SENATE...... SPECIAL REPORT ON PRISONS AND PRISON DISCIPLINE, MADE UNDER AUTHORITY OF TIHE i) ~ BOARD OF STATE CHARITIES. BY THiE SECRETARY OF THE BOARD. BOS T ON: WRIGHT & POTTER, STATE PRINTERS, NO. 4 SPRING LANE. 1 8 6 5. ...... No. 74. Slav-< 16 I tL 4 P-4 11 , i a;4 JAILS. h 0 ii.19 w 3 E-4 A . 6 ,a'm 9 59 251 .4 t 10 96 404 a.'O A 14 47 102* 130 2 22 93 283 101 2 72 243 63 269 21 2 50 173 1 29 13 31 32 101 2 1 13 20 29 14 60 119 147 2 24 143 506* 1 130 2 233 374 77 317 28 72 136 48 118 233t 251 246. 257 48 131 14 48 7 107 63 269 10 13 14 k 48 2 120 77 317 12 129 78 330 12 11 5 16 16 0 Springfield,. Northampton,. Cambridge,. Concord,.. Lowell,... Nantucket,. Dedham,.. Plymouth,.. Boston,... Fitchburg,.. Worcester,,.. Totals,.. -- - - 1,751 5,031 5,409 t 113 not classified. 66 32 167 16 81 13 20 29 3 73 79 52 196 19 154 2t 145 28 3,361~ 40 134 100 57 221 19 158 2 169 28 3,590 40 134 172 64 367 103 19 237 27 8 .6C 2 131 11 250 28 124 1 137 18 222 56 342 124 23 1,900 31 109 21 5 1,413 9 25 2( 4' 4 1,917 1,267 3,2 3,180 I N, * 50 not classified. 92 PRISONS AND PRISON DISCIPLINE. This is the smallest number of persons committed since 1857 when the returns first began to show the number committed, and also the smallest number of commitments on record. In the year 1862, however, the commitments to the Jails only amounted to 5,211, while this year they are 5,409. The number of persons committed to Jail in 1862 was therefore, probably below 5,000. The total for both Jails and Houses of Correction, committed in 1864, is 8,328, but when the persons twice counted are deducted the true number will be below 8,000. The proportion of minors to adults among these commitments is this year unusually large, (though not shown in this table,) and this is especially true of the commitments of children under fifteen. I have been informed at Newburyport, at Springfield and at several other prisons, that the number of juvenile offenders has never before been so large at those prisons as this year. The next table will give some information on this point. Table XI. exhibits the number of different persons who have been in prison in the different prisons mentioned, from the time when the returns under the new registry law began, until October 1, 1864. For the State Prison and the County Prisons, this period is seven months,- that is, from March to October; for the Hlouses of Industry and Reformation it is four months. In all, however, it includes many who were committed before March 1st, and who were then in prison. At the end of the Table the number of different commitments for these persons is given.. The number of persons is considerably less than that of commitments because many persons have been twice and three times committed, and some more than that. The number of different persons here given is doubtless too great, because any error in searching the registers for duplicate names would be likely to be on that side. If a person for instance had been committed twice in the same prison, he would appear in this table as one person, but if he were committed twice in different prisons, still more, if in different counties, the coincidence of names might not be discovered. Under the old form of questions this sort of error was much more likely to happen than now, but all registers are liable to it, and the more so, the more names they contain. [Mar. 0 SENATE-No. 74. The classification of these different persons is made in part according to the form in use in previous years. I have added and inserted however, many new particulars, and some of these are important. The classification of recommitted persons, for instance, shows that nearly as many females as males have been previously imprisoned, though the proportion of females to the whole number of prisoners is but about two-fifths. It appears also that the number of females who have been in prison three times and upwards is actually greater than that of males. Attention is also particularly directed to the number who have been in the army or navy, and in Reform Schools, and those whose parents were convicts. Annexed to Table XI. are Tables of Crimes and Discharges in the whole State, and following these are the corresponding Tables for each of the County Prisons by itself, with the aggregate for each county; the aggregate for the State being found in Tables XI., XII., and XIII. 1865.1 93 TABLE XI.- Classification of Prtsoners i COUNTY PRISONS. Houses of Jails. Houses ofn Totals. Correction. Whole No. in Prison,....... " " of Males,........ " " of Females,...... " " of Adults,...... " " of Minors,....... " "of White,....... i"'of Colored,.. " " of Natives of this State,. "c of Natives of other States,. " " of Natives of other Countries,. " " who had no Education,.... " who could read and write,.... " " who had a Common School Education, " " who had a Superior Education,. " " who were Married,.. " " who were Intemperate, " " who had Property to the Value of $1,000, " " who had been in the Army tr Navy, " " who had been in the Reform School,. " " whose Parents were both Americans, " " whose Parents were both Temperate, " " whose Parents were both or either Convicts, " " of Males committed once before,. " " of Females, " " ". 3,075 2,019 1,056 2,324 751 3,004 71 *894 415 1,757 946 158 111,924 15 1,643 1,715 137 401 42 705 2,547 86 390 215 5,72t 3,561 2,16'. 4,50', 1,224 5,571 15 t1,53 77 3,40 2,14 31 **3,19 3 3,25 3,68 . 40 72 7 1,32 4,64 20 7E 5C 2,653 1,547 1,106 2,178 475 2,574 79 t641 356 1,650 1,203 164 ~1,270 - 22 1,608 1,965 265 321 30 615 2,096 118 392 286 Whole No. of Males committed twice before, 44 4 of Females " " "1 " " of Males committed three times before, " " of Females " " " " 4 " " of Males committed four times before, " of Females " " " " " " of Males committed five times before, " " of Females " " " ". 4 9 " " of Males committed six times before, " " of Females " " " " " " of Males com'ted more than six times before, " " of Females " " " " " " Total Number of Males who have been in Prison before, " " 4 of Females, " " " 7 Number of Males committed under Fifteen Years of Age, " of Females, " " " " " Total Number of Commitments,.23 4" 4" who have been in Prison before,. 4" " committed under Fifteen Years of Age, * Nin e not stated. ~ Four not stated. 134 119 60 91 29 55 21 17 21 58 36 37 691 592 251 10 3,264 1,283 261 179 171 94 93 54. 60 49 41 29 18 73. 59 870 728 125. 3 2,766 1,598 128 311 291 15, 18,. 811' 7( 7( 9( 1,56' 1,32( 37( 1 t 6,03( 2,88] 38'( t Six not stated. $ Fifteen not stal TABLE XII.- Classification of Crimes i COUNTY PRISONS. Jails. ouses of Totals. Correction. Number committed for Debt, " " as Witnesses,.... " for Murder,.... " for Manslaughter,. for Setting Fires, or Burning, " for Robbery,.. " for Larceny, " for Burglary,.. for Rape, or attempt, " for Adultery,.... " for Lewd Conduct,. " " for Keeping Brothels,. ~" " for Assault,..... 16 60 31 4 37 34 726 20 14 38 11 78 370 6 3 1 3 3 1,30 2 15 6 " 624 21 39 42 265 Number committed for Perjury,.. i" " for Forgery,..... C" " for having or passing Counterfeit Money,..... " for Drunkenness, including Com mon Drunkards,.. " for Violation of Liquor Law,. " " for Vagrancy,.... " for Breaking and Entering,. " " for Stubbornness,.. " for Habitual Truancy,. " " for Idle and Disorderly Conduct,. " for all other Crimes,. " for Crimes of all kinds, excluding debtors and witnesses,.. " " to Jails on Sentence,. c " " for Trial or Examination,. ~ 8 1 8 29 2 81 1,149 131 1,157 76 158 29 2,306 207 158 33 co 4 512 336 8,49( 3,197 1 276 2,921 2,756 5,95, TABLE XIII. — Olassifcation of Discharges COUNTY PRISONS. IJails. Houses of Correction, Number discharged by Writ of Habeas Corpus,. " recognizing or giving Bail,.... " discharged on Expiration of Sentence,.. " discharged by Payment of Fine and Costs,. " discharged as Poor Convicts,.. " Pardoned,........ " Executed....... ' sent to State Prison,.. " sent to Houses of Correction,. sent to Reform School,.. " sent to Nautical Branch,... " sent to Court and not returned,. " Escaped and not retaken,. " of Witnesses discharged,. " discharged by Order of Overseers,.. " discharged by Police Courts,. " discharged for Insanity,.. Totals. 3 402 145 426 77 9 30 140 12 31 379 4 18 908 40,' 1,301 68,' 33( 7E 3( -14C 12 31 379 11 18 70 908 5 1,161 259 256 69 7 7 70 5 O Number discharged for Sickness,... " that died,....... " transferred to other Jails,.... " of Debtors discharged by Payment of Debt,. " of Debtors discharged by Order of Creditors, " of Debtors discharged by taking Poor Debtor's Oath,....... " discharged by processes not given above, Whole Number of Discharges reported, Number of Persons discharged, 1. " of Persons remaining in Confinement Oct. 1, 1864,....... 72 6 3 6 7 72 6 3 278 2,948 2,770 4 395 4,90' 4,65" 121 1,954 1,883 I 305 770 1,07, e*.. .ew * eea * ee. e - *' * TABLE XIV. Classiication of Prisoners in t B ERKSHIRE. o o0' A * 0~~~~~~~~~~~~~~~~~~~ c ) 0 b. 0~~~ oo 0 0 '0 1 4 a o .2 0 C) la - _6 E O mZ O pq - 00 - Whole Number in Prison,.. Males,..... Females,..... Adults,....1 Minors,..... - White,...... Colored,... Natives of this State,... Natives of other States,... Natives of other Countries,.. Have had no Education,... Could read and write,.. Have had a Common School Educa'n, Have had a Superior Education,. Were Married,... Were Intemperate, Had Property to the Valueof $1,000, HIad been in the Army or Navy,. Had been in the Reform School,. Whose Parents were both Americans, Whose Parents were both Temperate, BARNSTABLE. RISTOL. 12 Q._ 278 ot4 317 193 124 278 39 298 19 80 65 172 147 34 134 2 210 247 25 36 1 106 246 I II 16 . —4 60 40 20 47 13 54 6 23 11 26 27 6 26 1 44 37 7 15 1 25 47 ., Lo 83 63 20 67 16 82 1 31 14 38 35 7 39 2 44 63 4 13 3 40 55 to 14 13 1 10 4 12 *2 14 14 11 k 1 10 10 10 9 1 10 9 1 7 3 3 7 7 9 3 5 9 24 22 2 20 4 21 3 21 3 3 21 * 7 20 3 1 15 19 25 18 7 18 7 20 5 13 6 6 4 19 2 15 18 2 6 17 18 82 47 35 61 21 68 14 34 16 32 28 51 3 43 67 5 3 39 47 107 65 42 79 28 88 19 47 22 38 32 70 -5 58 85 7 9 56 65 0 Whose Parents were both or either Convicts...... Males committed once before,. Females " " ". 1 Males committed twice before,. Females " " "44 Males committed three times before, Females " " " " 1 Males committed four times before,. Females " " " " 1 Males committed five times before, Females " " " ". Males committed six times before, Females # " " " " Males com'd more than six times before, Females" " " " " " Total No. of Males in prison before, " " of Females " "4 Males com'ted under Fifteen Yrs. Age, Females " " " " " Total Number of Commitments, Total Number who have been in prison before,.. Total Number committed under Fif teen Years of Age,. : Three not stated. 3 2 1 2 1 m 4 2 1 1 36 6 2 7 7 9 2 1 2 3 1 2 1 1 2 18 13 2 87 31 2 10 9 10 2 1 4 1 3 1 2 1 1 2 22 15 3 1 123 37 4 5 13 4 3 2 2 1 2 1 3 7 1 30 9 4 96 39 4 6 4 4 8 1 2 2 1 1 1 1 4 3 21 11 5 77 32 5 12 34 28 32 18 15 17 8 16 8 5 2 2 23 13 122 99 15 331 221 15 2 2 2 6 2 14 6 2 2 2 11 2 2 2 2 2 8 2 25 8 2 * One not stated. FRANKLNU. HAMPDEN. _~~~~~~~~~.,, HAM PSHIRI ~ $i 1 d A ~ X, 0 4) o 4 .: X Whole Number in Prison,.. Males,..... Females,...... Adults,... Minors,...... White,..... Colored,.... Natives of this State,... Natives d other States,... Natives of other Countries,.. Have had no Education,... Could read and write,.. Have had a Common School Educa'n, Have had a Superior Education,. Were Married,.... Were Intemperate,. Had Property to the Value of $1,000, Had been in the Army or Navy,. Had been in the Reform School, Whose Parents were both Americans, Whose Parents were both Temperate, 26 13 13 23 3 26 7 1 18 12 14 21 18 1 2 7 16 46 35 11 37 9 45 1 18 *4 23 18 27 29 37 1 5 20 30 12 10 2 9 3 11 1 5 3 t2 3 1 6 t 5 .5 _ 6 4 14 9 5 11 3 14 7 3 4 5 1 8 9 9 11 4 26 19 7 20 6 25 1 12 6' 6 8 2 14 14 14 17 8 58 53 5 35 23 56 2 17 11 30 20 23 15 21 43 3 5 1 18 48 205 134 71 168 37 196 9 41 32 132 90 69 42 4 76 171 11 20 46 141 263 187 76 203 60 252 11 58 43 162 110 92 57 4 97 214 14 25 1 64 189 Whose Parents were both or either Convicts,..... Males committed once before, Females " " ". 1 Males committed twice before,. Females " " " Males committed three times before, Females " " " " Males committed four times before,. Females " " " " 4 Males committed five times before,. Females " " " " - Males committed six times before,. Females " " " " Males com'd more than six times before, Females" " " " " " 4 6 Total No. of Males in prison before, " " of Females " "Males com'ted under Fifteen Yrs. Age, Females " " " " "Total Number of Commitments,. Total Number who have beep in prison before,... Total Number committed under Fif teen Years of Age,.. * One not stated. t Two not stated. I 0 00 m 1 p I.. w t4 t4 0I t-d 1 p 3 -4 2 1 1 1 3 14 1 2 I 1 1 5 26 1 4 1 9 1 2 1 2 .1 1 15 2 5 79 17 5 8 20 8 9 5 11 6 5 6 4 7 2 2 4 10 55 44 22 1 215 99 23 9 29 9 11 6 13 6 5 6 5 7 2 2 5 10 70 46 27 1 294 116 28 2 2 3 3 2 1 1 1 1 7 7 28 14 3 7 2 6 3 2 1 1 3 19 6 52 25 5 9 5 9 5 3 1 1 2 3 I 26 13 80 39 9 22 3 22 3 w 1 1 150 25 11 6 .12 12 5 5 2 4 2 4 2 1 3 4 4 26 34 2 99 . 60 2 28 52 46 30 21 19 22 12 9 9 4 7 2 5 2 131 106 21 1 494 240 22 43 86 61 35 26 21 26 14 13 9 6 8 5 9 - 6 182 143 38 2 757 325 40 2 12 5 14 1 1 1 1 3 2 2 * One not stated. t Two not stated. C> co TABLE XIV.- Classifcationt of Prisoners in the Cou PLYMOU TII. v 0::. 0~~~~~~~ 0 17[ 25 42 13 14 27 4 11 15 14 21 35 3 4 7 17 25, 42 11 12 23 2 3 5 4 10 14 3 12 15 14' 12 26 13 7 20 6 7 13 2 1'3 4 1 5 12 11 23 15 9 24 0 ~~ 01 102 NOIFOLK. . .o ._ {4 Whole Number in Prison,. Males,...... Females,...... Adults,...... Minors...... White,...... Colored,.... Natives of this State,.. Natives of other States,.. Natives of other Countries,. Have had no Education,.. Could read and write,.. Have had a Common School Educa'n, Have had a Superior Education, Were Married,... Were Intemperate, Had Property to the Value of $1,000, Had been in the Army or Navy, Had been in the Reform School, Whose Parents were both Americans, Whose Parents were both Temperate, eo .,a 11 ;4 me 1o 2,0 1,1 8 1,5 4 1,9 2 1,2 6 1,4 I,( I,] 1,~ AD so AD 213 104 109 187 26 209 4 41 18 154 106 45 57 5 140 167 10 21 29 192 111 94 17 66 45 109 2 39 18 54 40 35 13 ~2 ,56 41 7 17 22 95 324 198 126 253 71 318 6 80 36 208 146 80 70 7 196 208 17 38 51 287 Whose Parents were both or either Convicts,... Males committed once before,. Females " " ". 3 Males committed twice before,. Females " " " Males committed three times before, Females " " " " Males committed four times before, Females " " " I". Males committed five times before,. Females " " " " 1 Males, committed six times before,. Females " " " ". Males com'd more than six times before, Females " " " " " "Total No. of Males in prison before, " " of Females " "4 Males com'ted under Fifteen Yrs. Age, Females " " " " "Total Number of Commitments,. Total Number who have been in prison before,.. Total Number committed under Fif teen Years of Age,... $ Three not stated. 8 7 3 4 1 1 1 13 4 27 1 116 17 28 7 10 15 14: 19 12 7 6 5 3 4 4 2 5 2 54 54 5 216 108 5 15 17 18 18 19 13 8 6 5 4 4 4 2 5 2 67 58 - 32 1 332 125 33 1 5 2 1 1 1 1 1 1 9 4 1. 25 13 1 1 6 2 1 1 1 1 2 1 11 4 2 42 15 2 1 -7 2 1 17 2 1 2 1 4 l 2,0 9 1' * One not stated. f Two not stated. C & D 0 W & & & T. " C CD _ *.. ~ ~.. CD 0 .~~~~~~~~. I I C* I I I I I - Jail at Barnstable. t House of Correction, I I I I I! I I I I I I Barnstable. ~~I I H * I I I I I t IAggregates. /.. CZ to I 1 0o I I I Jail at Lenox. House of Correction, I \- I I o,t I I I I I I Lenox. c o Co co I 10 C* I I Aggregates. I CO c I I I I I 10 Jail atTaunton. ~~~I C)'n~ ~ ~ 0 I Jail atNewBedford. House of Correction, I c I co I I I I I New Bedford.? -q<~~ ~-,~~ ~Aggregates. c! - I! 10 1 0 II I I I 1 I I I - I I I JailatEdgartown. House of Correction, I I I I I I I I I I I Edgartown. m 1 1 1 1 1 1 1 - I tAggr Edgartownes. m I i I I I I I I ~ I I ] Aggregates. w I o~ ce I ce . Q e, O q ICt I I I i-. i-.! 10 I I I I JailatNewburyport co Jail at Salem. - - I ~ - I - I - 10 I House of Correction .- - -. I I O I I I I I!! Lawrence. House ofCorrection , 10 I I c! I I I I I I Ipswich. CO CA I A Cr ae 'jl!]'[INIJdOSI(I( xosIla (ENV OSIotIJ 901 I. I I co J,ail at Lawrence. v I co 0 c co I t4 t4 .4 ~~P. M P - w = C.cco Aggregates. Committed for Keeping Brothels,. , for Assault,. " for Perjury,... " for Forgery,.. " for making, having or pass'g Counterfeit Money,. " for Drunkenness, includ'g Common Drunkards,. " for Violating Liquor Law, " for Vagrancy,.. " for Breaking and Entering, " for all other Crimes,. Whole Number of Crimes reported,. Committed to Jails on Sentence,. " for Trial or Examination, 239 M 53 40 b I _: To 131 - 726 54 261 t Two committed for two crimes each. I 1 8 1 13 2 21 2 1 8 - 2 - 11 22 14 30 2 1 12 2 1 10 2 24 4 00 m 53 p I. 4 1 3 7 1 3 4 1 1 2 2 1 1 1 - - - 3 2 7 1 2 2 26 6 13 *85 26 6 21 120 2 33 55 1 14 1 3 165 16 12 3 51 t330 234 20 12 7 75 489 26 133 5 1 11 21 47 25 97 1 14 79 5 26 14 11199 4 16 .65 2 ,63 3 13 3 10 5 11 8 24 22 10 8.1 35 2 33 5 91 24 7'O 31 73 3 70 25 68 2 66 40 174 49 125 21. 212 2 2 2 2 * One committee for two crimes. 11 Four committed for two crimes each. I" o ,.., o"C. ... *. *.. * * (~ *. * *. Cmd.'~. ~,, ~ 1 - I-!) I CI I I I I I Jail at Greenfield. House cfCorrection, I! I C I I I I I I Greenfield. C-. I I I I I I I 0 Aggregates. 1- I I I I t I I:1 I Jail at Springfield. House of Correction, I I, I I I i I I I I Springfield. I | I I a I I I I- Aggregates. I t I I c II I I I I! Jailat Northampton. House of Correction, I I I I ~ i I I I I I I Northampton. I t I I I c I I I I I Aggregates. C* C - Jail at Cambridge. i b ~ ~ - O C; ~C I - ~ o I I I I I C I -. I I I I Jailat Concord. .^~~~~~~~~~~~ U I I I o. Jail at Lowell. 4t $ House of Correction, c cn I 4 I 4 C I I I Cambridge. C4 m ts > C* > p Aggregates. .e. co tW - V t~ tO I~ < w I 0 Z.. il CO C9 ;2 x (D I I I I I I I I I I I Jail a t Nantucket. I I I I I I I I I I I I I I I I I I A e t '-a] *'lNIIdIoSI(I NOSIud (INV SNOSIID 801 t4 Q, li 11 I I Aggregates. Committed for Keeping Brothels,. " for Assault,. " for Perjury,... " for Forgery, " for making, having orpass'g Counterfeit Money,. " for Drunkenness, includ'g Common Drunkards,. " for Violating Liquor Law, " for Vagrancy,. " for Breaking and Entering, " for all other Crimes,. Whole Number of Crimes reported,. Committed t o Jails on Sentence,. " f or Trial or Examination, t Two committed for two crimes each. 1 10 17 3 1 4 4 7 12 1 - I 1 3 1 4 1 4 112 1 16 1 30 215 116 1 16 1 34 294 78 9 24 6 1 2 11 11 1 14 3 25 11 4 79 78 6 28 17 11 l Q 0- o~~~~~~~~~ ~~~~~CD (D CC(Q~~ CD * *... W... *.. * * *S Jail at Dedham. I - cD I C. I o to House of Correction, Dedham. o o w Ca t4 ? o; S 2 LZ SI '4 zt (b I I I I I I I I Dedham. Aggregates. I I I I I I | I I I Jail at Plymouth. t' Houseof Correction, 9 o I- I I Plymouth. . A )- I I Aggregates.I I I I I I I I I Aggregates. Jail at Boston. s to ( I c I to 1 O CD I I I I I 00 I I I c, I I I I I I Cm.-.. (3 t C1 I Committed for Keeping Brothels,. " for Assault,... " for Perjury,.. " for Forgery,... " for making, having or pass'g . Counterfeit Money,. " for Drunkenness, includ'g Common Drunkards,. " for Violating Liquor Law, " for Vagrancy,. " for Breaking and Entering, " for all other Crimes,. Whole Number of Crimes reported,. Committed to Jails on Sentence,. " for Trial or Examination, t Three committed for two crimes each. I I 70 250 21 14 35 2 1 3 2 15 9 6 119 4 26 3 ,13 216 128 10 26 3 55 330 67 47 8 8 1 1 25 8 12 1 4 55 1 29 930 50 4 42 114 67 47 3 30 1 29 251 t2,052 70 1,982 TABLEr XVI.- Classifcation of Discharges from BERKSIIIRE. o o. t C O C - C.o - C C~~~ ~ C 1 W I C BARNSTABLE. .6 I X e v:'A P= z. t _. M 1 *_ r. Discharged by Writ of Habeas Corpus,. Recognizing or Giving Bail,.... Discharged on Expiration of Sentence,.. " by Payment of Fine and Costs,. as Poor Convicts, 8 Pardoned,.... E.xecuted,....... Sent to State Prison,. " to Houses of Correction, " to Rceform School,. " to Nautical Branch,. I I I B c .. o .,3 2 2 3 1 12 1 12 39 8 8 1 9 2 28 15 I c 39 7 8 1 3 1 1 1 4 8 2 1 1 3 3 2 2 _ I _ Sent to Court and not returned,. Escaped and not retaken, Witnesses discharged,... Discharged by Order of Overseers, ". by Police Courts,. " for Insanity,.. " for Sickness,.. Died,......... Transferred to other Jails,... Debtors disch'd by Payment of Debt,. " " by Order of Creditors, " " by taking Poor Debtor's Oath, Discharged by processes not given above, Whole Number of Discharges reported,. " " of Persons discharged. Persons remaining in Confinement,. I 8 1l 1 l1 1 1 l I 7 7 - I 4 1 5i 16 16 9 2 l 1 11 29 20 6 l 1 13 94 82 26 21 91 78 - 3 10 10 4 2 6 6 5 2' 65 62 20 7 TABLE XVI.- OClassifcation of Discharges from the C( HAMPDEN. *8 = o 19 ~ C b *. 16 0 - 16 a) a) a 1 50 51 _ 34: 34 73 73 4 4 3 - 3 FRANKLIN. Toe .) . -- - 6 e. am a) 0 II. I ac ,.0 Discharged by Writ of Habeas Corpus,.. I Recognizing or Giving Bail,.... Discharged on Expiration of Sentence,.. " by Payment of Fine and Costs,. " as Poor Convicts,.- 3 Pardoned,.. Executed,.. Sent to State Prison,. " to Houses of Correction, " to Reform School,. " to Nautical Branch, IHi. 0 19 5 1 1 5 5 8. 3 8 2 1 4 1 1 Sent to Court and not returned,. Escaped and not retaken, Witnesses discharged,.... Discharged by Order of Overseers,. by Police Courts,.. " for Insanity,... " for Sickness,... Died,.. Transferred to other Jails,.. Debtors disch'd by Payment of Debt, " " by Order of Creditors, " " by taking Poor Debtor's, Discharged by processes not given abov Whole Number of Discharges reported " " of Persons discharged, Persons remaining in Confinement, I 24 24 8 I 4 I I 1 20 65 44 '14 1 20 230 201 62 4 22 22 4 3 11 11 1 1 11 11 3 6 26 24 2 165 157 48 _ _. ~~~~~~~t, ~ U Im o 0 0.. o 0 a 0 td 0 C, .. r O 0 ~ ~~~~~~ _ *.. _. C 0~~ *~~ * u * 0 C, 0 C mi. O 0 0 0 - CD g o o ~' I. 0 0 ~ S. 00 0 . CD. 0 o . F. w C, t ! cZ Qa 1. LI' m I_! I I I t 4 I Jail at Dedham. 0 House of Correction, __ 0~~~~~ Dedham. Aggregates. oo I, I I I I (M I I - I I ~I IC c P- Aggregates. I I ~ I I I ~- ~ I I I Jail at Plymouth. ~. ~ ~ House of Correction, II I I I Il: P I ~ I I Plymouth. II I I I ~ O~ I-:l-, I I Aggregates. I I I i i I I I I i i I Sent to Court and not returned,. Ecaped and not retaken,. Witnesses discharged,. Discharged by Order of Overseers, " by Police Courts,. " for Insanity,.. " for Sickness,.. Died,...... Transferred to other Jails,. Debtors disch'd by Payment of Debt,.. " " by -)rder of Creditors,.. 9" " by taking Poor Debtor's Oath, Discharged by processes not given above,. Whole Number of Discharges reported, " " of Persons discharged,. Persons remaining in Confinement,.. I 2 . tt f 4 tt I - po 233 233 15 12 27 00 1 p L 2 2 1 25 25 I I 3 2 1 908 908 1 1 4 4 4 1 1 2 26 1,929 1,8.66 157 2 27 2,211 2,137 360 38 100 95 16 36 166 163 50 74 266 257 60 9 12 12 5 9 29 29 13 1 282 271 203 4 70 70 .10 3 22 22 6 1 8 47 , 413 i 44' 405 24 92 17 17 8 274 269 52 -4 PRISONS AND PRISON DISCIPLINE. In the foregoing tables some discrepancies will appear. The whole number of crimes is a little smaller than that of commitments; which may be owing to the fact that the same person, for the same crime, has occasionally been entered twice. The discharges as reported do not correspond exactly either to the commitments or to the number of persons in prison, being less than the former and greater than the latter. In neither case, however, is this discrepancy very great; and it will be found that the tables are much more accurate so far as they go, than those in former years, while it is believed that the means exist of making future returns still more precise. The following table exhibits the cases of sickness and the punishments in the different prisons from which returns have been received, during the period of seven months, for the County Prisons and the State Prison, and four months for the Houses of Industry and Reformation. It will be seen that neither the sickness nor the punishment, if correctly reported, ha~ been very great; the proportion of sick to the average number being less than two per cent., and of punishments less than half of one per cent. The punishment in use is generally solitary confinement. NOTE TO TABLE XVI. The whole number of persons remaining in confinement October 1, 1864, in the county prisons, is incorrectly stated on page 88 as 1,074. The true number is 1,075, as found on page 99. .118 [Mar. TABLE XVII.-Sickness and Punishment?n State, County, and City Prisons. a) e 0' 7 c e 3 -: a) a) a) no 0n qx, House of Correction, Lenox,..... Jail at New Bedford,........ House of Correction, New Bedford,.... House of Correction, Ipswich,..... House of Correction, Lawrence,.... Jail at Newburyport,.... Jail at Springfield,....... House of Correction, Springfield,.... Jail at Northampton,....... House of Correction, Northampton,.... Jail at Cambridge,......... House of Correction, Cambridge,..3 Jail at Lowell, -.. Jail at Dedham, 1.. 19 _ _ 28 t 17 66 1 _: - F e 5 1 30 9 I 10 20 14 33 3 1 1 18 1 6 1 11 32 28 1 1 9 1 1 .1 38 2 6 27 3 365 731 180 20 3 1 65 3 3 3 463 . 11 158 6 16 12 20 2 1 12 2 2 1 6 3 1 1 1 2 1 1 1 5 2 1 1 CD TABLE XVII.-Sickness and Punishment in State, County, and City Prison —Concluded. 4, .g.,4 ... E.; e , o P. 0 0 : 5-. 7x 4 1 10 1 _ 2 1 ~ 3 ~10 - 3 21 4 4 44 House of Correction, Dedham, House of Correction, Plymouth, House of Correction, Fitchburg,. House of Correction, Worcester, Jail at Boston,..... House of Correction, South Boston,. Totals for the County Prisons, 3,502 117 32 17 21 187 -. 9. 11 2 12 34 47 2 4 3 6 15 633 10 4 1 - 15 State Prison, Charlestown, House of Reformation,* Deer Island,... House of Industry,* Deer Island,. Total for State and City -Prisons,... Total for State, County and City Prisons, * Since June 1st, 1864. I C> . F,. ;G. -, >1 ,w o p IL I- r. 4 I ,-. 0 6 ,.. O ,. ..,. 9 E =. E 14 z. .-:, a) 4 .4 :z Pk 0 — A I- r. E. zE cn x x 23 co 4 0 37 - 39 It cn 81 0 x 359 156 w 2 51 It 21 t4 tt 228 587 - 146 3 30 68 600 620 19 1 3 9. 44 27 4 1 4 14 25 1 2 4 11 .261 . 492 670 4,172 21 138 19 51 6 23 64 251 18 39 p I SENATE-No. 74. EXPENSES OF TWENTY-FOUR PRISON ESTABLISHMENTS. Having given in the Annual Report the classified expenditures of the different County Prisons, I will here only exhibit them in the aggregate, together with the expenditures in the State Prison, and the two City Prisons* combined in a single establishment at Deer Island. It ought to be remembered, however, that the House of Reformation is a place of confinement for young offenders only, and that the sum expended there for instruction, (included in Salaries,) is upwards of a thousand dollars. This and the State Prison are the only ones to which women may not be sent; and girls are sent to the House of Reformation, though but few of them. The average number in this establishment, and in the House of Industry,which is the Boston Workhouse,- is only approximate. In entering these returns of expense, I have not attempted to reconcile the discrepancies, but have set down the figures as they came in. I presume the "total amount expended" is more likely to be correctly given than the classification by different items; so that any apparent error should be reckoned an error in classification by the officers making the return. The net cost of all these prisons for the year ending September 30, 1864, appears to be $342,476.87 for about 2,010 prisoners; or an average weekly cost of about $3.27, exclusive of interest on the cost of the prisons, whichl would add between $1.75 and $2 a week more. The salaries in these twenty-four establishments amount to $111,918.77; an average of nearly fifty-six dollars to each prisoner~of the average number. Whether we look at the results aimed at, or the amount of good actually done, the prisons would seem to be the least efficient of all our institutions in proportion to their expenses.t * In speaking here and elsewhere of the House of Reformation as a prison, 1 do not mean to cast any reflection upon this long established and beneficent institution. In the eye of the law it is a prison, and its close connection with the House of Industry makes it impossible to draw a nice distinction. t See Appendix D. 16 1865.] 121 I TABLE XVIII.-Expenses of the State, County, and City Prisons, for the Year ending September 30, 1864. .. t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. Deer Island Prison. Twenty-two Twenty-two State Prison. House of Reformation Totals. County Prisons. and House of Industry. Salaries of Officers,............... 71,686 55 $29,387 00 **$10,845 22 $111,918 77 Sum expended for Provisions,............. 81,014 57 23,635 30 33,437 89 138,087 76 Sum expended for Clothing,............9,233 38 *5,854 54 12,721 24 27,809 16 Sum expended for Fuel and Lig,iahts,........... 42,672 24 - 18,206 88 60,879 12 Sum expended for Beds and Bedding..... 2,259 34 - - 2,259 34 Sum expended for Medicine and Medical Attendance,... 2,771 86 - 669 72 3,441 58 Sum expended for Instruction of Prisoners,.... 3,545 09 t204 99 - 3,750 08 Sum allowed to Discharged Prisoners,........908 68 11457 80 35 25 1,401 73 Sum allowed to Witnesses,..............11 40 - - 11 40 Sum expended for all other purposes,........... 50,175 47 ~24,072 61 36,921 69 111,169 77 Total amount expended,............. 236,775 49 83,612 24 112,837 89 433,225 62 Amount received for Labor of Prisoners.......... 34,339 28 ~56,208 07 201 40 90,748 75 Balance against the Prison,.............. 202,436 21 27,404 17 112,636 49 342,476 87 Average Number of Prisoners,............ 1,133.5 376.66 tt200 & 300tt 2,010.16 * Includes "beds and bedding." t For library. ~ Includes $1,363.11 for repairs and-improvements. I ** House of Reformation, salaries, $2,967.13; House of Industry, salaries, $7,878.09 to w ~ co t4 CB n Ed tt 11 Includes $91.84 paid for transportation of prisoners from jails. I~ This sum includes $605.25 admission fees, and $579.37 for rents. ff Approximate. r-I 9 p :1 0 SENATE-No. 74. So great, and for such purposes have been the expenditures attending our system of imprisonment. But if we take into account the cost of the administration of criminal justice; the salaries of Judges, Solicitors, Sheriffs, Clerks, etc., the pay of Juries and witnesses, the fees of officers, the investment in Court Houses, and all that goes to'swell the aggregate burden which crime and its punishment impose upon this Commonwealth and its people, we shall find that it amounts to no less than a million and perhaps a million and a half dollars by the year. That this heavy tax should be so expended as to diminish crime and improve the average morals of the community is the business of the General Court to provide. To allow crime to increase either wilfully or by indifference brings shame upon the magistrate, and suffering upon the people. Is it then asking too much of the Legislature of this Puritan Commonwealth to entreat your honorable body to investigate the whole subject of our penal an prison discipline, -to give it a place in your annual deliberations and finally establish such modifications as the facts of the case and the tendencies of the age require? The high part which Massachusetts has been called to take in the tragic exigencies of the country, has been well filled; she has done more than any State to break the power of Slavery, and she has amply justified the legend on her shield. Sword in hand, she has sought peace through Liberty, and already begins to attain what she has sought. To adorn the repose of peace with its own trophies we must give renewed attention to those social questions of which the civil war has increased the gravity, while it has delayed the consideration. It is a good omen that in such a time the State has created a commission to investigate these questions, but the work of the Board of State Charities will be of little value unless seconded by the representatives of the people, to whom this imperfect Report is respectfully submitted. F. B. SANBORN, Secretary of the Board of State Charities. BOSTON, February 15, 1865. 1865.], 123 PRISONS AND PRISON DISCIPLINE. At a regular meeting of the Board of State Charities on Wednesday, March 1, 1865, it was voted, "That tie Secretary, having prepared the Report on Prisons contemplated in the vote of this Board, passed January 4, 1865, the same is hereby accepted, and the Secretary is directed to transmit the same to His Excellency the Governor." A true copy,' Attest, F. B. SANBORN, Secretary. 4 124 [Mar. SENATE-No. 74. APPENDIX. [A.] [See page 17.] CAPTAIN MACONOCHIE AT NORFOLK ISLAND. Alexander Maconochie, a Scotchman and sailor, was put in command of the penal colony on Norfolk Island, near Van Dieman's Land, in 1840. Some idea of his character, and the nature of his discipline, may be formed from the following passages written by himself, which I quote from Miss Carpenter's new book on Prison Discipline, entitled, " Our Convicts." He thus states the principles on which he worked, in a pamphlet published in Hobart Town, in 1839: "The example of severe suffering, consequent on conviction of crime, has not hitherto been found very effective in preventing its recurrence; and it seems probable that the example of necessary reform, or, at least, sustained submission and self-command through a fixed period of probation, before obtaining release from the restrictions in consequence of such correction, would be practically more so. "The idea that would be thus presented would be more definite, more comprehensible, and more humbling to the false pride which usually attends the early practice of crime, and derives gratification at once from its successful perpetration, and from the bravado of thereby defying menaced vindictive punishment. "And with reform, as the object of criminal administration, the better feeling of even the most abandoned criminals would from the beginning sympathize; whereas, when merely suffering and degradation are threatened and imposed, it is precisely these better feelings that both first and last are most revolted and injured by them. "The sole direct object of secondary punishment should therefore, it is conceived, be the reform, if possible, but, at all events, the adequate subjugation and training to self-command of the individuals subjected to them; so that, before they can regain their full privileges in society, after once forfeiting them, they must give satisfactory proof that they again deserve and are not likely to abuse them. 1865.] 125 APPENDIX. "This principle does not proscribe punishment, as such, which, on the contrary, will, it is believed, be' always found indispensable, in order to induce penitence and submission; nor, as may be already inferred, does it lose sight of the object of setting a deterring example. But it raises the character of both these elements in treatment, placing the first in the light of a benevolent means, whereas it is too often regarded as a vindictive end, and obtaining the second by the exhibition of the law constantly and necessarily victorious over individual obstinacy, instead of frequently defeated by it. It cannot be doubted that very much of the harshness and obduracy of old offenders arises at present from the gratified pride of having braved the worst that the law can inflict, and maintained an unconquerable will amidst all its severities; and for this pride there would be no place, if endurance alone could serve no useful end, and only submission could restore to freedom. "The end reform, or its substitutes, sustained submission and self-command, being thus made the first objects of secondary punishments, it is next contended that they can only be adequately pursued and tested,first, by dividing the process employed into specific punishment for the past, and specific training for the future, and next, by grouping prisoners together, in the latter stage, in associations made to resemble ordinary life as closely as possible (in particular, subdivided into smaller parties, or families, as may be agreed to among the men themselves, with common interests, and receiving wages in the form of marks of commendation, exchangeable at will for immediate gratifications, but of which a fixed accumulation should be required before the recovery of freedom,) thus preparing for society in society, and providing a field for the exercise and cultivation of active social virtues, as well as for the habitual voluntary restraint of active social vices." These were the general principles on which Captain Maconochie founded his system. We learn how he developed them from a pamphlet he published on "Norfolk Island," in 1847, from which the following extracts are made:- "I arrived at Norfolk Island," he says, "on the 6th of March, 1840, and found the state of things certainly not better, and in some respects even rather worse, than I had expected. Fourteen hundred doublyconvicted prisoners, the refuse of both penal colonies, (for the worst offenders were sent here from Van Dieman's Land as well as New South Wales,) were rigorously coerced all day, and cooped up at night in barracks which could not decently accommodate half that number. In every way their feelings were habitually outraged, and their selfrespect destroyed. 126 [Mar. SENATE-No. 74. "They were requireed to cap each private soldier whom they met, and even each empty sentry box that they passed. If they met a superior officer, they were to take off their caps altogether, and stand aside, bareheaded, in a ditch if necessary, and whatever the weather, till he passed, in most cases without taking the smallest notice of them. "For the merest trifles they were flogged, ironed, or confined in jail for successive days on bread and water. * * * Neither knives nor forks, nor hardly any other conveniences, were allowed at their tables, They tore the food with their fingers and teeth, and drank for the most part out of water-buckets. Not more than about two-thirds of them could even enter their mess-shed at a time; and the rest, whatever the weather, were required to eat as they could in an open shed beside a large privy. "The Island had been fifteen years a penal settlement when I landed, yet not a single place of worship was erected on it. It had been seven years a settlement, before even a clergyman was sent. There were no schools, no books; and the men's countenances reflected faithfully this description of treatment. A more demoniacal assemblage could not be imagined, and almost the most formidable sight I ever beheld was the sea of faces upturned to me when I first addressed them. Yet, three years afterwards, I had the satisfaction of hearing Sir George Gipps ask me what I had done to make the men look so well? he had seldom seen a better looking set; they were quite equal to new prisoners from England. "It is impossible here to state in detail the means by which I accomplished this great change, indicating, as it did,-other changes still greater and more important. Besides introducing most imperfectly my own system of management among them (for my marks never had a fixed value towards liberation, assigned them, which could alone make their accumulation really important,) I sought generally by every means to recover the men's self-respect, to gain their own wills towards their reform, to visit moral offences severely, but to reduce the number of those that were purely conventional, to mitigate the penalties attached to these, and thus gradually awaken better and more enlightened feelings among, both officers and men. I built two churches, got a catechist added to the establishment to assist the chaplain,-almost every Sunday during all my four years, read the service myself, with a sermon, at some one or other out station,-established schools, distributed books, gave prizes for assiduity,-was unwearied myself in my counsels and exhortations, wherever I went, and went everywhere alone and unattended, showing confidence, and winning it in return. I also gave every man a small garden, which was a boon to the industrious, but none to the idle. Those whom I camped out in the bush, I encouraged also to rear l 1865.] 127 APPENDIX. pigs and poultry, thereby improving their ration, and, still more, infusing into them, by the possession of property, that instinctive respect for it which makes it safer in a community than any direct preservatives. I thus also interested my police, who were all prisoners, in the maintenance of order, their situations, which were much coveted, being made to depend on their success. "I gave the messes knives, forks, a few cooking utensils, tin pannekins, &c. I allowed the overseers, police, and other first-class men to wear blue jackets and other articles of dress not portions of usual convict clothing; and nothing contributed more than this to raise their spirits, revive their self-respect, and confirm their good purposes. "It has been alleged that I had no secret in my management except indulgence, and that the prisoners behaved well with me because they had all their own way. They little know prisoners who say this. Mere weakness never guided such men yet. They behaved well with me because they were reasoned with, not bullied,- because they were sought to be raised, not crushed, -because they had an interest in their own good conduct, -and because they knew that if, notwithstanding, they behaved ill, besides incurring the censure of their companions, they would be otherwise vigorously repressed. In individual cases, especially of moral offence, I was even more severe than any of my predecessors; and through the good spirit which I succeeded in infusing into the mass, I obtained evidence in such cases when no one else ever had. "It has been said, too, that many of my results were owing to my own personal influence, and I willingly admit this to have been great; but it must have terminated when the men left the Island; and yet what are the undoubted facts'as to their conduct then? In four years I discharged 920 doubly convicted men to Sydney, of whom only 20, or 2 per cent., had been re-convicted up to January, 1845, the latest period to which I have any returns. Of 538, whom I discharged to Van Dieman's Land in February, 1844, sixteen months afterwards, viz., in July, 1845, only 15, or under 3 per cent., were under punishment; by which, I understand, had committed grave offences. [See Return, No. 36, Commons Papers, 1846, p 57.] At the same time, the proportion of Van Dieman's Land trained men, in the same circumstances, was 888 out of 10,365, or 9 per cent. (same Papers, p. 54;) and in England, France, and Belgium, during the last five years, the proportion of discharged prisoners re-convicted, has varied from 33 to 35 per cent., while in Middlesex and Lancashire it was, last year, 47 per cent.; and among men discharged from the general prison at Perth, a separate prison of the most improved construction, during the last four years, it has been 67 per cent. 128 [lvlar. SENATE-No. 74. "Much is currently said of the necessary demoralization attending the association of prisoners together; and I readily admit that if, on the usual principles of management, only their worst feelings are called out, their accumulation cannot but aggravate the evil. But if we will bring their better impulses into play instead, - and it is quite easy to do this by proper combinations, without sacrificing any portion of reasonable punishment, - then prisoners will be found just like other men. They are born social beings, so fashioned by the hand of their Creator; and it is in society, the society of their equals, not in seclusion from it, or in exclusive contact with superiors, that their most valuable qualities will infallibly be called out. "In dealing with prisoners we habitually make a variety of mistakes, each more important than another, yet to which professed disciplinarians are all zealously attached. We draw no proper distinction between moral and merely conventional offences. By minute regulations we multiply the number of these latter, and at the same time exaggerate their importance. We thus wear out the spirits and exhaust the feelings of obedience and subordination in our men by incessant demands on them, for pure frivolities. WVe also sear their consciences by familiarizing them in this way with petty offences. We trust altogether to force to compass our ends. We seek to bend men like oziers, or to cast them, as we would dough, in stone moulds. We allow the higher principles of human nature to lie dormant in our prisons; we afford no scope for their exercise; we make no appeal but to immediate submission; we give no charge to men of their own destiny; we keep them as automata in our hands; and having thus done everything in our power to weaken them, we look to make up for our blunders by placing them afterwards in' favorable circumstances.' Is this a school of virtue, or of pure dandling? Is not the whole process an absurdity? Yitimur in adversum is the real road to improvement; and we give our prisoners neither opportunity for making this manly struggle, nor the chance of acquiring energy and independence of character through its means. We make them look and act exclusively to order while in our hands, and we wonder and exclaim at their perverseness when they afterwards fall, through the weakness that we have ourselves induced. "The system that I advocate avoids all these errors, and does not, I think, fall into any others worth naming. It may be improved in its details, but I doubt if any of its principles can be advantageously dis pensed with. It seeks to grant no weak or unmeaning indulgences; but it desires to gain soul as well as body to influence, and not merely coerce. "It draws the line of duty under the guidance of religion and morality, not of conventional regulation. It seeks to punish criminals by placing 17 1865.] 129 APPENDIX. them in a position of severe adversity, from which only long-sustained effort and self-dqnial can extricate them; but it does not desire to aggravate this position by unworthy scorn, or hatred, or contempt; and, on the contrary, it respects our common nature, however temporarily fallen or alienated. It does not encourage a man, approaching his freedom, by an abatement of task, or improvement of diet, - the low rewards of existing low systems, - which flatter the spirit of self-indulgence, that leads most criminals to their first fall; but it at once proves and stimulates, and cheers him on, by an increasing and ever increasing scope of free agency, with motives to guide it, yet not unmingled with difficulty to resist its temptations. And seeking thus to train men for discharge into any circumstances, it is not afraid of being able to qualify them for even the most difficult. "Nothing could be more unfavorable than my position on Norfolk Island, for conducting a great and moral experiment; and yet, guided by these principles, none could easily be more successful. Of all stations in the Penal Colonies this was confessedly the most demoralized. My powers in it were limited. My immediate superior, Sir George Gipps, only partially convinced of the soundness of my views, frequently hesitated, and not unfrequently even refused to support me in them. AMy machinery on the Island was raw. Much of it was theoretical even in my own mind; and being the development of a new idea, some mistakes were probably unavoidable in its first organization. My officers were not all cordial in their support of me; trained in the previous system, it was difficult to induce them to look with favor on one which shocked so many old prejudices, which by raising the prisoner lowered the relative status of the free man; and which, by compelling private work to be paid for, diminished many long-established advantages. My marks, also, never had the only value given them, that towards liberation, which could make their accumulation an object of steady pursuit to the men. My physical means were always deficient. I never had above 160 soldiers in garrison with me, instead of from 200 to 300, who have since been maintained there. I had only five inferior free officers engaged in the active business of the establishment, instead ofTrom 20 to 30, who have since been attached to it. And my police and overseers were selected by myself from the ordinary prisoners, instead of being free or probationers, as since sent from the mother colony. "Yet, amidst all these disadvantages, the moral means employed by me were fully equal to their task. I found the Island a turbulent, brutal hell, and I left it a peaceful, well-ordered community. Almost the first words of Sir George Gipps' report on it (in spite of some strong previous impressions in his mind against my plans,) are:-' Notwithstanding that my arrival was altogether unexpected, I found good order [Mar. 130 3 SENATE-No. 74. everywhere to prevail, and the demeanor of the prisoners to be respectful and quiet.' Besides this, 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. I confess that I have since looked back even with wonder at the scene, familiar as it then was to me. There were flaws in the picture, doubtless, but they were fewer and more minute than, without tracing the causes, may easily be believed. " Iy task was not really so difficult as it appeared. I was workling with Nature, and not against her, as all other prison systems do. I was endeavoring to cherish, and yet direct and regulate, those cravings for amelioration of position which almost all possess, in some degree, and which are often strongest in those otherwise the most debased. Under the guidance of right principle, they rose with me easily to order and exertion, while, under mere control, they not unfrequently either explode in violence, or, being crushed, drag the whole man down with them. I looked to them for success, and in them I found it. I did not neglect the object of punishment in my various arrangements; but I sought it within the limits assigned alike by the letter and spirit of the law, not by excesses of authority beyond them. The law imposes imprisonment and hard labor as a retribution for offence; and these, in the fullest sense of the words, my men endured. Every one of them performed his government task, besides the labor that he bestowed, as he could catch an opportunity, on his garden or other interests. But he was saved, as far as I could save him, from unnecessary humiliation, and encouraged to look to his own steady efforts for ultimate liberation and improved position. And this, not the efforts of an individual, zealous as they doubtless were, was the real secret of the altered aspect of Norfolk Island in my time, from what either preceded or followed it." "The Mark System," he continues, "proposes to place criminals in a state of utter poverty, destitution, and bondage, from which nothing but their own steady, persevering, unflinching exertion can eradicate them. They are to be at the bottom of a well, with a ladder provided by which they may ascend if they will, but without any bolstering or dragging up by other than their own efforts. If they even halt they are made to descend, for their maintenance from day to day is to be charged to them. Are these not here, then, sufficient elements of suffering to produce a deterring effect? yet everything is strictly conducive to reform; and why, therefore, go further'? "Why introduce, in addition, chains, and dungeons, and factitious offences, and all the other apparatus of slavery, so much clung to in 1865.] 131 APPENDIX. ordinary prison discipline, yet so injurious alike to officers and men? Why stigmatize that system as over indulgent which merely ejects these, while substituting at the same time far harder conditions to a degraded mind than they constituted? "A fallen spirit can easily put up with a little more degradation, a little more contumely, a few harsh restrictions which there is always a contemplated pleasure in evading; to set his shoulder to the wheel, steadily to struggle out of his position, to command his temper, his appetites, his self-indulging propensities, all voluntarily, all from an inward impulse stimulated by a moral necessity, this is a far harder imposition." * * * * i * "M1y intellectual apparatus, I propose uniformly, for the express purpose of awakening, stimulating, and keeping the mind active, as well as the body; storing it, at the same time, with better thoughts than the disgusting images otherwise most familiar to prisoners; and in this light they cannot be too highly valued. It is in the intervals of entire repose, which, in ordinary management, are allowed to alternate with severe physical toil, that such men corrupt each other. My music, readings aloud, schools, novels, and other similar machinery, then kept many a devil out, and, perhaps, introduced some angels in. They were negatively beneficial at all events, and, I feel assured, in very many cases, positively beneficial also." Another part of his system, to which he attached great importance, was the cultivation among the prisoners of a mutual dependence and interest in each others' welfare. This he found peculiar difficulties in developing as he desired. "Alone, unassisted," he continues, "pursuing a previously untrodden path, on a voyage of discovery rather than guided by positive knowledge, without a precedent, and anxious, by yielding some points to those around me, to gain others, I relaxed in this, which gave both my officers and men extra trouble, and suffered for it accordingly. There is no part of my whole system to which I am now more attached, though I readily admit its early practical difficulties. "The men themselves will never, in the first instance, like it, though they speedily accommodate themselves to, and are benefited by it. Very few of my parties practically separated, even when released by their advance to tickets-of-leave, from its imperative obligations. It was rather a reproach to them when they did. All, in a degree, lost caste when a hut-party broke up. " And some very remarkable instances of the most disinterested selfsacrifice were elicited, while the sentiments which they indicated were, in a degree, implanted through this means. * * * Under the mark system the criminals come in selfish, unwilling to trouble themselves 132 [Mar. SENATE-No. 74. about their companions, desirous only of ease, and evasion, and selfindulgence, and thus ready to fall into all those horrors incident to prisoners under the present management; but, under the strong impulse afforded by the system, they gradually become social, generous, active, and well-purposed throughout.'They wash, and are cleansed.' Religiously, I repeat it, they may not be converted. "In this respect too many of us all are as Ethiopians and leopards, and may not change our skins or cast our spots. But even in this respect, many may come through their temporal good to see also their spiritual; and it is beyond all contradiction that a right agency will make improved social agents of even the worst; or, if this is considered doubtful, it will be time enough to pronounce authoritatively to such effect when a right agency shall have been for some time tried. That period is certainly not yet arrived." At the time Captain Machonochie took charge of Norfolk Island he was fifty-three years old; and he had spent the greater part of these years in a rough life among sailors and soldiers. For two or three years he was a prisoner of war at Verdun in France, and so had learned by experience what imprisonment is. He was recalled from Norfolk Island in 1844; and the old system of cruelty was re-established there, ending as it had before 1840, in mutiny and murder. In 1849 he was appointed Governor of the Birmingham Jail, but was removed in 1851, by magistrates who misunderstood his system. He died about four years ago,-that is, on the 25th of October, 1860. 1865.] 133 APPENDIX. [B.] [See page 56.] PRISON LABOR IN EUROPE. In the European prisons, generally speaking, the labor of prisoners has been far less remunerative than in this country, where for more than thirty years great pains have been taken to make State Prisons selfsupporting, as in many States of the Union they have been. In Massachusetts this was the case between the years 18~0 and 1 854, or nearly a quarter of a century; the profit of that period equalling the expense of the prison. Of late years, while our State Prison has been growing more costly, (having, incurred in the last eleven years a deficit of over $130,000,) the European prisons have been growing more remunerative, except in England. From a recent address of Sir John Bowring, well known as a man of learning and of affairs, I gather the following particulars relating to the subject, which are of later date than my own researches afford: "In France the plan of the absolute isolation of prisoners by day was abandoned in 1848, and a classified system of employment was introduced. In all the central and departmental prisons the areas were turned into workshops, and with some modifications the arrangements which had been successfully carried out in the United States prisonsand in which the recommittals were not six per cent.-were adopted, and the system gradually extended to the sale of the productions of the prisoners to contractors, under the prison regulations. Upon the introduction of the contract system the yearly receipts from that source derived from the nineteen central prisons was ~12,000 per annum; in 1862 it was ~47,000, and the profit from the whole of that year amounted to no less a sum than ~121,000. Of this sum proportions varying from one-tenth to six-tenths were allowed to different classes of prisoners; a portion of the sum having been distributed amtongst them during their confinement, and the rest having been allowed to accumulate, was handed to them at the time of their liberation. As far as practicable the convicts were employed at the trades to which they had been brought up. Saddlers returne-d the greatest profit; the next most profitable were the shoemakers, then the tailors, basket-makers, matmakers, and the stone-cutters and weavers. In a report lately made to the French Legislature by M. Jules Simon, it was stated that under the beneficent influences of the new system, the number of prisoners had diminished one-half, and that in one of the departments the prison had twice been without a single occupant." 134 [Mar. SENATE-No. 74. In Belgium results still more satisfactory have been obtained: "As regarded the importance of remunerative prison labor, a body of commissioners who reported upon it to the Belgian House of Representatives, expressed a most decided opinion that it was a powerful and needful agent in reforming criminals, that it checked recommittals, and provided against misery, and they quoted approvingly the words of AL. Berenger to the French Chamber of Peers, that whatever be the character of the imprisonment to which a criminal is condemned, labor must be the basis of all moral improvement, and its employment a necessity from which it is impossible to escape. The report stated that the produce of the labor on an average of three years was ~16,350, of which more than three-fourths was work for the army, or for the use of the prisons. The six central prisons of Belgium left a profit from labors of ~20,000, of which ~1,600 was distributed in rewards. The maximum term required for learning the trade of shoemaking was twelve months, weaving six months, tailoring three months. In a return to the Minister of Justice, giving the receipts and expenditure of the Antwerp prison, in which all the convicts were employed in manufacturing stuffs for exportation, it was shown that in twelve years the quantity produced was to the value of ~400,000-the greater part of the productions were made of raw materials, the growth of Belgium, and of which the native agricultural industry had the benefit; and the report prided itself on the fact that the capital of remote nations had thus contributed to the reform of Belgian criminals and to the finances of the Belgian State. The return for the period named exhibited a net profit of ~29,400, being an annual average of ~2,450. For the last year it had been ~3,240. The number of prisoners was 1,295." If by net profit is here meant a profit over and above the whole expenses of the prison, the result would be almost identical with that mentioned as existing at the Albany Penitentiary. Whether this is the case I cannot say. Since preparing the statistics of the Albany Penitentiary, the annual report of that institution for 1864 has been received, from which the following statement of the year's income and expenditures is obtained. Income for 1864: From Shoe Shop,.. Female Department,. Board Account,.. Visitors and Fines,. Total Income,... 1865.] 135 . $30,150 12 3,997 30 19,457 38 1 321 64 $53,926 44 APPENDIX. Total Income brought forward, Expenditures for 1864: For Improvements and Repairs Furniture,.. Clothing and Bedding, Provisions,.. Building Account,. General Expense Account Total Expenses,... *i * th Is i-.38,752 53 ~ I. $15,173 91 Sir John Bowring also spoke of the prisons of Switzerland and Spain, which gave a profit per head, and furnished an instance of 2,355 prisoners having been taught in a Spanish jail to earn an honest livelihood. Forty workshops had been erected there without cost to the Government by the labor of the prisoners. An English traveller, Mr. IHoskins, called the result "a miracle," and inquired why similar experiments were not carried out in this country. The want was co-operation on the part of the Government. The Bavarian Government had established five agricultural and industrial prisons, whose working was spoken of as most satisfactory, and as having produced a considerable diminution of recommittals. The prison of Katchvain, in Thurgovia, received the vagabonds of most of the adjacent Swiss cantons, and paid all its expenses by the produce of labor without any State assistance, and in the canton of Friburg the profits of labor amounted to ~1,200 from 110 prisoners, that is ~10 per head, more than nine-tenths of which were produced by labor in the open air. The Spanish prison here referred to is no doubt that at Valencia, which I have described. Sir John Bowring contrasts with these statistics those of the Devon County gaol, where 216 prisoners earned ~47 13s. 3d., or about one dollar apiece. This is almost as bad as our Norfolk County prison, where 75 prisoners earn nothing. * 136 [Mar. $53,926 44 $725 19 700 87 . 3,141 32 . 15,202 07 . 5,201 54 . 13,781 54 Gain to the linstitution, SENATE-No. 74. [C.] [See page 64.] WHAT IS MEANT BY RECOMMIITMENTS. The word recommitment or recommittal is used in several ways, and much confusion often arises from a clear distinction between these. I use it in the sense of the imprisonment of a person who has previously been confined in any prison; excluding, of course, all reference to the preliminary confinement which preceded conviction. But in the statistics of the State Prison, the custom seems to be to class as recommitments only those cases where the person has been previously committed to that particular prison; and, as I have no means of going beyond these statistics, wherever I have mentioned the State Prison recommitments, they must be taken with this allowance. Of course all persons sent to Charlestown under sentence have been previously confined in the county jail, or some other prison, pending trial and sentence, but this we do not take into the account. Many of them, also, have been previously under suspicion or sentence in the county prisons; this fact, however, does not appear. I can understand that the proportion of previously imprisoned persons at Charlestown should be less than at South Boston or New Bedford, but I cannot believe it is less than in the average of the county prisons. With respect to the great number of recommitments to jails and houses of correction, it should be said that this cannot be supposed exaggerated in the returns. In many cases, it depends upon the statement of the prisoner himself, who is more likely to deny than admit a previous commitment; in other cases it is decided by the recollections of the prison officer, or the records of the prison, which would generally exclude previous commitments to any other prison; and there are comparatively few instances in which an error would be likely to occur increasing the true number of commitments. It may, therefore, be assumed as certain, I think, that the recorded number of recommitments not only is not above, but is considerably below the truth. As to the precise character of these recommitpnents, and how far our prison system is responsible for them, opinions will differ. It is doubtless true that many of them are fine and cost cases, where drunkenness is the offence, and where the time of imprisonment is too short to allow any prison discipline an opportunity to benefit the persons in question. Among the females many of them are prostitutes-a class whose reformation is very difficult under any circumstances, and who can hardly be expected to profit much by any prison discipline, unless it is long 18 1865.] 137 . I- I *,.; - APPENDIX. continued, and followed by close supervision after discharge. It is stated by Judge Pitman, formerly of the New Bedford Police Court, that these women greatly dread the House of Correction, and are glad to be sent to the workhouse instead, where they pass the winter without severe labor, are reestablished in health, and are ready to go out in spring to their shameful vocation, entirely unaffected by punishment or attempted reformation. With regard to these two classes-drunkards among men and prostitutes among women,- the blame of their frequent recommitment must rest mainly upon our penal code, which establishes unreasonably slight or ill-suited penalties. But the recommitments for larceny, and many other crimes, especially those committed by the young, are directly traceable to the imperfections of our prison system, which, as is well known to all who have had ihuch acquaintance with it, does little to reform and much to corrupt tlse offenders. If this were merely my own opinion, I should. hesitate to express it so strongly; but I have consulted magistrates and prison officers of long experience, who declare that this view of the matter entirely agrees with their own, and I have found no person who after examination, materially dissents from it. There is a third method of reckoning recommitments which seems to be used in Ireland, and which Captain Maconochie and Colonel Montesinos appear to have used; namely, to reckon the proportion of relapses among discharged prisoners. That is, out of one thousand prisoners discharged from Norfolk Island, or Valencia, a certain number Dill be again imprisoned. These are called recommitments, and the percentage of them is calculated on the whole number discharged, instead of the whole number committed. This is the best test of a prison system, provided all the cases could be reported; but in this country it would be impossible to apply it with any accuracy. It is this test which we seek to apply to our reform schools, where it is far easier to do so; but even there, no very satisfactory statistics can be obtained. These remarks have been made to anticipate the criticism of having used a shifting and deceptive term in my calculations. I think it will appear that the facts in the case really warrant stronger condemnation of our prison system and our penal law than I have felt at liberty to make. My object has been to state facts and arouse the public attention, not to excite prejudice. 138 [Mar. .:. I .1 SENATE-No. 74. [D.] [See page 121.] OUR PRISON EXPENSES. In stating the expenditures of the county prisons for 1864 in the Annual Report, I compared them with the expenses as reported for ten years preceding. It will, perhaps, be said, that during the years preceding 1859, when the prison officers were allowed certain fees, and boarded their prisoners on their own risk for $1.75 a week, the reported expenses do not give any just view of the real cost' of the prisons, especially in the matter of salaries. This is partially true, but having no other authority than the annual returns, I have been obliged to use those. But it is the common belief (well founded, as I suppose,) that at the time when only $1.75 was allowed for the weekly board of prisoners, the officers who supplied them found it very profitable to do so. This would show that the true weekly cost of their support must have been less than half what it now is. As to salaries, it is further to be remembered that many of the reported salaries include in addition the board of the officers, sometimes of his family, and always larger or smaller perquisites attaching to the place. In addition to this, there is, in some counties, great political influence implied in the position of a prison officer disposed to exercise it. The evil effects of such exercise, on a large scale, can be seen in New York, where the State Prisons are managed notoriously in the interest of parties and politicians. On a smaller scale our own local elections illustrate the same evil, which should be checked by legislation, if possible. It was a foQrtunate prudence on the part of our people to keep the appointment of judges where the constitution originally placed it, and if the choice of sheriffs could be restored to the same hands, or even made to take place at the spring elections, when it would be somewhat withdrawn from the vortex of State and National politics, the administration of justice, and the discipline of prisons would be improved thereby. 1865.] 139 AN INDEX BY TOPICS. Page. 4 6 Special Message of Governor Andrew,.......... Introduction,................. PART FIRST. - THE VARIOUS SYSTEMS OF PRISON DISCIPLINE,. I. The English Convict System,...... (1.) Penal Servitude and Tickets-of-Leave,. (2.) Prisons and Prison Labor,... (3.) Prison Discipline,........ (4.) The Ticket-of-Leave,....... (5.) Convicts sent to Western Australia, (6.) Juvenile and Female Offenders,.. II. The Irish Convict System,........ (1.) The Irish Prisons and Prison Labor,. (2.) The Mark System, Gratuities, etc.,. (3.) The Intermediate Prisons,... Smithfield,........ Lusk,........ Lectures to Prisoners,....... (4.) The Irish Ticket-of-Leave,... (5.) Employment of Discharged Prisoners,. (6.) Police Supervision,........ Supervision in the Country,... (7.) Female Convicts and Female Refuges,. IlL. The Parliamentary Commission of 1863,. IV. The two Systems of England and Ireland compared, (1.) Intermediate Prisons, (2.) Police Supervision,...... (3.) Results of the Two Systems,... (a.) England,...... (b.) Ireland,....... (4.) Comparative Expense of the Two Systems, (5.) Recent Legislation,.......4 V. The S.panish Convict System,. VI. The Bavarian Convict System,. VII. The General Tendency of Prison Reform in Europe, .. 7-52 6-16 .10 11 i3 14 15 15 16-33 18 19 21 21 23 24 . 24 26 28 31 32 . 33-36 . 36-46 38 39 40 40 41 .44 45 . 46-49 . 49-52 52 INDEX. Page. 53 53 55 62 62 63 65 66 67 68 69 71 74 75 80 82 82 82 PART SECOND. - THE MASSACHUSETTS SYSTEM AND ITS RESULTS, I. Great Increase in the Cost of County Prisons,. II. The Albany Penitentiary,...... III. The Expense of our Jails,...... IV. Labor in the House of Correction,.... V. Our Prisons do not diminish Crime,.... VI. Our Prisons considered as Schools of Reform,.. VII. Four Tests of our System,..... VIII. Classifications and Conditional Remissions,.. IX. Habitual Criminals,....... X. Classification must be thorough,.... XI. The Instruction of Prisoners,..... XII. Discharged Prisoners,....... XIII. Increase of Crime among Females and Minors,. XIV. The Nativity, Temperance, etc., of our Prisoners,. XV. Summary of Suggestions,....... I. Penal Discipline,...... II. Prison Discipline,....... PART THIRD. - PRISON STATISTICS OF MASSACHUSETTS FOR 1864, Table IX. Date, Cost, etc., County Prisons,.... X. Commitments,........ XI. Classification of Prisoners in the State,... XII. Classification of Crimes in the State,... XIII. Classification of Discharges for the State,. XIV. Classification of Prisoners-County Prisons,.. XV. Classification of Crimes-County Prisons,.. XVI. Classification of Discharges- County Prisons,. XVII. Sickness and Punishments,..... XVIII. Expenses of Twenty-Four Prisons,.... APPEINDIX A. Captain Maconochie at Norfolk Island,... B. Prison Labor in Europe,...... C. What is meant by Recommitments,...... D. Our Prison Expenses,.......... Index..............................~.......~........4 141 85 . 86-88 . 90-91 . 94-95 . 96-97 . 98-99 . 100-105 . 106-111 . 112-117 . 119-120 122 .. 125-133 .. 134-13611 .. 137-138 .. 139 .. 140 Index,... 4