ; yet it is the ahode of order, cleaidiness, cheerfulness, and productive industry, at the smallest possihie expense. ####### 1 am icully desirous to forward the work of makinj^our prisons hetter, and would gladly second your views so far us 1 am ahle. If you would take the trouhle to ask mo such f{U(>st ions as may reach the point you aim at, I will endeavor to reply more clearly than in the " hit or miss" manner of this present note. Sister Stanislaus desires to present you her compliments. I am, with great respect, yours, SAKAII PETER. To Dk. AYinrs: CiNciNNA-rr, Jan. 8M, 1860. Dear Sir — It affords me much pleasure to reply to your inter- rogatories, and / 1)ey you iviU have no sorujAes in ankiny me any que.sli(tu hy wiiich out' common object, viz: the reformation of a class of nnfortimates, who, hy neglecting the grace of God, the only hope of our fallen race, have hecomo violators of the laws may he aided. You imw "desire specitically to learn respecting the management of the admiral)le prison of Sister Stanislaus,' "the system of rewards and encouragements held out to the prisoners to secure good hehaviour," &c. Will you allow me to repeat, in the lirst place, what I think I mentioned in my last, i. e., that the same system, if pursued hy paid matrons or stewards, however Avoi'thy, would he nearly or quite inoperative for moral reformation, as also ex[)erience has proven? Pardon me for another ohservation, which I trust may not grate harshly on your ear. The reason of tJuH difference is readily comprehended by any inlelligent pajn-sl, hut it is misunder- stood hy protestants, and I therefore fear you may not enter into it. It IS not a question of intellect, hut of psycho k)gy, and I will merely state the fact as it exists. This being the case, a system which among sisterhoods or brotherhoods can hardly fail to attain its object (moral reformation), must not be expected to succeed under a diflerent administration. Nevertheless, I will endeavor to *Mrg. Peter undoubtedly refers to the jail here, and not to the male department of that prison. ! {I t III I i SOS APPENDIX. reply to your quostions. A great point, probably the most important in tho HUcccHttt'ul treatment of tranogrossoru, ih, m you know, to bcconio po8^r, for the eastern house of refuge (white department), Pennsylvania; J. Hood Laverty, for the colored department of same; James M. Talcott, for the Providence reform school, Rhode Island; and Moses Bar- rett, for the state reform school of Wisconsin. Having once stated the fact, it can hardly bo necessary to repeat the names of these gentlemen in connection with each answer, and they are accordingly omitted. Question I. When was your institution established ? Answers. Connecticut — In 1854. Illinois — In 1855. Maine — In 1850. Maryland — Incorporated in 1849; opened in 1855. Massachmetts-r^iaie reform school opened Nov. 1, 1848; nau- tical branch established in 1859; state industrial school for girls, founded Aug. 27, 1856. Michigan — Opened September 2, 1856. Missouri — Founded in 1854; incorporated in 1856. Ohio — Opened in 1850. Pennsylvania — Eastern house of refuge (white), in 1826; col- ored, 1850. Rhode Island — In 1850. Wisconsin — Incorporated in 1857 and completed in 1860. Question II. Was the institution founded by the authorities of the state or city, or by private benevolence ? 400 APPENDIX. Answers. Connecticut — Partly by private benevolence ($10,000), but mostly by state funds. Illinois — By the city authorities of Chicago, Maine — By the state authorities. Maryland — By private benevolence and city of Baltimore. Massachusetts — State reform school, by the authorities of the state, aided by gifts from Hon. Theo. Lyman, to the amount of $72,500; nautical branch by the state; state industrial school for girls, $20,000 furnished by private Jbcnevolence, and $20,000 by the state, for the original buildings; two additional buildings have since been erected by shite appropriation. MicJiigan — By the authorities of the state. Missouri — The act of incorporation provides that the board of managers shall be appointed in the following manner: The mayor of the city is a member ex officio; the city council elect four from their own body; the mayor appoints two from the citizens at large; the county court of St. Louis appoints two — total 9. Ohio — It was founded under the authority of the state, by the city of Cincinnati, and by private subscription. Pennsylvania — White department, private benevolence and ap- l)ropriatious from the state legislature and city councils, were tho means relied upon for its establishment. Colored department was founded b}-^ private benevolence, legacy, and small appropriations by the city and state. Rhode Island — By the city authorities of Providence. Wisconsin — By the state authorities. Question III. How are the funds for its support obtained ? An.swers. Connecticut. — From the state, from the earnings of inmates, from use of the farm, and from boarding pupils. Illinois. — B}' city tax. Maine. — The funds are obtained by annual appropriations by the state ; from taxes levied upon cities and towns for subsistence and clothing ; from the products of the farm, and from the earn- ings of the bo3'S. Maryland. — They are obtained chiefly from the city and state, and from the labor of inmates. Massachuttetts. — For State Reform School, they are obtained from the state, interest on the Lyman and Mary Lamb funds, and from earnings. For the Nautical Branch and the Girls' Industrial School, from appropriations by tho Legislature. Michigan. — It is sustained by an appropriation from the state treasury, and by the labor of the boys. APPENDIX. 401 Msaourt. — ^The expenses of the institution are paid by the city, with the exception of a comparatively small amount paid by the county for board of subjects committed by courts of St. Louis county. Ohio. — This institution is sustained by taxation upon the pro- perty of the city, and incidental receipts for the labor of inmates, and for the board of inmates not otherwise entitled to admission to the Refuge. Pennsylvania. — Both departments, from appropriations of money by the city and state, together with the earnings of the inmates. Rhode Island. — The funds are derived from the city authorities. Wisconsin. — By legislative appropriation, and a tax of one dol- lar per week for " incorrigibles " and " vagrants," imposed on the several counties from whence sent. Question FV. What are the extent and arrangements of the grounds belong- ing to the Institution ? Answers. Connecticut. — ^The grounds consist of 160 acres. Illinois. — ^Twenty-seven acres in extent. Maine. — One hundred and sixty acres. / Maryland. — A farm of fifty acres. Massachusetts.— SiSkte Reform School, a farm consisting of about 275 acres of ordinary farm lands, divided into wood land, pastur- age, orchards and garden. Nautical Branch, one ship of 650 tons (another fitting). The Girls' School has 140 acres, including wood land, pasturage and tillage, 20 acres of which are connected imme- diately with the buildings. Michigan. — There are 134 acres of land belonging to the school, nearly one hundred of which are covered with timber ; the other thirty-four acres arranged as per report, which please see. Missouri. — There are about twenty acres, three of which are enclosed and occupied by the buildings and play grounds for the female department ; six acres are used for the buildings and play grounds of the male department, and the remaining eleven acres are cultivated as a garden for fruit and vegetables. Ohio. — There are some ten acres of ground, about half of which is surrounded by a stone wall, twenty feet high, enclosing all the buildings except the stable and carriage sheds ; the balance, in two lots, lies in front of the Refuge, with the main avenue between them. Pennsylvania. — The lot of ground actually occupied by the buildings of the House of Refuge (white), is bounded on the north by Poplar street, on the east by Twenty-second street, on the south by Parish street, and on the west by Twenty-fourth [Assem. No. 35.] 26 403 APPENDIX. street. The outer walls form a parallelogram of 685 feet by 400 feet. The wall of the colored department encloses an area of nearly two acres, on which are erected the buildings. There arc moderate sized play grounds and flower and vegetable gardens. Rhode Island. — There are two and a half acres belonging to the institution. Wisconsin. — There are about seventy acres, of which only thirty-five acres are suitable for cultivati an, the remainder consist- ing of river, meadow and woods. Question V. What are the several buildings, their uses and arrangements ? Answers. Connecticut. — The main building is 175 feet long, and used for culinary purposes, for the school, for dormitories, for the residence of the superintendent and employes, and for the chapel; and a wing, containing the shops, drying room, «fec., &c. Illinois. — ^There are attached to this institution the following buildings: 1. A main building, containing a reception room, library, office, dining rooms, clothing room, and school room, la|i:i- dry, &c. 2. Four family buildings. 3. A dwelling for superiu- teuQcnt and family. 4. Two buildings for workshops. 5. A building for bakery, kitchen, and otncers' dining room and sleep- ing rooms. 6. A building for store-room. Maine. — The buildings consist of a main building of brick, octagonal in form, 74 feet in diameter, including, in basement, boys' kitchen, laundry and bathing room; in first story, school rooms; in second story, dormitories, and in third story chapel and hospital. Three wings extend from the main building, one of which contains the officers' apartments; the others, the dining room, workshops, playhouse and dormitories. Maryland. — Main building for bo^'s. The Baltimore House of Refuge is built of gneiss from quarries on the ground, with granite door and window dressing, coping and cornice, and roof of slate. Its architectural plan is simple, but extremely striking in its proportions, and Avholly devoid of anything gloomy or prison-like in its character. The whole front is 446 feet, eight inches; but this great length is agrecitbiy broken by the projections of the ground plan and the greater elevations of the central and termi- nating buildings. From the front gateway to the main entrance is 108 feet — the ground ascending so rapidly in that distance as to require to be broken by three terraces, each of which is reached by a flight of granite steps. This elevation affiirda, even from the windows of the first or principal storj', a fine view, overlooking the entire height of the wall of enclosure, and extending over the city and surrounding country, with the river in the distance. The main or front centrpi building, occupied by the superiu- APPENDIX. 403 tendent, with apartments for the accommodation of visitors and the managers, is 94 feet in length, by 33 feet in depth; to this is attached the nave. 111 feet in length by 44 feet in breadth. The basement or ground floor of the nave is entirely occupied by refec- tories for tlie inmates. The first or principal story is traversed by a wide passage way, on which open the superintendent's office, ware-rooms, and rooms for the apothecary and principal assistants. The passage terminates in a large room, with doors opening upon the wings, and windows in the circular end, thus giving a perfect oversight of the dormitories, as well as of the play grounds and exterior offices. The second story has bed-rooms for the officials on each side of a passage shorter than that in the principal story, and leading directly into the chapel. This is a fine, spacious hall, 78 feet long, 44 feet wide and 20 feet high, and lighted by nine largo pointed windows. From the nave proceeds, on each side, a connecting passage, 30 feet in length, with narrow stairways to each gallery. These are only for the use of the officers. From these passages the wings commence; the dormitories separated by central corridor, 18 feet wide. The dormitories are each nine feet long, nine feet high. and six feet six inches wide, and each is lighted by a window our feet by two feet foui '. u'h«s, with iron frame and sash, with small diamond shaped glai '• ese apartments are fire-proof, having no wood in their const :.u, except the door, which is of double yellow pine, with a grated opening for oversight and ventilation. The public kitchens and bakery are in a separate frame building, 70 feet in the rear of the refuge building proper, and 70 feet long by 26 wide. There is a separate building for girls, 71 feet wide by 110 feet long, three stories high. t MassachnHettii. — The buildings belonging to the State Reform School are a farm barn, piggery, carriage house, farmer's house, farm house for family of thirty boys, Peter's house for family of twenty four boys, ice-house, garden-tool house, cottage house, steam mill, gas house, boiler house; main building for the officers and congregate department, institution barn, sheds, &c., &c. The Nautical Br, nch accommodates its inmates in two ships. The indus- trial school forgirls hits four houses, accommodating thirty girlscach, and containing school room, sewing room, dining room, kitchen and laundry; also, single sleeping rooms for all except ten of the smaller girls, who occupy a common dormitory, the whole having a home aspect and family arrangements, every house being entirely distinct and separate from the others. It hjis also a chapel, ouffi- ciently commodious for all, a superintendent's house and a farmer's house. Michigan. — The Michigan State Reform School is pleasantly situated on a slight elevation, at the east end of Shiawassee street, about one mile north of cast from Capitol Square, City of Lansing. ! I 404 APPENDIX. A farm of thirty acres belongs to the Institution, four acres of ^h.eeu erected in the north-east corner of the yard, aflbrding abundant room for the employment of eighty boys; adjoining which is an engine room, twenty by twenty- five feet. Missouri. — The buildings are as follows: Male department — One wing only remains, the other wing and central building were destroyed by fire, Feb. 14th, 1865. The remaining wing is three APPENDIX. 405 ur acres of stories above the basement, which contains kitchen, family dining room, inmates' dinivf^' room, store-rooms, &c. First story contains Superintendent's office, family room and bed room, manager's room, family parlour, visitors' room, knitting room, and school room for small boys, and tailor's shop. Second story contains two large school rooms and one bed-room for teachers. Third story has a dormitory for boys, room for the night watchman in the dor- mitory, and assistant superintendent's bed-room. One two-story frame building, of temporary character, contains, on first floor, assistant superintendent's office, small bath room for new comers, stove room, bed-room for foreman of shoe shop, stock room, boys' clothes room, and four colls for confinement of refractory inmates. Second story is used for a shoe shop, and is large enough to work conveniently 40 boys. Two other one-story buildings serve the purpose of laundry, bed-rooms for assistants, &c. The female department is distant from male department about 50 rods. It consists of five buildings, arranged in two groups, distant from each other about four rods. The largest building was erected in 1856, and is the only one that was erected for the house of refuge, the other buildings having been used many years as a county poor house. Ohio. — ^The entire structure is 278 feet front, five stories high, and built of stone. The miiin building is for the use of the officers. There is a dormitory in che north end for boys, with 112 separate sleeping apartments, in which the inmates are locked up for the night. In the basement of this end is the bath room, 58 by 9J feet, with small side rooms for undressing. The water for bathing is warmed by steam to any desired temperature. The bath will accommodate at one time 140 boys. The dormitory on the south side is used for female inmates. It has seventy-two separate sleep- ing apartments; one school room; two sewing rooms; one hospital; bath room; a laundry; drying and ironing rooms. The main building is two stories, has three public offices, two reception rooms, two officers' dining rooms, and one store room. The upper stories are used for the accommodation of the officers. The hospital accommodates fifty-two patients, and connected with it are four bath rooms and a dispensary. In the rear of main building, and connected with it by a covered way, is a stone building, three stories high, containing a chapel, sixty feet by sixty-four feet; three school rooms; one dormitory for boys, four dining rooms, kitchen, bakerv, and bread room. There is a cellar under the whole building. lu the rea: of chapel building, and connected with it by a coveied way, built of stone, is the engine room, one story high, built of stone, with four boilers of fourteen horse power, in which is generated steam sufficient to warm the entire buildings. Attached tc the engine room, on the south, is a three story stone building, containing a storage room for coal and wood, a carpen- 406 APPENDIX. ! 1,1 ter's and blacksmith's shop, three shops for the manufacture of shoes, one shop for making shoes and clothing for inmates, ouo school room, one dormitory for boys, containing forty-two sleep- ing rooms, and four cells, one covered play ground, water closet, and accommodations for washing. On the south side of these dormitories is a one story brick building for the manufacture of gas for the institution, with two retorts ; on the north side is the gasometer, and on the southeast corner of the grounds is the ice house, 30 by 35 feet. Pennsylvania — White Department. — The buildings contain the school rooms, dining rooms, kitchens, dormitories, chapel, reading rooms, oflScers' apartments, reception looms, offices, work shops, bathing rooms, &c., &c. Colored Department — In the main build- ing there are separate dining rooms for boys and girls; kitchen, laundry, drying room; girls' sewing room; matrons^ parlor, officers' dining room ; superintendents' parlor, dining room, kitchen, &c. ; and superintendent's and assistant superintendent's offices ; chapel; infirmaries for boys and girls ; girls' school room; eleven bed-chambers for officers and superintendent's family; superintendent's sitting room ; store rooms, closets, pantries, &c. In the north wing, there are separate sleeping rooms for eighty girls ; ten separate bath rooms, and separate wash rooms for each (A. & B.) division. In the south wing, there are separate sleeping rooms for 120 boys. The boys' school room is a detached building, of three stories, in which there are accommodations for 120 pupils. In the basement is a fine pool for bathing, and all necessary conveni- ences for washing. The work shop is a three and a half storied building, having sufficient room for 159 '^oys. Rhode Island. — A main building, witu two wings, one for boys and the other for girls, used for all the purposes of the family and school, except a work shop, for which there is a separate building, Wisconsin. — The congregrated plan was the original one, and a large building was erected as one of three, connected by corridor extensions. This building is about one hundred feet by sixty — three stories besides a basement. Another building on the family plan was erected in 1864, about thirty rods from the former, for the small boys, with dormitories and school room for about forty. A small building about sixty by twenty-two, two storico, ,.ith three rooms for shops, with the under part for wood shed. QUESXION VI. How many inmates will the institution accommodate ? Answers. Connecticut. — Two hundred inmates can be accommodated. Illinois. — This institution can receive two hundred and fifty inmates. APPENDIX. 407 Maine. — Can accommodate two hundred and forty pupils. Maryland. — ^The boys' building is calculated for three hundred and fifty — girls, seventy five. Massachusetts. — State Reform School — from three hundred to three hundred and twenty-five ; Nautical Branch, three hundred and fifty boys, (two ships); Girls' Industrial School — the five buildings, each containing thirty, accommodate one hundred and fifty. Michigan.. — The institution was originally designed to accom- modate one hundred and fifty-two boys, but there are in the house two hundred and sixty-two. Missouri. — The buildings of the female department will accom- modate well about one hundred inmates ; those of the male de- partment about one hundred and seventy. Ohio. — The buildings will accommodate 350 inmates. Pennsylvania. — There are separate rooms in the white depart- ment for 432 children — 304 boys and 128 girls ; in the colored department, for 198 children — 122 boys and 76 girls ; 630 chil- dren, in all, can be comfortably accommodated. Rhode Island. — 200 inmates can be accommodated. Wisconsin. — The large building has 78 rooms for ,boys, and about 20 for girls. The family building will accommodate forty boys. Question VII. What was the total cost of the ground and buildings belonging to the institution ? Answers. Connecticut. — ^The cost of grounds and buildings was $60,000. Illinois. — The grounds are worth $27,000 and are owned by the county ; the buildings are worth $46,000 and are owned by the city. i»fame.— $82,000. Maryland.— Ahowt $200,000. Massachusetts. — As a large portion of the main building was burned in 1859, and since rebuilt only in part, this question can- not be answered. As appraised last year, it stands $89,640. Nautical branch : Ship Massachusetts, $25,000 ; one fitting, $40,000. State industrial school for girls.— About $62,000. Michigan. — About $70,000. Missouri. — The ground was city common, and twenty acres were valued at $40,000. Total expense for buildings and perma- nent improvements, including fencing, $78,384. Ohio. — The original cost was $150,000, to which large additions have been since made. Pennsylvania. — The total cost of site, buildings and furniture of this institution, including both white and colored departments, now used as a house of refuge, was $348,000. 408 APPENDIX. Rhode Island. — The original cost was $13,000. More than twice that sum has since been expended in alterations, additions, &c., &c.; making the entire cost not less than $40,000. Wisconain. — About $60,000. Question VIII. Is the institution governed by a board of managers, and if so, how is the said board constituted ? w Ansmiirs. Connecticut. — This school is governed by a board of trustees, consisting of eight persons, one from each county, chosen by the senate. Illinois. — This institution is governed by a board of managers, consisting of seven members, the city comptroller being one ; two of the remaining six are appointed each year, by the common council. Maine. — ^This school is controlled by a board of trustees, con- sisting of five members, appointed by the governor. Maryland. — This institution is governed by a board of mana- gers, of whom ten are chosen by the corporation, ten appointed by the city government, and four by the governor of the state. Massachusetts — State Reform School. — Is managed by a board of seven trustees, appointed by the governor and council. Nau- tical branch is under the control of seven trustees, five appointed by the governor and council, one by the marine society, and one by the Boston board of trade. Industrial School for Girls is governed by a board of seven trustees, appointed by the governor and council. Michigan.— The school is governed by a board of control, con- sisting of three members, who are appointed by the governor and confirmed by the senate, and who hold their offices six years. One member is appointed every two years. Missouri. — By a board of managers consisting of nine members, the mayor of the city, ex-officio, four elected by the city council from their own number, two chosen by the mayor from the citi- zens at large, and two by the county court of St. Louis county. Ohio. — It is governed by nine directors, who are appointed as follows: Three by the city council, two by the Court of Com- mon Pleas, two by the Superior Court of Hamilton county, and two by subscribers to a iuiid for the benefit of the refuge; but should the subscribers fail to elect them, the other seven are duly qualified to fill the places. Pennsylvania. — The institution (both departments) is governed by a board of managers, 26 of whom are elected annually by the contributors, three appointed the judges of the Court of Common Pleas, and two by the mayor of the city. Rhode Island. — This school is governed by a board of trustees, APPENDIX. 409 appointed annually by tho city council, ^'hich consists of seven members, one of whom is the mayor, ex-officio. Wisconsin. — Governed by a board of managers, consisting of five members appointed by the governor, divided in three classes and holding their office three years. Question IX. What are tho Powers and Duties of tho Board ? Answers. Connecticut. — They have power to appoint all necessary officers to have the immediate care of the institution, and prescribe by- laws for the government and i-'gulation of the same; and also to discharge any inmate by indenture, parole of honor or otherwise. Illinois. — The board have full power to govern the school and hold and discharge inmates. Maryland. — They exercise general supervision, authorize inden- tures, discharges, contracts, &c. Massachusetts. — They have the general charge of the interests of the institution. The}^ appoint the officers, subject to the ap- proval of the governor and council. Missouri. — The powers of the board are: Ist. To make all needful contracts for said house of refuge. 2d. To make, alter and enforce all needful regulations for the government and control of said house of refuge, its officers and inmates. 3d. To issue a writ directed to any sheriff, marshal or constable of the State of Missouri, for the reception of any fugi- tive from said house of refuge. 4th. To make all necessary by- laws for its government. 6th. To employ and appoint such officers as may be needful, and to fix their salaries. 6th. To ap- prentice any inmate of the house of refuge until the time when such inmates shall reach the age of 21 years, if a male, and 18 years if a female. 7th. To discharge any inmate of said house of refuge. Ohio. — Under the laws of the state, the board have the exclu- sive control and management of the business of the institution. Rhode Island. — The board have general charge of the institu- tion and see that its affairs are conducted according to the require- ments of the city council, and of such laws as have been or shall be made from time to time for its management. Wisconsin. — The duty of the board is to make rules and regu- lations, ordinances and by-laws for the management of the school. They have power to bind out the children at discretion with their consent or that of parents or guardians, and to appoint a superin- tendent and other officers. 410 APPENDIX. 1 1 Question X. Who compose the staff of officers of the Institution? Answers. Connecticut — The officers of the Institution are a superintendent, assistant superintendent, treasurer, pliysiciun and chaplain, assist- ed by various clergymen in Mcridcn. Illinois. — Tlie officers are superintendent, assistant superintend- ent, clerk, four teachers, yard keeper, matron and the necessary officers for work department. Maine. — Superintendent, assistant superintendent, physician, matron, two teachers, overseer of sewing room, laundress, cook, nurse, overseer of chair shop, overseer of shoe shop, two farmers, carpenter, overseer of brick and tile yard, and a man of all work — 17. Maryland. — Superintendent, four male teachers, three female teachers, with baker, shoemaker, tailor and contractors. Massachiiseits. — State Reform School. — Superintendent, assistant supermtendent, teachers, matron, overseers of the work rooms, physician, farmer, engineer, carpenter, &c. Nautical Branch. — Superintendent, teacher, and first, second and third officers. Girls' Industrial School. — Superintendent and chaplain, five head matrons, five assistant matrons, and five houcekeepers. Missouri. — President, secretary, superintendent, matron, assist- ant superintendent, principal teacher, two assistant teachers, over- seer of tailoring shop, overseer of shoe shop, housekeeper, laun- dress, day patrolman and night watchman. The Female Depart- ment is un^or the direction of the matron^ assisted by two teach- ers, housekeeper, seamstress, cook, etc. A night watchman is on duty all night in this department also. Ohio. — Superintendent, secretary, assistant superintendent, matron, assistant matrons, teachers, engineer, gas maker, tailor, shoemaker, care-takers, housekeeper and assistant, laundry maid and night watchman. Pennsylvania. — White Department. — Superintendent, assistant superintendent, four male teacheis, three female ttachers, engi- neer, assistant engineer, gate-keeper, coachman, g.irdener and watchman, carpenter, baker, matron, assistant matron, housekeeper, cook and janitor. Colored Department. — SupcrintCiu'ent, assist- ant superintendent and teacher, gate-keeper, watchmnn, matron, assistant matron and female teacher, cook, nurse and overseer — in all, ten officers. Wisconsin. — The superintendent appoints all his subordinates, who consist of matron, assistant superintendent, and such number of employes as are necessary. 411 If 80, are they kept APPENDIX. Question XI. Are children of both sexes received? entirely separate? Answers. Connecticut. — Only males are received. Jllinoia. — Only mules at present. Are abont ready to take girlt), who will have separate apartments. Maine. — Only males are received. Maryland. — Both sexes are received and kept separate? Maftmchusetts. — Only boys are received into the State Keform School and Nautical Brunch of same; only girls in the State Industrial School for Girls. Missouri. — Several small boys are kept in the female depart- ment. With that exception, the sexes are kept about forty rods apart. Michigan. — Only boys. Ohio. — Both sexes. Kept entirely separate. Pennsylvania.— rlioih sexes are received and are kept entirely separate, both in white and colored departments. llhode Island. — Both sexes are received and kept separate. Wisconsin. — Both sexes received and kept separate, except in school houses. Question XII. Between what ages are they admissible? Answers. Connecticut. — Between the ages of 10 and 16 years. Illinois. — From 12 to 16 years of age. Maine. — Between 3 and 16 years of age. Maryland. — Boys from 9 to 16; girls from 8 to 12. Massachusetts. — State Reform School — between 7 and 14 years of age. Nautical^Branch — between 12 and 18. Girls' Industrial, —from 7 to 16. Michigan. — Between 7 and 16. Missouri. — From 2 or 3 to 16. Ohio. — Boys under 16 years, and girls under 14. Pennsylvania. — White department. The law specified no limit as to age. At present inmates range from 8 to 19 years of age. Colored department — between 9 and 16 years. A special resolu- tion of the board is necessary to admit any over 16, and under 21, sent from Philadelphia county. If sent from other counties by the courts, they are received. Rhode Island. — Children received from 7 years old to 18. Wisconsin. — Boys received between 8 and 15; girls heretofore between 7 and 10. The ages of girls was changed from 10 to 14 last winter, owing to want of sufficient accommodations. 412 APPBNDIX. Question XIII. For what causes may children be received? Answers. Connecticut. — Children may bo committed for any crime known to the law, and for which punishment may bo jail or state prison. Illinois. — In this institution, the only commitment is for want of parental care. Every child deemed a fit Hubjcct for the school, is sent before a commissioner appointed by the city for the pur- pose, who thoroughly examines the case, has power to call wit- nesses, Ac, Ac. Whatever may bo the offonce of the boy, he iu only committed for want of proper parental care. Maine. — Children may be received for any offence, punishable by imprisonment not for life. Mart/land. — Children may be received for criminal offences, in- corrigible and vicious conduct and vagrancy, and as boarders. Masaachmetts. — State Reform School and Nautical Branch — for •' any offonco which may be punished by imprisonment, other than imprisonment for life." Girls' Industrial School- for committing any offence known to the laws of this commonwealth, punishable by fine or imprisonment, other than such as may be punished by imprisonment for life; aloo fur leading an idle, vagrant, or vicious life, or being found in any street, highway or public place, within this commonwealth, in circumstances of want and suffering, or ot neglect, exposure, abandonment, or beggary. Michigan. — For all prison offences, except those of which the punishment according to law, is imprisonment for life. Wisconsin. — For violations of state laws; for crimes such as larceny, arson, burglary, &c., and for being found abandoned, or dangerously exposed, or in lewd houses, or for incorrigibility. Ohio. — Vagrancy, incorrigibility, and such crimes as are punish- able by imprisonment in the county jail or the state prison. Pennsylvania. — Received for incorrigible or vicious conduct, for vagrancy, and on complaint of parent, guardian, or nearest friend. Rhode Island. — For vagrancy and being disorderly or criminal. Wisconsin. — For vagrancy, incorrigibility, and any crime or misdemeanor. Question XIV. "What authorities have power to commit ? Answers. Connecticut. — All the various courts in the state have power to convict children to this institution. Illinois. — Justices of the peace have power ; but only on the commissioner's certificate. APPBNDIX. ^18 Maine. — Suprotne, police and municipal courtfi, trial juatfoes and ju8ticcs of tlio peace. Maryland. — ^They may be conmiitted by courts of tlio state and by magistrates, and, when admitted as boarders, t>y contract witll parents or next friend. MaasachMeth. — State Reform ScIjooI and Nautical Branch — Justices of superior courts and judges of probate courts. Girls' Industrial School — Judges of probate, and commissioners expressly appointed by the governor for this purpose. Michigan. — All courts of record, having criminal jurisdiction and police courts and justices' courts in the exercise of their pro- per criminal jurisdiction, provided the commitments are approved by the probate judge. Missouri. — The criminal court of St. Louis county, the recorder of the city of St. Louis, the mayor of St. Louis, any two justices of the peace, any two aldermen, and the board of managers, upon the petition of parents or legal guardians, may commit to this refuge. Oliio. — Justices of the peace within the county, mayor of the city, judge of the probate court, judge of the police court, court of common pleas, and superior court. Pennsylvania. — Magistrates and courts of the city and county of Philadelphia, the mayor and recorder of the same, judges of courts of common pleas of other counties, and quarter sessions. Rhode Island. — Any court of justice — or the trustees, where parents or guardians pay the board. Wisconsin. — Courts and magistrates may commit them. Question XV. Are they committed for a specific time, or indefinitely ? Answers. Connecticut. — ^They are committed for a definite period of time. Illinois. — They are committed till 21 years of age, or till <^')ey become good boys. Maine. — They are committed during minority. Maryland. — For an indefinite period ; but in case of boarders, never less than six months. Massachusetts. — During minority in all. Michigan. — During minority. Missouri. — During minority. Ohio. — They are committed, subject to the laws and rules gov- erning ihe institution, till of legal age. Pennsylvania. — Both departments, the law with respect to boys, contemplates their commitment during minority, with power to bind. Girls under 16, are committed until 18, and those 16 and upward, till 21, with power to indenture. ^^fl i M* ' ['^■H i' : ! I I 414 APPENDIX. Rhode Island. — For not less than two years, nor beyond min- ority. Wisconsin. — In all cases during minority. Question XVI. If indefinitely, when does the right of guardianship expire ? Answer. The uniform reply to this question is in substance : " It expires with minority, unless the governing board sooner grant an absolute discharge." Question XVII. Who judges whether the child is fit to leave the place before the time has expired, to which tlie right of guardianship extends ? Answer. The general response is: The governing board, on the recom- mendation of the superintendent. Question XVIII. What are the different modes of release ? Answers. V. I. Connecticut. — The modes of release are : 1st, expiration of sen- tence; 2d, discharge to friends; and 3d, discharge on parole of honor. Illinois. — On good conduct; being 21 years old: and sometimes discharged to the care of parents. Maine. — Unconditional discharge; and discharge upon trial ; and on indenture. Maryland. — By discharge to parents or friends, and by indenture. Massachusetts. — State Reformed School and Nautical Branch. — Pardoned by governor; by order of the court, and by trustees. Girls' Industrial School. — Icdentured till 18; or unconditionally discharged at 18; or discharged for good rejison prior to that age. Michigan. — By discharge; by leave of absence, and by indenture. Missouri. — The power of discharging inmates who have been legally admitted, resides only in the board of managers. The fol- lowing courts of St. Louis county have exclusive jurisdiction of ail wi'iu of hab^jis corpus for the discharge of any minor confined in the house of refuge, to wit: Circuit court, court of common pleas, land court, county court, and the criminal court of St. Louis county, or the judges of auv of the said courts in vacation. Ohio. — Discharged by indenture ; to the care of frieiuls, and to thoir own care, mostly upon the evidence of reform indicated by a system of merits and demerits. APPENDIX. 416 sometimes Pennsylvania. — By indenture; return to friends, and by order of court and examining judges. Rhode Island. — By placing out at trades, with or without in- dentures; by dischargers reformed; or upon expiration of sentence. Wisconsin. — 1, On trial, with " ticket-of-leave," subject to be recalled for misbehavior; 2, full discharge to the care of parents or guardians. None have ever been indentured. Question XIX. Is the institution to be regarded in the light of a prison or a school, or something intermediate between the two? Answers. Connecticut. — It is to be regarded as a school, not as a prison. Illinois. — As a reformatory home, where boys who have been neglected may be comfortably cared for, sent to school, and taught in some useful department of labor. Maine. — It should be considered as intermediate, between a school and a prison. Maryland. — As a reformatory, combining labor and instruction. Massachusetts. — State Reformed School and Nautical Branch. — As JL school for reformation, and not as a place of punishment. State Industrial School for Girls. — As a disciplinary family school. Michigan. — As a school. Missouri. — As a mantial labor school, where youth are detainexl against their will by authority of law. Ohio. — As a place of restraint and reformation, or a " reform school." Pennsylvania. — The institution is to bo simply regarded as a school for the cultivation of the moral and intellectual nature of the pupils. The fact is impressively conveyed to the mind of each inmate, when received, thai reformation, wot punishment, is the one object of the institution. Rhode Island. — Prison is lost sight of as far as possible, and the school feature is kept prominent. Wisconsin. — Most decidedly as a school. Question XX. What is the character of the discipline — is it that of a prison or otherwise? ■ '- ' Answers. *' ' ,'' Connecticut. — Not like a prison. Illinois. — It is that of a home — firm, sympathizing, kind. Maine. — The discipline has some features like that adopted in prisons; but it is as far removed from it as the character of the inmates will allow. I '- ! 416 APPENDIX. Maryland. — The discipline is mild, but firm; aifferiig, as far as possible, from that of a prison. Massachusetts. — State Reform School. — It is intended to be like that of a family school, not that of a prison. Nautical Branch. — The discipb'ne is that of a school. Girls' Industrial School. — ^Tho discipline is that of a family, except that they are confined to the grounds of the institution. Michigan. — It is nearly like that of the common schools of the state. Wisconsin. — Essentially the same as any well ordered school. Ohio. — The discipline is that of a reform school. Pennsylvania. — The discipline is of a parental character, no punishment being inflicted but such as might be imposed by a wise and judicious father upon his own offspring. Rhode Island. — Not that of a prison. Wisconsin. — The discipline is that of a well regulated school and family combined. Question XXI. What are the rules aud regulations of the place? Answers. 1 The almost uniform reply to this interrogatory is a reference to the by-laws of the several institutions, which are too voluminous for insertion. The general requirement in all is obedience, indus- try, and attention to study. / :;^: ^ - . '; Question XXII. ■ What are the proceedings of a day ? Answers. • Connecticut. — Rise at 5.30 a. m.; make beds ; go to the yard ; then to wash-room ; school-room ; singing, reading the scriptures and prayer; breakfast; yard; school till 9 a. m.; then yard again; work till noon ; dinner and play till 1 p. m.; work till 4.30 ; play and supper till 5.30 p. m.; school till 8 p. m.; then bed. Illinois, — The first bell rings at 5.45 a. m., in order that the officers may be on hand to receive their different families at the ringing of the second bell at 6. The boys file out of their dor- mitories, and proceed to their respective bath-rooms, where fifteen minutes are occupied in attending to the t'^Met. At 6.15 the bell rings for breakfast, f u* which they have half an hour. Then the next bell rings for school at 6.45, when twenty minutes are occu- pied at the commencement for devotional exercises, at which every officer and inmate is required to attend. The boys remain two hours in school, when the bell rings for dismissal at 8.55. Fif- teen minutes are allowed for the different families to wash aud APPENDIX. 417 comb. Bell rings at 9.10 a. m., for work. All the boys in school, form in their respective lines, when a short time is occupied in inspecting the different families ; they then march off' to their Avork-shops, keeping time to the beat of the drum, in which they remain till the bell rings to close work at 12.10 ; fifteen minutes to wash and comb for dinner. Tlie dinner bell rings at 12.25, when again the different families form together in the main yard parade ground, and file off" to their respective dining halls. From the dining hall the boys pass to the play ground, and amuse them- selves till 1.30 p. M., when the bell rings to wash up for work. The bell for work-shops rings at 1.40, when the boys again form in line and march off" to work, occupying three hours, till the bell rings for their dismissal at 4.40. Then they prepare for -upper, for which the bell rings at 4.55. From supper they file into school room as the bell rings at 5.20, and continue their studies for two hours, imtil the bell rings for prayers, when all persons connected with the institution assemble in school room. From there the different families proceed to their respective dormitories for the night Maine. — Rise at 5.30 a. m. Boys make their beds and attend to their al)lutions; then all assemble in the school room, where devotional exercises are conducted by superintendent ; breakfast at 6.30 ; school from 7 to 9 ; 9 to 1?, work ; 12 to 1 p. m., dinner and play ; 1 to 4, work ; 4 to 5, supper and play ; 5 to 7, school ; at 7, devotional exercises ; recess ; miscellaneous exercises ; at 8, retire to bed. In the warm months rise at 5 a. m. School in middle of the day. Maryland. — Rise at 5 a. m. in summer ; in school from 5.30 to 7.30 ; from 7.30 to 8, breakfast ; from 8 to 12, labor ; dinner and play, 12 to 1 ; labor, 1 "to 3 or 3.30 ; play, 3 or 3.30 to 4 ; school, 4 to 6 ; supper and play, from 6 to 8 or 8.30 ; after which retire. Masmchuselts. — State Reform School — These vary Avith the season. At present (Oct. 1, 1805), as follows : From 5.30 to 6, rise, wash, &c.; G to 6.45, school; 6.45 to 7, recreation; 7 to 7.30, breakfast; 7.30 to 11.30, work, excepting recess; 11.30 to 12 M., recreation ; 12 to 12.30, dinner ; 12.30 to 2.30, Avork ; 2.30 to 3, recreation ; 3 to 4.45, school ; 4.45 to 5, recreation ; 5 to 5.30, supper; 5.30 to 5.45 recreation ; 5.45 to 7.15, school ; 7.15 to 7.30, recess ; 7.30 to 8, devotional exercises, and then retire. Nautical Branch — Piped up at 5.30 a. m.; Avash ; breakfast at 6 ; one-half go into school at 9 a. m., and remain there three hours iu the morning, and the same have three hours' schooling in the afternoon, the others performing ship's duties. Dinner at 12. Supper, 5 p. m. Piped to hammocks half an hour after sun- set. State Industrial Girls' School — Rise at a quarter l)efore 6 ; breakfast ; attend prayers in chapel at half past 6 (in summer); work (sewing, knitting, braiding and housework) ; recess at 10 a. M.; Avorktill dinner; recess of an hour and a half; school from [Assem. No. 35.] 27 418 APPENDIX. 2 to 5 ; Slipper ; recess ; work in sewing room and housework is f, retire at 8. Middgan — The proceedings of tlie day begin with the ringing of the yard hell by the watchman, at 5:30, a. m., to awaken the boys, officers and employes. Fifteen minutes is given for the boy>j to dress and make their beds, when the bell is again rung, summoning the officers who have charge of the 1 oys' washing and morning meal to duty, and the boys to the yard. Each boy is furnished with a tin vespel, which he brings down with him every morning and places »jottom upward on a shelf numbered to correspond v/ith that of 1' s i)- ing rooms, but all have separate beds. Nautical Branch. — No, they have not. Industrial School for (Jirls. — One dormitory in each house accommodates 10; the remaining girls have separate rooms. Michit m. — 152 have separate rooms; the remainder sleep in dormitory halls, and a large room fitted up for the purpose. Missouri. — They have not; they sleep in largo dormitories. APPENDIX. 426 Ohio. — Thov Ijiivo sopnnito rooms, oxoopt ono •Hvisi(»u ot' Minall hoys. I*tinini/h'tif»{o. — Tlu\v Imvo sopurato slooniujj n>onKs. J!/io(le Ishniil. — No. oxoopt «l>otif !U> of t l»o liir^or jrirls. Kroni two to loiir ooojipv ouoh room, oxoopt tho ^ouorul slt'opiuir room, tor tho sinaUor l»oys, oooupioti hy somo tiurtytivo lM)ys. K.aoh ohihl is t'liiiiishod with a .> vsoparato sh'opinir rooms for all, hut our orowdod ooudilioii ooiupols us, ofiou, to ))Ut two into tho sanio room, or rather into tho sanic Ital, iu tho hirgor roouis and halls. Ql .CSTION XXVI. May thoy oouuuunioato with caoh othor during tho tlay, or ia tho law i)f silonoo ont\)rood ? AN8WK15N. Connevd'riif, — Tho iumatos airo togothor in tho yiinis, and, of courso, oonnuuuioato. Illhiitix. — May oommunioato jw nuu'h as thoy [)loaso, on tho play frrouud. Maine. — Tho l>oyv>» have unrostrioto*! oonmuinioation on tho play ground. M(tn//(nit onforoo silonoo as in prisons, hut do not cxpoot thom to (!ouununioat(^ during si'hool tii'i. — Thoy may oommunioato frooly (hirintj iliv (iiiic. allot' ted to rertitofioii, with nu'nd)ors of thoir own division, 'i'ho hoys aro soparatod into two divisions, with roforonoo to tlu>ir ag«>s; tho young(>r hoing plaood in ono division, and tho oldor iu auothtM', The law of sihMioo is onforood, as far as it is (IooiimmI praclioahlo, in work rooms, in whioh sovoral (.vnununioation during tho luMirs for rocrou- tion, always undor tho suix'i vision of an oiKoor. Wt,s(;o7mn. — Hoys and girls aro not allowo*! to conununiuate Avith each othor, hut oaoh sox is porndttt>d to communicalu und play toguthur, as in ordinary huurding-ychouls. i i m vf 4 ' : Ik ft 42e APPENDIX. QU RATION XXVII. How much of thoirtimc do tho children spend in school. Answers. Connecticut. — Four and n half hours per day. Illinois. — Four hours. Maine. — Four hours. Maryland. — Four hours. Mamachnsetts, — State Kcform School — Four hours in school. Nautical Branch. — Six hours in school every other day. Indus- trial School tor Girls. — Three hours a day in school. Michhjan. — They are in school five hours for six months of tho year; four liours for three months, and three hours for three months. Mi/tsow'i. — About one-half of tho boys are occupied four hours and a half, in school, the other half, nix houm and fort t/ -five min- vtes, per day. In the fenudo department, tho time occuj)icd in school by the older jjirls, is about four hours daily; the small girl:^ are in school about five hours daily. Ohio. — They are in school on Sunday, five hours, on other days three. Pennsylvania. — White — Four hours each day in school. Col- ored. — Two hours a day. Rhode Island. — About four hours per day. Wisconsin. — In school four hours daily Question XXVIII. What branches of learning do they pursue ? Answers. r Connecticut. — The branches studied are spellinnj, reading, writ- ing, arithmetic, geography and grammar. A few study algebra and philosophy. Illinois. — They study, reading, spelling, writing, arithmetic and geography. Maine. — Reading, writing, geography and arithmetic. Maryland. — They learn orthography, reading, penmanship, grammar, arithmetic, algebra, philosophy, music, both vocal aud instrumental. Ma.'isuchusetts. — They are taught the common English brachcs, and in the Nautical Branch, navigation in addition. Industrial School for Girls. — The girls study reading, spelling, writing, arithmetic, geography, and general exercises of a miscellaneous character. Michigan. — Reading, writing, arithmetic and geography. Missouri. — They are taught the ordinary English branches. APPENDIX. 427 Ohio. — Rending, writirg, arithmetic, geography, grammar, Ac. Pennfii/lvum'a. — All the primary braiichen of an Engliwli educa> )n. Ithode Island. — They leurn the Hamo as in our public ncIiooIm, fur MS the capacity of the cliiUlrcn admits of it. ,y tion. 80 . ., \Visr.f))\mn. — Spelling, reading, writing, arithmetic, geo- grai)liy, &c. Question XXIX. What progrcs in general is made by them? Answers. Connecticut. — They learn as rapidly as any class of boys. lllinoi.H. — Their progress equals that in the public schools. Maine. — They advance about as far as the pupils of our gram- mar schools. Maryland. — Variable; some make good progress, others very little. Matisachmetta. — Their progress will compare favorably with other schools. Industrial School for Girls. — Suflicient progress for ordinary intercourse with the world. Michigan. — They are generally making very fair progress, nearly the same as in our common schools. Misttonri. — Taking into consideration the fact that they have no time out of the regular school hours to prepare their lessons, the improvement made is satisfactory. Ohio. — I'heir progress is, generally, very fair. Penn.ose to instil into the minds f/f the children moral .Mid re'igious sentiments, and to keep them under these influences as far as p<»8sibl*'. Penns;/lvmiia. — Tli»' enti-ro discipliiM* is intended to impress itself upon th«' hearts o*' tlw children and teach them the princi- ples of religion and mo>rality. Special eftbrts arise from Sal»bath- school iiwtructk**!, cha|j<»l exercises, and private conversations. Wisco^iMin.—Movwhvy and evenin'^ir prayers are ol)served and special, po!»«fced address(^s are ofttm mad*, enforcing particular truths. Grf-»t pains are taken to illustrate and enforce the truths of Christianity. Question XXXVJ-I. HoAv ranch importance is atta<4»*>d to efforts of tkws kind ? APPENDIX. Answers. 438 All respond in sub.stiintially the same terms. The following arc some of the sentences contained in the replies received: "It is considered of the highest importance, for unless the heart is reached, nothing is accomplished." " The greatest imi^ortance is attached to the sowing of the truth and impressing it upon the heart in a manner adapted to the capacity and understanding of a child." '•Judicious effort in moral and religious culture cannot bo over-estimated." " We regard it as of the highest importance, believing no reform to be thorough and permanent without this." " Such efforts, combined with labor, we think the true helps to reform." "It is our great piarpose to reform the children by cultivating their moral and religious sentiments, and urging correct deport- ment flora principle, rather than by exacting it on compuJHiou." "The daily administrati(m of the discipline and special efforts to arouse the children to a sense of their duties and obligations as responsible and iimnortal beings, must afford the only sure hope of their becoming rirtnous." " Great importance is attached to the mental and moral culture of the inmate*!; it is the groundwork of rcfoi-mation; we seek to awaken the intellect as the only avenue to the conscienc<»; to sub- due vicious propensities by the careful cultivation of virtuous principles." Question XXXVIII. When a youlh is received into the establishment, arc any, and if any, what iiistructions given him as to his future conduct? Answers . Cnnnectf'cnt. — No special instructions are given. Illinois. — He is told that whatever his former life may have been, it is past; but from the tirst he will establish his character with us by his behavior each day, and we give him the utmost •onfidence so long as he proves worthy of it. Manjlaud. — He is made to understand, as far as possible, that wo are his friends, who are desirous of doing what we can to train him to habits of industry ami morality; and, in short, to make him a useful member of the conmninity. He is urged to break away from every evil habit, and make a great effort, for his own good, to improve in every respect. Massachusetts. — State Rcf. School — He is informed of the regu- lations, and efforts are made to gain his contidence. Girls' Indus- trial. — That implicit and cheerful obedience will be required. [Assem. No. 35.] 28 i I- 434 APPENDIX. MicJdgan. — When ft youth is received into the school, wo first of all try to muke him feci hs if the institution was a homo, and that he has como to live with friends who will not treat him as a criminal, but as a imntaken boy. Many times they como to us in irons, as to a prison, with feelings depressed and hatied toward all. After they become acquainted with us and with the institu- tion, wo try to convince them that they have not only broken man's laws, but God's laws, and that to reform, they nuist begin to acquire su( h habits as they will want when men. Mifimuri. — Ho is advised to shun the company of those who show themselves to bo disobedient and refractory; to be obedient to the instructions of his care-takers, and kind toward his associ- ates. Inmates are brought fi'om the city to the institution — four miles — by officers of the institution, who take these opportunities to converse witli children before they are allowed to mingle with the inma^ ^ Ohio,— "hen the children are received into the institution, they are info? ' 'od with regard to their duty and what is expected of them v\x the rules, and their necessary deportment is clearly cleiii;c<'. Pt-'i->:'-'. sujjorintendent hearing and deciding upon every case. We arc dividing, as rapidly as possi})le, into fainilios of 30 f-ach, which will be classitied in a measure liy thoir eiiai'acter. APPENDIX. 435 Maine. — They are tliviclecl into five classes — 1st, 2tl, 3d aiul 4th grailos, and class of " Truth and Honor." When a boy is received into the scliool, h« is phiced in the third grade, and is promoted or degraded according to his deportment. JMurylaml. — They are chisisitied. We have five grades known as 4th, 3d, 2d, 1st, and Truth and Honor. When a child is received, he is placed in the third grade. If his conduct is good, ho is promoted after a probation of four weeks to the second grade, and in like niamier to the 1st and to " Truth and Honor." It usually takes a boy about three weeks to attain the highest grade. We do not regard these grades as a geiuiine test of character, but simply as a system of discipline, as a shrewd bad boy may make an elf'ort and actually attain the highest grade of the house, mere- ly as a matter of policy, while at heart he may be an unprincipled lad. We keep a daily record of every boy's conduct. The grades are arranged, weekly, from this record, at which time a report is made of each boy's record in presence of the whole school. 31assadmsetts. — State Kef. School — The inmates are not divided into elastics in the congregate department according to their conduct, but a daily record is kept of each, and the better boys are graded !is far as we have room, into places of trust, such as our *' Family houses," of which \\& have three, accommodating 84 boys. Here they work on the farm and garden, eat at the same table and of the same food as their officers and teachers, and have the usual freedom of boys on a farm. From these families, if they do well, they go home on probation, or are indentured to places. If their behaviour is not good, they are returned to the congregate dc^partment, and others p'lt in their places. Girls' Industrial. — They are not classified. Michigan. — Our school is not divided, but w^e try to keep the older from the younger ones, as will be seen from the report. Missouri. — We have, in the male department, two play grounds, one for boys 14 to 16 years of age, and the other for boys of 12 years and under. The iimiates are all graded or classified accord- ing to their behaviour while in the institution. The grades are (i)eginning with the lowest) 4, 3, 2, 1, and first, second, third and fourth *' grades of honor." Every inmate, when received, is placed in grade 3 by giving him 600 merits — the number he must sub- sequently earn by good conduct before he can pass to the next higher grade. If, during the first month, he receives more demerits than the total of 8 !nerits per day, that is, more than 240 if the month contains 30 days, or 248 if it contains 31 days, he falls from three to four; if, on the contrary, he has a balance in his favor at the end of the month, that l)alance is carried forward from month to month until he has saved (iOO over and above demerits, wlun he is entitled to grade No, 2. In (his way he may go on until ho n'jirhes the 4th " grade of honor," which, by a rule adopted by ciir lk)ard of Managers, entitles him to a discharjre. Notice that ttr:fi'^''J^S\. ^, It' 436 APPENDIX. m a Imlancc against any boy at the oud of the month, is not cairied forward, but cancclecl, so that ho Las an opportunity of beginning the next month wit>i nothing; a<;ainijt him but the fact that ho lia:j made 710 progress. The very best 'Icportmcnt for 15 consecutive months will cnti'Jo a boy to the 4th " grade of honor," and conse- quently a discharge. The demerits for any given mindemeanor, are uniform. For example: Profanity is always 32, disobedience 0, &c. The list of misdemeanors and penalties is tho same as that used iutho Cincinnati House of Refuge. Ohio — Thfi boys are separated into 3 divisions and the girls into 2. They are classed by age and character when adnuttod, or subsequently developed. Pennsylvania. — White — There are t wo classes, designated by the letters A and B. Those in division A are under 15 years of age; In division B, over 15. If we should have an inmate un daingor of their creating a moral malaria that might poison the more imuicent and Laisu>])ectii)g mind. We nave, then, two classes of children that, for obvious rensous should l>e kept sepai ate. There is also a third class of. children that should not a»soeiat(' witli eiiher of them — tue vagrant and incorrigibi' . The vagrants, whose only misfortune is to l>e without honje o^ friends, and who arc dt'i^'udent upon the henevolenec (>f tb** ei«H»« munit}' lor suppoi-l, .md the incorrigil.le whose acts of disobedi- ence have been those of truant-playing, or a1»?siMUing themselves from home, and who hiive not been guilty of criminal acts, should constitute the third division. APPENDIX. 437 These divisions should bo suh-clividod into classes of about forty each. They should bounder tho care and instruction of judicious, kind and pious teuchors, wlio should impart moral and religious trutlis to them, and advance tlicm in their scholastic education. They should bo constantly with their pupils in the play ground, tho work-shop, the dining-room, and convenient to them in their dormitories. They should study their peculiar traits of character and apply such remedies as may euro the moral diseases of each. They should share their joys and sorrows and so identify thom- selves with them as to bo of their number in all their innocent pursuits and pleasures, yet at the same time preceptors whoet; example must be imitated, and whoso precepts kindly received. With so small a number in each cla^s, and competent persons to mould their youthful characters, much greater good would bo accomplished than l)y the system of assigning to one instructor u hundred or moro boys, with only occasional opportunities of con- tributing to their moral and intellectual advancement. Colored. — The inmates are classiticd according to conduct. There are eleven classes. A record of each inmate's offences each month is kept, and promotion to a higher grade, suspension, or deffradation awarded at tho end of the month. Rhode Idand. — Tho system consists of four grades and four classes — the lowest grade is the fourth ; tho highest class is the fourth. Each grade al)ovo tho third, (this being the one where children are placed as admitted) has its privileges; till, on reach- ing the second and third classes Ihcy are oftvn permitted to visit their friends and to go from tho institution unattended. On reach- ing the fourth class, boys arc discharged as reformed, and girls placed on trial with friends, where they have suitable friends to take charge of them. When they have not, care is taken to pro- vide suitable places before they roach this class. Wisconsin. — There are six classes or grades, which are revieved every month, and promotions are made from the record of behavior. All serious offences and punishments are recorded. Question XL. How far are the antecedents of the inmates recorded ? Answers. Connecticut. — Their parentjige, employment, knowledge "of books, crimes, «fec., are recorded. Illinois. — All their history.is recorded that can bo obtained. Maine. — Employment, habits, character of parents, and sych other facts of interest as can be obtained from the boys themselves, or from the officer committing them. Maryland. — We record everything of interest conoeruing each child, including habits, character of parents, «fcc., &c. Massacfimetts. — State JBef. School, — As far as they can be oscer- 433 APPENDIX. I taiiietl, we record the general facts of (heir early lihtory. Girls' Iiuliirttrial — We record their l)irthi)lace, p rentage and age if they can l>c ascertained, previous circumstances and opportunities), ho far as they can bo ascertained, and causes of coniinittal. MicJiiyan. — All important facts that can I»e ascertained. Missouri. — Wo ask and obtain, as far as pos8il)le, answers to the following questions, to wit : How old are you ? Your birthplace ? Your parents' birthplace ? Where do your parents reside ? Their occupation? What hits been yo^r occupation? How long have you attended school ? How frequently have you attended Sunday school ? Church ? Have you been often to the theatre ? Have you been drunk ? Used profane language ? Have you slept at uight in sheds, or in other places not suitable for boys at night, who are not driven by necessity frotn their l)eds ? Have you kept the company of men or boys who steal ? How many times, previously, have you been arrested? Have any of your relatives been imprisoned for crime? Do your parents ever get drimk? Do they quarrel? Have you a step-father, or step-mother? What caused you to come to the house of refuge ? Do your ))arents use profane language ? Ohio. — A brief history of the child is recorded, embracing, as far as practicable, all important facts in regard to the child and l^i.s parentage, his social relations and moral habits. Fmnsylvania — White. — The entire history of the inmates is taken, up to the time of their admission into the institution. This embraces their moral, intellectual and industrial training, together with such knowledge as may be obtained concerning parents, guardians, 440 APPENDIX. Michigan. — Not to a very great extent, and only by letters from the boys themselves, except in case of those released upon leave of absence, who are required to write every three months, or are liable to be retumod. Wiscotisin. — Persons who receive inmates under indenture are required to report to the superintendent every year the physical, moral and mental condition of said apprentices. We necessarily lose sight of a large proportion of those who are unconditionally discharged. I am of opinion that children, when returned to parents, should bo given up only conditionally; in other words, that the board of managers should reserve the right to take any child back to the institution whose parents will not report the condition of said child to the superintendent twice every year. Ohio. — By visiting and corresponding with them and their masters. Pennsylvania — White and Colored — Printed circulars, contain- ing a number of questions relative to the character of the appren- tice, are sent yearly to the masters. These are returned to the institution with the answers. The agent visits eech indentured child once a year, and by a personal interview natisfies himself as to the treatment of (he apprentice, &c. Ithode Inland. — Children are placed out with the understandi^i;; that a written commuiiication be made once in each year at least. Wiftcondn, — Their conduct subsequent to their leaving, as far as known, is recorded. Question XLIII. What proportion are reformed and turn out well in after life? Anhwehs. Connecticut. — More than three-fourths arc doing well. Illinofit, — Of those honoral)ly discharged during past six years, I think full seven-eighths are doing well. (Those who have been discharged by courts, or have escaped, or have been returned becauNe inipr<»nerly committed, are not included in this statement.) Maine. — It is claimed that 76 per cent are reformed. Maryland. — From 70 to 80 pi^r cent are reformed. Manmrhnni'ttd. — Naul ical Dranch — M«)re t hnn three-fourths, so far as heard from. Girls' Industrial — Our institution has been in ope- ration for so short a time, that we are una))letogrvoanystA(ifltieH<>ii this point. We know of many who are now doing well, bravely struggling against temptation, while some are a source of gri<*f to UN. MiMonri, — About three-fourths, judging from the necessarily very imperfect data we have. Ohio. — A large proportion of those discharged; but a history of oaeh after leaving the instilution is too extensive an undertak- Jng to be annwercd deHnltely. APPENDIX. 441 Pennaylvania — White. — Wo feel satisfied, from information obtjvined of the suh>oqiicut histories of the children after leaving here, thutnt least two-thirds of them become respectable members of society. Colored. — Twenty per cent. Rhode Island. — A question not easily answered. Most of them are improved. Many do very Avell. Some take a high rank in the standing of good citizens, and some do very badly — others badly enough. Wisconsin. — The institution has l)een in operation only five years. It may be safely stated that 85 per cent of those discharged have been peruuiuently reformed. Question XLIV. What proportion of those received arc orphans, by the loss of both parents? Answers. Conntcticut. — One-twelfth part have lost both parents. Illinois. — One-sixth part. Maine, — Uinildo to determine. Maryland. — About one-sixth. Massachusetts — State Reform School. — Four per cent. Nauti- cal Hnnich. — About one-eighth. Girls' Industrial. — About one- fifth. Missouri. — Less than 10 per cent. Ohio. — One-fourth. Pennsylvania — White. — Our statistics for 18G4 show that of the number re(!eived in that year, 45 were orphans by the loss of both parents, and 218 were half orphans. Colored. — Ten per cent. Rhode Island. — Nearly one-fifth. Wisconsin. — About one-quarter. Question XLV. What proportion are half-orphans? Annweiis. * Conuecltntt. — Nearly half. Illinois. — About one-half. Maine, — One-fifth. Maryland. — About one-half. Massachusetts — State Uoform School. — 83 por coiil. Nautical Branch. — About one-half. Girls' Industrial. — Nearly onu-hulf, Afissouri, — About ono*half. 0A/».— One-third. Pennsylvania — White. — No other answer than to last qucition. Colored. — Ninety per cent. Rhode /«/('«(/.— Nearly one-fifth. IIV«co)i«m.'~Abuut unu-quartur. 442 APPENDIX. Question XLVI. What proportion have idle or vicious parents by >\ hose example they have been led on to crime? A N8WER8. Connecticut. — Perhaps one-third. Illinois. — Our statistics do not fully show this — should think one-halt'. Maine. — Unable to determine. Maryland. — About threc-tifths. Massachusetts — State Reform School. — Nearly nil. Nautical Branch. — Nearly one-half. Girls' Industrial. — More than half. Michigan. — About two-thirds. Missouri. — About thirty-five per cent. Pennsylvania — White. — About one-fourth have parents whose example and neglect liave been the chief causes of their children's going astray. Colored — Fifty per cent. Jihode Island. — One-half or more. Wisconsin. — Nearly one-half. Question XLVII. What are the recreations of the children? Answers. 1 Connecticut. — Plays of all kinds in the yard. Illinois. — All proper amusements common with children. Maine. — They have three hours per day for recreation in the winter months, and between four and live in the warm months. In hours of recreation they are allowed the fullest liberty to indulge in all plays that are proper for any boys to engiige in. Maryland. — About the same as th(we of an ordinary school. Massachusetts, — State Reform School — The gynniasium, foot ball, base ball, nuirldes, &c., &c. N.'ntimil Branch — Such plays us they may choose. Girls' Industri Walks, nutting, l)errying, skating, and various iiAloor an! • ..oor games as in other families. MicMyan. — Ball, marbles, hkating, swimming, and games usual in oonunon scho(ds, bv^sides a nasium in the yard. Missouri. — Those nmu^enicntfi usually allowed to the pupils of the public schools. Gtmies \\\\\ ing a tendency to do mischief ex- cluded. Marbles are alUtwed, but taken away as soon as a dispo- sition to quarrel is nninifested, in consequence of " playing for keeps," as the boys call it. Ohio. — They are up(»n the play grounds about two hours and a half each day, when they are allowed to indulge in nucIi exerclMo and games as may id ease thrm,oidy being restrained from exccM. Pennsylvania. — White and Colored — The various plays and APPENDIX. 443 giimes peculiar to children, except such as have a tendency to gambling. Rhode Island. — Such as are common to children of their age. Wisconsin. — Common amusements in the yard, except games of chance. No playing of marbles is allowed. Question XLVIII. Are they under supervision while at play ? Answers. All respond in the affirmative; and Mr. Allen, of the Massachu- setts State Reform School, adds : •* The play ground, Ave think, is one of the best places to influence boys for good." Question XLIX. Do the persons who have charge of the children, at such times, ever take part in their games ? Answers. Connecticut. — Occasionally they do take part in their games. Illinois. — Sometimes they do. Maine. — They frequently do. Maryland. — They do. Massachusetts. — State Reformed Scliool — They do. Nautical Branch — They do. Girls' Industrial — Yes. Michigan. — Sometimes they do. Missouri. — The^ do frequently, when they have sufficient dignity to secure tlio respect of tlio children. Persons inexporienci'd in the management of the young, and with little tact, are usually in constant fear of losing their inlluence over them by freely ming- ling with them in their sports. Ohio. — They do not take part in their games. Pennsylvania — White. — Sometimes the officers in charge take part in their plays. Colored. — Frequently, the superintendent sometimes joining thorn. Rhode Island. — They do. Wisconsin. — Froquoiitly they do. Question L. What is the dietary? Anhwkrh. Connecticut. — Meat once a day, coffee and wheat bread for hieukfast, milk and bread, or mush and milk or molasses fur sup- per. Hi APPENDIX. IllinoM. — Breakfast — Bread and molasses and coffee every morning. Diinier — Corned beef and vegetables, fiesh beef, with soup and vegetables, and pork and beans alternately. Supper — honiiuy, rice, mush and bread alternately. Maine. — Monday, Breakfast — White bread and cofft'e boiled with milk. Dinner — Corned beef, beats, cabbage and brown bread. Supijer — The same as breakfast. Tuesday, Breakfast — Same as Monday. Dinner — Fresh meat, soup and brown bread. Supper — Mush and molasses. Wednesday, Breakfast — Same as Monday. Dinner — Baked beans and brown bread. Supper — Same as breakfast. Thursday, Breakfast — Same as Monday. Dinner — Same as Tuesday. Supper — Mush and molasses. Fri- day — Breakfast same as Monday. Dinner — Salt fish, potalois and bread. Supper — Same as breakfast. Saturday, Breakfast — Same as Monday, Dinner — Same as Tuesday. Supper — Same as breakfast, Sunday, Breakfast — Same as Monday. Diuner — Mush and molasses. Supper — White bread, gingerbread and coffee. Mart/land. — Meat once a day, either in soup or baked, with vege- tables, bread, eoflceand tea, with more or less fruit in the season. From the farm wo are able to give them quite a variety of vegc- tables. Mafisaclnmetts — State llefoim School. — Plain, garden vegetal)ies in abundance; meat once a day, brown bread and white bread. Nautical Branch. — Breakfast and Supper — Colfeo and hard bread. Dinnei' — Sunday, fresh beef and soup; Monday, corned beef and bread pudding; Tuesday, pork and beans; Wednesday, fresh beef and soup; Thursday, corn beef and duft'; Fritlay, p(»rk and beans; Satur a good variety of vege- tables in their season, good fresh beef and mutton once a day, and first rate bread at every meal. In winter, fresh meat fnuitton or beef) oneo and sometimes twice a day. If twice, it is l)oiled for dinner, and the remaining portion sliced an or pudding; Supper, bread and sorglitun, with water; when very e(dd, weak entree. Monday — 'Breakfast, corn bread and coffee: Dinne:*, stewed beef, with unioHii uud potatoes; Supper, bread und cufluo. APPENDIX. 446 Tuesday — Breakfast, cold sliced beef and bread, with coffee; class of honor, stewed meat and potatoes, bread and coffee; Dim ner, boile ys die, their names would not appear as dying at the institution, aniJ the average number of such would also bo reduced. Nautical Branch — Oue- sixth of one per cent, (lirls Industrial — Of the 470 who have l)con inmates, but two have died in the institution. Michigan. — Two per cent. Missouri. — Loss than three-fourths of one per cent. Ohio. — During the last eighteen months but one death has occurred in the Institution. Pennsylvania.— i2o\oY*i(\ — Two per cent. Hhode Island. — No death has occurred since 18(51, and for pre- vious years less than one-tenth of one per cent, except one year wlicn three deaths occurred. Wiscottsin. — No death has occurred in the school since it was opened, five years ago, out of 353 Inmates. >i 448 APPENDIX. Question LVI. What are the diseases most prevalent? V Answers. Connecticut. — No prevailing disease. Illinois — Do not know. Maine. — Fevers. Maryland. — No particular form of disease. Massachusetts. — State Ref. School — None in particular. Nauti- cal Branch — Inflammation of the eyes. Girls Industrial — Hereditary diseases, syphilitic and scrofulous, Michigan. — F'eve^' and ague and measles. Missouri. — Scrofulous opthalmia is the prevailing disease. Wo have no running water, but draw all the water we use from cis- terns and wells. We have been compelled to use hard water for all purposes several weeks at a time. Ohio. — Chills and fever. ' Pennsylvania. — White — Have had so little sickness that we can- not refer to any "prevalent disease." Colored — Tubercular. Rhode Island. — None that can be called prevailinff. \ Question LVII. How often does the physician attend? , Answers. Connecticut. — The superintendent is a ph3'sician. Illinois. — Whenever required. Maine. — When summoned. Maryland. — Usually three times a week, oftener when necessary. Massachusetts. — State Ref. School — Once a week and oftener if needed. Nautical Branch — About fifteen or twenty times a year. Girls' School — Once a week and oftener if necessary. Michigan. — Once in two weeks, and oftener if desired. Missouri. — When notified that his professional services are required. 0/«<'o.— Usually but twice each week. Pennsylvania. — White and Colored — The physician attends twice a week to examine all new imnates, and prescribe for tlio sick, if the* •■ should be any. If his services irtiould l»c lequlrod oftener, it would be his duty to attend. Rhode Island. — Twice a week. Wisconsin, — The superintendent is physician. APPENDIX. 449 Question LVUI. What hospital accommodations are there? Answers. • ConnecttciU. — All that la needed. Illinois. — Have a room on purpose — small, but comfortable. Maine. — ^Rooms for hospital use scantily furnished. Maryland. — A large room in a quiet part of the house. Massachusetts. — State Reform School — Good accommodation in a building specially adapted. Nautical Brancli — We send to Rainsford Island — state hospital. Girls' School — A hospital room in each house is contemplated. Michigan, — A room in one corner of the building, 16 by 20 feet. Shall have better when we build, as we hope to in the spring. Missouri. — In the male department none in reality. We have one small room, say, 8 by 12 by 10, with no convenience for warming in the winter, where one or two boys are occasionally placed when unable to leave their beds. This room is the only accommodation we have for such boys, who need to be kept apart from the well. In the female department a hospital room of suf- ficient size to accommodate six persons is provided. Ohio. — The various hospitals will accommodate about thirty patients, with bathing rooms and water closets complete. Pennsylvania. — White — Spacious well ventilated rooms in each department for the sick of either sex. Colored — A boys' infirmary, containing eight beds; a girls' infirmary, containing six beds, with all necessary furniture, &c. Rhode Island. — Four small rooms, bath room, water closet and sink room. Wisconsin. — Two large rooms furnished. Question LIX. What have been the aggregate annual earnings of the inmates for the last ten years? Answers. Connecticut. — About $4,000 per year for work done for parties outside the institution. Illinois. — Can not give the amount for ten years. Last year their earnings amounted to $10,000. This year I think they will be more. Maine. — The aggregate annual earnings are as follows: 1856 $2,096 91 1857 1.2a;i 96 1858 718 58 [Assom. No. 35.] S9 450 APPENDIX. 1859 $1,025 12 1860 2,529 59 1861 3,307 53 1862 1,183 57 1863 J 4,327 77 1864 4,155 69 1865 4,745 13 These amounts do not include the value of the boys' hibor upon the fiirm, which would add materially to the gross amount. Maryland. — The institution has been opened but about ten years. During the first six years little success attended the efforts of those in charge, in remunerating employments. The annual amount received for the last years, from employments, has been about $9,000. Masaachiisetta. — State Reform School — Cannot answer, as a large number work on the land in summer, for which we receive nothing in cash. Nautical Branch — No income. Girls' School — We can- not tell. Most of the time is spent in instructing them in house- hold labor and sewing for the family. The present superintendent has been here four years, during which time the girls have earned, by knitting and braiding, $2,000 Michigan. — Wo have no means of ascertaining the amount previously earned. Missouri. — Have not the necessary time to answer correctly. Ohio. — $30,371.15 for the last ten years. Pennsylvania. — White — For the last ten years the aggregate earnings of the inmates have been $51,543.26. Colored — $23,- 025.14. Question LX.- What arc the annual aggregate expenses for the same period? Answers. Connef^icM/.— $20,000. Illinois. — Our total expenditure for five and a half years, in- cluding building improvements and all, $151,000. Maim. — The aggregate annual expenses, are as follows: 1856 $30,627 85 1857 32,696 20 1858 25,783 37 1859 19,452 88 1860 20,027 45 1861 19,799 95 1862 16,553 15 1863 14,636 55 1864 26,536 07 1?65 27,772 11 APPENDIX. 461 Maryland. — ^Tho aggregate annual expenses for the last nine years, is $256,373.30. Massachusetts. — State Reform School — $42,404.48 annually to the stttte. Nautical Branch — About $24,000 per annum. Girls' School — The institutiou has been in operation but nine years. Aggregate expenses for that time have been nearly $134,000. Missouri. — Total expenditures for ten years, ending April 1, 1865, are $191,240.11. 0/«'o.— $402,357.18 for the ten years. Pennsylvania, — White — The aggregate annual expenses for the last 10 years have been $21)8,284.29. Colored— $126,784.15. Question LXI. Whnt has been the average annual cost of each inmate, including all expenses other than the interest on the real estate belonging to the institution ? Answers. ///tnow.— Average cost per year of providing for each inmate for past 5j years, including buildings and all, after deducting earnings of boys, is $104. This average is lessened considerably by a portion of our inmates being out on ticket-of-Ieave all the time. Maine. — $118. Maryland. — Average annual expense per capita for nine years, $92.92. Massachusetts. — State Reformed School — $112.63. Nautical Branch— $154. Girls' School— $119.08. Missouri. — About $130. 0/«o.— $157.90. Pennsylvania. — White — The average 4innual cost of each in- mate for 1864, including all expenses, woe $92.76. Colored — For 1855, the cost per capita was $70.77 (exclusive of earnings) ; 1866, $66.70; 1857, $74.65: 1858, $74.77; 1859, $77.21; 1860, $77.88; 1861, $75.63; 1862. $70.98; 1863, $84.84; 1864, $110.60. Wisconsin.— Evom $180 to $200. Question LXII. What is the average period during which children are retained in the institution ? I 1 1 Answers. Connecticut. — The average stay of inmates is two years and a half. Illinois. — Should think about two years. Maine. — Twenty-eight months. Maryland. — Twenty and a half months. 452 appendix: Massachusetts. — State Reform School — Between two and thico years. Last year, t^yo years, two months and 27 days. Nautical Branch — Nine and two-third months. Girls' School — About three years. Michigan. — About two and a half years. Missouri. — Hitherto it has not exceeded seven months. Ohio. — Two years, five months and four days. Pennsylvania. — White — The rule of the institution obliges them to remam under its discipline one year, in order that they may pass through all the classes denoting moral improvement, and then, if this bo the case, they are considered fit for discharge, by indenture or otherwise. As they are not always discharged at the expiration of the year, the average time is something more. Colored — 18 months. Wisconsin. — Two years. Question LXIII. What is the average ago at which they are received ? Answers. Connect i'-Ht. — The average age is twelve years and a half. Illinois. — About twelve an«l a half years of age. \ Viaine. — Twelve j"^ years is the average ago at which they arc rec(»ived. Mart/land. — The average age s twelve years. Massavhusvtts. — State Ri^form School — Last year, eleven years, seven months and six days. Nautical Branch — Fifteen years is the average. Girls' School — About thirteen years is the average. Michigan.- -Wnnxi thirteen years. Missouri. -The avenige of the boys is eleven years, one and a half months ; girls, seven years and eleven months. Ohio. — Tvvelvfi years, live months and twenty seven days. Pennsyh'tuiia. — White.--Tho average nge of boys received in IM(M, was lij} years, and girls 14|| years. Colored. — B(»ys 12 y«'«r.s (Jirls 11 years. WisvuHsin. — The average age is twtdvo years. Question LXIV. Whiit is the average age at wlii(^l) they are discharged? Anhweijn. ^V>»;)^^^V»^ Fourteen years. /lliii'tis, Il»'tw(>en fiiurleen and (Ifleen years. Mdinr, Kiriei-n yiwu'H two-t«'n(bs in the average. ..^hiryhtml, — Average atfo at time of diseliiirge fourteen yearn. Ahtssar/nimtts. — Slute Heform Seh«M>|, — Altout fourteen yeai'N. Nuulioal nrani'h— Fifloeii and two-thirds years. Girls' School— P APPENDIX. 453 Thoy are not discharged until eighteen, unless for ill health, or occtisionftlly for some other sufficient cause. Michigan. — About fifteen and a half years. Misfom'i. — Boys eleven years and eight and a half months ; girls eight years and six months. Ohio. — Fourteen years and eleven months is the average age. Pennsylvanio. — White. — Boys about fourteen and girls fifteen and a half. Colored — Boys thirteen and a half, girls fifteen and a half. Wisconsin. — Fifteen years of ago is tho average. Question LXV. What punishments are employed ? Answers. Connecticut. — We hold to Solomon'/i advice, after all other remedies have failed. No strange, cruel, or degrading punish- ments arc allowed. lUinois. — Change of grades — standing up for rofiection — broad and water, and, very rarely, whipping. Maine. — Sv)litary confinement, deprivation of play, and corpo- ral punishment. Marifland. — Wo rely mainly on our grades ; but as auxiliaries, wo use deprivation of play, loss of evening meal, placing in rooms, and, as a last resort, corporal i)unishmont is infiicted. Massachusetts. — State lieform School. — Deprivation of privi- leges, simple diet, isol'ition, and returning from tho " families" to tho congregate denartment. Floguing and such cheap punish- ments, so easily intlicted and so reauily resorted to by the passion- ate and iniHkillful or inexperienced, wo have but little faith in as a means of reformation. Fear may restrain, but love only can reform. Nautical Branch — Mild corporal piuiishment. Girls' School — Denrivation of privileges (diet and corrospondenco with friondM), ami solitude. Mirhif/an. — Deprived of play, deprivation of food for one meal, separate confinement, and cori)oral niinishment when necessary. Missoioi. — Demerit marks chiolly, in addition to which are oxcluMJon from the privileges of the play ground, confinement in a light cell, los^ of one or more meals, and corporal inllictions. Ohio. — 1st. I*rlva(ion of play and exercise ; 2tli. Corpcmtl punishment. Pennsi/fran/a. — White and colored — Deprivation of a part of a meal or of play ; confinement, if necesMary, tipon a diet of bread and water, and corporal punishment in extreme ciihcs, with loss of rank. » , \\ 454 APPENDIX. Question LXVI. What rewards, if any, are oftered as a stimulus to good conduct? Answers. Connecticut. — No general rewards are offered. Presents for good conduct are frequently given. IlHnois. — Promotions in grades ; cxtfa privileges ; visits to the city, (fee, &c. — a sufficient variety to keep up constant striving for good behavior. Maine. — Extra privileges, such as going outside to play ball, skate, &c. Man/land. — Rewards are gained through their grades, consist- ing of Avalits al)out the neighborhood, citlier with or without an officer ; liberty of visiting their friends ; choice of clothing and occasional invitations to dine with the superintendent, and many other privileges of like character. MiussnchiMcfts. — State Keforin School — The natural rewards of good conduct, which always inspires confidence and regard, and secures privileges. The better boys are always given the places of trust and positions in "family houses." Nautical Branch — Boys arc discharged for good conduct. Girls* School — We have no nifHtcin of rewards, but each matron offers such as her own judgment may suggest. Michigan. — Skating, swimming, fre<|uent visits to the city to make purchases with money received from friends, and, tlie great- est of all, the hope of early returning to their homes and friends. Mi,s,vn(i'i. — The privilege of visiting parents or friends oeetision- ally, small sums of money, or its e(|uivalent In such articles as may lie selected for food, clothing or innocent amusement, and the right of discharge after having reached the fourth grade of honor. Ohio, — Merit marks, which hasten the time of discharge, and additional time for play. J*ninsi//rani(i. — White — Promotions in the chiHses Is the gene- ral stlnuiluH to good conduct. Colored — Rewards are bestowed on all wli(» rcai^h the "class of honor," our highest class. The late Thomas ,). Cope, a president of the board, in his will made provisions for such rewards. QUKSTION LXVII. Is It customary to present a BIIjIo to each Inmate on leaving ? Anhwkhs. In almost all, either bibles or testaments are given, commonly (he former. QUKHTION LXVIII. If NO, Is tlit^ gift accompanied with counsels, written or oral, as to his future conduct? APP£NDIX. 455 Answers. Connectt'cu* — It is. He is told that if he follows the teachings of the Bil\ .^ will be safe. Illinois.- :AV boys are kept in monthly ccrrespontlenco or com- munication with the school until well settled. Mari/hmd. — The gift is accompanied with advice. Masmchmetts. — The answer in nil three, is yes. In the Girls' School it is accompanied with both oral and written counsels. Michigan. — Oral counsel is given. Mimouri. — No written counsels are given to inmates upon leaving. Ohio. — The gift is accompanied by counsels, both written and oral. Vennsyhania. — White — a private letter of wholesome advice is presented to each inmate. Colored — it is accompanied l>y I)()th written and oral advice. Rhode Island. — Oral advice is always given, written sometimes. (Question LXIX. What classes of boys are found most difficult of reformation ? what, of girls? , Answers. Connecticut, — The lowest class, found in our cities, of both scxc!;!. Illinois. — Those over fourteen years of ago — both sexes. ^f(trlfland. — If there is any particular class more difficult thiin another, I should say that chiKs of boys who have acquired that roaming, reNtlosM disposition that renders it difficult to instil into them any Hxed habits. Mamavhmi'tts. — Reform Sclio(d: Those that come from the loweit grades of Hociety and inherit their vicious propensities, and not those of respectable parentage, who form bad habits from evil associations. Girls' School: Girls from the eifv, of fifteen and sixteen years of age, who have been exposed to the intlueuces of the street. Michigan. — Those from our largest cities arc most difficult of reformation. .Mismufi, — Boys between the ages of fourteen and sixteen yonri, who have been juevionsly arrested several times, and eonfin(>d tor short periods of time in tlie city ralahoosc or in the county Jiiil ; and girls who have lost that purity of character which is woininrs shield. O/f/o.— Those admitted for ineorrigiltility. I^niisylrania, — White: The boys most difficult to reform nre those who an^ adviiiieed in yetirs, and whose vicious haltils have lieen of long eontimnuiee, and it is es|)eeially the case with some whose greatest propensity has been to rtified to the supreme judicial court. In Sutlolk county there is a branch of tlu« superior court, known as the superior court ftu* criminal IniNiness, devoted exclusivelv to criminid business, and presided over by jndges of the superior court in rotation. In all other counties there aro either criminal terms, or elsi« the civil and criniinal Itusiness is disposed of at diilerent periods in thu siuuu term. New ITampshiro : lion. H. I). Ukix. — The courts of erinnnal jurisdiction in New Ilampshiro are thu supruuto judicial court, consiciting oi a chief APPENDIX. 459 justice and five associate justices; police courts in the cities and a few larger towns, held by one justice ; and justices of the peace. These tribunals are also the only courts of civil jurisdiction, except the courts of probate. Trial terms of the supreme judicial court are held, generally twice a year in each county, by one of the justices; except in capi- tal cases, when two are required to be present. Exceptions may be taken to any rulings of tlie presiding judge at a trial term, and transferred for decision to the law terms, which are held twice a year in each of the four districts into which the state is divided. The decisions there upon the exceptions are final, but new trials are awarlerniine charges for criuios and misdemeaitois arising within the limits of their rospoetivo cities, the punishment of which as prescribed by law does not exceed a fine of $200, or six months' imprisonment in jail or workhouse, or such fine and imprisonment both. An appeal lies from all judgments (except legal APPENDIX. 461 iMK drnnkcuncss, profane swearing, and Sabbath-breaking), to the superior court. New Jersey: CoRTLANDT Parker, Esq. — The state of New Jersey has de- parted less from the common law in her judicial system, criminal law, civil practice, and, in fact, throughout her whole system of municipal law, than probably any other state, certainly than any state among those known as northern. And those among her citizens, engaged in the administration of justice and pursuits ancillary thereto, consider this fact as the cause of what they regard as her great superiority over most others in the thorough- ness, certainty, integrity and promptness with which justice is here administered. There are, in New Jersey the following courts : I shall men- tion first those of civil jurisdiction, then those which regulate the estates of deceased persons, lastly those whose duties regard the punishment of crime. And I shall begin with the humblest, and review them in order of authority. First. — Courts of civil jurisdiction are the following: I. Courts of small causes held before justices of the peace, hav- ing jurisdiction over personal actions, not including slander and assault, involving no more than one hundred dollars. II. The common pleas, in each county composed of five judges, and of which, when ho is present, a justice of the supreme court is president. This court has jurisdiction of all civil controversies not involving the title to land, and has besides an appellate juris- diction over courts of small causes. The county circuit courts, held by justices of the supremo court, having original jurisdiction for the county of all civil controver- sies, and the power to review by certiorari and writ of error, all legal errors in ji dgments rendered by cither of courts before mentioned. IV. The supremo court, composed of seven judges, having the same jurisdiction, both civil and criminal, possessed by the king's bench in England, both original and appellate; exercising their original jurisdiction by trying causes cithoratbar or in the various counties where each judge goes on circuit, ond their appellate by any for that purpose known to the common law, superintending all inferior courts and oiiicial persons. V. The court of chancery held by the chancellor, having com- plete equity jurisdiction. VI. The court of errors and appeals, composed of the chancellor, the seven judges of the supreme court, and six associate jupellate only, in all causes both at law and in equity. Second. — Courts for the regulation of estates of deceased persons, guardianship, &u., are: 462 APPENDIX. I. The surrogate in each county. II. Orphans* courts, composed of the judges of the common pleas in each county. III. The prorogation court, held by the chancellor, sitting as ordinary. Third. — Courts whose duties involve the punishment of crime, are: I. Justices of the peace, who receive complaints, and arrest and secure offenders by taking bail or commitment. II. Courts of two justices, for the ti'ial of larceny of goods under the value of $20. III. The quarter sessions, composed of the judges of the common pleas, having jurisdiction over crimes less than felony at common law. IV. Oyer and terminer, composed of one or more justices of the supreme court, and at least one judge of the common pleas, having jurisdiction of all crimes whatever. V. The supreme court, into which criminal causes may be removed and by whose judges as such they may be tried, Avhich likewise possesses jurisdiction to review judgments against crim- inals by writ of error : and lastly, VI. The court of errors and appeals, where «?? judgments and de- crees may be reviewed. John F. Heoeman, Esq. — The judicial system of this state is based upon the common law, and retaius more of that character than any other state in the union, perhaps. Wo have the common law courts, and but few that may bo regarded purely as the creatures of the statute. As their jurisdiction and powers are so pre-eminently common law, it is useless to define them here. Pennsylvania: J. J. ■ Bahclay, Esq. — The administration of criminal law in Pennsylvania is vested in the several courts of common pleas of the several counties of the state, whosojudges are justices of the court of oyer and terminer and quarter sessions. The jurisdiction of these courts is co-extensive with the respective judicial districts, which nia}' or nniy not include more than one county, according to legislative enactment. Their powers are mostample,tor these courts may try all classes uf criminals and every grade of crime. The judges of the supreme court may, in any judicial district of the state, hold a court of oyer and terminer, but in practice this power is seldom exercised. In all eases, except murder in the first and second degree, and manslaughter, the decisions of the lower courts are final. In the oxcopted cases, writs of error are allowed, but ouly on special leave granted by one of the justices of the suprom,o court, upon tuotion and cause shown ; and then the cause is removed to tho APPENDIX. 463 supreme court for final adjudication, upon questions of law and fact, in the usual method. Writs of certiorari may be sued out in all criminul cases, but of course the record alone is removed to the court of lust resort and alone is the subject of consideration. Maryland : A. Sterling, Jr., Esq. — The state is divided into circuits pre- sided over by one judge each, except in Baltimore, where there are four courts with one judge each. There is a court of appeals with five judges. The circuit courts possess general, common law and chancery jurisdiction, the chancery side of the court being separate from the common law side, though in the same judge. The jurisdiction of the courts in Baltimore is regulated chiefly by the amount of money sued for, as over or under $1,000, but there is one court entirely a chancery court, and one court entirely a criminal court. Justices of the peace have civil jurisdiction to the amount of $100, and the usual jurisdiction of the peace, arrest and holding to bail. Their civil jurisdiction is subject to appeal to the circuit court, and to the court of common pleas in Baltimore. They have the power to try and fine, in some statutory cases, for misde- meanors, as breach of municipal ordinances, and some other cases. There is in each county and the city of Baltimore, a court of three judges, who may be laymen, which exercises the probate and testamentiiry jurisdiction. The fourth article of the state con. stitution of 18G4, will explain this more fully. Kentucky : E. L. Van Winkle, Esq. — Our judicial system is that which prevailed in the mother country — the common law as administered by common law judges, and the civil law as modified and adminis- tered by courts of equity ; ihe only material difference is the union of both jurisdictions in the same officer. The jury system and forms of procedure known to the co»n- mon law are, in i;ho main, preserved in the trial of all cases of conunoii law jurisdiction. Wo have a code regulating proceed- ings in civil and criminal cases, much resembling that of the state of New York, in its main features, and preserving the right to a jury in all cases where that right existed at the common law. Onr courts consist of those of limited and general jurisdiction. First, justices of the peace are elected in each election precinct of the various counties of the state ; those justices hold quarterly terms within their respective districts, and have jurisdiction of civil controversies when the amount in contest does not exceed fifty dollars, and when the title to real estate is not involved. They also have jurisdiction in penal cases where the punishment io a fine not exceeding sixteen dollars. County judges are olcottsd by the county, and besides having charge of the fiscal affairs of the county, they huvo the supervision 464 APPENDIX. of roads and the appointment of guardians and administrators, to- gether with the management of estates. They hold quarterly terms, in which all matters of a civil nature, where the amount iu contro- versy docs not exceed one hundred dollars, may be adjudicated. These courts also have appellate jurisdiction over the judgments of the justices of the peace They also have jurisdiction of all penal oiienccs where the punishment is a fine not exceeding one hundred dollars. In all cases of common law jurisdiction which arise in these courts of limited jurisdiction, either party is entitled to a jury, when the matter in controversy exceeds sixteen dollars in value. The county judge or justices may, at any time, sit as a prelimi- nary court to bind persons accused of crime for their appearance before the circuit court for final trial, and in default of bail may commit. The circuit courts are held by circuit judges, elected bj'^ their respective districts, of which we have fifteen iu the state. These courts have general jurisdiction of all subjects of judicial cogni- zance, both civil and criminal, as well as appellate jurisdiction of the judgments of the quarterly courts held liy the county judges. Over all, we have an appellate court consisting of four judges, elected by the people of the state, whose revisory power extends to all judgments of the circuit courts, civil and criminal. This revisory power is confined, in the main, to errors of law, and in criminal cases, is somewhat restricted. Indiana: Hon. Conrad Baker. — The judicial system of Indiana comprises the following courts, viz: First, a supreme court, consisting of four judges elected by the people for six years, and having appellate jurisdiction in civil and criminal cases throughout the state. The constitution provides that the judicial power of the state shall be vested in a supreme court, in circuit courts, and in such inferior cf)iu't8 as the general assembly may establish. The legislature has divided the ninety-one counties of the state into fifteen circuits. Each circuit has one judge, who is elected by the people for six years, and a circuit court is held in each county twice iu every year. The legislature has also established courts of common pleas, and for this purpose has divided the state into twenty-one districts. A judge is elected by the people for each district for the term of four years, and he holds three terms each year in each county of his district. The circuit court has jurisdiction of felonies, but not of niisdc- meanors. Prosecutions in the circuit court are by indictment. The circuit court has also jurisdiction of all civil actions. The courts of common pleas have jurisdiction of mi&dcmcanors, which APPENDIX. 465 are prosecuted by information, filed by the prosecuting attorney, and based on an affidavit charging the offence. This court has concunc^nt jurisdiction with the circuit court of felonies, not punishable with death, where the accused is in custody on charge of felony, and no indictment has been found in the cir- cuit court, or where the person charged is on bail, no indictment having been found, and voluntarily, in writing, submits to the jurisdiction of the court. The court of common pleas has also probate jurisdiction, and has concurrent jurisdiction with the circuit court in nearly all civil actions. Michigan: HovEY K. Clarke, Esq. — The judicial system in the state of Michigan is substantially that of the common law of Great Britain. The courts in which jurisdiction of criminal cases is vested are: 1. A circuit court in each county, having general civil and criminal jurisdiction, held by a single " circuit judge." 2. The recorder's court for the city of Detroit, and three courts held by justices of the peace. The jurisdiction of the circuit courts embraces all cases within the county, except those within the city of Detroit, and those cognizable by justices of the peace. The jurisdiction of the recorder's court for the city of Detroit embraces all cases arising within the city, with a like exception; and the jurisdiction of jus- tices of the peace extends to the following cases: 1. Larceny not charged as a second offence, and when the value of the property does not exceed twenty-five dollars. 2, Assault and battery not committed riotously, nor upon a public officer, nor with intent to commit any other offence. 3. Charges of willi'ully destroying or injuring mile boards or guide posts. 4. Charges of maliciously injuring the cattle of another, or destroying the personal property of another, Avhen the injury does not exceed twenty-five dollars. 5. Charges of maliciously injuring or removing monuments of boundaries, or defacing buildings, or extinguishing lamps, injuring lamp posts or railings, or any bridge, street or passage. 6. Charges for malicious trespassing on land, or any wharf or land- ing place, and carrying away goods to the value of five dollars. 7. Charges of malicious trespasses in gardens, orchards, &c.; and 8. All other otlences punishable by fine not exceeding one hun- dred dollars, or by imprisuiunont in the county jail not exceeding three months, or both. Question II. Are the judges appointed or elected ? If elected, how long has this system prevailed? What is found to be its operation — fav- oral»le or unfavorable to the integrity and independence of the judiciary? [Assein. No. 35.] 80 466 APPENDIX. Answers. Musstichusctls: Gnoutir, VV. Skaulk, Ivsq. — The judfrosof the supromo court niul superior court iiro iippointcd to hold ollico duriiijj; j^ood hcdiavior on the uouiiualioii of tlio executive, wiucli nomiuiitiou is coiitiiiued l>y the cxcutive council. Trial Justices luid police justices are also appointed hy the ji'overnor tliuiny; jj^ood heliavior. This unlimited term of Judicial otKce has, on the one hand, worke(l <'vil results in keeping upon the hench men who have outlived their usefulness to the puldic and their accept ihility to the har; and this lift' tenme has occasjoually made them arhritrary in their c(uiduct and rude in tlieir manners. On the other hand, it has furnished men of ninlity and inteijrity, iiud uIiir impulscw. There is, however, I believe, litth' or no disiiosition to attempt the experinu'ut of an elective Judii'iaiT. A limited tenuie, of frouj tive to ten years, was favored hy sonui in the constitutional convention of lHr).'J, hut tlu^ vast majority were in fav(n' of tin* life Icmu'c. This life system is fJKUi^lit hy the hulk of our peo|)le to t'avor judicial inlejjrity and independence. There is undoiililcdly some ioundation for tiiese opinions, hut less than is claimed for th(>m. Judiciiil otlicesan^ Kon^ifht in the tirst instance hy intercstetl parlies, and they are sometinuvs confiM'red as ri>\vavds ft)r \)ai'ty si-rviccs, or are inllucnced hy personal fi'ieudshlps, as well as for hi;;h professionid chai'aeter and standin The (dd "common pleas'' court was aholished in IH.'i?, for the sake of riddin*; the har and tlu^ people of unpopular and inconipi>- tent iud<;cs. Had it been thonu'ht that there was const! utional power to do so, there is som(> ;j;ronnd for supposini); that the supreme Judii'ial court would have shared the sanu> fate, not, how- ever, so much fr()m its inc(nnpctency as fnnn desire of (dianjre in its jnd;;cs and a dissatisfaction with the intoleral>lc delays of the court. Diiatoriucss is ti defect in all the criminal courts. My opinion is that th(< limited tenures of the judicial ollicc will yet he estal)UN!M'd in tuis state, New Ilampshire: lion. S. I). ni;i,i,. — The jndj;es of the supreme judicial court and of I lie polici' coui'ls, arcnippointed hy the ^rovcrnor and coun- cil, and hold tlieir otlices iioinhidlh/ duriiij; \nnn\ lteliavi(U', In t.M.'tO, a (iiustilutional conventi(Ui adopttMl an amendment of the con.stitulitin. nuikiu;>- Jiid^^-s cli^'ilde hy popular vol(^ lor limited terms, hut it was rej«'cl»' of ihe I wo hranehes of the liCiiinlalure, each for a term of eight years. This unxlv of APPENDIX. < 46T nppointmoiit has provallcd since tho adoption of iho iirosont con- stitution (1S1«); hut until tho year IHf)!), whon tiic mI)()V»^ limita- tion was cMtahlishod, the tenure of otKee was durinii^ ^ood hehii- vior, or until the incunihent reaeluMl the aj^e of s(n'(>nly years. Tho Judiciary of Coiuieeticnt has rarely been suspected of a want of " inteusly appointed. Justices of the peac»> arc* elect «mI, each for tiv»! years, not moni than live in each township. Judn years -all by the jj^overnor, with the advice and c'onstMit of the senate. The (de*'tive system, stronj^ly advocatiid in the const it ulional convention of 1811, was rejectc'd, except as ri';jjar(Is justices of the p(>aee. While their restrictiul jurisdiction prevents its doin^ \\\\m\ harm, th(> operation of tln^ system has b(>en, I think, siillici- ently nnfavoraItU* to satisfy the public mind that it would be unwise to ado[>t this modt^ of appointment tor any other jii(l;;:es. Sm'ro;;at( live years. All lestainenlary causes and other lili;.,^ation in this departUKMit conn* before the or|dian's court, and ^o thence by appeal to the ordinary. .loiiN K. IIk(1k:m.\n, Ksi^ —Tln^ Jinlrati(>n has not been found as HHliHluclory aw ^vas expected. 'J'he tliNt years of the experiment Heemeil to indicate that the ehang(« in the mode of selecting judges would l>e fouuovo of less value than 20 dollars, o.J. n. e. 1 y. and $100 and to pay owner treble value, deducting what is returned. Stealing any deed, will, policy of insurance, bill of sale of a vcRsel, letter of attorney, any ^rit, process or record of nny court, any public or eorpornto record, h. 1. ii. o. S y., n. 1. y. APPENDIX. m Receiving or concealing stolen property, knowing, &c., h. 1. n. 1. 2 y., n. e. 5 y. Malicious injury to any tree placed or growing for ornament or use in any garden, yard, street, square, &c.. or maliciously doing any act whereby the real or personal estate of another shall be injured, c. j. n. 1. 30 d., n. e. 1 y. or n. e. $100 or both. Fraudulent mortgage, pledge, sale, or conveyance of real or peisonal estate of $100 value, fraudulent concealment of personal estate of that value to prevent attachment on seizure, on execution, c. j. n. 1. 30 d., n. e. 1 y., fine n. e. double value of property or both. Fraudulent receiving such mortgage, &c., or debtor's property, <&c., same as above. Same acts, value less than $100, c. j. u. 1. 10 d., n. o. G mo., fine not exceeding double value, or both. Cheating or defrauding by falsly personating or l)y false pre- tences, &c., n. c. $500 or c. j. n. e. 1 y., or h. 1. n. e. 7 y. • Frau(hdont disposition or conversion, or secretion of money, goods, &c. delivered or entrusted for keeping, carriage, inn, manu< lacturo or work thereon, as for larceny of like value. ytealing, &c., as before, of less value than $10, c. j. n. e. 90 d., or n. e. $10 and treble value, to be imposed by justice, if no appeal. Malicious trespass, entering into gardens, orchards, <&c., or woodlands, with intent to cut, take, carry away, Jkc, any trees, iVuit or vegetables, c. j. n. e. 90 d. or n. o. $10 or both, and treble value to owner. If value exceed $20, h. I. n. 1. 1 y., n. c. 5 y. Malicious prostrating fences and exposing fields to cattle, &c., n. 0. $10 and c. j. n. e. 1 y. Catching fish in artificial fish ponds, $5. IftkUi) marking or countcrfoitmg or fraudulently altering any public record, writ, process, or proceeding of any court, certificate of any public ofHcer, charter, will, deed, boiMl, fetter of attorney, policy, certificate of state, bill, note, order for moneys, &c., or any writing, purporting to contain evidenco of the existence or dis- charge of any debt, «&c., with intent that any pers(Mi should bo defrauded, s. i. n. e. (> mo. and h. 1. n. I. 3y. n. o. 7 y. Knowingly passing such writing, same. Falsly making or counterfeiting any other writing, or kuo«vingly using with intent. Ace., h. 1. n. e. 3 y. Counterfeiting bank bills or notes with intent, &c., s. i. n. o. mo., h. I. n. I. 2 y. n. o. !> y. Utlerinu to pass such, knowing, &u., with intent, &c., s. i. n. o. 4 mo. aiidh. I. n. t. 2 y., n. e. 5. y. Milking, &i\, pliitcH, Ac, for counterfeiting, or having such in pos- sion, knowing, &e., with intent they should be used, Ace., s. i. u. u. 4 mo. and h. I. n. I. 2 y., n. e. 5 y. Making false coin, n, i, n. o. mo. iind h. 1. n. I. S y., n. c. 5 y . 472 APPENDIX. Mukingr, «fec., dies, &c., or having in possession with iutout, Ac, 8. i. n. c. 4 mo. and h. 1. n. 1. 2 y., n. e. 5 y. Perjury, s. i. n. e. 4 uio. and h. I. n. 1. 2 y., n. e. 5 y. Willful false swearing in regard to anything wherein he is required by law to make an oath or affirmation, is perjur}'. Subornation of perjury, same punishment. Willfully assaulting or obstructing any officer in service of law- ful process in any civil case, or in any criminal case punishable by imprisonment or fine, or both, c. j. n. e. 1 y and n. 1. $300. Rescue in such case, same. Willfully assaulting, &c., in criminal case punishable by hard labor, or rescue in such case, h. 1. half term of party accused, or c. j. n. e. 2 y. or n. e $500, (U* both last. Willfully assaulting, &c., in a criminal case punishable with death or h. 1. for life, or rescue in such case, h. 1. u. e. 10 y. or c. j. n. 1. 2 y., and n. e. $500 ; in any other case, c. j. u. e. (> mo. or n. e. $500. Convey i eg tools into any prison, or aiding escape therefrom without escape, c. j. n. e. 1 y. and n. e. $600; if prisoner convicted of oAense [)unishable with death or hard labor, s. i. n. e. mo. and h. 1. n. e. 10 y., or n. c. $500. Aiding escape of person committed for debt, pay debt and <}. j. n. e. 1 y. Aiding escape of prisoner committed for capital otiunso, h. 1. for life or any term of years. Aiding escape of prisoner for oilunse not capital, same punish- ment as prisoner, or c. j. n. 1. 1 y. and n. o. $2,000. Party having custody permiting escape, sanie as for aiding. Party having custody negligently suttcring an escape, n. e. $500. False prctendmg to bean officer, sheriff, r. Rioters remaining after proclamation, or obstructing or aNNault- ing oilicer known or declared to be such in making proclainiition, n. e. $1,000 or c. j. n. e. 1 y. Breidiing or entering a dwelling in the night time, or breaking and entering in the day, and therein eonunitting aHwult an«l l)at- tory on any inmate of such house, n. o. $1,000, (!. j. n. e. 1 y. or h. 1. n. 0. 7 y. ANsaulting any oily, town or ward officer in the r'H property, n. 1. $10 n. e. $1,(K)0, or c. j. n, I. 1. mo., n. e. i\. y. Kindling fires carelessly on his own land, and thereby destroying other's property, n. 1. $10, n. e. $1,000. Kindling fires on his own or other's land with intent to injure another whereby the property nu). n. o. ;) y.' Accessories befoi'e or after the fact and ])ersons who iiid in counsel, hire or procure the ofi'ence, same punishment as principal ofi'ender. 474 APPENDIX. Attempts to commit offences punishable by hard labor for life, 8. i. n. 1. 6. m. h. 1. n. e. 10 y. n. 1. 1. y. Attempts to commit any other offence, n. e. half punishment for com. of offence. Attempts to commit by counsel, hiring, or procurement of others, same punishment us making attempt. Acocssorics to offences committed out of the state before or after the fact, same as if offence committed here. Besides, there are a large number of lesser offences punishable with small lines, which I have thought unprofitable to attempt to enumerate. If exact information is sought no abstract should be relied upon, but reference should be made to the statute book. For general views, the loose abstract above may be sufficient. Connecticut: Walteu Pitkin, Esq. — The following is believed to be a com- 2)lete catalogue of the crimes and misdemeanors for which a penalty is provided by the statute law of this state: {A.) Of ences punishable by death. Treason, murder in the first degree, arson or burning of any building eaushig death. (jO.) Offences punishable by imprisonment only. Murder in the second degree, arson endangering life, perjury with intent to take life, cutting out the tongue or putting out the eye of another by laying in wait, rape, sodomy (if one party is forced or under 15, ho is not punishcil), bestiality — state prisoi for life. Assault (including poisoning) with intent to kill — state prison for life or not less than 10 years. Muinuiig with intent to disfigure, robbery with personal abuse, burglary with personal abuse, carnal knowledge of female child under ten years, destroying pul)lic stores, burning ]»ublic build- ings, arson, burning building endangering a dwelling house, burn- ing a buil ling or vessel with intent to defraud insurers, removing or altering public records, cotmtcrfeiting public seal — state prison not less tnan seven or more than ten years. Assault with intent to commit rape — state prison not less than three or more than ten years. Placing obstructions on railroads — state prison not more than ten years. Ki\ib(>/:/.1ement of funds of banks, railroads, Ac, and making fals<> (Mitries in books of same, disintennent of deceased persons, burning buildings containing horses or neat cattle — state prison not less than two or more than ton years. liobbery — state prison not less than four or more than ten years. APPENDIX. 475 Aiding an escape from state prison, breaking or assisting in breaking jail, perjury and Hubornation of perjury, aasault with Intent to rob, carrying or enticing away a child under twelve years of age, attempting to destroy public stores, attf "^oting to destroy public buildings, forgery (and double damage ,o party injured), counterfeiting coin, possessing counterfeit coin with intent to pass, possessing counterfeit bills with intent to pass, pos- sessing bank 1)ills with intent to fill up and to pass, selling coun- terfeit bills with intent to have them passed, forging public securi- ties, making plates for counterfeit bills, possessing plate for forg. ing bank bills, adultery, incest, bigamy, burning vessel or build- ing other than a dwelling house, horse stealing, stealing from the person — state prison not less than two years or more than 6 years. Burglary, theft of a sum exceeding |50, acting as principal or second in a prize fight — state prison not more than five years. • Breaking and entering a store with intent to rob, breaking and entering a dwelling in day season — state prison not more than four years. Uttering and passing as money any false token in the similitude of bill or checks of banks, &c. — state prison not less than one year or more than three years. Attempting to break and enter a building with intent to steal or commit other crime, abetting prize fight — state prison not more than two years. Obstructing the apprehension of a person complained of — state prison one year. Embezzlement by bailee of goods to bo manufactured — common jail not more than six months. Keeping or frequenting a house reputed to bo of ill fame — work- house not more than thirty days. (C.) Ofences puniHhahle hy fine onh/. Challenging another to fight a duel, carrying or delivering such challenge — fine $3,000. (If tho challenger is un:il>le to pay the fine, ho is punishable by imprisonment in jail for a year, and in eitliur ease is disqualified to hold any ofiico of trust or honor.) Unlawful dissections — not more than $2,000 or less than $500. Emitting bills of credit, or making or issuing any writing or note payal>lu in goods, or other valuable thing to be u^od for pur- poses of general currency — fine not exceeding $000 or less than $100. Encouraging attempts to produce miscarriage — fine not more than $r>00. Importing foreign convicts (each offence) — fine of $384. Unlicensed exhibition of tuml)lers, mountebanks, rope walking, &c., unlicensed exhibition of feats of horses, allowing land or build- ings to be used for the above purposes, keeping unlicensed billiard tables — not uioro than $200. 476 APPENDIX. Passing bills of credit, &c., issued with intent to be used as general currency, having nn ijiterest in any fund used for gaminw, betting on an election or holding stakes, losing or winning money, &c., by playing or betting on games of hazard, and sUiicring them to bo played in one's house or building — not more than $100 or less than $20. Conversation by or with juror concerning cause on trial — n(>t more than $100. Secretly assaulting and maiming another — not more than $67. Giving unlicensed theatrical exhibitions with a view to gain — fine of $50. Betting on a horse race, or making up a purse for the same — not more than $50 or less than $10. (If the offender is owner of the horse, it in forfeited.) Keeping an unlicensed nine-pin alley — not more than $50 or less than $7. Injuring trees on o public square — not more than $50. liemoval of stone on a conunon shore — not more than $35. Disturbance of religious meetings — not more than ^34. Advertising a horse race, or driving or holding stakes at the same — not more than $30 or less than $8. Barratry — tine of $17. ; Public keeping of implements for gaming, allowing building to be used for unlicensed exhibitions of mountebanks, &c., pin- chasing and distributing obscene books, &c., selling spirituous liquors within two miles of a camp meeting — lino of $7. Injuring bridges, catching shell-fish growing on bridges, tearing down trees on a public square, theft of n amount not exceeding $15, taking fish from private ponds, being present at a fight between animals — not more than $7. Using fire crackers, except on 4th Julj* — fine $5. Gaming for money, head of family allowing games at cards or billiards in his house — fine of $4. Profimo swearing — fine of $1. (/).) Ojfencefi puniaJuthle hy fne and imprisonment. Manslaughter — state prison or jail not more than 10 years, ami fine not exceeding $1,000. Mispriscjli of treason — state prison not more than 7 or loss than 3 years, and fine not exceeding $1,000. Falsely representing u free person to be a slave, seizing a free person with intent to enslave, falsely testifying that any person is a slave — state prison 5 years and a fine of $5,000. Bribery — state prison not more than 6 or loss than 2 years, and fine iM)t exceeding $1,000. Kidna])ping free person — same imprisonment as above, and fine not exceeding $5. Exposing child under C years of ago with Intent to abandon—- same imprisonment us above, and fine not exceeding $400. APPENDIS. 477 Setluction (Ist offence) — state prison not more thou ears, fin not exceeding $2,000. Seduction (2d offence) — state prison not more than one year, and fine not exceeding $1,000. Emitting bills of credit, &c., to be used as general currency — state prison n. e. 1 y., n. 1. 3 mos., and fine n. o. $600 n. 1. $100. Concealing death of bastard child, blasphemy — state prison not more than 1 year, and tine n. e. $100. Theft of an amount between $15 and $50 — common jail n. o. 6 mos., and n. 1. $100. Tearing down turnpike gate or toll-house in night season — com- mon jail n. e. 6 n. 1. 2 mos., and fine not less than $20. Unlawful killing of game — common jail n. e. 10 d., fine n. e. $5. (£'.) Offences puniHltahle by fine or impriaonment. Sale of foreign lottery tickets — common jail not more than 1 year or less than 2 mos., cr fine n. o. $300 or n. 1. $50. Publication of obscene books, &c. — common jail not more than 1 year or less than 2 mos., or fine n. e. $300 or less than $50. Malicious prosecution — same imprisonment as al)ove or tine n. e. $1,000 or n. 1. $20. Sale of property l)y lotteries or hazard of any kind — same punishment as above. Leasing buildings to be used for purposes of prostitution — jail not more than i\ mos., or tine not exceeding $500. Conten)pt of court (except justices') — jail not more than G mos. or tine not exceeding $100. Selling diseased flesh or fowl — jail not more than 6 months, or fine not exceeding $100. Secret delivery of bastard child — jail not more than 3 months, or fine not exceeding $150. Cruelty to animals — ^jail not more than 30 days, or fine n. e. $25. Fornication — jail not more than 30 days, or fine $7. (/) Off etices punishable by fine or imprisonment or both. Aiding or corresponding with rebels or public enemies — state [)rison not more than 7 or less than three years, or tine n. o. $1000 or both. Attempt to produce miscarriage, accessories to above crime — state juiHon not more than 5 yeavH, or tiiic n. e. $1,000 for princi- pal, or $500 for accessory, or l)oth. Obtaining goods &c., by false pretences — state prison not more than 5 years, or tine n. e. $500, or both. Embe/.zlement, fraud or muking false entries by oflicors or agents of corporations — state prison n. e. 5 years, or fine n. e. $100, or both. Attempt by a woman to produce miscarriage on hei'sclf — state prison not more than 2 yqars, or fine n. o. $500, or both. 478 APPENDIX. Obstructing navigation of c:i als, or injuring gate locks &c. — jail not more than 1 year or less than 2 months, or fine u. e. $500 or less than $30, or. both. Using indecent or abusive language — jail not more than 1 year, or fine n. e. $500, or both. Injuring telegraph poles — same imprisonment {is above, or fine n. e. $200, or both. Injuring engines or displacing switch on railroads — same impris- onment as ubove, or fine n. e. $150, or both. Poisoning fish ponds — same imprisonment as above, or fine u. e, $100, or both. Embezzlement and false entries by clerks — jail not more than 1 year, or fine n. e. $100, or both. Malicious injury to trees, vegetables or fences — jail not more than 1 year, or fine n. e. $100, or both. Fraudulent procuring naval or military bounty due another — jail n. e. 6 months, or fine n. e. $300, or both. Wilfully burning woods, grain, &c., or injuring bridges, mill dams, machinery, animals, or cloth in process of manufacture — jail not more than 6 or less than 2 months, or fine n. c. |200 or less than $20, or both. , Keeping or frequenting dance-house, reputed to be a plac(^ of assignation — jail not more than six months or less tiian 30 days, or fine n. e. $100, or both. Injuring derrick, injuring gas works, painting or printing on the property of another, breaking windows in a dwelling house, injuring signs, vehicles, aqueducts or boundary-marks loosing a horse fastened in a public place, forging or counterfeiting stamps or labels, selling goods having counterfeit stamp — -jail not more than 6 months, or fine n. e. $100, or both. Breach of the peace by threatening &c., using threats &c., to cause workmen to leave their employers, keeping house of ill-fame, acting as bar tender or servant in house of ill-fame — jail not more than months, or fine n. e. $100 or both. Riotously asseml)ling and not dispersing after proclamation, obstructing proclamation to rioters — jail G months, or tine n. e. $67, or both. Injuring buildings or clothing by putting thereon any noxious substance — jail not more than 4 months, or fine n. c. $100, or both. •'Gift sales," drawing of lotteries, sale of lottery tickets — jail n. e. 3 niontiis, or fine n. e. $17, or both. Keeping disorderly house — jail n. e. 3 months, or fine n. c. SlOO, or both. Exposing person — ^jail n()t more than 3 months, or fine n. e. $50, or both. Using horse or boat without permission of owner — same punish- ment as above. Injuring ponds used for breeding fish — jail not more than 3 months, or fine n. c. $25, or both. APPENDIX. 479 Injuring public buiWings or furniture, cutting timber trees on the land of another, — ^jail not more than 3 months, or fine n. e., $17, or both. Resisting a public officer — jail not more than 2 months, or fine n. e., $34, or both. Public exhibition of rebel flags or devices — jail n. e. 30 days, or fine, n. e., $100, or both. Using gas without metre, altering metre, fraud of agent of gas company, — jail not more than 30 days, or fine n. e. $50, or both. Improper burials — jail n. e. 30 days, or fine n. e. $50, or both. Interrupting or disturbing schools, — jail n. e. 30 days, or fine n. e. $7, or n. 1. $100, or both. Loosing cattle for the purpose of having them impounded, cut- ting trees on lands of Indians, taking or destroying fish in private ponds, false statements by driver of livery team, breaking win- dows in a public building in thf' night season, stealing fruit &c., in the night, or destroying fruit or shrubbery, trespass on culti- vated lands, stealing growing cranberries, thn^wing dead animals into ponds used for domestic purposes, driving on a bridge at a gate faster than a walk, furnishing prisoners with liquor, contempt of court (justices'), lascivious carriage, keeping a place for fighting cocks or animals, — jail not more than 30 days, or fine n. e. $7, or both. Stealing poultry — ^jail n. e. G months, or fine n. e. $50, or both New Jersey: CoiiTLANDT Parker, Esq. — The punishments of crime arc as follows: Treason: death. Misprision of treason: state prison, 7 years and $1,000 fine. Murder 1st dcii o (no discretion): death. Murder 2d degree: state prison 20 years. Manslaughtoi': s^tate prison 10 years and $1,000 fine. e Sodomy: sl.ifo prison 21 years and $1,000 fine. Rape: stair |)iison 15 years and $1,000 fine. Abduction (forcible): state prison 12 years and $1,000 fine Abduction, with consent of infant under 15: state prison 2 years and .^400 fine. Abdu(!tion with consent and deflowering: state prison 5 years and $1,000 fine. Polygamy: state prison 10 years and $1,000 fine. Concealment of bastardy: state prison 1 year and $200 fine. Incest: state prison 1^ years and $500 fine. Adultery: state prison 1^ years and $100 fine. Fornication: state prison, fine $14. Open lewdness: state prison 1 year and $100 fine. l*retonce of supernatural powers: county gaol 3 months and $50 fine. Imi)osture8 in religion: county gaol 6 months and $100 fine. Blasphemy: state prison 1 year and $200 fine. l;\ i Stilt 480 APPENDIX. Perjury ov suboniation; ilistVaiicIiisement mid state prison 7 years and $800 line. Bribery and accepting brilies: state prison 5 years and $800 tine. Taking unlawful fees; state prison 2 years and $400 lino. Embracing and taking bribe as juryman: state prison 2 years and $600 tine. Arson: state prison 15 years and $2,000 fine. Burning buildings not parcel of dwelling: state prison 10 years and $1,000 tine. Attempt at burning: state prison 5 years and $500 tine. :i Burglary: state prison 10 years and $500 fine. Breaking and entering by day: state prison 10 years and $500 fine. Larceny of or over $20: state prison 10 years and $500 line; under $20, county jail 3 months and $100 fine; i)etty, repoateil, state prison 7 years and $500 tine. K()l)b(>ry: slate prison 15 years and $1,000 fine. Attempt at robbery: state prison 10 years and $500 fine. Assault with intent to commit nmrder, rape, burglary, robljcry and sodomy: state jirison 10 years and $1,000 fine. Wounding or maiming: state prison 10 years and $1,000 line.. Entering without lu'eaking with intent to commit above crimes: stali' piison 5 years and $.'100 fine. Poisoning not [)roilucing death: state prison 15 years ami $1,000 fine. Embc/zlcment: state prison 2yeur8antl $100 line. Stealing or falsifying records: state prison 7 years and $7,000 tine, Eorgeiy: state prison 10 years and $.'},000 fine. rttciing: Nlate prison 10 years ami $;{,000 line. EaNi> personation in legal n»atters: state prison 7 years and 18,000 tine. Kmb('z/I(>ment by public ollicers; state prison 5 years and $5,0(»(l llui'. Obtaining goods, i^c, by false pretenooti: state prison <'l years ann l'> years and $1,000 tine; if not: state [)rison 7 years and $500 tine. Selling ardent spirits without license: $20 line. Selling intoxicating li(]Uor Sunday: $20 tine. Selling lottery tickets or policies: state prison 1 year and $100 fme. (taming: state prison 2 years and $500 tine. Horse racing and betting on: coui.ty jail (> months and $100 tine. In making (Itis table, the limits of the discretion of the com I any giv(anot>* are lines and imprisonments ; Nonii^limefi (>ith(M', sonn'timeN both ; hnprisonnient to hard lalior In stale prison or iniprisonnient in [AN«um. Ho. 35. J a I 482 APPENDIX. Jail. Ill cases of trensoii and murtlor in the first tlogrec, capital puuishiucnt hy hanging. V - A l*ennsylva!iin : J. J. Bakclav, Esq. — Sco the penal code: "Act to con8olicla(o> revise and amend the penal laws of this conunonwealtli, March 31) l^GO." Tamp. Laws, 382. Maryland : A. Steklino, Jr., Esq. — The coinnioii hnv is in force here, except as speeially niodilied by statute law. The statutes have lixed [)unishinents for many common law ort'eiices, antl made some statutory ollences, but not many except those growing out of slavery, which have nearly all been abolished. Tliey are maiidy punishing vagran'.y, preventing the sale of li«pior, and on Sunday against gambling. The state has mad*,^ little change in the com- mon law crimes, except as to the punishment. Kentucky : E. L. Van Winklk, Escj. — The punishment for murder is death. Manslaughter: 2 to 10 years in penitentiary. Burglary: confincMiient in the penitent iaiy. Arson: conllnement in the penitentiary. ' liape: conllnement in the penitentiary, 10 years to 20 yi-ars, (Jrimd laiceny: continement in tln> penitentiary 2 to 4 years. Forgery: confinement in the penitentiary. Uapo upon the body of an inlant under the ago of 12 years: tlrath. Malicious shooting or stabbing wIkmv death ensues within six months: penitentiary for not less than 1 nor more than years. ('arnal knowledge of !i white girl under 10 years of age, or of an idiot: penitentiary from 10 to 20 years, A!»duetion of a white girl, under 11 yt»ars of age, fr(>m the pos- session of parents or p(-rson having charge: penitent iai'y from 1 to 2 years, or fined from *100 to !t lligamy — penitentiary 2 t* D yt-ars. Jiobbery imd biM'glars ■-•'Ho l(> years. AsNuidl with int«'Ut to rob — 1 l(» 2 years. • l<\>loniously taking property from dwellln;', ehureh. scliool liotisc, booth, tent or nairket, or public building- •{ to 2 years. Miuuiiiig— 1 to ft ycjUH. APPENDIX. 483 Malicious shooting or stabbing and wounding, or poisoning without death — 1 to 5 years. Threatening letters witli the intent to axtort — 1 to 10 years. Felonious breaking into store-housos, &o. — 1 to 7 years. Willful burning out-lu)Uses, stacks of grain, or attempting same — 1 to G years ; for attempt — 3 months to (5 years. Perjury — 2 to years. Subornation — 2 to G years, besides being over after disfjualifiod from giving evidence. lU'il>ing u juror — 1 to 6 years. Counterfeiting coin or bank iu)tcs — 5 to 15 3'ears. CountertiL'itiug checks, certllicates aiul other Instruments — 2 to 6 years. Deeds, wills, boiuls, patents, &c. — 2 to 10 years. Forging seal of state. United States, or of any court or olHcor, an«l uttering, publishing or usitig same — 5 to IT) years. Forgery of any other paper to obtain possession of property of another — 2 to 10 years. llavmg in possession, with intent to pass, counterfeit bank notes — 2 to 10 years. IMato in possession with intent — same. Selling or stealing free person — 5 to 10 yours, Horse stealing — 4 to 8 yeaiN. Ilog stealing — 2 to 4 years. Jieeeiving stolen goods — 1 U\ G years. Find)e/,zUunent — 1 to 10 years. ♦ Obtaining nu)ney or proi)erly under false pretences — I to 5 years. False personation to marry another, to become bail to confess jiulgnuMit, to do any other act in the course of any suit — I to !i year.s. Destruction of public wn allVay without malice, where death doein not ensue: tine igiAO to ijj!/)!)!) and eonlinement in county Jail G to 12 months. Shooting at with intent to kill or wound, without inf1i(^ling w(Mnid: lint* not exceeding ^jjijOO and imprisonment in to 12 months, or either. Disturbance of religious wiuship: )i(lO to i^/iO, or lO to 20 !ri()l), and loift^ilure of odii e, ilisi|ualili(>d for ollice and loss of sulIVage for 7 years. Lottery ticlict Ht«lling: ifilOO to ^10,000, .Vc. Mi 1 - I .B 484 APPENDIX. Indiana : Hon. Conrad Baker. — Treason and murder in the first degree are punishable with death or imprisonment for life. Murder in second degree punishable by imprisonment for life. Manslaughter: imprisonment for not less than 2 nor more than 21 years. Assault or assault and battery with intent to commit a felony: not less than 2 or more than 14 years imprisonment, and a fine not exceeding $1,000. Administering poison with intent to kill, Avhen death does not ensue: imprisonment for not less than three years. Mingling poison with food, drink or medicine, with intent to injure any human being: imprisonment not less than 2 nor more than 14 years. Malicious mayhem: not less than 2 nor racro than 14 years and fine not exceeding $1,000. Kidnapping: fine not less than $100 nor more than $5,000, and imprisonment not less tl\an 2 nor more than 14 years. Rape — imprisonment for not less than 2 nor more than 21 years. Seduction of a female of good moral character, under the ago of 21 years, under promise of marriage — imprisonment in peni- tentiary not loss than 1 nor more than 3 years, and fine not exceoc'- ing $r)00, or imprisonment in county jail not exceeding (5 months. Al)ducting of a female for ptu'posos of prostitution — imprison- ment in penitentiary not less than 2 nor more than 5 years, or impilsonment in county jail not exceeding 1 year and tine not exceeding $500. Burglary — imprisonment in penitentiary for not less than 2 nor more than 14 years, and fine not exceeding ."?1,000. K(>bl)ery — imprisonment in penitentiary for not less than 2 nor more than 14 years, and fine not exceeding .'?1,00(). Grand larceny — imprisonment in stale prison for not less tliun 2 nor more than 14 years, and disfranehiseuient for any detorntined period. Petit larceny — fine not exceeding ^r)00 and ImprisonnnMit in state priHou not lens than 1 or more than three years, witii dis- franehJNemt^nt for any determinate period, or fine and disfraneliis(>- mcnt as aforesaid, and imprisonment in county jail not exceeding 1 year. Iteeeiviiig stohMi goods — same as larceny. Altering niarkM and lirands of cattle with intent to steal — same 08 ffi'and larceny. Falsi'ly perH(maling another and ree*»lvlng prop(*rty — nam<> ns petit or grand lare(Uiy according to atU(Mnit. Obtaining good.t by t'alse pretences — imprisonment in ))enit(r APPENDIX. 485 more than 10 years, and fine not less than double the value of the property destroyed and, should the life of any person be lost thereby, the offender shall be deemed guilty of murder and shall suffer death or imprisonment for life accordingly. Willfully and maliciously obstructing a railroad track — imprison- ment for not less than 1 or more than 7 years, and if death ensue the offence is murder in the second degree and is punished accord- ingly. Forgery and counterfeiting — imprisonment in state prison for not less than 2 nor more than 14 years, and fine not exceeding $1,000. Knowingly having possession of apparatus made use of in forg- ing and counterfeiting — imprisonment in state prison for not less than 2 nor more than 5 years, and fine n. e. $1,000. Professional gambling — imprisonment for not less than 5 years and disfranchisement for any determined period, or imprisonment in county jail not loss than three nor more than 6 months, and dis< franchisement as aforesaid. Briber}' — fine not exceeding twice the amount offered or received,, and itnprisonment in state prison for not less than 2 nor more than 10 years. Perjury and subornation of perjury — imprisonment in peniten- tiary tor not less than two uor more than 21 years, and fine n( t exceeding $1,000. Simple mayhem — fine not loss than $5 and not exceeding $2,000, to which may be added imprisonment in county jail not less than 20 days, nor more than six months, Riot — fine not exceeding $500, to which may bo added impri- sonment in county jail not exceeding three months. Rout — fine not more than $1,000, or imprisonment in county jail not more than 00 days. AflVay — fine not exceeding $20, or Imprisonment in county jail not exceeding five days. Assault and battery — fine not exceeding $1,000, to which may bo addod imprisoiununt in county jail not exceeding six months. Nuisance — fine not exceeding $1,000. All places where intoxicaling li(|uors are sold, if I'cpt in a dis- orderly niauner, are declared to bo nuisances, and the k(>eper Is liable to a fine of not less than $20, nor more than $100 for any day the same is kept. •Selling unwholeHoine provisions — fine not exceeding $100. Forcihle entry or detainer —fine not exceeding $1,000. MalicioUH trespiws — fine not oxc(>edii»g two fold tlio valnj ot (h(» damage done, to which may be added imprisonment not exceeding one year. TrespasH on lands — fine of five times the value of the iiijin-y, to which may be added imprisonment not exceeding on(^ yeiu'. Obalructing navigable stivumai — fiuo nut Imhh than Ihruu uor U Ml (I ■ I'ir I' ill m fl ,7! ■! 486 APPENDIX. more than five hundred dollars for each week the obstruction is continued. Attempting to influence a jury by bribes, &c. — fine not exceed- ing; $500, and imprisonment not exceeding six months. Malicious prosecution — tine not exceeding $1,000, to which may be added imprisonment not exceeding six months. Common barratry — tine not exceeding $500, and imprisonment not exceeding six months. Usurpation of an oflice — fine not exceeding $500. Living in open and notorious fornication or adultery — fine not exceeding $300, and imprisonment not exceeding three months. Public indecency — fine not exceeding $100 and imprisonment. Incest — imprisonment in state prison for not less than 2 nor more than 10 years, or in county jail not less than 6 nor more than 12 months. Bigamy — imprisonment in state prison for not less than 2 nor more than 5 years, or fine not exceeding $1,000, and imprison- ment in county jail for not less than 3 nor more than G months. Marriage between a white person and one having one-eigiith part or more of negro blood — imprisonment for not less than 1 nor more than 10 years, and a fine not less than one nor more than five thousand dollars. i Maliciously injuring telegraph polo or wire — imprisonment in state prison for not more than two years, or tine not exceeding $500, or imprisonment in county jail not less than 3 nor more than (> months. Oflicer voluntarily permitting prisoners to escape charged with or convicted of a crime the penalty of wJiicii is death — imprison- ment in penitentiary for not less than 10 nor more than 21 years. In all other cases of voluntary escape, the ollicer permitting the escape shall sutler the same punishment incident to the crime with which the prisoner escaping shall have been charged or con- victed. Aiding au escape of a person, charged or convicted of crime, by n person not an otlicer — imprisonment for not less than 2 nor more than 21 years in the state prison. Eveiy criminal who shall escape, being contined in tin; state prison, shall, for such escape, be imprisoned not exceeding double till' time for Avhich he was originally sentenced, to conuuenee at the en«l of the original term. On conviction of a feiiude of any one of the crimes before men- tioned, the punishment of which is conlinement in the slate prison, she may, instead of such imprisonment, be imprisoned in the county jail at hard labor under the direction of the jailor. When the convict is under tin* age of 21 .years, and the punish- ment is imprisonment in iIk^ state prison, im|irisonmenl in the county jail lor any determinate period nuiy Ik* MibHiiluled. AVhetiever any ptTson is imprisoned in the state prison, he or (die shall be ke[»t at hard labor during such imprisonment. APPENDIX. 487 Having carnal knowledge of an insane woman — imprisonment iu state prison not less than 2 or more than 10 years. Misdemeanors: Dnelling in all its phases when death does not ensne — fine not less than $100, and imprisonment in county jail not exceeding 1 year, and the p irty after conviction shall he ineligible to any office of profit oi trust not more than 3 months. Charging unlawful toll or ferriage — tine not exceeding $100, or imprisonment not exceeding 1 month. Unlicensed ferry — fine not exceeding $50. Violating license law — fine not exceeding $200. Selling liquors to minors or persons intoxicated — fine not less than $5 or more than $1.5. Adulterating liquors— fine in any sum not less than $5 or more than $50. Gaming — fine not exceeding $50. Keeping gaming house — fine not less than $50 nor more than $500. Horse racing upon highways — fine not less than $5 nor nioro than $50. Lottery not authorized by law — fine not exceeding $500. Removing monument on boundary of land with intent to destroy such work — fine not exccctling $200, or imprisonment in county jail not exceeding six nu)ntlis. Setting groinuls on fire with intent to injure another person — fine not exceeding $50. Bringing paupers into tlie state — tine $500. Attempting to ])rocure abortion — tine not more than $500 and imprisonment in jail not exceeding 12 nu)ntli8. Distiu'liing religious meeting — tine not less than $5 nor mnn> than $50, and imprisonment in county jail, not exceeding thirty days, may bo added. Removing dead bodies from place of interment without proper authority — tine not exceeding $1,000. Coiuiseling marringe between colored and white persons — lino not less than $100 nor more than $1,000. Sale and conveyance to defraud creditor or pureliaser — line not exceeding $200 and imprisonment in county jail not (>xeeeding 12 months. Ohstru'-ting process, freeing a person arrested — tine not exceed- ing $1,000, or imprisoinueni not exceeding six luoiitlis. Nc'gligently suti'ering prisoner to escape — tint* not exceetling $1,000. Aiding piisoner to escape — tine not exceeding $500, or itnpris- oiun(>nt not exetu'ding 12 months, or both. Failing to assist in service of process when re(|uired — tine iu any sunt not mure than $100. t ; '.! i 4S8 APPENDIX. Returning to after removal from lands mortgaged to the state — fine not more than $100 aud imprisonment not exceeding thirty days. Obstrncting habeas corpus — fine not exceeding $1,000, to which may bo added imprisonment not exceeding 90 days. Violation of estray laws — fine not exceeding $100, or iniprisou- mcnt not exceeding 6 mos. Uttering obscene books — fine not exceeding $500, and if the exhibition bo made to a female, imprisonment may bo added not exceeding 3 mos. Failing to return marriage certificate and license — fine not less than $5, nor more than $100. Furnishing false tickets to any elector who cannot read the English language — fine not less than two, nor more than ono hun- dred dollars. Fraudulently causing false vote — fine not less than ten nor more than 100 dollars. Attempting to vote twice — fine of $50 and disfranchisement for two years. .Fudge of an election attempting to infiuence an elector — fine not exceeding $100. Illegal voting — fine not less than $5 or more than $100. Oflicer of election opening ticket — fine in any sum not cxcodd- ing $100. Ollbring threat or reward to procure election — fine not exceed- ing $500, and disfranchisement for 2 yrs. Performing duties of office before qualifying — fine not exceed- ing $1,000. Orticer claiming what is not due or failing in duty — fine not exceeding $1,000, and imprisonment may bo added not exceeding (j months. Auditor, recorder, or clerk, keeping their office in any other building than that provided by board of connnissioncrs — fine not exceeding $100. Count} officers purchasing demands against the county for loss than the face thereof — tine not exceeding $500. Obstructing highways — fine not exceeding $500, or imprisou- mont not exceeding 3 months. Shutting culvert, water gate, interfering with, Ac. — fine not exooeding $500, or imprisonment not exceeding 3 months. Leading luiimals upon aud obstructing tow-path — fine not oxceetling $50. Sunervisor failing in keeping highways and bridges in his dis- trict in good repair — fine not less than $5, nor more than $100. Signing or delivery false bill of lading — fine not exceeding $5(Kl. Desecrating cemetery — fine not exceeding $600, or imprison- ment not exceeding (! months APPENDIX; 489 Disclosing telegraphic dispatch — fine not exceeding $500. Changing inspectors — fine not exceeding $100. Keeping gaming tables — fine not exceeding $1,000, to which may bo added imprisonment not exceeding 6 months. Recording deed withont indorsement ot' auditor — fine $5. Carrying olV products of the soil of another without authority — fine not exceeding $;' and imprisonment not exceeding 6 mos. Failing to give sworn list of taxable property — fine not exceed- ing $500. Obstructing ingress of fish into any river or creek emptying into the Ohio, by stretching any net across such river or creek within one mile of its mouth — tine not less than $5, nor more than $20 for every day so obstructed. Poisoning fiftih — line not less than $5, nor more than $20. Permitting horses witn glanders to run at large — tine not exceed- ing $50. Michigan: II. K. CiiAUKK, Esq. — The punishments annexed to the several off »nses forbidden by law, appear in a schedule annexed hereto. In answering this interrogatory, it is assumed that it is intended to include all oil'enses, whether denominated " crimes " or " mis- demeanors," and all offenses punishable by the general police laws of the state, and to exclude oflenses against nmnicipal ordinances and enactments providing for the enforcement of satiitary and inspection laws. tSchedtde. Of punishments prescribed by the laws of Michigan, and for the offenses respectively specified : Death: *5,708. Treason against the slate. State prison for life: 5.711. Murder in first degree. 6.723. Attempt to murder by poisoning, &c. 5,745. Burning dwelling house at night. 6,754. Burglary in the night, armed. State prison for life, or any term of years loss than seven: 5,J)4i*. Third conviction for felony, in additi(ui to punishment l)rescribed for such third offense. State prison for life or any term of years: 6.712. Murder in the second degree. 6.724. Assault with intent to nmrder. * 6.725. Assault and robbery, being armed. • 6,730. Kapo. 6,732. Abduction to compel marriage. 6,737. Poisoning food or drink. 6,740. Arson of dwelling house in day time. * Tho flgurci r«r«r to lootioni In tho Oompllod Liiwi. ■M m '■', \[ 490 APPENDIX. 5,816, Counterfeiting coin. 5,820. Perjury in capital case or in cases where the punishment in state prison for life or any term of years. State prison for any term of years: 5,745. Arson of dwelling house at night bj^ person lawfully in the house. 5,747. Arson of church or other public building at night. State prison not exceeding 15 years: 5.726. Assault with intent to rol) or murder, being armed. 5.727. Robbery, not being armed. 5.755. Burglary, not being armed. 5.756. Burglary in office, &c., at night. 5,763. Larceny, second conviction. 5,785. Destroying vessels. 5,818. Counterfeiting, second conviction. 5,820. Perjury, in other than cases enumerated in lirst part of this section. 5,822. Subornation of perjury. 5,871. Crime against nature. State prison not exceeding 15 years or line not exceeding $1,000, or both: 5,720. Manslaughter. \ 5,743. Attempt to destroy an unborn child. State prison not exceeding 15 years, or tine not exceeding $5,000, and county jail not exceeding one ycju*: 5,756. Fitting out vessel with intent that she shall l)o cast away. State prison not exceeding 15 years, or fine not exceeding $1,000, and comity jail not exceeding 1 year: 5,750. Attempt to connnit arson. State prison not exceeding fifteen years, or county jail not exceed- ing one year: 5,870. Incest. State prison not exceeding 14 years, or fine not exceeding $2,000, or county jail not exceeding two years: 5,771. Embezzlement in any state otHce. State jirison not exceeding 14 years, or county jail not exceeding one year: 5.802. Forgery. 5.803. Uttering forged instruments. State pri.son not exceeding 10 years nor less than one year: 5,5I()8. Issuing IVauduli'nt stock. 5,!)0!t. Knowingly selling framhilent stock. State ))ri.s()M not exciceding 10 years: 5,72H, Assault M-ith intent to rob, not being armed. 5,733. Tnking a woman with intent to eon'ipel marriage. 5,711. FiXposing child with intent to abandon. 5,718. Arson of ehureh or public building in day time. 5,74!'. Arson cf store, vessel, tfec. 6,753, Burning insured property with intent to injure insurer. APPENDIX. 491 5,759. Entering building at night without breaking, or break- ing and entering in the day time, with felonious intent. 5,766. Second conviction for receiving stolen goods, or con- viction at same term of court of three acts of receiving, &c. 5,808. Second conviction for counterfeiting, or conviction at same term of court on three charges of said otfense. 5,907. Taking from state treasury or defacing Ijonds deposited by banks. , 5,947. Attempt to commit crime punishable by death. State prison not exceeding 10 years, or a fine not exceeding $1,000, or both. 5,721. Maiming, disfiguring or aiding therein. 5,735. Kidnapping. State prison not exceeding 10 years, or fine not exceeding $5,000, and county jail not exceeding one year: 5.775. Bankers issuing bills illcgall}'. 5.776. Issuing or circulating spurious notes. 5,788. Making false protest. State prison not exceeding 10 years, or fine not exceeding $1,000, and county jail not exceeding one year, and incapable of holding any oflSces in this state: 5,917. Engaging in a duel; challenging to fight or sending or delivering message to fight a duel. State pryiion not exceeding 10 years, or county jail not exceeding one year and fine not exceeding $1,000: 6,770. Embezzlement by officers or servant of a corporation. 5,810. Making tools or paper for counterfeiting bank notes. State prison not exceeding 10 years or fine not exceeding $5,000, and county jail not exceeding one year. 5.783. Obtaining property by false pretences. State prison not exceeding 10 years, or fine not exceeding $500, or county jail not exceeding one year, or fine not exceeding $1,000: 5,740. Enticing away a child under 12 years of age. State prison not exceeding 10 years, or line not exceeding $500, or county jail not exceeding one year: 6.784. Cheat at common law. State i)rison not exceeding 10 years, or fine not exceeding $1,000: 5,731. Assault with irtent to connnit rape. 5,917. Violating seals of bidlot box, destroying ballots, or forci- bly adding or diminisliing the number of ballots legally deposited. State jirison not exceeding seven years: 5,94H. Second conviction for a state prison oflence, in addition to the punishment for such see nd oHonco. State prison not exceeding seven years, or coujity jail not exceed- ing one year; 5.804. Forgery of any instrument Issued by a stale ollicer. 5.805. Forgery of any bank note. 492 APPENDIX. 5,806. Having ten or more counterfeit notes in possession with intent to utter. State prison not exceeiling ten years, or county jail not cxceodino' one year, or fine not excoedinff $1,000: 5,940. Harboring or assisting telon to escape witli intent to avoid detection, arrest, trial or punishment. State prison not exceeding five years nor less than one, or fine not exceeding $2,000 nor less than $100, and statp prison not less than than three nor more than tv/elve months: 5,927. Trespass on public lands. State prison not exceeding five years, or fine not less than $100 nor more than $2,000, and state prison not less than three nor more than 12 months: 5,828. Converting tree, timber or lumber from the public lands. State prison not exceeding five years, or county jail not exceeding two years, and fine not exceeding $1,000: 5,777. Disposing by bank officer of insolvent bank of its pro- perty, with intent to defraud creditors. State prison not exceeding five years, or fine not exceeding $500, or county jail not exceeding two years: 5,738. Assault with intent to commit a felony. State prison not exceeding five years, or fine not exceeding $5,000, and county jail not exceeding one year: 5,787. Making false bills of lading or invoice, Avith intent to defraud. State prison not exceeding five years, or fine not exceeding $3,000, or county jail not exceeding one year: 5,826. Bribing public officer. State prison not exceeding five years, or county jail not exceeding two years, or fine not exceeding $1,000: 5,709. Misprision of treason. State prison not exceeding five years, or fine not exceeding $1,000, and county jail not exceeding one year: 5,789. Maliciously killing or maiming beasts, by means not par- ticularly mentioned in this chapter. Question IV. When there is a considerable range in the punishments allowed, is there found to be, in practice, a wide diversity in the adminis- tration of the law by different judges? Is there or not, in your judgment, too wide a range in the discretion allowed to judges i Answers. Massachusetts: Geouoe W, Seaule, Esq. — There is a very wide diversity and no uniformity whatever. In my judgment, there should be no range at all by h-gislaturo, Imt the judge should bo left freo«to temper the sentence exactly to the precise merits of each case; or. APPENDIX. 498 better still, the jury should pass upon tlio sentence at the same time, as upon the guilt of the accusctl. If there is to bo a range by legislative enactment, the larger it is the better. New Hampshire: Hon. S. D. Bell. — There is said to bo some diversity in the apportionment of punishments in cases where a wide discretion is given; this is unavoidable. Tlie law must tix a narrow range of punishment for offences which may have great dill'erences of charac- ter, or it nuist give a broader discretion, whicli may lead to inequalities of punishment arising from diil'erenee of character in judges. Errors may be connnitted by judges. The law nuist often do great wrong where little discretion is allowpd. Connecticut: Walter Pitkin, Esq. — The quality of an offence is so largely aflectod by the circumstances attending its commission, or out of Avhich it arises in each particular case, tliat it is diilicult to deter- mine wimt is u safe and reasonable limit to tlie range of })uniKh- inent. It is apparent that these circuintitances of mitigation nuist be fewer and less in degree in certain classes of cases than in others; but with this exception, we must be guided by experience rather than by any dednite and general principle. It is l)elievcd that the penalties of our laAV are for the most part judiciously dis- tributed, and that in the same classes of cases they are adminis- tered by different judges with reasonable uniformity. New Jersey: CouTLANDT Pakker, Esq. — Notwithstanding the great range to these punishments, there is not foimd in practice any great diver- sity in the administration of the law by dillerent judg(>s; nor do I think there is too wide a range in the discretion permitted. The supreme court judges are selilom overruled. Their tone is apt to govern the justices of the sessions, who par(icipate in deciding ui)on sentences; and their constant association with each other in the supieme court, tends to harmoni/.e their ideas on this as well us on otlier subjects. It miglit, perhaps, be an improvement if no sentences tiould l)o determined on without tlu? sui)r(^me court judge concurred. That is the only change I could venture to suggest. John F. IlE()i:MAN,Es court, and wlien ho caino to Indiana was much pi'tjudiciMl against (ho pi'actice which ho found prevailing her«'. Twenty-liv(> years Mubse(pU'nt eNporieiice in tiiisHlato has, how- cv«M', cnlircly chang(<(| his opini(Ui on this subject, and ho now believes (hat porniitting tho jury to tix (ho puniMlunont is a grout inij)rovrin('iit on (he old sysloni. (ludor this practice, juries l'ri'(|Ueu(ly convic(, where they woidd fail to agro(>, or accpiit, if the <|Ue.s(i(ui of tho anioimt of punish* inont were snliiuit(( allowed the judges in the lullicfing of punishments, until a more minute classlficatlou of crimes has l)een hit upon by our law makers. (^HKHTIOX V. Are shei'illM appointitd or *'lecl»>d, and for what lerm of office? Which, ill your opinion, is the best system ? Is lh(>re any limit to their re-eligiln"lify, or may they be re-elected as often as their con- MtitueiitH elioosu ? Answkus. ]SIassacIiiis«>ffH ; (1k(». W. Skaiii.k. Eh(i. — SherllTs are elected by the people for five yi'ai's. 'I'licie is no limit l(» their re-election. In my opinion, no h'^^'al executive ofllci'i' should be eleefi'd by tlie people. The teni|)tations to bend to popular feeling and eater to the lowest interests of tli(< criniiiial classes, during th(< teiuir(< of otilee, and, especially, just before a re-election, in too great to hope for con- li'i ■; D 496 APPENDIX. stant resistance from the men who seek such offices. By this it is not intended to intimate tliat they are not men of character, l)ut simply that they are mostly men of small nolitlcal and party ser- vices, men used to political management. Many here think that neither district attorney nor sheriti' should be elective. New Hampshire : Hon. S. D. Bell. — Sheriffs are appointed by the governor and council for the tei mi of tivo years. They may be re-appoiiilod in, general assembly. Their teiiu of oUice is three years and there is no limit to their re-eligibility N(nv Jersey \ CoKTr.ANDT r.vnKKU, Ks<|. — Sheriffs are elected yearly. They lire only eligible three times in succession, and, by custom, they are, with rare ex('<tter to liavo tlu'in elected at once for three years juul not re-eligil)le. In p()pulous cities and coiniti«'s, the present Hvsteiu of electing slu'rills produces grave evils in the administra- tion oi' justici> ; at he eJiosen. Cieneridly the caudidatcN M>l(>et(Ml are those most ])opulMr witli tli(> most ignorant and carel<\ss eliHses ot' society, iind they tind it necessary to propitiate them. llene«s a worse selection of grand nud net it jurors, So that it bi'comes soon to be true that, as the moral tone of th(> shei'lV, so that of the e(tuuty itself, as expressed by the action of its «'ourts, .loiiN F. Ilr.oKMAN, Ks(|. — .Sherills are (d( the appoint nieiits wors(>, unless dtuie by (lie overnor, or sotn«< other body than joint meeting of the legis- attire, I Pennsylvania : J. J. n\U(i,AV, Ks(|. — SherilVs are elected for a period of three yourN ; no serious ubjeetion appears to exist t(» the method by APPENDIX. 497 which these officers are elevated to office. A sheriff cannot bo re-elected on the expiration of his term of office, but may bo thereafter. Maryhiud : A. Steuling, Esq. — Sheriffs are elected for two years, and are ineligible for re-election. This has been the law for twenty years and more. I think there is no material difference between this and the appointive system. The sheriffs do very well, though not quite as careful as they ought to be in selecting jurors. In Balti- more city, and in one or two counties, the juries are drawn by lot. Kentucky : E. L. Van Winkle, Esq. — Sheriffs are elected for the term of two years, and are rc-eligible f(>i the second term, then one term must intervene before re-eligible. The system is bad, at least it has so proven in Kentucky. Tlie appointing system, to which we had been accustomed, proved far more efficient and satisfactory. Indiana : Hon. Con HAD Bakeu. — Sheriffs are elected for two years. 1. prefer elections to appointments. No person is eligible to the office of sheriff for more than four years in any period of six years. Miclii^oui : II. K. O-AUKK, Efiq. — Shorilfs are elected by the people for two years, anil are iiieiigil»lo for u longer peri(»d than I'our y«'arsout of any six. 1 think election, with this restriction ui)on tlieir re-elec- tion, the licNt mode of selection, QlIKHTION VI. IIow n)uny Justices of the [teace are there in each township? How are they chosen, and for how long a term ? , Answeus, MasMat'lnisetls : (}eo. W. Skaiu.k, Esq. — See "Index of general stalufrs, titles ;" •'trial jiiMliieH ;" "justices of the peace." New II)inipNliir(» : Hon. S. I). Bkm.. — Justices of the peace are appointed by th(< governor and council for the term of live yeain. Tlicy may be ami ur4inilly are reappointed. There is no limit to the nuinli(>r in any town or comity. They ore thought to be too numerouH. There aie in tliis plucr, with a population not exereding 2I),00(>, 120 JiinI ices. TIh< bu.sineNs, civil and criminal, is ccintiniMl in the cities to the poliie I'ourtM, but not so iu tho towns gvuurullyi [Asseiir. No. aS.J 82 i|f ' li^. '11 493 APPENDIX. Connecticut : Walteu Pitkin, Esq. — Justices of the peace are chosen once in two years, by the electors of tlio scvoral towns, the number for each being equal to the number of jurymen prescribed by hiw for such town. The inhabitants of any town may, at a meeting speci- ally called for that purpose, reduce the number of justices to be thereafter chosen. New Jersey ; CoRTLANDT Pahker, Esq. — Justiccs of the peace are elected c.^ch for five years, not more than five in each township. John F. IlaoEMAN, Esq. — Not less than two nor more than Jive juMices in each toumship, but where there are more than 7,000 Inhabitants, one more for every 3,000 inhabitants are chosen for ^ffvv ymrs b}' the people. Pennsylvania : • J. J. Bauolav, Esq. — This question cannot bo answered without refereii'^e to special acts of assembly. They are elected for terms of five years. Maryland : A. STERUNd, jr., Esq. — .Justices of the peace are appointed by (he governor for two yer.rs. From 1W50 to 18G4 they were elected. ■..■{ . ' ■ Kentucky : E. L. Van Winkle, Esq. — We have two jtiHtices in eiich town- ship or election precinct, who are elected by the people for a term of four years. Indiana : Hon. CoNKAi) Haker. — .Tustlces of tin' peace are elected by the peopU* for four years. The nuinlier of jiistieeH l\)r eiuli township is regulated l>y the board of eommissjoners of (luM'ounty ; luit the nuiiil)erslmll not exceed three for each township, and on«Midditioiiiil ( ne for each incorporated town (herein. Miehigiin : 11. K. C'l.AHK, Eh(|, —Four In each township; elHJsen by the people, one annually to serve tor four years. (^UEHTION VII. What proportion of persons indicted is, on the averag»', brought to trial ? Mussaohusctts APPENDIX. Answers. 499 Geo. W. Seaule, Esq. — For nnswor to this question soo 3 vols, of iiniuiul reports of the attoruoy geucrul, in library of the Asso- ciation. New Hampshire : Hon. S. D. Bell. — No statistics are within my reach from which I would bo able to say what proportion of those indicted are tried. Connecticut: Walter Pitken, Esq. — Of persons indicted, an average of throe-fourths are brought to trial. This estimate includes those who plead guilty on arraigiuuent. Now Jersey: CoRTLANDT Parker, Esq. — I reply to the interrogatories VH to XVH, inclusive. They involve the practical merits of our criminal code and our administration of justice in criminal cases. In the rural counties, very few persons are indicted, but, with occasional exceptions, all indicted are brought to trial. N(» aver- age can bo stated. I verily believe that few who «)iight to be r >nvicted escape. Disagreeing juries are very rare. At least half of those arraigned plead guilty, tlrst or last. A practice of tak- ing pleas to oll'ences of a lower gra wortls. Tliey an^ cases when^ tlir intent to kill was sudd(r in the second degree," And that verdict has once been rendered in a <'ase whtM'e a yoimg irnviini was guilty of noisiming — while the verdict "not guilty, by reason of in- sanM;,," has bc(>n Virniirid where a scut of "wild jn.Mlie(>" has (^haracteri/ed th(> case, as in Mercer's cas«< for shooting lli^berton; Spencer's for killing his wile; and (it has b(>en thought liy some) tln^ case of Margaret (Jarrity for destroying her seducer. In nil these cases, 1 should observe, espetMidly the last, tint a(Mned ratl'.tu' an executioner of what ought to Ite the hw, than the prey ( f an evil heart. Nor are convictions ur executions, 600 APPENDIX. after convictions are had, long or improperly delayed. Writs of error, in capital cases are duly granted for evidently good, that is fairly debatable cause. Technical difKcultics ore seldom allowed to delay punishment. It is not customary to send cases back and forth between criminal courts of diiferent grades. Causes may be removed inmiediately after indictment to the supreme court. But good reason must exist then, and the time gained is trivial. It is a consequence of this promptness and all but certainty of convic- tion and punishment, that the law with us is, indeed, a " terror to evil doers." I make no vain boast when I claim for my native state that nowhere else in the civilized world are the rights of citizens better protected, and their wrongs more promptly and certainly avenged. Our locality, posted as wo are between and contiguous to the two largest cities of the continent, exposes us to be resorted to by many vicious strangers. And there is no denying that what has l)een said can, with less propriety, bo lussicrted of the border counties, Hudson and Camden. Their population is necessarily, suburltan in character, habits and senti- ments. Yet even there what has been said is mainly correct, and, I think, growing more so. Our people, for the most part, believe in the propriety of capi- tal punislunent for willful murder, aiul have no qualms respecting circumstantial evidence. And I am very much mistaken, if the belief that with us, crimiiud justice is sternly administered, does not detei- many citizens of other states from venturing to conunit crime within our bounds. During the last nine years, f)nly nine indictments for nuirder have been found in the populous manufac- turing county of Essex, which contains al)out 12(),0('() people. (Jne was abandoned, because the party accused was evidently a lu- natic; a mother who nearly cut otf her child's head to keep it from imaginary poverty. Three resulted in convictions of nuird(>r in the Hrst degree, and the speedy execution of the culprits. All the others are eases in which the killing did not appear to be delibe- rate in (he ordinary sense of that word, and resulted in convictions f(tr murder in the second degree or manslaughter, except that one man indicted us accessory before the fact was not wrongfully ac- (piitted, and one woman was acquitted of infanticide. In tlu> populous comities of thi> Statt;, such as Kssex, in which is Newark and Hudson whichconlain.F'"'Ncy City andlloboken, many ])ersons indicted are not found, •fudging from my own experience, about one-lU'th of the indictments found, are not brought to trial for this reason. Of those tried, pcrhans the sanu< pnqxutioM escape conviction. About thrcefd'ths ot those arraigned, pluud guilty either at once, or wluui aliout to be tried. John V. IJKOKMAN, KsQ. — I should estimate that in Mercer <'oiinty, eight in ten of per^uns indicted are brought tu trial un an average. APPENDIX. 501 Pennsylvania: J. J. Barclay, Esq. — It is impossible to answer this question without un extensive examiniition into the criminal statistics of the state. In Philadelphia county, more than half. Maryland: A. Sterling, Jr., Esq. — Those indicted arc generally bronght to trial. Some escape by forfeiting bail, but I think not many. Generally, if escapes take place, it occurs between the action of the justice of the peace and the action of the grand jury. The justices not being as careful in taking bail as the court is, and the private interests of prosecutors and of detective officers saving many from being indicted. Kentucky: E. L. Van Winkle, Esq. — About two-thirds of those indicted arc brought to trial. The projiortion varies and is fro(piently anything but proportionate in dilferent districts. Indiana: Hon. Conrad Baker. — A large proportion of the persons in- dieted are brought to trial, but the exact proportion I cannot state. Michigan: H. R. Clarke, Escj. — My professional employments for the last ten or twelve years liavc not been such as to enal)lo mc to answer this interrogatory. (See Gen. Morrow's answer, below.) IIeniiy a. Morrow, Esq. — A v<'i*y large pi-oportion of the per- sons iufornml against are brought to trial. Under the oUl system of grand juries, tlio docket of every term of court showed tliat a large number of those indicted were not brought to trial, l>ut under the iiifonnation system, there are very few persons info.:ned against, who are not brought to trial. tillKHTlON VIII. Of the tried, what proportion is convicted an*cr, sec answers to question VII, Now Jersey, supra. John F. Heoeman, Esq. — Of those trieil, ineUuling those who pleail guilty, three-foiu'ths are convicted ; not one in a huntlreil cases are juries unable ultimately to agree. Upon the Jiml trial perhaps 2 in 20 would not agree. Pennsylvania: J. J. Bakclay, Esq. — The same answer as above, phia county not more than a Miird. In Philadel- Maryland : A. Steiilino, Jr., Esq. — I cannot give an accurate answer to this question as to the proportion convicted. I think a tnajorify of those indicted are convicted, perhaps two-thirds. The disagree- ment of juries is not connnon here, perhaps not noticed so much, as a large part of our criminal cases are tried before the court; the prisoner having the right to try his case before the Judge at his election, no matter what the otlence, and in fact a large part are tried before the court, which of course leaves a smaller part for juries to disagree about. The disagreements of juries are duo mainly to the cU8tom of letting cases drag along for days, so that each man's mind becomes tixed; and as juries are genendly allowed to separate at the adjournment, they get tixed in their opinions without conferences, and are Itesides subject to be tampered with; and after they have been kept together for a h»iir, and not half in the latter, except at periods when such cominuui- tics exhibit an ubnormul uunditiou from crime. APPENDIX. 603 On ouco i nil nvorngo 11 four or Hv I would think that times. juries nro unnbl« to ftgrec 'I' ! Iiulituiii : Hon. CoNiun IUkku. — I cuniiot, lor want of sulisfuotory stjitis- tioiil returns, give thu proportion c<»nvii't(ul and tito proportion acquitted, nor can I give the poroentagu of oasos in wliii^li juries uru nnahlu to agree. 8o far as my knowledge extends, the ilisagitHMut^nt of juries has not been so frequent as toattraet mneh attention, or to eonsHtute a serious impediment in the administration of the erimlmd laws. New Jersey : For Mr. Parker's answer, see answer to question VII, New Jersey, nKjmt. Miehigan : IIknuy a. Mouuow, Esq. — A largo proportion of those informed against are convieted. lUit tliis depends upon the honesty and in- telligenco of the examining magistrate, who discharges or holds the party over to tiie eireuit eourt. It' ho is intelligent and honest, he will only hold over to appear at the circuit eourt such porsons us on the testimony before him would be convieted of the crime charged. Juries disagree in comparatively few cases, and rarely, except in eases where the testimony is of a conflieting character, or in cases where eminent counsel arc employed and great [>ublic interest hiM been elicited. I have sometimes thought that many disagreements of juries wore caused by the persons being intlu- eneed by the argument of counsel or otherwise, rather tnan by any real doubt they have as to the weight of evidence. In oth(>r words, they coas«i to be jmlyes of (ho facts, and become advuaUcH of one side or the other. (iiJKH'rroN IX. Of persons arraigned, what proportion plead guilty, and arc eunviclud on confession? Anhwhuh. MaHsachusetts: Okoimim W. Seaulk, Es(|. — 8oe Attornoy-Oonerars reports. Now ILunpshiro: Hon. 8. I). Hkij..~^I uni unable to say what proportion of the uooused plead guilty, or do not contend. Conncoticut: Wai.tkk Pitkkn, Esq. — Moro than one-half of those arraigned ploud guilty and uro couviutud without tiiul. I : !l rA vt 504 APPENDIX. New Jersey: For Mr. Parker's answer, see Question VII, New Jersey, supra. John F. HEGEaojf, Esq. — Of those arraigned, about one-fourth only plead guilty, and are convicted on their own confession. Pennsylvania: J. J. Barclay, Esq. — The same answer as above, phia county, a very small propoi'tion. In Philadel- Maryland: A. Sterling, Jr. — Of persons arraigned for felony, a small pro- proportion plead guilty. In offenses punished by tine, the large majority plead guilty. Kentucky: E. L. Van Winkle, Esq. — The proportion that plead guilty is small — say one iu twenty. Indiana: Hon. Conrad Baker. — A large proportion of those convicted plead " not guilty," but the proportion I cannot state. . Michigan: Henry A. Morrow, Esq. — The percentage of those arraigned who plead guilty is small. The chances for escape are so many that great criminals never and lesser ones seldom plead guilty. It is in cases where the parties are indifferent as to their fate, or • where the influence of friends is exerted in that direction that this plea is entered. Under the laws of Michigan, counsel are assigned to poor criminals, to bo paid by the county. There "ire always lawyers anxious for such cases. The facility with which counsel is procured deter many from pleading guilty who would otherwise do so. Question X. Do those who plead guilty generally i)lead to the oflensos with which they stand charged, or to others of a lower graile? If of a lower grade, can you suggest any reason, connected with the prosecution of the charge? Answers. .^ Massachusetts: Qeoroe W. Searle, Esfj. — See Attorney-General's reports. New Hampshire. Hon. 8. D. Bell. — Prisoners who plead guilty generally limit their plea to the lowest grade of offense charged, whore the prose- J* APPENDIX. 608 cutor can be induced to accept such plea. Various reasons may lejjd to the acceptance of such a plea. Perhaps the most usual and forcible is a doubt of the prosecuting officer whether his evidence is such that he can obtain a conviction. In some cases probably a satis- factory adjustment with the prosecutor, as the restoring of stolen property, may lead to the acceptance of such a plea, and not rarely the anxiety of parties and witnesses to avoid the trouble and ex- pense of attending court. Connecticut: Walter Pitkin, Esq. — Criminals plead guilty generally of the offenses with which they stand charged. It is a matter of discre- tion with the judge to receive a plea to an inferior offense, and the reasons which influence the exercise of their discretion are various, but have relation usually rather to the circumstances of the prisoner than to "the prosecution of the charge." Now Jersey: John F. Heoeman, Esq. — Those that plead guilty, of course, generally plead guilty to the count containing a lower grade of crime, when there are more counts than one, or where the nature of the indictment allows" a plea to a lower grade of crime involved in the main charge. The reason, of course, is to escape the higher penalty for the higher offense. It is a kind of compromise be- tween the state and the defendant, and where a conviction is doubt- ful, it is often advisable to take such a plea on the part of the state. Pennsylvania; J. J. Barclay, Esq. — Generally, pleas of guilty are pleaded to the offense with \lhich the prisoner stands charged. In cases of murder, of course, the prisoner will not plead guilty to the highest grade of crime. Maryland: A. Sterling, Esq.— The reason is, I think, that the lighter the punishment the more the inducement to plead guiUy. It is done mainly to diminish exposure, save costs, and get lighter punish- ment; and in some classes of misdemeanors, such as baAvdy house, selling liquors on Sunday, &c., these facts arc generally so clear that the party has no object in standing trial. MM Kentucky: E. S. Van Winkle, Esq.-— -When they plead guilty, it is gen- crally with the view of inducing the jury to fix the shortest period of confinement, or with the hope of indemnity against other charges then pending. 606 APPENDIX. Indiana: Hon. CoNKAD Baker. — ^Those who plead "guilty," generally plead to the offense with which they stand charged, and not others of a lower grade. Michigan: H. A. Morrow, Esq. — ^It cannot be said that there is any rule on this subject. The discretion lodged in the hands of the judges makes it immaterial, as a general thing, whether he pleads guilty to a higher or lesser offense, so far as punishment is concerned; and I have never discovered, except in occasional cases, where the party was a novice in crime, that the magnitude or grade of the crime had much influence on the mind of the criminal. In nine cases out of ten, the punishment alone influences the mind of the criminal, and he is utterly indifferent to the fact whether he is charged with a higher or lessre offense. Question XI. Of persons charged with homicide, what proportion is con- victed? What proportion executed? Answers. Massachusetts: Geo. W. Searle, Esq. — See attorney general's report. \ New Hampshire: S. D. Bell. — No data are within reach to enable one to state what proportion of persons charged with homicide are convicted, or what proportion are executed. In general, it may be nuid that trials of this kind are not frequent. Many ^rsons drawn as jurors have concientious scruples in relation to capital punishment. Many others assent to verdicts of guilty with great hesitation. Convictions of manslaughter and murder in the second degree, are usual where any pretence for them is found. Executions are rare; they cannot take place within a year after sentence, which cives large opportunity for applications for some modification ot the sentence. Connecticut: ^ Walter Pitkin, Esq. — In the minority of capital oases, the convictions are of murder in the second degree, for which the penalty is imprisonment for life. In a small proportion of the cases of conviction of murder in the first degree the extreme pen* alty has been commuted to imprisonment for life. New Jersey: John F. Heoeman, Esq. — Of persons charged with homicide, four in six are convicted. Of those convicted of murder in the APPENDIX. 607 first degree, three in four are hung. Of those convicted of man' slaughter, 14 in 15 at least, are imprisoned, perhaps more. Pennsylvania: J. J. Barclay, Esq. — In Philadelphia county, almost all the persons charged with murder, are convicted of murder in the sec- ond degree, or manslaughter. Capital convictions are not numer- ous, though in the last two years several have been thus convicted; but in nearly every case no execution has taken place, sometimes, because of a doubt as to the guilt of the prisoner; sometimes be- cause of a doubt as to the grade of the crime; and often because of the interference of persons whose judgment is paralyzed by a mistaken view of the object of punishment. Maryland: No answer. Kentucky: E. L. Van Winkle. — The proportion convicted of mui ler ia small, say one in ten, or hardly that proportion. If the . i. 3um- stanccs allow of a conviction of manslaughter — the punisl. ^mjit for which is contincment in the penitentiary — the jurit nre much more inclined to convict of the latter offence. Threc'fourths of those convicted of murder are executed — per- haps a greater proportion than that. Unless reversed by the appellate court, the judgment is executed, except in rare instances. Indiana: Hon. Conrad Baker. — I cannot state what proportion of persons charged with homicide are convicted. 8o far as my knowledge extends, improper acquittals are not of very frequent occurrence, although they sometimes occur. Murder in the first degree being the only homicide in which the death penalty can bo inflicted, and the jury having in this a discretion t'" inflict that penalty or impri- son in the penitentiary for life. Of o« ;Mv,e, the proportion of cases in which there are executions is sniail. I cannot state what the proportion is, but can only say that there have been a nuiuber of executions in this state since 1>^ ^6, at which time the discretion above mentioned in cases of mirder in the first degree was given to juries. Michigan: H. A. Morrow, Esq. — The proportion of convictions depends upon the grade of the crime. The laws of Michigan divide homi- cide into murder in the first degree, murder in the second degree, and manslaughter. The punishment for the first is solitary con- 508 APPENDIX. fineinent for life. Coniparntively few convictions for murder in the first tlegreo take place in Michigan, arising, no doubt, from the awful character of the punishment, and from the fact that the killing must be found by the jury to have been " willful, deliberate and premeditated " to warrant a conviction. Sentence in this grade of crime usually follows conviction. Question XII. In what classes of offences is the disproportion between the arrested and the convicted apt to bo greatest — those of a higher or lower grade ? Answers. Massachusetts: Geo. W. Seakle, Esq. — See attorney general's report. New Hampshire: Hon. S. I). Bell. — No data for an answer to the twelfth ques- tions are within reach. Connecticut: Waltku PrrKiN, Ksq. — The disproportion between the arresanl and convicted is greatest in offences of a lower grade, l)y a ratio of ton to one. Informations in these classes of cases are sometimes procured through malice or accidental misrepresentation, and the circumstances not being generally wo well defined as in more atro- cious crimee, there is more danger of mistaking the exact nature of the oll'cncc. New Jersey: For Mr. Parker's answer see Question VII, New Jersey, fiiipro. John F. Heokman, Ksq. — In my experience, strange to (say, the dispropcu'tion between the arrostetl and the convicted is generally greatest in the lower grade of crime. Pennsylvania: J. J. Hauclay, Ksq. — Those of the higher grade. , Maryland: ^ A. IStki{MN(», Ksq. — The larger propcu'tion of ciuivietions is in larceny. Fewer of those indicted for this are ac(|uitteil on trial than of any other. I think tlu« proportion of acquittals is larger in the Ntualler otl'enccn, partly l>ecaUHe the worst cases of those plead guilty. Koufueky: K. L. Van Winkle, Ksq. — The proportion of eonvietlon* is APPENDIX 509 greatest in crimes of tlio lower grade. Convictions for murder and perjury are rare. Indiana: Hon. CoNUAD Raker. — To the twelfth question I can give no satisfact<»ry answer. Mieliigan: No answer. Question XIII. What is about the average length of imprisonment previous to trial ? Answeks. Massachusetts: Geo. W. Skaulk, Esq. — See attorney general's report. New Hampshire: H«)U. S. I). IJell. — No dala for an answer (o the thirteenth question are within reach. Connecticut: Walteu Pitkin, Esq. — Four sessions of the superior court are holden annually in (^aeh county, and erinn'nal causes (which have precedence of all others) are generally tried at the (irst term after arrest or information. Prohahly the average length of imprison- ment, pn^vious to trial, is from four to si.\ weeks. New iJersey: For Ml'. Parker's answer see (^tu'slion VII, New Jersey, ftiiprn. J. F. Hkokman, Es<|, -Length of imprisonment previous to trial, averages in Mcrcor counly two months. Pennsylvania: J.J. lUitdi.AY, Esq. — This qnoHtlon ^anmtt he saliHfaetorily an> swered, hut in IMiiladelphiu comity, l»eeaiise of ilie length ol time between the terms of c( urt, it is about, on the average, a month. Mtiryland: A. Stkiiuno, Jr. Esq, — III the eoiinties tile imnrisonmeiit before trial depends on th(< time (»f the arrest, with reteience to its near- ness to the term of eoiiit. After the court meets, the eases are sevei'tdiv all tried in from a w<>ek to a month. In soint^ small eounties where they have few eases, there are only two teniiB of til! 610 APPENDIX. court a year; but in most thcro are three and four, lasting from two weeks to two montiis. In llaltimoro tlie imprisonment is not long, a month or six weeks would be the extreme, I think; gen- erally, u week or ton days, except in assaults and batteries, which are tried every Saturday, and the range there is from one day to one week, unless the party l)y demanding a jury should require further delay, and the regular course by indictment. Kentucky: E. L. Van Winkle, Esq. — The average length of imprisonment previous to conviction depends upon the frequency of courts. In cities, the imprisonment is short, say three months or less. In the country, where the courts are held only twice a year, the con- tinement Avill average nine months. Indiana: Hon. Conuad bAKEit. — The average length of imprisonment previous to trial is not long. This is about as detinito as I can make my answer. Michigan: II. A. MoKKOw, Esq. — A few weeks at longest in Detroit, and if the public prosecutor docs his duty, the term of impris(»nment need not exceed ten or fifteen days. The criminal court in Detroit holds monthly sessions. In the country, the period of imprison- ment is at longest a few weeks in ordinary cases. Question XIV. Is it found that in oilences of a higlier grade, convictions, when obtained, are frcqu(>ntiy so long afl«>r the eouimission of thu oll'cnce that their moral ellect is in great measure nuUitied ? Anhweus. Massachusetts: Oeohoe VV. Skaui.k, Km). — Yes; \\w delays wo oceasionetl in part by dilatoriness in prost'iuitiiig otiicers, but more l>y the neecM- sarv (h'lays (»f oiu' legal system. The superior court in Siill'olk holds II terni once a month, but in the country not oflener lliiin (Mice a (|ua(U'r: and when a cause goes to the supreme eonrt on exc(>ptioUH, it is much delayed; if any exception is sustained, there is a new trial, with indefinite liability to new Uills of exeep> tioiis. N(fW lliimpshire: Hon. S. D. Hkix. — Convietions for the higher gralayeil. This luiiy pro- bably diuiinish thu moral ellect of thu punishment. APPENDIX. 511 Connecticut: Walter Pjtkin, Esq. — ^The answer to this question must bo inferred from the preceding. New Jersey: Tor Mr. Parker's answer, see Question VII, New Jersey supra. John F. Heqeman, Esq. — I cannot say that the convictions are so long after the connnission of the offences that the moral ctfect is in great measure nullitied in higher grades of offence. It is so in some measure, hut not in great measure. Wo do not have a long delay as a general thing. Pennsylvania: J. J. Bakclay, Esq. — Yes. Maryland: No answer. Kentucky: E. L. Van Winkle, Esq. — When the crime is of a startling nature, and the circumstances pregnant witli guilt, the prisoner usiuilly res trts to all the Khifts that can bo devised for delay, and often escapes from punishment l)y outlivh\g the vhurgc. Tho death of witnesses, the slackened energy of the prosecution, and finally the losa of public interest in the prosecution, teiuls strongly in favor of an acquittal. Nevertheless, when a conviction does occur, and the death penalty is intlieted, its full effect is felt, and the long contiitement and presence of the criminal at tho bar, together with his tragic end, heightens rather than diniiniMhcs tho effect upon the public mind. It is the uncertainty of the punish* ment for these high crimes that fosters their connnission. Indiana: Hon. Conhai) Dakkh. — In oll'enccs of a hiuher grade it does Hometinu>s happen that the convictions, when ootained, are so long after lliti oIUmicc as to, in a great menMiire, nullify their moriu effect. I do not. however, think this is a very freiiuent occur* runce. Michigan: 11. A. MoHiiow, Esq. — It often happens that convictions take place so long after the conunisNlon of the crime, that lli(« moral effect In tMitiri'ly destroyed. My own obsi rvation has tunglit me that spiHMly and certain punishinent is far more elllcai^ious in pre* venting the eonunirtsion of crime than are slow an higher the otfence the less the delay, owing to the rule and disposition of courts to give prompt attoution and pre* I'erenee to criminal cases. iVnnsylvania: J. J. Hauclay, Ks(i.- -Ingenuity of eounsel, and the time which In pra('lir(« iiiunI be tal\(>ii to dispose of motions for neu' trial and in arrest of tlu< JudgmeiitM. It is not (iistoniary in IV>nn>ylvania, to nend ea»iH(>s buck and forth in the criminal courts, l»ut this remark does not itpply to the «'«se.N siiil lo the supreme court, which, iii any event, and lieeaiiso of the system deseribeil in the answer to is in the discretion of the court, they are not gianled otten enough to constitute an nbusc. Michigan: II. A. MouKow, Ksq. — Under our system delays are produced as a geiu>ral rule l>y the action of the criminal himself. Delays are generally benetleial to the a<'ensed, and shrewd coinisel always dtday the trial. No opportunity occurs in this slate lor sending cases i'tom one court to another. (it'KSTION XVT. Ho the courts, or not, fail rrry nffiu to convict, in cases where prisouors are on trial for urimus of a higher order? [Assem. No. 35.] 88 514 APPENDIX. Answers. Massachusetts Gkoroe W. Seaiile, Esq. — The courts do not very often fail to convict in such cases, unless the prisoners are defended by espe- cially successful counsel, such as the late Mr. Choai. or there is a diversity of popular and court opinion as (o the it^uilt of the prisoner. The present chief justice usually' |>rp.sidei5 Avif.'i two or more of his associMCS on such trials. Ho ads iip'i the j>rincip(o, that it is tho duty < f the judge, as well as thi pru.v';! cuting of^ie* ;•, to see that the guilty are convict od, when it •!.) 't. no' ' eii* "ve ii If < bold assumption by the court of the office of the advocate. Ily this answer, it is not intended to rutlect upon ,iie judicial impar- tiality of the very able chief justice, but only to state the execu- tive character which belongs to bis administration of justice. New Hampshire: H(ni. 8. D. Hell. — No data exist for the oompunson impliod in the -v ;)V(ls rcfi/ often. I'vrhaps convictions ^lv■ less iire here, nscdsewhere, to the department which arresls, especially to tlu> in«lependent, private detectives, who are vi-ry useful to enable private iiidividnals to make good their losses, but who allow ohen the thieves to eicapu on surrendering thuir booty APPENDIX. 615 Our police here is very good, but the detective department, as clsowhorc, I think, liable to this trouble. The point Avhere the fingers of justice actually come in contact with crime and crimi- nals, is where the contact soils, and where the rogue slips through. Strict care of the police system and rigid discipline is the cure, but our ciiangosof "personnel" are ditScultics. Wo are becoming more stable. Our police is a copy in form of the Metropolitan, and much more stable than before. Our policemen must bo per- manent and rigidly controlled to make the system safe. Kentucky: E. L. Van VVinkle, Esq. — Courts do of'fu fail to convict in cases where prisoners ai'o on trial for crimes of a higher order, and such escapes from punishment necessarily have a tendency to cucourage those who make their living by unlawful means. Indiana: Hon. Coimf?ai> Bakkr, Esq. — Coiu'ts do not very of tan fail to convict in cases where prisoners are on trial for crimes of a higher order. Michigan: H. A. Mounow, Esq. — Coin-ts and juries do very often fail to convict in the Mgher grades of crimes. Question X\'TI. If yes, what is the elFect of such failun on the criminal popula- tion; that is, those who follow crime as a means of obtaining ;i livelihood? Are the terrors of the law found to have nnich of a deterrent efl'oct upon this class of persons, or not? Anmweus. Mussachusetts: Geouoe W. Seaulb, Esq. — These delays tend to embolden the oriniinal population, and convinces thiMu that the law is lacking in its executive power, and in the certainty and dispatch of its decrees. New IIan»pHhiro: Hon. S. D. \M\\.\., — No data are known on which an answer to to tills (piestion can be foiiiuhHl. Oeiierally every! liing wliicli diminUhcN tlu^ certainty of piinisliinent, is supposed to leMscn tlio oD'ect of the criminal law. Tlu^ law is not su|)|)().sed to i\v\M' cnn- finned rogues from oU'ending but in a very slight degrtte. \\s c/l'oct is mainly on those who huvu not yielded to temptuliou. 516 APPENDIX. Connecticut: No answer is given to this question by Mr. Pitkin. New Jersey: For Mr. Parker's answer, see Question VII, New Jersey, supm. John F. Hegeman, Esq. — Answered above. Pennsylvania : J. J. Barclay, Esq. — The effect is of course bad whenever there is a clear failure of justice. The terrors of the law have their effect in driving the criminals out of the jurisdiction of a court whose judges act with iirmness, and without 'fear, favor or affec- tion." Maryland ; No answer is given by Mr. Sterling. Kentucky : For answer sec question XVI, Kentucky, supra. Indiana : \ Hon. Conrad Baker. — In my opinion, the fear of the peniten- tiary prevents many from committing crime, who are restrained bv no higher considerations. Michigan : H. A. Morrow, Esq. — Failure to convict in cases free from doubt or complicacy give encouragoment to criminals. The supe- rior courts often find themselves obliged to set aside sentences for errors and to order new trials, and whore this occurs in many cases, criminals are encouraged by the hope that as a last resort the superior court may relievo them. Punishment, to have the effect to doter others irom the commis- sion of similar offences, nnist bo certain and speedy. Where jus- tice is delayed or uncertain, tho law has no terror for orimiuuls. Question XVIII. i Are prosecuting attorneys appointed or oloetod ? Answers. Massachusetts : Geo. W. 8earle, Esq. — Tho prosecuting offioors consist of au attorney general, who tries tho capital cases in tho supremo court, generally in conjunction with tho local prosecuting olKcers of tho couuty in which thu ca>io is tried. lu each county thoru is u diti- APPENDIX. 517 trict attorney. Both the attorney general and district attorney are elected. In Suffolk there is an assistant district attorney, who is appointed by the executive. New Hampshire : Hon. S. D. Bell. — The prosecuting attorneys, the attorney general for the state, and solicitors for the counties, are appointed by the governor and council for five years. Connecticut : Waeteb Pftkin, Esq. — Prosecuting attorneys are appi;;ntcd, one foi- each county, by the judges of the superior court, and hold office for two years. New Jersey : CoRTLANDT Parker, Esq. — Prosccutiug attorneys are appointed by the governor, with the advice and consent of the senate, and hold office five years. Their compensation is entirely by fees. For every indictment, to which there is a plea of guilty, they receive ten dollars; for every indictment to which, after not guilty pleaded, defendant retracts and pleads guilty, twelve dollars ; for every verdict of guiUy, after trial, fifteen dollars. The taxable costs of other officers are recoverable likewise only on conviction obtained. This system of payment seems theoretically wrong. Practically, it works well. It is a great stimulus to vigilance in minor matters. Men indicted are brought to trial. Few errors occur in drawing indictments. Causes are well prepared. But the character of the bar of New Jersey is such, and the fees them- selves so small, that it is not believed that the necessity of success to emolument leads any men to improper exertion. Indeed, the possibility of such a thing protects the innocent from undue pro- secution. Too great zeal defeats itself. ^ Pennsylvania : J. J. Barclay, Esq. — They arc elected. Maryland : A. Sterling, Esq. — Prosecuting attorneys are elected for four years. Kentucky : E. L. Van Winkle, Esq. — Prosecuting attorneys ore elected. Compensation in pait l)y salary, and in part by fees. Indiana : Hon. Conrad Baker. — Prosecuting attorneys are elected. 518 APPENDIX. Michigan : H. R. Clarke, Esq. — Prosecuting attorneys are elected by the people for two years. Question XIX. Is their compensation by salaries or foes ? Answers. Massachusetts : Geo. W. Searle, Esq. — All those are remunerated by fixed salaries, and have no fees beyond them. New Hampshire : « Hon. S. D. Bell. — They are paid by salaries. Connecticut : W. PrrKiN, Esq. — Their compensation is by fees. New Jersey : For Mr. Parker's answer see Question XVIII, Now Jersey, John F. Heoeman, Esq. — Their compensation is by fees upon conviction — nothing in cases of acquittal. Pennsylvania : J. J. Barclay, Esq. — Fees. IVIaryland : A. Sterling, jr., Esq. — They are paid by fines. Maximum allowed, $3,000. Kentucky : E. L. V^VN Winkle, Esq. — They receive fixed salaries, and a percentage on all judgments of conviction, where such judgments nro assessed by way of fine. Indiana : ^ Hon. CoNUAD Baker. — Tlip c.impensation is of a mixed natu''e, a part of it being by way of salary, and the residue as fees. Michigan : H. K. (.'lauk. Esci. — The compensation is fixed by the board of siiporvisors, (composed of one from each township) and generally by the allowance of an annual salary. APPENDIX. 519 Question XX. If by salaries, what c'^'ct, if any, is this fouud to have upon their fidelity ? Answers. ' Massachusetts : Geo. W. Seakle, Esq. — The effect upon their fidelity is favor- able. New Hampshire : Hon. S. D. Bell. It is not suggested that their fidelity is affected by this mode of compensation, so far as I have heard, Connecticut : No answer. New Jersey : For Mr. Parker's answer sle Question XVIII, New Jersey, suj)ra. John F. Hegeman, Esq. — This system of compensation by fees is bad, tempting to undue exertion to convict, and tempting to receive rewards from the defendants to favor them. Pennsylvania : J. J. Barclay, Esq. — The system of salaries has not been tried in Pennsylvania. Maryland : No answer. Kentucky : E. L. Van Winkle, Esq. — As a general tiling, our prosecuting attorneys are sufficiently vigilant, and, inasmuch as they got thirty per cent of all judgments upon forfeited bail bonds and recogniz- ances, it is not often that such judgments are not collected, except where the parties are insolvent. Indiana : Hon. Conrad Baker. — I do not think, as a general rule, that allowing a salary injuriously affects their fidelity. Michigan : II. K. Clahkr, Esq. — Salaries may, and in some instances, doubt- less, do, lead to the neglect of cases that ought to be prosecuted ; but, in my judgment, making the compensation to depend entinly upon the amount of business done would lead to other and muc\i 520 APPENDIX. greater evils in the opposite direction. An uprip^'tf mil competent prosecutor ought to have a liberal salary. For tiic unworthy and incompetent no method of compensation can be (iv -ned with any confidence that it will not prove excessive. H. A. Morrow, Esq.— The system of paying salaries to public prosecutors is altogether preferable to that of paying fees. The latter system has a most pernicious effect on the officer. It is a strong inducement to multiply cases, and is injurious to the public in a variety of ways. Question XXI. To what extent in general are forfeited recognizances enforced, and bail money collected? • Answers. Massachusetts: Geo. W. Searle, Esq. — There«is, I suspect, much and unnec- essary neglect in this respect; I am not able to make more specitic answer. \- New Hampshire: S. D. Bell. — No data are known for an answer. Connecticut: Walter Pitkin, Esq. — Forfeited and bail money collected almost invariably. recognizances are enforced New Jersey: Cortlandt Parker, Esq. — There is great want of system and thoroughness in enforcing forfeited recognizances and collecting justices' fines. No spccuil direction is given by law to these moneys. Bail money goes to the state; fines to the county. The law in regard to both of them will soon need revision, if it docs not now. The subject grows daily in importance. John Hegeman, Esq. — Forfeited recognizances in this (Mercer) county are generally enforced, and the bail money collected, when the recognizance is duly taken and the bail responsible — which is not always the case. Maryland: A. 8TKHLING, Esq. — Recognizances are not rigidly enforced. In Baltimore, the bail is liable to an attachment again.st his per* son on the failure of the party to perform, and this has a good effect in securing the appearance of parties bailed. Practically, APPENDIX, m since Judge Boiul has been on the l>ench, the effect has been gootl. The bail system is not rigid anywhere, and can scarcely bo made so. If the bail is innocent of aiding an escape, and is poor and cannot find the party, eqnitablo considerations and kind feelings will keep the officers of the law from being rigid, and it is dim- cult to provide a remedy. If the bail is able to produce the party, he is generally made to do so here, or to pay the money. Pcnnsvlvania: J. J. BakciuVY, Esq. — To a very limited extent. Kentucky: See Question XX., Kentucky, «»y>m. Indiana: Hon. Conrad Baker. — I cannot answer this question. Tiic number of remissions of forfeitures by the governor is not large, and I have heard no general complaint of want of tidelity in enforcing the collection of forfeited recognizancos. Michigan: H. A. Momtow, Esq. — Very seldom indeed is a forfeited recog- nizance enforced by the collection of the money. A system for entering immediate judgment on forfeited recognizancos should be devised; an action on the bond is usually unsuecoHsful. Innne- diate judgments are entered on forfeited l)onds in the recorder's court of tlie city of Detroit, and it is foiuid to work admirably. Diu'ing the live years of my administration in that court, there were not over a half dozen recognizances forfeited. The party seldom failed to appear when it Avas known that immediate judg- ment would be entered on his bond. Question XXII. How as to justice's fines — is there a rigid system of account- ability here, or are matters in this department left at loose ends? If the former, what is the system? If the latter, what remedy can you suggest? Answers. Massachusetts: Geo. W. Seaule, Esq. — This (|Ueslion I nm unable to answer from personal information, but I think the general laws, the reports of the attorney-general, and other reports of this slate in the possession of the association, will afford the desired informa- tion. 522 APPENDIX. New Hampshire: Hon. S. D. Bell. — No data are known for an answer to this question. The law requires all public officers who receive money as fines, costs or forfeitures, to settle an account annually. I have the impression that little money is paid by justices into the public treasury, and that the system of accountability is practi- cally ineftective. Perhaps the first step to remedy this, would be to reduce the number of those magistrates. Connecticut: W. PrriviN, Esq. — Finos collected by justices, unless otherwise specially disposed of, belong to the treasury of the towns where the offences are committed. I am unable to find that our law provides any system of accountability in this matter. It would seem proper in this, as in other cases, to require from the custo- dians of public funds at least an annual sworn statement of the condition of such funds. New Jersey: For Mr. Park;'r's answer see Question XXI, Now Jersey, snjn'a. John F. Hkokman, Ksq. — It is very rare that fines are imposed by a just ice, except as penalties, and then they are alinost inva- riably paid over as the statute directs. It is so seldom the cose, that there is no s}/«(em about it in this county. Pcnn»tylvania: J. J. Bauclay, Esq. — There is a system in Philadelphia Co., b\it it is left "at loose ends." The only remedy which can at present be suggested is the enactment ot a law, obliging every justice to make a return of each case with the names of the parties monthly, said return to be published in n daily newspaper under a severe penally. Maryland: A. Stkhmnc, Jh., Ehq. — JuHtices of the peace aro re(iuired to account to the county clerks for all thum collected ity them which are by law payable into the Ntate treasury, and to the county and municipal authorities for all tines nhich by law are payalde to tlu^ county treasury. They report rcguUnly, Miongh there have been failures t(» lie exact, mainly due to tlie election of jiistices for short terms which formerly prevailed. Kentucky: E. L. Van Winklk, Esq.— JuNtices' lines are collected and paid to the tiMiMtiM'H of tlic jury fund — lln>y report twice a vrai' on onth to tin* ♦nisttM'H, imd ihe latter report to the Htiil«< amiilor. Con Ntables do the ctdlec'ing and are suUiciently rigid. APPENDIX. 523 [Assuming that the object of this qucition is to ascertain whether petty offenses are sufficiently punished by justices' tines] I take it that petty offenses are sufficiently punished by the present system. I am thoroughly impressed with the conviction that legal enact- ments in many of the minor offenses arc vithout any beneficial cflccts so far as the punishment is concerned, as the justices are not appealed to once in ten cases, except in that class involving personal iiijury, which prompts the enforcement of the penalty. Indiana. Hon. CoNKAD Baker. — I think, as a general rule, fines by jus- tices of the peace ju'o collected and accounted for. Justices are required, at stated periods, to make reports under oath to the clerk of the circuit, showing the fines assessed and collected by them and the disposition made thereof. For any failure of duty in this respect they are piuiisliuble, and also they and their sureties are liable on their otiicial bonds. Michigan: II. K. Claukk, Esq. — Tlicre is a rigid system of accountability in the collection of tines imposed by justices of the peace or by the higher courts. I know of no l)etter remedy for this evil than to devote I)y law all tines to the maintenance of some fund which the people have an interest in increasing, and providing for a lib- eral compensation to some officer to collect them, to he paid by connnissionerH out of the sums collected. The collecting oflicer should be a))pointed by the custodians of the fund, or those who huvu in charge tlie object which tiie fund is desi^,iiud to promote. (iUEPTION XXIII. Is any sp'^cial direction given to moneys collected in this way, looking to Nome public objtu't (as, for example, the increaNtt of school liltraricH), or do they go into the treasury of the county for general [)urpoMe»? Annwuhs. MiiMsMclniscllN.' Okoikik \V. Sr„vui,E, Kst). — They go Into the trcasm-y of the stale for g(>Mi'i'tii pin poses. I Sow Ilaiiipsjiiro: Hon. S. [). Hkij., — Fines and forfVltures are generally payable to till' counties in aid of tlu'ir general funds. In sonir caM>N they are puid lo towns for liU<« piirpohen. Tlicy are rarely devoted to such objrctM lis sclitxd liliraries. In some cases they go to the suppoii of I lie |iiMii'. Fortcitures aru applied, in some eaies, to inuuumil'y proieeutur*. ii :l li ii! i! 524 APPENDIX, Connecticut: See answer to Question XXII, Connecticut, siuj)i'a. New Jei'sey: See Question XXI, New Jersey, svjnv, for Mr. Parker's answer. John F. Heoeman, Esq. — Such moneys almost universally go to some public object, as the poor, or the state or county. Pennsylvania: J. J. Bamclay, Esq. — In Philadelphia into the city treasury. Kentucky: . . No answer. Maryland: A. Stkiiuno, Esq. — Fines imposed by statute, excepi for viola- tion of tiu» license laws, go (o the counties, i-oinnion law tines to the state. In Baltimore, one-half of all tines go to the municipal corporation, except those for bawdy housos, which go by statute to the support of the dispensatories <»r fn-e apothccaiy shops, of ■which there are throe, with a corps of physicians attaclu'd, and >vhich are supplied from this source and by ))riviitc contribution. Indiana: Hon. CoNiiAi) Hakku. — By the constitution of the state, all lines and forfeitures belong to the conunon school fund. Michigan: II. K. Ci.AUKK. — The constitution of the slut*' jnovides that all lines for iniy breai'h of llu' piiinl laws shall be i-.xcliisividy applied to the HU[)[iort of township librari«'s. QIKHTION XXIV. Are polic('n\en and constables found to be guilty, t(» auyconnid- erable extent, of corruption in the administration of their otliees? Answehm. MassachusettH! (iKo. W. Seahi.k, F.n cities ure guilty ot'con iiptiou to avery considerable extent in the administration of llieir oltices, especiidly in regiird to druidsl. Tlus prisonor's only rhanco for juslict' In };(MU'- rally an apjx'al. Tliis is oxponsive, dilatory, and, if friondU'ss, involvinir an ii.iprisonniont in jail for want of hail, quite as to.^ as Ihe ordinary sentence would he. Hut the dr am shop, (lu hrothol, and the ^anihlin*;^ rooms (oo often find a friendly ally, if not a patron, in the polieeman. It has hoen rep(U'ted that they draw a rejxular stipend for relieenee from sueh estahlishnieiits on their l)(>ats, and the faet of their notorious hostility to tlie ollieers of ihi^ state eoDslahulary in their prosecutions, h^nds countenance to this theory. The remedi«'s for these evils will he found in the causes which produce tlu'm. A hij;her tone of chantclcr must he sought for in the polic(>man; he nmst he a just, humane, and incorrupt ilile num. For such men, higher prices nmst he paid than ar(> now paid ))olicemen. With the pntsent salary an inferior order of cheap iiumi are cnploycd, and tlu* need of incrcasinjjj their ri'Vi'UUcs liy contrihuiions from such sonncs, is iilm.)st irre- sistihie. It Jiiay he (|Ucstionernmeut of \\u> ixilice ftU'ci^ may als«) "iced rclorminij;. Ol' conrs»>, it. may he ar;;ued that the rou;;h (pialities which arc en<;cn(icred of such contact may tit th(> p<)lic<>man for tlH> coarser duties of his oilic(^ in tlu^ detection of notorious (riminals; hut it is u fulse Nocial justice which would set a ro^ue to cutch a ro^uc whctlur such oIlictMs are accustomed to accept hriltcs from criuiuiuls to keep still or let them slip, I (|nestion; hut indirectly, sn«h men arc in the pay (»f an enterprising criminal lawyer to whom Ihry, lor u coiisidei'Mlion, recommend the prisoners, und at the trial, tlM- gov- ernment n case mill/, nr nitli/ hotylti'iMik' don'n iivvui'iliiit/ (o in-nitn- If (his (juestion in the use of the phrase ' foittxi to !>« jjfiiilty," is inlend«>(l to relate to prosecutions >< I con.ictions of poliretncn and eouslaldes in the courts >'i' to thcii di>sMl, the ansvtcr iniMf he, that tlx're is seldom sUeh tin ocMiiiencc, liut the occiimuhi of this is helicved |o he, not th>- uliscnce of just cause, hut iVoni tho want of an etliciciit, smnmary ' d regular syHleiu of aecountiduiily hcfor«< some l>oard espi'eiall_\ i h.iij^ed .«itii the h luiuj^ and invi's- tigation of all (dd that our eonstaldcs anr their respective ()l1ic(*KAiti . I.^q. \Vilnei««eH liri' im)'»'iM>ned in the 4Mrt«r'^ apHrtiix lit, and not trith the prisoner* H>r< 4t I for crime. '"'■■ i's htiK' diserelionary power tn allow (lnni < onipensMlion •!' (ii'v loss of lime. VPPENDIS. 527 Connecticut: Waltku Pitkin, Esq. — There is no liiw in our state for tho imprisonment of witnestjcs. Now Jersey: Coim-ANDT J*Ai{KRn, Esq. — It is u Mot upon otir system of rri'n)iiiiil uroeeeilluj^s llmt Avifnes.ses, wlioniv i:iq)risoni(l to secure their testimony, ar(> eoutined in ll)e inhal)ite(l hy framhilent debtors. Kllbrt is nnuh', and it is lielieved irenerally with success, to separate lhen» from criminals in most other counties. Hut it is u shame (lint no more is ih)ne. They should have jileasant apartments, and all liherty consistent with securing; their testimony. In Ks^-v^' county, l!i(> jjrHctiee \n to ^ive them Aviinese. fees in the cause i>r causes in which they linally testify for all the time they mv detaine«l. I helieve this l)raclice obtains generally. ]hit it is shameful that so little atten- tion is p.-iid to this suliject. I lia\'e known sad instances of <:ricv(tus suH'cring hy persons whos«' only oUcuce was, that they had witnessed the commission of a crime, and were, thertjfore, nocv'ssiir}' to tho eufety of the e()nnnuuity. .loiiN F. IIi!»iKNAN, Esvti rnely sehlom eou- tined ii jail to •■cure their ttstiiuouy. When st), they ure not wlxdly . xcliided from perstins connnitted for crime. There is no ])rovision made tor their compenHut ion for loss «>f time while con- lined. They would not l»e so routined, I'xcepl for very high erinu', and theie ure not unuiy < I MUeh in this (Mereer) county. Pennsylvania: .l.il. Uauci.av, Ksq. — In Philailclpliiatliey arc iK»t so im|tiis(»ned, lint are l\C[it in the "delilor's apartment.'' The^' ure paid u muuII compensation. Maryland: A. SiKUMNo, jr., Fisq. In our county jails, there is lilth< or no s(>paration of witiavsses froui persons <'liargcd with criinea. In Hidlimore, tli(> Jail is a very superior Iniilding, and veiy coud'ort- aldc, and the rooms allotted to witnesses are as good as could Itu allotted to witnesses in any system, hilt lliryare no! systemati- cally separated, ihough paitinl ellorts have Iteen made to do so. Ai entire sepaiiilioii is greatly to he (h'sired. Witnesses in jail are paid a per diem of Hjit. Kentucky: No answer. I 628 APPENDIX. Indiana: Hoy. Conrad Baker. — It is a very rare occurrence in this state that witnesses are imprisoned to secure their testimony. Tliere is uo provision for compensating them for loss of time. Michigan: II. K. Clarke, Esq. — Sometimes they are, hut not alwaj'S. Their compensation, like that of all other witnesses in criminal cases, is entirely at the discretion of the board of supervisors, except in cases ^yhere a satisfactory showing is made to the court, that a witness is poor; in which case the court has power to direct the payment of an allowance out of the county treasury. Question XXVI. Has the death penalty been abolished? If not, for what offenses is it intlictod? If it has been abolished, for how long a period has the new system been in lx)rce, and what effect, if any, has it had in increasing or diminishing the crimes for which it was formerly inflicted. s Answers. Massaclnisetts: '^y Geor(ie W. Searle, Esq. — The death penalty has not been abolished; it is enforce \hv single ease of murder in the first degree. Opinions ditleras to the effect of Its disuse, in many eases whore the law (oinierly would have inflicted it. No means exist to determine the fiuestioiL ('onneet'cut: Walth- I'll kin, Esq. — The death penalty is inflicted for treason, nnirdor iu the tirst logree, and ari*<»n ruusing death. New .JorNcyt CoKTiANDT rARKEK, EsQ. — The death penalty has not been abflishi'd fo. ' uin . niid treason, nor do I think it evi>r will Iki in \«-vv .Jcrs( . There are f« ' wb«» desire it — noiu' who ojienly ftdviMMfc it. Vo atlmipl in Imit direction hii-« tM*ii made. It is f»'lt to bi> thf only elicck upon (Iioh* wliosr pax-ions impel tlicin to t'xtnune vioh'uee. lf» existence does not increase the difhenlty of obtaining viM-dieN, not even in circinnNtanlial eaneN. The s(d«nniitv of the issne in nuiider trials nuik* s jjirors ean'ttd, but not captions. Whenever tin- «leath ot a fellow creature is delH)- enitely coinpassud, ami tiie ease is really proven, there ia uo Mcapo. APPENDIX. 529 On several occasions, where men have been on trial for life in New Jersey, the jurors established regular morning and evening prayer during their confinement together, and immediately on retiring for final deliberation, knelt together while one implored wisdom from above. Such jurors do their duty. John F. Hegeman, Esq. — The death penalty has not been abolished. It is inflicted for treason and murder in the first degree. Pennsylvania; J. J. Barclay, Esq. — It has not; but it is inflicted for murder of the first degree alone. Maryland: A. Steulino, Jk., Esq. — The death penalty exists for murder with premeditation, for rape and arson; in the two latter cases discretionary with the judge. Ttontucky ; E. L. Van Winkle, Esq. — The death penalty, as before stated, has not been abolished. I believe that a chanjjo in our criminal law abolishin. This discrotion has existed sinoo 1841, and is licliovetl to be an iniprovcMuont on tlie prcwions U'giwhilion, whioh made deatli tho penalty in all eases of treason anil uuudcr in the first degree. INIichijxan: II. K. Cr.vuK, Eh(,>. — The j,vin'ii>h> of (ho death [xMially has been retaineil, that ix'ing (he piniishntent which is prescribiMl for treason against theH(at« ; hut it has been fmivtkalhj abolished, m If is all(»\vcd in n«» other c;isc, sine** the general revision of tho HiahileM in 184(1, which took eH'cel in March, 1847. What ellect this change has had upon th'> eonnnission of the crime, It is not very easy |o say. T know I hat tho opinion has been exi)resseor would be twenty- three in five years, among a population, which at the beginning of the period, numbered 212,267. Passing over the next period of five years ; that being the one during which the change in the law takes place, and estimating the probable numinu' of murders committed from 1850 to 18G4 included, by the actual reports in the same manner as before, a total of thirty — an in^.'cjise of seven. But the population had increased from 212,207 at the beginning of the first period (1840) of five years, to 397, ($54 at the beginning of the third, (1850); and if crime liad increased with the population, then the actual num- ber of murders connnitted should have been forty.three ; and thus, though an actual increase of al)out twenty-five per cent is shown, there is a decrease relatively to the population of about the same percentage. The fourth period, however, (fnmi 1855 to 1859), shows a largo increase. Ascertained in tiie same manner as before, the number of murders committed arc now one hundred and eighteen, while the numl»er, if no greater in proportion to the increased popula- tion than from 1840 to 1^44, woubl have been only fifty-six ; an increase of only fifty-six per cent. To what shall wo attribute this great increase? To the n(»w well understood fact which has reached all classes oi the community, so that it may be renMonabiy supposed to inlluenee the conduct of men — that murder is only a Htate prison oilence ; and that its real tin'pitude has diminished in (he [topular apprehension in the ratii) ot punislnnent? Perhaps But then, what shall we do with the fimt^ asexhihited during «<). the next live years, from 18()0 to 1804 ? The actual and estimated number of n\in'ders during this period amounts to eighty-three ; but no mon^ than (he [)roportion at (ho coinmeneement of the period, by the satno method of oumputatiun, would re(j[uire scarcely 532 APPENDIX. eighty-one. Shall we attribute the relative diminution to the war which had drawn ofl' to other «cenes the more turbulent spirits, who, if not thus employed would have greatly increased the airgre- gnto of crime ? This is certainly a reasonable 1m pothesis. Put it is evident that the data are, as yet, too few and too uncertain to base on them any satisfactory conclusions jw to the effect which the abolition of this state of the death penalt} h is had on increasing or diminshing the crimes for which it waa formerly inflicted. They certainly do not prove a diminution of crime ; whether there l)e really an increase, and whether that increase be attributable to this cause, are questions Avhich nnist depend, for their solution, upon a much more accurate analysis of facts than I have been able to make, and, pehaps, upon the consideration of a much wider range of operating and influencing causes. II. A. Morrow, Esq. — Yes, since 1846. It has not had the efl'ect to increase the crime of murder. • Question XXVII. Has the method of indictment by a grand jury been abolished in your state, and if so, what system has been substituted in its place, and what has been found to be the operation of the new system ? Please state your opinion on this point, and the grounds of it. If not abolished, has any attempt in that direction been made? , Answers. Massachusetts : Geo. W. Seaule, Esq. — Indictment by a grand jury is still retsiin.cd; and no eflbrt at the abolition of the grand jury system hns bt'v'M attempted. 1 think all e.>; parte hearings objectionable, ttiid I'uil, the grand jury system will yet bo abolished. New Hampshire : Hon. S. I). WvAA.. — Indictments are not abolished. By our con- st iliit ion no pci'son can i;«> convicted of a capilal or infamous cri»ne, c-\co})t on indictment. In misdemeanors, iniormations by the at- torney general or solicitor are sustained, and are occasionally tiled. I'i'o.sceutions before justices of the peace are commenced by com- pliiiut, and are tiicd, evi n on a)q)eal, on such (■onq)laint. Justices have the usual power (o bind ovcm' to a higher court for trial for oU'enees bey<»niis are re(|uired. No attempt has been made to cliangc the sy-*tein. It is regarded as one of the most important safeguards of tile pul)lic liberty. Connecticut : W. PrriciN, Ks(|. — It is not necessary in ('(»nnecliciit that an in- dictment 1)0 fountl l)y a graiul jiwy, except for olleuces punishable by death, and in our practice it is conlined to such cases. APPENDIX. 533 New Jersey : CoRTLANUT Pakker, Esq. — We adhere to the common law sys- tem of indictments. No man is tried, except he waive his privi- lege, without indictment. And the constitution guarantees this and trial by jury. It might be better perhaps, in minor offences, to dispense with or modify these provisions. J. F. Hegeman, Esq. — The method of presenting crime by in- dictment by grand jury has not been abolished; hardly even sug- gested to abolish it. Pennsylvania : J. J. Barclay, Esq. — It has not been abolished, and it is hoped it never will be. Some modify ' >n might be made, whereby the prisoner or defendant in mi> the grand jury upon a bil Some general effort has be< assumed no definite shape. (mors might waive the action of <1 by the district attorney. n this direction, but it has Maryland : A. Steruno, Jr., Esq. — The method of indictment by grand jury remains as at common law. Kentucky : E. L. ViVN Winkle, Esq. — The grand jury has not been abolished, nor has any attempt been made in that direction. Indiana: Hon. Conrad Baker. — It has been abolished as to misdemeanors, but ViOt as to felonies. The substitute in case of misdemeanors is an information by the prosecuting uttornej', based on the atHdavit of some Avitness or person. This system has been in force since 1852, and its effect has been to increase crime by failing to punish the minor offences. It is found by experience that men Avlll not, unless it is made their own duty, inform upon their neighbors for minor offences. The result is, these minor offences go unpunished, and this begets a disregard of law, and increases crime. Michigan : II. K. Clarke, Esq. — The method of indictment by agrand jury has not been abolished ; but a proceeding by iufoiination pre- sented by Ihe prosecuting attorney, is now permitted, which has superseded almost entirely the method of proceeding by Indiet- ment. Grand juries are occasionally stnnnioned when, in the opinion of the court, usually upon the suggestion of the prosecu- ting attorney, any useful purpose will be served by such an older. After about a year's experience of the practical effect of the method of prosecuting accusations by "information," the Hon. Jacob M. Ill IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^^tii *^ lU 12.2 1.1 J.-^ia L2^ III 1.4 M 1.6 f^ >^. v:^v^ >:v /; Photographic Sciences (Jorporation ^ ^ «^ ^ ..*■>• ^ 4» M Witf MAIN ITMIT «VIMTIR,NV MIM 6^ ^ 634 APPENDIX. Howard, then attorney general of the state (now one of the sena* tors representing this state in congress), a gentleman of great ex* perience and ability, and thoroughly competent to express an opinion on the qucs bunals, and has been put in full uniformity. If a prisoner can Krove clearly that through mental disease he did not know the omicido ho comn)ittcd was wrong, he will be acquitted. If he cannot, if his notion was revenge, and he knew that he did what Qod and man forbid, no comparative feebleness of mind, or eooeU' trie hallucination will save him. The rule established in Now Jersey on the Mubjoot of challenges to jurors is, and has been, of great practical luility and importance. In New York and elsewhere. If a man has formed or expressed an opinion as to the guilt or Innoccnoo of the prisoner, he is sot aside. Consequently, men who desire not to be empanelled — a very largo class In capital oases — have only to road, or hoar, and form au opinltui. And the number and enterprise of new^papors practi- cally excludes all Intelligent men, for who does not read and does not make up his mind, so far as informed? In New Jersey the old common law rule prevails. The juror Is to bo sworn to give his verdict upon the ovidenoo. If ho has a malioious bias against either side, so that In oonsetpience, If what he has heard, he Is not likely to keep his oath, then, but only then, Is ho excluded. Suuh BH A?FBND1X. a bias seldom occurs. It must be found to exist by triers. And h^nce, a better class of men for jurers. J. F. HBOEMAir, Esq. — ^There is a great unity- in tiio views and OAarges of our judges touching the insanity of defendants. The law on that subject is well defined, and there is but little variance in the instructions to juries on the -subject. ■! I' Pennsylvania : J. J. Barglat, Esq. — ^There have been differences of opinion, but not to any considerable extent. Chief Justice Gibson, in Gommonwealth va. Moster, 4 Barr, stated the law upon the sub- ject of insanity, and it has remained unchanged. Maryland : A. Stbrlino, Esq. — ^The jury are the judges of fact and law with us, in criminal cnsos, that is, bv our constitution. The judge of course decides all questions arising during the trial. It has never been the practice to charge the jury on the evidence in •criminal cases, nor on the law, unless specifically asked for by counsel. If counsel ask instructions on law, the courts sometimes refuse to let them argue the contrary to the jury, but practice differs a little. The law is generally argued to the jury without any instruction from the court. The jury may, of course, nsk the advice of the court, and, in purclv legal points, unmixed by fact, frequently do so where there is difficulty. Kentucky : E. L. Van Winkle, Esq. — Much contrariety exists in this state in the law of insanity, as expounded by our circuit judges : especially is this the case, where the defence relies upon moral insanity and intellectual monomania. The recent expositions of the law governing, quostiouf of this character, by our appellate court, will doubtless euro this evil at an early day. Indiana : Hon. Conrad Bakkr. — I think no* defence in Indiana. Is is not a fashionable Michigan : H. K. Clarkb, Esq. — I siu i.ot iblo to answer. H. A. Morrow, Esq. — There is a considerable variety of in* •tructions given to juries in this oloss of cases. QuEBTIo^ XXIX. Doos the exercise of the pardoning power unfavorably affect the administration of justice? Is this power so often oxorcisod as; in your judgment, to constitute an abuse thereof? Would it APPENDIX. m be expedient to have this power in any way restricted by law, and if so, what limitutions would, iu your opinion, bo likely to prove wise and eflfective ? Answers. Massachusetts: George W. Sbarle, Esq. — In nSy opinion a too free exercise of the pardoning power has of late years unfavorably affected the administration of justice in various ways. A very long sentence is considered by an expert oriniinal as the most favorable one he can receive, greatly advancing his prospects of release by a par- don at an early day. Many criminals and their friends neglect to make a strong defence whore one really may exist, relying upon subsequent executive clemency. Young people frequently receive such clemency ut the expense of all .-rccurity of the public, and with the jeopardy of the entire criminal fabric as a system of rigorous judgment. New Hampshire: ' Hon. S. D. Bell. — I think judges generally regard the pardon« ing power as operating unfavorably upon the administration of justice. Cases occasionally occur of pardons which astonish the courts before which the trials were had ; but the courts are almost never consulted on the subject, and the grounds of pardons are never communicated to them. I have never known them to sit in judgment on the action of the executive. I have no opinion whether or in what way the pardoning power could be wisely or usefully limited. Connecticut: Walteu Pitkin, Esq. — The pardoning power in this state is vested in the leuislatnro. It is liuliovod by those most conversant with criminal amiirs, that it is in many oases improperly cxorcistMl. Wherever this power resides, its exercise is necessarily a nuitter of discretion, and it would be difHcult, if not impracticable, to define by law the cases or manner in which it muMt be exercised. All that can be done is io locate their discretion where it is most likely to bo exercised intelligently, and *' without fear, favor or hope of reward." New Jersey; (buTLANDT Pahkioh, Esq. — The pordoningpoworof New Jersey is lodged in a court of ])ardonM, so popularly called, composed of the governor, the chancellor, and the six associate judges of (ho court of appeals — (hose, namely, who are not justices of the supreme cour(, The governor must concur in all pardons, The i)lan is not without its merits. It would have been better had the Justices of the supremo court been among its members, instead of 638 APPENDIX. or besides the other judges of the court of appeals. The "court" acts without publicity, and therefore it frequently errs. I think it does " unfavorably affect the administration of justice." Yet its errors are unintentional and not numerous. If it v^ere required that the application for pardon in all cases should be reported upon by the judge and district attorney under whom the ^ppli* cunt was convicted, it would not pardon so often or so wrongfully. J. F. Hegbman, Esq. — J cannot say that the exercise of the par< doning power is abused in this state and operates against justice. It is judiciously exercised upon the whole. In rare cases there may be error, but as a whole there is no ground to interfere with it or restrict it. A complaint against this power, or the abuse of its exercise, is scarcely ever heard. Pennsylvania: J. J. Barolat, Esq. — There has been in time past an abuse of this power, but for several years the executive of this common- wealth, aided by the eminent attorney-general of the state, has adopted a series of rules upon the subject, which have had an excellent effect. This power ought to be placed in the hands of a " court of pardons," to consist of the governor, the judges of the supremo court, and the president of the common pleas, or law associates ; the court to bo composed of a given number (say five members), and the judges to rotate from year to year, say one or two judges of the supreme court, with two of the common pleas. Maryland: ' J. A. Sterlino, Jr., Esq. — The pardoning power is restricted in Maryland so far as to require the governor to give public notice of nil applications, to call on all persons who choose to show cause why a pardon should not be granted, and to report all pardons to the legislature. This ha» had a good effect, though still there has been some injury done to justice, little by our late executive, Qov* ornor Bradford, who has been very careful. His successor has only been in office a few days, and has not had a chance to show hift nractice. The pardoning power, it seems, must rest somewhere, and it cannot bo absohitely guarded against aliuse. ^ Kentucky: E. L. Van Winkle, Ksq. — The pardoning power does often unfavorably affect the ailniinistraticui of justice, and when so, it certainly an abuse of the power. I would, however, bo disiii* vlinod to limit its exorcise until all other remedies were exhausted. If the executive was required to report each case of its exercise, with the U»t of the namt» of petitioner! applying for the pardon, APPENDIX. 639 • A'i. much good would result. That is, if the law required the gover- nor to publish a list of the names of petitioners in an annual report to the legislature merely, without any ulterior object except to give publicity to the action of those procuring the pardon, such legislation would impose a proper restraint upon those who reck- lessly sign all manner of petitions without regard to the merits of any given case, and thus impose upon the executive blame which should properly attach to others. Indiana: Hon. Conrad Baker. — ^I do not think the exercise of the par- doning power does unfavorably affect the administration of justice- It is sparingly and discreetly exercised. I have uo suggestion to make as to its restriction. Michigan: H. K. Clarke, Esq. — I have no doubt that the frequent exor- cise of the pardoning power does unfavorably affect the adminis- tration of justice. The procuring of pardons has become an important practice in criminal cases. I have heard that it is not unusual to include in the counsel fee for a criminal defence, ser- vices to be rendered in procuring a pardon in case of conviction. Yet I do not see where the power to pardon offences can be more safely and appropriately lodged thun with the chief magistrate of a state. H. A. Morrow, Esq. — The exercise of the pardoning power affects most injuriously the administration of criminal justice in this state. It is exorcised too often with too little regard to the crimes committed. It should be restricted by positive law, and the limitation should be this: No pardon should be granted ex- cept on the recommendation of the judge who sontouccd, and only in cases whore now evidence had come to light since the con- viction which would, if produced on the trial, have altered or modified the sentenee. Question XXX. Are persons sentenced fV-r life more fre(|uently pardoned than those imprisoned for a term of years? If yes, what is believed to bo the cause of liio difference? Answers. Massachusetts: Obohok W. Skarlr, Esq. — My impression is that persons son* toneod for life are not more frequently pardoned than thoMc im- prisoned for a term of years. Ibo reuson doul)tloMs is that there arc but few original sentences for life, and those prisoners who •are there for lite have had capital sontenoos commuted to a lifo ua APPENDIX. 1^' imprisonment; and it would probably be a rare case of that kind which would meet with executive pardon. New Hampshire: Hon. S. D. Bell. — No data are known for an opinion on this question. Connecticut: W. Pitkin, Esq. — Persons imprisoned for life are less frequently pardoned than those imprisoned only for a term of years. New Jersey: C. Parker, Esq. — I am not able to answer this question. We have no imprisonment for life. J. F. Hegeman, Esq. — I cannot answer this question. I don't think there is any diiference caused by the term of the imprison- ment. The grounds of pardon are generally health, repentance doubt as to the evidence which convicted, new evidence, and gen eral considerations of public policy. Pennsylvania: J. J. Barclay, Esq. — This question cannot bo answered, as we believe imprisonment for life is not a penalty inflicted in Penu> sylvania by the code. Maryland: A. S^ERLiNO, Jr., Esq. — We have no life sentences except by the force of a oonmmtatiou of death. There are, I think, more pardons in short than long terms. In the very long ones the party becomes forgotten somewhat, while the shorter ones are more restless and their friends morn active. Agaio, the shorter ones generally have som^ element of allevia- tion in their cases. It is somewhat the custom, too, to pardon convicts on good behavior a short time before the expiration of their sentence. Kentucky: No answer. V Indiana: Hon. Conrad Baker. — I do not believe persons sentenced for life are more frequently pardoned than those imprisoned for a term of years, but my information is not full on tins point. Michigan: H. K. Clarke, Esq. — I do not know that this Is S9. (' 0^ APPENDIX. HI Question' XXXI. Is there in your state a system of annual returns of criminal statistics? If so, what are the items of information embraced in it, and to what officer are the returns made? Answers. Massachusetts: George W. Searle, Esq. — There are somewhat extonsiye returns of criminal statistics, but there is no unit system. See reports of Attorney-Oeueral and the various reports of the pri- sons in Massachusetts, in the library of the New York Prison Association, for the answer to the remainder of this question. New Hampshire: Hon. S, D. Bell. — There is no system of returns of criminal statistics. Connecticut: Walter Pitkin, Ksq. — There is in this state no system, strictly speaking, of returns of criminal statistics. An annual report in, however, made to the legislature by the superintendent of the state prison and the jailors of the several counties, of all facts and transactions within their respective departments, with many important classifications. Now Jersey: C. Parker, Esq. — There is no system of annual returns of crim- inal statistics. * J. F. Heoeman. — I have seen state prison returns sotting forth the number of prisoners, their ages, sexes, color, crimes, nation- ality, whether able to read and write, Ac, but I cannot now lay my hand upon any statute requinng this to be lone. Note. — I find the statute requiring the Stu I'rison Inspectors to report such returns yearly to the Legislature. Nixon^a Digest^ page 812. Pennsylvania: J. J. Barclay, Esq. — Inspectors of prisons report to the legisla- ture at each annual soasion; the items are those usually embraced in such reports, and roforenco can be made to these reports. Maryland : A. STKRiiiNO, .iR., Esq. — Tho beard of police in Baltimore, make a report to the legislature, of arrests and their causes and of tho disposition made of tho parties. Tho managers of the house of refuge report to the legislature, lilso the diructors of the peniten- tiary. The grand Jury of the city make a report to tho criminal 512 APPENDIX. K .!3 court, of the condition of the jail and penitentiary, the number of prisoners and their alleged offences, the age, sex and color are severally specified, but these reports are not digested, nor made into any general system. Kentucky: E. S. Van Winkle, Esq. — We have no system of annual returns of criminal statistics, except that shown by the keeper of the peni- tentiary, which simply contains the names of convicts, the crime for which they were convicted, the county where done and the term of confiuement. Indiana: Hon. Conrad Baker, — There is no such system of returns. Michigan: H. K. Clarke, Esq. — The only system of annual returns of criminal statistics, provided for m this state, is that which is con- templated b}'^ the law, requiring prosecuting attorneys to make annual reports to the attorney general. The neglect of this di^ty renders the officer liable to a penalty of 'fifty dollars. The viola- tions of the obligation are numerous, but prosecutions for the penalty, I believe, are unkiiown. The annual reports of the inspectors of state prison, are published in the annual volume of "Joint Documents," and certain items that may be regarded as of a statistical character. Question XXXII. Has any code of criminal procedure been adopted, or does the common law practice in the main prevail. Answers. Massachusetts: Geo. W. Seaule, Esq. — There is no code of criminal procedure; one is much needed. New Hampshire: v, Hon. 8. D. Beel, — No code of criminal procedure has boon adopted. The common law practice prevails, us modified by curly usage and numerous statutes. Connecticut: W. Pitkin, Esq. — Our criminal practice is substantially that of the common law. rei APPENDDt. 643 New Jersey: C. Parker, Esq. — ^No code of criminal procedure has been adopted; the common law practice in the main prevails. Pennsylvania: J. J. Barclay, Esq. — Yea, the present ci'iminal code, already referred to, was adopted in 1860. Maryland: A. Sterling jr., Esq. — ^We have no codification of criminal law. Our code is a mere digest of statute law. ' Kentucky: E. S. Van Winkle, Esq. — We have an entire new system of criminal procedure, known as the criminal code; nevertheless, we preserve the substance of the old in all its essential features, with* out its useless formalities. Indiana: Hon. Conrad Baker, — ^Ve have a practice act, but the common law in the main prevails. Michigan : H. K. Clarke, Esq. — The common law practice remains in full force, with hut two exceptions, as I now remember, viz., the accu* satiou by information instead of by indictment, as specified in answer to interrogatory No. 27, and the change \vhich permits a prisoner to make an unsworn statement of facts, which the jury are allowed to consider in making up their verdict. Question XXXIII. What, in your judgment, if any, are the defects in the existing system of criminal procedure, and what suggestions can you offer on the subject of improvements to be made tnerein ? Answers. Massachusetts: Geo. W. Searle, Esq. — For my ideas on the defects of our sys- tem of criminal procedure, and for some suggestions on the subject of improvements to be made, see my article on the Penal System of Masaachuaetta, in the annual report of the Prison Association iov 1864. Now Hampshire: Hon. S. D. Bell. — I am not prepared to suggest defects or im- provements iu our system. 544 ▲PPKNDIX. Connecticut: "Walter Pitkin, Esq. — A proper answer to this question would require a more elaborate examination of our entire system (and indeed of tlie systems in the other states, by way of comparison), than I have been able to give it. New Jersey: C. Parker, Esq. — ^This last question I hardly venture to answer. Undoubtedly there are defects in the criminal law of New Jersey. No law can be perfect. The merit of our state is, that her legisla- tors have reverenced the common law, and been very careful to avoid making many changes of its provisions. One great excel- lence of the common law is its expansive power. No changes in society can affect its force. It strives to punish all moral crime which is injurious to the community. New Jersey, guided here by the calm and judicious mind of Judge Paterson, one of the most profound jurists and excellent men the country has produced, first re-enacted the criminal code of England, as found on her statute book, and then provided that all offences against the common law should be properly punished. The defects of the system of New Jersey are, therefore, 'for the most part, those of the common law; and one is the system of pleading. It is altogether too precise and rigorous. Ancient law was too severe. The penalty for almost everything wjis death. Hence judges set themselv'S to work to find ways of escape for the poor creatures accused of minor crimes. The result was the escape of many flagrant offenders, through the rigor of the rules adopted by ancient judges. Were I a legislator, I would enact hero the code for pleading, established a few years ago in England, remark- able, above all others, for its simplicity and comprehensiveness; and I would, besides, authorize any amendment at or before trial, which appeared necessary and fair. Another serious defect is the absence of any officer whoso duty it is to SCO to the prevention and detection of crime. We have no district attorneys; we have only prosecutors of the pleas — that is, officers whoso duty it is to prosecute what grand juries indict, not to see to it that all offences are indicted. Keeping the mode of emolument as it is, dependent on success, and giving prosecutors the task of prevention and detection, it is cany to see how diligent they might be found. Crime mostly springs from intemperance. As the law now stands, the prosecutor who aims at checking this, l)y indicting rum sellers, is a simple volunteer — his motive gain. Make it his duty and retain the motive, and ho would be likely, generally, to show much, though it is hoped not too much, dili- gence. Another serious defect is the modo of selecting grand and petit juries. The sheriff selects grand juries. lie is elected by the peo- ple. They then, mediately, select the grand jury. If they choose a g< mor oft tim< wh( elec shoi APPENDIX. 545 would m (and I'isou), a good sReriff, n nmn of duty, depend upon it tho stnndurd ot* morals is high; and so if otherwise. As the sliontT, so tho nioruls of the county. Yet that officer, being eligible each year throo times, is tempted to pander to the powerful class of citizens, whoso business is serving drink to other people. He should bo elected for three years, and not be re-el igiblo; and grand Juries should bo selected, in part, l>y tho supreme court judge of tho cir- cuit. The petit Juries, too, should be selected mure carefully than thoy are. • But after all, these are but small matters, coinparativoly. It is tho happiness uf Jersey men to live in a state where law is care- fully and, for tho most part, justly administered; where the rights of life, liberty and property are thoroughly protected; where honest men thrive, and tho dishonest and criminal very rarely escape punishment. John F. Heoeman, Esq. — Tho mode of procedure is not miich defective; it would bo hard to suggest material improvements. A multitude of snudl offences — •'misdenioanors, arising out of tho liquor laws, Sunday laws and petit larcenies, common assaults, &c., — in tho cities, ought to be punished more promptly, more certainly and less expcn; ively, by nnniicipal polico courts. By depending on a county grand jtny, a largo number are passu ci by without any notice and punishment whatever — I speak of this county, and Trenton as tho city. Another improvement would bo in increasing tho number of peremptory challenges on tho part of tho state. We now havo ou\yfovr. There are more than this number of Jurors on a panel of forty-eight who sympathise with every criminal defendant, and will, if possilile, acquit either for reward or sympathy. The costs on an indictment in case of conviction are too /n'ffh. Jurors are reluctant to convict in many ()r, and where the costs will fall on tho state or county ultimately in case of conviction. Tho mode of procedure is not defective, but tho want of integ- rity and impartiality in the juroi's and in the officers who aid in administering tho law, is tho great want. Intelligent and con- scientious men could do all that is required or dosiralilo under tho present mode of procediU'c. A pure public morality, h gospel regeneration, a wide [)ervading religious sentiment — tliose arc what we need to insure a faithful adnnnistration of criminal law. We have more of those than some localities have, but our hope is just hero. Pennsylvania: J. J. Bakclav, Esq. — There aro defects, of coiu-se, in tho present system, l)ut in praclioo these defects aro to l»o ol»served in tho working of tho system in largo cities rather than in the couu* try districts. [Assom. No. 35.] 8S 546 APPENDIX. In the country, where the population is small, the courts have abundant time to dispose of all cases, and the delays are not lengthy, but in a city like Philadelphia, the population being large, cases are very numerous, and various causes contribute to produce untortunnte results, for — Ist. The connnitting magistrates are elected, and men are gene- rail}' chosen who have no knowledge of law, and who, in many cases, being paid bi/ fees, endeavor to increase their own gains, having no regard to the welfllre of the public; in many instances, cases are sealed by the dischai'ge of the party arrested, or insuffi> cient bail is taken, and the prisoner thus escapes. It is unneces- sary to enlarge upon the defects of this system, as it can at once be understood bj' any person familiar with the administration of criminal justice. This is the chief defect in our system. 2d. After cases are returned to court, they are sj numerous that it is almost impossible to try them, and hence many delays take place, but this defect, it is believed, will be remedied by increas- mg the judicial force. In the criminal cod'^, a large discretion is vested in the courts, and as long as the judges bring to the performance of their duties honest hearts, a reasonable amount of legal learning and common sense, the system will be found to bo an admirable one, and it is hoped that the day will not soon arrive when the judges will bo selected without reference to individual merit. At present the system works very well, reference being had to the powers of tho judge alone. Maryland: A. Sterling, jr.. Esq. — I am in favor of allowing parties charged with crime to testify in their own behalf, believing that it will protect innocence and punish guilt. I think that many of tho technicalities of criminal law might safely be removed, keep- ing the sul>stantial barriers of elearnesH and detinitenoss of charges of crime. This has been somewhat done here by allowing limited amendments of indictments. Tho criminal procedure, though, is generally the most seientitic and best detinod Itranch of the law. l{ef(U'niHtory inNtitutions are tho nu>st important. Specially es8en> tial are the reformation and punishment of the erinnnal classes of children. The criminals who perpetrate crimes in cold blood fenerally begin young, and seldom reform after 20 years of ago. f they can bo taken before U) or IH, they niav be reformed, and everything ought to bo done to (ake these children and change their habits and character by reim ving them from the cireum- stances among which they are growing up. I think, good as the houses of refuge are, the children are too much together there. They ought to lie more diHuHeil and separated. We liave had a manual labtu* school, a house of refuge, a home for fenmie /agrant children, au aid society which takes children not charged with APPENDIX. 547 crime, but of the vagrant class, and 3ends them to the comitry; but in all our cities we want more means of this sort. Kentucky: E. L. Van Winkle, Esq. — I have no suggestions in regard to tlie improvement of our criminal system of procedure, ex?ept adding mom stringent rules for courts in determi; ing the suffi- jiencj' of bail, and the grounds for postponement of trials, for herein lies the principal source of escape from punishment in tho admiuistratiou of criminal law iu Kentucky, &c. Indiana: Hon. C Bakkr. — The prominent defects in the existing system of criminal procedure are, in my judgment, two, and both have their origin in the innovations made in 1852. The Jirst consists in taking from the grand juries their jurisdic- tion over misdemeanors; the second, in giving to the defendants' attorney in all prosecutions, the right to make tho closing argu- ment to the jury. A return to tho ancient landmarks on these two points, with an increased rate of compensation to tho prosecuting attorneys, such as would induce men of a higher order of talent to accept these positions, would add greatly to tho etHciency of our system. As it is, my bcliet is that it will compare favorably, so far as results are concerned, with tho systems of other states of the union. Michigan : H. K. Clauke, Esq. — I have nothing to ofler in reply to this question. I *>• * • «. » ■ ./. I