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Full text of "Report on the International Penitentiary Congress of London, held July 3-13, 1872"

UNIVERSITY OF CALIFORNIA 
AT LOS ANGELES 




R E P R T 



INTERNATIONAL PENITENTIARY CONGRESS 



L OISTD oi<r. 



HELD JULY -S-LS, m9.. 



By E. C. WINES, D. D., LL. D. 

UNITED STATES COMMISSIONER. 



TO WHICH IS APPENDED 



THE SECOND ANNUAL REPORT OF THE NATIONAL PRISON ASSOCIATION 

OF THE UNITED STATES, CONTAINING THE TRANSACTIONS 

OF THE NATIONAL PRISON REFORM CONGRESS, 

HELD AT BALTIMORE, MARYLAND, 

JANUARY 21-24, 1873. 



WA SHTN^GTON: 

GOYEENMENT PRINTING OFFICE, 
1873. 



V4V 



To the Senate and House of Representatives : 

I transmit herewith a report from the Secretary of State aud accom- 
panying papers. 

U. S. GRANT. 

Washington, February 13, 1873. 



Department of State, 

Washington^ February 13, 1873. 
Referring to the joint resolution of Congress, of the 20th March, 
1871, authorizing the appointment, by the President, of a commissioner 
to attend an International Congress on Penitentiary and Reformatory 
Discipline, proposed to be held in Europe, I have the honor to transmit 
herewith the report of Mr. E. C. Wines, appointed under the said res- 
olution, of the congress which was held at London, together with an 
^ appendix containing a summary of the proceedings of the late National 
"^ Prison Congress of Baltimore. 
Respectfully submitted. 

HAMILTON FISH. 
The President. 



<^ 



Washington, February 12, 1873. 

^ Sir : I have the honor to submit to you my report as Commissioner 

"^ of the United States to the International Penitentiary Congress of Lon- 

2^ don, together with an appendix, containing summary of proceedings of 

the late National Prison Congress of Baltimore. 

With gTcat respect, I have the honor to be, your most obedient servant, 

E. C. WINES, 

Commissioner, dc. 
His Excellency U. S. Grant, 

President of the United States. 

H. Ex. 185 * 



1 



jj"^. ■.'1 .■ ^ .y'v. ■- ''■■ .' 



CONTENTS. 



Page. 

Genekal ixtkoduction 1 

PAET FIRST : STATE OF PKISONS. 

Chaptek I : PiiisoN systems 7 

§ 1. Austria , 8 

2. Belgium 7 

.3. Denmark 10 

4. France - 11 

5. German Empire 14 

(1.) Baden 14 

(2.) Bavaria 15 

(3.) Prussia 15 

(4.) Saxony IB 

(5.) Wiirtemberg 16 

6. Italy , 17 

7. Mexico , 18 

8. Netherlands - 19 

9. Norway 19 

10. Rassia"^ ; 20 

11. Switzerland 21 

12. Sweden 22 

13. United States .■ 23 

14. England 25 

1.5. Ireland 26 

Chaptek II : PrasoN administration 27 

^ 1. Austria 27 

2. Belgium 28 

3. Denmark , ■. 28 

4. France 28 

5. German Empire 29 

(1.) Baden 29 

(2.) Bavaria 29 

(3.) Prussia 30 

(4.) Saxony 30 

(5.) Wiirtemberg 30 

6. Italy 31 

7. Mexico 31 

8. Netherlands 31 

9. Norway 32 

10. Russia 32 

11. Sweden 33 

12. Switzerland 33 

13. United States .- 34 

14. England and Ireland 34 

Chapter III : Prison discipline 35 

§ 1. Austria , 35 

2. Belgium 36 

3. Denmark 36 

4. France 36 

5. German States 37 

(1.) Baden 38 

(2.) Bavaria , 38 

(3.) Prussia 38 

(4.) Saxony 39 

(5.) Wiirtemberg 39 

6. Italy 40 

7. Mexico 41 

8. Netherlands , 42 

9. Norway 42 

10. Russia 43 

11. Sweden 43 

12. Switzerland 44 

13. United States 45 

14. England 46 

15. Ireland 47 



IV CONTENTS. 

• Page, 

HAPTER IV : Moral axd religious agencies 48 

5 1. Austria 48 

" 2. Belgium 48 

3. Denmark 49 

4. France 49 

5. German States 50 

(1.) Baden 50 

(2.) Bavaria 50 

(3.) Prussia 51 

(4.) Saxony 51 

(5.) Wiirtemberg 52 

G. Italy 52 

7. Mexico 52 

8. Netherlands 52 

9. Norway 53 

10. Russia 53 

11. Sweden 54 

12. Switzerland 55 

13. United States 56 

14. England 57 

15. Ireland 57 

Chapter V : Scholastic education 57 

6 1. Austria 57 

2. Belgium , 58 

3. Denmark 58 

4. France 58 

5. German States 60 

(1.) Baden 60 

(2.) Bavaria 60 

(3.) Prussia 60 

(4.) Saxony 61 

(5.) Wiirtemberg 61 

6. Italy 61 

7. Mexico : 62 

8. Netherlands 62 

9. Norway 62 

iO. Russia 62 

11. Sweden 62 

12. Switzerland 63 

13. United States 64 

14. England 66 

, 15. Ireland 67- 

CitAiTER VI : Prison labor 67 

^ 1. Austria 67 

2. Dennuuk 68 

3. Belgium 68 

4. France 69 

5. German States 69 

(1 ) Badon 69 

(2. ) Bavaria 70 

(3.) I'nisHia 70 

(4. ) Haxony 70 

(.5.) Wiirt(!nibcrg 71 

6. Italy 71 

7. Mexico 71 

H. N(!thiTlarids 71 

9. Norway 71 

10. ItiiHMJa 72 

11. Sweden 72 

12. Kwitzdrland 73 

13. United States 74 

14. Eiightnd 75 

ir.. Inland 76 

(-'iiAiTKU VII: Sanitary condition ok prisons 76 

^ 1. AoHtria 76 

2. l'<!lgiiiiti 76 

3. I )r'iiinark 78 

I. Fraiicf! 78 



CONTENTS. V 

Page. 
Chapter VII : Sanitary condition of prisons — Continued. 

5. German States 79 

(1.) Baden ' 79 

(2.) Bavaria 80 

(3.) Prussia 80 

(4.) Saxony 81 

(5.) WUrtemberg 81 

6. Italy 82 

7. Mexico 82 

8. Netherlands - 82 

9. Norway 83 

10. Russia 83 

11. Sweden 84 

12. Switzerland 84 

13. United States 84 

14. England .--. 85 

15. Ireland 85 

ChapterVIII: Reformatory results 85 

§ 1. Austria i 85 

2. Belgium 85 

?>. Denmark 86 

4. France 86 

5. German States 86 

(1.) Baden 86 

(2.) Bavaria 86 

(3.) Prussia 86 

(4.) Saxony - 86 

(5.) Wiirtemberg ! 86 

6. Italy 87 

7. Mexico 87 

8. Netherlands 87 

9. Norway 87 

10. Russia 87 

11. Sweden 87 

12. Switzerland 88 

13. United States 88 

14. England* and Ireland 89 

Chapter IX: Prison officers, their qu^axifications and training 89 

§ 1. Austria i 89 

2. Belgium 89 

3. Denmark 89 

4. France 89 

5. German States 90 

(1.) Baden 90 

(2.) Bavaria , 90 

(3.) Prussia 91 

(4.) Saxony 91 

(5.) Wiirtemberg 91 

6. Italy 91 

7. Mexico 91 

8. Netherlands 91 

9. Norway 92 

10. Russia 92 

11. Sweden 92 

12. Switzerland 93 

13. United States 93 

14. England and Ireland 93 

Chapter X : Sentences 94 

§ 1. Austria 94 

2. Belgium 94 

3. Denmark ^ , 94 

4. France 94 

5. German States 94 

(1.) Baden 94 

(2. ) Bavaria 94 

( 3. ) Prussia 94 

(4.) Saxony 95 

6. Italy 95 

7. Mexico 95 

8. Netherlands 95 



VI CONTENTS. 

Page. 
Chapter X : Sentences — Coutinuecl. 

9. Norway 95 

10. Russia , 95 

11. Sweden 95 

12. Switzerland 95 

13. United States 96 

14. England and Ireland 96 

Chapter XI : Imprisonment for debt 96 

1^ 1. Austria 96 

" 2. Belgium , 96 

8. Denmark 96 

4. France 96 

5. German States 97 

(1.) Baden 97 

(2. ) Bavaria 97 

(3J Prussia 97 

(4.) Saxony 97 

(5. ) Wiirtemberg 97 

G. Italy 97 

7. Mexico . : 97 

8. Netherlands 97 

9. Norway » 97 

10. Russia 97 

11. Sweden 98 

12. Switzerland 98 

13. United States 98 

14. England and Ireland 98 

CnAPTi^R XIJ : Causes op crime 98 

(\ 1. Austria 98 

2. Belgium 98 

3. Denmark 98 

4. France 98 

5. German States 99 

(1.) Baden 99 

(2.) Bavaria 99 

6. Italy 99 

7. Mexico 99 

H. Netherlands 100 

9. Norway 100 

10. Russia". 100 

11. Sweden 100 

12. Switzerland 100 

13. United States 100 

14. Engl.'ind and Ireland 100 

Ciiai'Ter XIII : Liijerateo imusoners 101 

$ 1. Austria 101 

2. Belgium :.., 101 

3. Denmark 101 

4. France 102 

.5. German States 102 

(1.) Baden 102 

(2.) Bavaria 102 

('.',.) I'rnssia H'3 

(4.) Saxony 103 

(5.) Wiirtemberg 103 

0. Italy 103 

7. Mexico • 103 

H. Netherlands 103 

9. Norway 104 

10. KriHsia 104 

11. Sweden 104 

, ' 12. Switzerland ^ 104 

13. United States 104 

11. F'lngland 105 

1.'.. Ireland 105 

CiiArri-.K XIV: Sixjuehtions uklatino to J{ef<»i{mh 105 

^ 1. AuHtria 105 

2. Belgium 10.5 

3. France lOii 



CONTENTS VII 

Page. 
CiiArTER XIV : Suggestions relating to reforms— Continued. 

4. German States 106 

(1.) Baden lOR 

(2.) Bavaria 106 

(3.) Prussia 106 

.^). Norway 106 

6. Netherlands 106 

7. Eussia 107 

8. Switzerland ll^I 

9. United States 113 

Chapter XV: Juvenile reformatories 114 

§ 1. Denmark 114 

2. Saxony 114 

3. France 114 

4. Italy 115 

5. Switzerland 115 

6. United States 115 

7. England 116 

Historical sketch of reformatory system 116 

Results of the system 118 

Distinction between reformatory and industrial schools 119 

Fnndamental principles of reformatory system 119 

1. The union of private agency with government support and 

supervision 119 

2. The use of moral in preference to physical dicipline 120 

3. Its thoroughly religious tone and character 121 

4. Careful industrial training ^ 121 

5. Supervision and occasional assistance after liberation 121 

6. The responsibility of parents to contribute toward the support 

of their children committed to reformatories 121 

Chapter XVI : State of prisons in British possessions 122 

^1. India 122 

" 2. Ceylon 124 

3. Jamiaca 125 

4, Victoria 126 

PART SECOND : WOP.K OF THE CONGRESS. 

Introductory 128 

Chapter XVII : The prisoner after arrest and before conviction 130 

What treatment should he receive? 130 

Remarks of Count de Foresta 130 

Mr. Collins 131 

Mr. Stevens 131 

Mr.Pownell 131 

Chapter XVIII : The prisoner during his incarceration 131 

^ 1. Proper maximum of prisoners for any single prison. 131 

Remarks of Mr. Ekert 131 

Sir John Bowring 132 

Mr. Vaucher Cr6mieux 132 

Mr. Stevens 132 

Dr. Mowatt 132 

Mr. Peterson, (Norway) 132 

Hon. H. H. Leavitt./. 132 

Mrs. Janney 133 

Colonel Colville 133 

Dr. Frey 133 

General Pilsbury 133 

Professor Foynitsky 133 

Mr. F. Hill 133 

Baron A'on Holtzendorff" 133 

ij 2. Classification of prisoners 133 

Remarks of M. d'Alinge 133 

Mr. Stevens 134 

Dr. Mowatt 134 

Mr. Tallack 134 

Dr. Marquardsen 134 

Mr. Sargent Cox , 134 

Dr. Bittinger 134 

Colonel Ratcliff 135 

Baron von Holtzendorff 135 



VIII CONTENTS. 

Page. 
CliAPTEK XVIII : The rRisoxER during his incarceration — Continued. 

§ 3. How far should prison management be regulated by legislation ? 135 

Kemarks of Mr. Stevens 135 

Baron Macay 135 

Mr. F.Hill 135 

Dr. Mowatt 135 

Baron von Holtzendorff 135 

Mr. Beltrani Scalia 136 

Mr. Hastings 13G 

Mr. Berden 136 

$|4. Whether ^vbipping should be used as a disciplinary punishment ... 136 

' Remarks of Mr. Stevens 136 

Major DuCane 136 

Dr. Mowatt.... 137 

Mr. Shepherd 137 

Dr. Marquardsen 137 

Dr. Frey 137 

Dr. Guillaume 137 

Major Fulford 137 

Mr'. Wills 137 

Mrs. Julia Ward Howe 137 

Mr. F.Hill 137 

Mr. Hastings 137 

Sir Walter Crofton 138 

General Pilsbury . 138 

Dr. Marquardsen 138 

§ 5. Kinds and limits of instruction suited to the reformatory treatment of 

prisoners 138 

Remarks of Mr. Stevens 138 

Mr. Tallack 139 

Mr. Merry 139 

Mr. McFarlane 139 

Dr. Varrentrapp 139 

Miss Mary Carpenter 139 

^ 6. Whether it is expedient in certain cases to employ an imprisonment 

consisting in mere privation of liberty without obligation to work.. . 139 

Remarks of Count de Foresta 139 

Professor Wladrinoif 139 

Mr. Chandler 140 

Dr. Mowatt 140 

Dr. Marquardsen 140 

$ 7. Whether sentences for life are expedient 140 

Remarks of Baron von Holtzendortf 140 

Dr. Wines 140 

Dr. Mowatt 140 

Hon. Daniel Haines 140 

Mr. Stevens 140 

Mr. Vaucher Cr6micux 140 

Mr. Hastings 140 

§ 8. Wh<!tlier jirisoiK rson reconviction should be subjected to a more severe 

disci jiliiiary tn-iitnient 141 

Remarks of Mr S. I'dersen, (Bavaria) 141 

Mr. rioos van Amstul 141 

Dr. Fr.v 141 

M. Robin 141 

.Mr. St<!vcns 141 

(■(Mint Sollolmb 141 

l>r. (Jiiillauiiic ■ 141 

Connt d(! Foresta 141 

Dr. BiUiiigcr 142 

Mrs. .Julia Ward Howe 142 

•',;*. Wliat hhould lie tin' niaxiininii of imprisonmonl, cellulnr or otherwise, 

for t«TMiH Irss than lid; ? 112 

Remarks of 1 )r. .Maninanlseii H2 

Dr. Frey 142 

Mr. Htcvcns 142 

Mr. Monciire 142 

I'.arnii Mmkav 142 

Sir VViilt.T Crofton 142 



CONTENTS. IX 

Page. 
Chapter XVIII: The pklsoner during his incarceration— Contmued. 

^ 10. Whether or not imprisonment should be uniform in nature, and differ 

only in length 142 

Remarks of Count Sollohub 142 

Dr. Mowatt 14« 

Count de Foresta 143 

^ 11. Prison labor — penal and industrial 143 

Remarks of Mr. F. Hill 143 

Major Fulford 144 

General Pilsbury 145 

Dr. Wiues 145 

Mr. Hibbert, M. P 145 

Sir John Bo wring , 145 

Mr. Ploos von Amstel 145 

Colonel Colville 145 

Mr. Stevens 145 

Dr. Mowatt 145 

Dr. Frey 146 

Chapter XIX: The prisoner after his liberation 146 

§ 1. Best mode of aiding discharged prisoners 146 

Remarks of Mr. Murray Browne 146 

Mr. Powell 147 

M. d'Alinge 147 

Mr. Rankin 147 

Baron Mackay 148 

Mrs. Meredith 148 

Rev.M.Robin 148 

Mr. M. Browne 148 

A member from France 148 

Dr. Guillaume 148 

Mr. Biemner 149 

$ 2. Best means of securing the rehabilitation of prisoners 149 

Remarks of !Mr. Stevens 149 

Mr. Hastings , 149 

Sir Walter Crofton : 149 

Mrs. Julia Ward Howe 149 

Baron Mackay 149 

Mr.Baker 149 

Dr. Wines „ 149 

Mr. Chandler 150 

Sir John Packington 150 

§ 3. Best mode of giving remission of sentences and regulating conditional 

discharges « 150 

Remarks of Sir W. Crofton 150 

Mr. Tallack 150 

Mr. Stevens 150 

Mr. Chandler 151 

Mr. F. Hill 151 

Major Du Cane 151 

Mr. Nevin '. 151 

/ Dr. Frey 151 

Mr. Hastings 151 

$ 4. Supervision of discharged convicts 152 

Remarks of Mr. Baker 152 

Mr. F. Hill 152 

Mr. Browne 152 

M. Stevens 152 

Chapter XX : Miscellaneous joints 152 

$ 1. Whether prison officers should have special training for their work 152 

Remarks of Dr. Guillaume 152 

Major Du Cane , 153 

Baron Mackay 153 

Sir Harry Vorney, M. P , 153 

Mr. Rathbone 153 

Major Fulford 153 

Dr. Mouat 153 

Dr. Wines 154 

^ 2. Whether transportation is expedient in punishment of crime 154 

Rejmarks of Count de Foresta 154 



X CONTENTS. 

Page 
Chapter XX: Miscf.i.i^\neous points— Continued. 

M.Pols 154 

• Count Sollohub 154 

Mr. Hastings 154 

Count de Foresta 154 

Baron Von Holtzeudortf 155 

^ 3. Whether short imprisonment and the non-payment of fines may be 

replaced hy compulsory labor without privation of liberty 155 

Remarks of Count de Fox'esta 15.5 

Mr.Tallack , 155 

Rev. Mr. Collins 155 

Mr. Stevens 155 

Sir John Bowring 155 

Baron Mackay 155 

Mr. Bremuer 156 

Baron von Holtzendorft' 156 

•^ 4. The proper limits of the power of boards of prison-managers, as regards 

the administration of prisons 1.56 

Remarks of M. Loysou 156 

M. Yaucher-Cr6mieux 1.56 

Colonel Ratclitf 1.56 

^> 5. Whether the government of j)risons should be placed in the hands of 

a supreme central authority 156 

Remarks of Mr. Hastings'. 156 

M. Ploos van Anistcl 156 

M. Stevens 156 

Dr. Guillaume 157 

Messrs. Carter and Baker 157 

«> ("). International prison statistics 157 

Remarks of Mr. Beltrani-Scalia . . ^ 1-57 

Count Sollohub 1.57 

Dr. Frey 1.57 

Dr. Guillaume 1.57 

Trofessor Lione Leir 157 

^ 7. The best means of repressing crime-capitalists 157 

Remarks of Mr. Edwin Hill 157 

Mr. Serjeant Cox 158 

Mr. Chandler 1.58 

Colonel Ratcliff 1.58 

Mr. Aspimill 159 

$8. Whether whipi)iiig is expedient in punishmcut of crime 159 

Remarks of M. Pols 159 

, Mr. Aspinall 159 

Colonel Ratolitt' 159 

Dr. Maniuardsen 159 

v> 9. lOx trad it ion trcatii'S 100 

lieiiiai ks of Dr. Frey 100 

MO. Woman's work in prisons 160 

liemarivs of Mrs. Ciiaae 100 

M iss 'Mary Carpenter 160 

Miss Emily Faithful ir»l 

Mrs. .Julia Ward Howe 161 

^Irs. Ltswis 161 

Mr. Jiremucr 162 

liev. Mr. Crombleholuie 16"> 

l.afly Bowring h'>2 

CiiAi'ii.K XXI: l'i:i;vK,N-nvK anu kkkok.matoky wokk 1.52 

liiiiiaiki lit' Mr. Uracr 162 

MIhh Cui'pi-nlitr 16U 

Mr. Foot.-, 164 

.M. Vanclii r-(,'n'micux 164 

Mr. Ilcndiicksou 164 

.Mr. Howe 1 64 

.M. Hourniit 164 

.Mr. MiirHliall 164 

•Sir "i". Fowell Baxtoii 104 

Mr. linker 101 

Haroii von I loltzendorH' 105 

Dr. (inillaunuT 16.5 

Mr. Wills 155 



CONTENTS. XI 

Page. 
Chapter XXI : Preventivk and REroRMATOiiY work — Continued. 

Eev. Mr. Crombleholnie 165 

Remarks of Mr. Aspinall '. 16.^ 

Sir W. Crofton 16." 

Dr. Marquardseu 16". 

Mr. Ford 165 

Charter XXII : Penitentiary systems 166 

^ 1. The Irish convict system, as explained by Sir W. Crofton 16G • 

2. The Irish borough and county prison system, as explained by Mr. Bourke 

and others 167 

3. The English convict system, as explained by Major I)u Cane.., 167 

4. The English borough and county jirison system, as explained by Cap- 

tain Armytage and others 16b 

5. The Scotch prison system, as explained by Mr. Monclare 168 

6. The Belgian prison system, as explained by Mr. Stevens 169 

7. The Russian prison system, as explained by Count SoHohub 16^ 

8. The French prison system, as explained by M. Berenger 169 

9. The Swiss prison system, as explained by Dr. Guillaume 170 

10. The Italian prison system, as explained by Count de Foresta 170 

11. The German prison system, as explained bj- Heir Ekert, Dr. Varrentrapp, 

and Baron von Holizendoiff 170 

12. The Netherland's prison system, as explained by M. Ploos van AmsteL. 171 

13. The Swedish prison system, as explained by M. Almquist 171 

1 4. The Austrian prison system, as explained by Dr. Frey 171 

15. The prison system of India, as explained by Dr. Mouat 171 

'16. The prison system of the United States, as explained by Mr. Chandler 

and others 171 

Chapter XXIII : Concluding session of Congress 172 

§ 1. Presentation by -Dr. Wines of the Works of Edward Livingston on 

Criminal Jurisprudence, in English and French 172 

Letters from M. Vergd, member of the institute, and Archbishop Man- 
ning on the subject of Livingston's Works 172 

2. Presentation by Dr. Wines of M. Lucas's observations 17^-5 

R«?sum^ of Mr. Lucas's views 173 

3. Propo.sit ions submitted by American delegation , 174 

4. Propositions embodied in tinal report of the executive committee, and 

adopted by the congress as expressing its conception of the funda- 
mental principles of prison discipline 177 

Remarks of Mr. Hastings on moving the adoption of the report 178 

• Gov. Haines in seconding same 179 

Miss Carpenter on report 179 ' 

Siv John Packington on putting motion to adopt report 179 

5. Creation of permanent international prison commission 179 

6. Vote of thanks to Mrs. Hastings and Pears, with remarks by Dr. Wines, 

Archbishop Manning, and Sir John Packington ISO 

7. Vote of thanks to Dr. Mouat, w ith remarks by Mr. Aspinall and Baron 

Mackay 180 

8. Vote of thanks to Dr. Wines, with remarks by Drs. Guillaume, Mar- 

quardsen, and Sir John PacKiugton 180 

Response by Dr. Wines ^ 181 

9. Vote of thanks to Sir John Packington, "with remarks by Messrs. Has- 

tings and Mouat 181 

10. Response by Sir John Packington 181 

PART THIRD : PAPERS SUBMITTED TO THE CONGRESS. 

Introductory l«*ir 

Chapter XXIII : *Prisoners and their reformation, by Z. R. Brockway.. 162 

Chapter XXIV : Cumulative sentences, by Liverpool magistrates 184 / 

Chapter XXV : Treatment of prisoners, by Sir W. Crofton.. 185 / 

Chapter XXVI : Preventive police organization, by Edwin Chadwick. .. 187 ~ / 
Chapter XXVII : Crimes of passion and crimes of reflection, by Dr. 

Bittinger 189 

Chapter XXVIII : Life and services of Howard, by Dr. Bellows 190 

Chapter XXIX : Historical sketch of the prison of Ghent, by M. Vis- 

SCHERS 194 

Conception of this prison due to Viscount Vilain XIV - 194 

State of society in Belgium near the middle of eighteenth century 195 

* !Number of last chapter repeatedlnadvertently. 



XII CONTENTS. 

Page. 
Chapter XXIX : Historical sketch, etc.— Continued. 

Principal events in the life of Viscount Vilain 195 

Analysis of two memoirs, by Vilain, proposing the construction of the 

prison of Ghent 19.5 

Plan and interior division of the prison 196 

' Administration, discipline, and industries 197 

Howard visits and praises this prison » 199 

Kecapitulation of Vilain's principles of prison disciiiliue 200 

Progress of prison discipline during the last century 200 

Mr. Visschers prefers the Crofton system 201 

Note on a paper communicated by Dr. Despine, of France, on the criminal 

himself, being a study and development of his moral anomalies 201 

PART FOURTH: PERSONAL INSPECTIONS OF EUROPEAN PRISONS AND 

REFORMATORIES. 

INTRODUCTORY 201 

Letter of instructions by Governor Seymour 201 

Chapter XXX: Prisons and reformatories op Ireland 202 

1. Convict prisons of Ireland 202 

2. Juvenile reformatories of Ireland 208 

Chapter XXXI : Prisons and reformatories op England 209 

? 1. English prisons 209 

2. Aid to discharged prisoners - 213 

A. Mrs. Meredith's wash-house in aid of discharged female prisoners 213 

4. Carlisle memorial refuge for women 214 

5. English reformatories 216 

Chapter XXXII: Prisons and rejormatories of Switzerland 216 

^ 1. The prisons of Switzerland 216 

Penitentiaries at Geneva and Berne 216 

Penitentiary at Zurich - 216 

Penitentiary at Lenzbourg 217 

Penitentiary at Neufchatel 217 

2. Reformatories of Switzerland 228 

Chapter XXXIII: Prisons of Germany •.. 228 

(' 1 . German convict prisons 228 

(a) Convict prison at Berlin 228 

(b) Convict prison at Bruchsal 229 

{(•) Convict prison at Munich 230 

2. Detention prison at Municli « 231 

:?. Patronage of discharged prisoners at Bavaria 232 

System of patronage admirably organized ; its orgauization/lcscribed in 

'detail 232 

Minutes of a njeeting of the patronage society of Munich, August 12, 

1873 234 

Chapter XXXIV: Prisons in Italy 235 

^ 1. The prison delhs Marate, at Florence 235 

2. The ]iris<)iis of Rome 235 

(a) 'I'he i)rison ch-Ue Terino 235 

(h) Tlie juison of San Micliele 235 

This prison liistoric 235 

Founded in 1704, byl'ope Cleniont XI 2.36 

San Micheie the germ of tlio Auburn system 236 

3. Tin- fiitnro of penitentiary rcibrni in Italy 236 

CHAITEK X.\X\ : I'KISO.NS and RErORMATOItlES OP BELGIUM 237 

(» 1. Brjgian prisons 237 

(a) l'( III tent iary of Lou vain 237 

(h) (Convict prison of (ilient 238 

(c) Detention prison and house of correction at Ghent 238 

2. .jnveniln reforniatorirs of Belginni 2.38 

' liAriKR XXXV'I: I'imso.ns and itKioitMAToitiKS IN Netiikulands 240 

^1. Military jirison at J/cydcn 240 

2. Cellular prison of AniMtcrdani 241 

'■'. Detention jirinon at tlie Hague - 242 

t. Aid tf> liberated prisoners 242 

.5. Netherlands Mettruy 242 

Chaptkr XXXVII: I'kihonw aki> kki-ohmatouiks ln France 245 

$ 1. Two (list in<t jirison adniinistr.'itions 245 

2. Kxi)l;uiatifin of the, tcniiH indiljii'n, jnrroiUH, accuses 246 

3. Grand d«]iot of the ijrefcctnre of ] ml ice 246 



CONTENTS. XIII 

Page. 
CiiAPTEK XXXVII : Prisons and beffrmatories in France— Continued. 

4. Mazas - 247 

5. The Concierj^erie 249 

G. The Grand Roquette 249 

7. Sainte-Pdlagie , 250 

8. Saint-Lazaie 251 

9. LaSaut6 253 

10. La Petite Roquette 255 

11. The female central prison of Clermont , 255 

12. Male central prison of Melun 257 

13. Departmental prisons at St. Omer 258 

14. A quasi prison 259 

15. General remarks on French prisons 259 

(a) Material organization excellent — moral, lanqiiid 259 

(&) Percentage of relapses increase rather than diminish 259 

(c) Wards of preservation and amendment , 260 

(d) Dietaries too low 260 

16. Agricultural and penitentiary colony of Mettray 260 

Founded by M. Demetz thirty-five years ago 261 

General statistics 261 

Conducted on the family system 261 

Advantages of this system 262 

Agriculture the chief industry, but not to the exclusion of mechan- 
ical labor 262 

System of training — the heart, the body, the intellect 263 

Earnest care given to the vrards of Mettray after their discharge 264 

Mettray resembles a great and beautiful vrork of nature 264 

Extraordinary results 265 

The training school of Mettray, {^cole preparatoire) 265 

The maison paternelle, (house of ijaternal correction) 266 

Review of the colons 268 

17. Patronage of discharged prisoners in France 268 

Has not taken root widely 268 

Well organized and successful as far as it goes 269 

PART FIFTH: LESSONS, SUGGESTIONS, RECOMMENDATIONS. 

Ch^vpter XXXVIII : Conclusion 270 

§ 1. Principle above systems 270 

2. Evil eifects of repeated short sentences 271 

3. The character of sentences needs modification 272 

4. The prison system of a country should be a unit 274 

5. Stability of administration an essential condition of a good prison 

system 275 

6. Series of institutions needed in a good system • 277 

(a) Preventive institutions 277 

(6) Juvenile reformatories 278 

(c) The county jail , 279 

(d) The house of correction 280 

(c) The state- prison 281 

Connected with these last two classes of prisons should be inter- 
mediate or testing establishments 282 

Mr. Barwick Baker's proposition on this subject 283 

7. Crime-capitalists should be exterminated 285 

8. Society owes indemnity to persons wrongfully imprisoned and declared 

innocent by the courts 286 

9. Effective means should be devised to identify prisoners previously con- 

victed 288 

10. Greater attention should be given to penitentiary statistics 289 

11. A reformatory prison discipline must work with nature, not against it.. 292 

12. A reformatory discipline must have a punishing stage and a training 

stage 295 

13. A reformatory discipline must impart the power and the will to live 

honestly 296 

14. Religion and education are essential forces in the work of reforming 

criminals 296 

15. To success in this work it is essential that those wlio engage in it 
should both desire and intend its accomplishment 297 

16. A sincere belief that it can be done is equally necessary 297 

17. Greater use must be made of moral forces, less of physical 297 



XIV CONTENTS. 

Page 
Chapter XXXVIII : Conclusion— Continued. 

18. ludividualization an essential principle in a reformatory discipline.. . 300 

19. Men trained to the work are needed 301 

20. All possible encouragement and aid must be given to liberated prisoners 

who desire to live honestly 302 

'21. The National Government should have prisons and a prison system of 

its own 303 

TRANSACTIONS OF THE NATIONAL REFORM CONGRESS OF BALTIMORE. 

I. First session. 

Opening address of Governor Seymour 307 

Address of welcome, by Mr. Jones 313 

Address of Mr. Kerr 314 

Remarks of Mr. Hageman 317 

Appointment of standing committees 316 

Organization of the congress 318 

Roll of members 318 

II. Annual reports of secretary and standing committees of the National Prison 

Association .' 321 

1. Report of the secretary ..., 321 

2. Report of the executive committee 321 

3. Report of the committee on prison discipline 331 

4. Report of the committee on discharged convicts 336 

D. Papers communicated 338 

1. The criminal; by Dr. Despine, France 338 

2. On the treatment of life-sentenced prisoners; by Miss Mary Carpenter, 

England 348 

3. Remarks on sundry points considered in theCongress of London ; by 

theRt. Hon. Sir W. Crofton, England 354 

4. School for training officers at Mettray ; by M. Demetz, France 358 

5. Susceptibility of criminals to reformatory agencies; by Henry James 

Anderson, New York 359 

6. Duty of society to persons arrested ; by William J. Mullen, Pennsyl- 

/ vania 362 

7. Intemperance and crime ; by Aaron M. Powell, New York 364 

8. Prison reform in Pennsylvania ; by George L. Harrison, jiresident of 

the board of public charities 367 

9. Hope the great reform ; by Hon. B. F. Butler, M. C 369 

10. The final cause of criminal legislation as effecting modes of punishment 370 

11. Thoughts on prison treatment ; by A. H. Love, Philadelphia 374 

12. A noble testimony; by Rev. C. C. Foote, ex-chaplaiu of the Detroit 

House of Correction 374 

lY. Reports on the i)enal, reformatory, and preventive institutions of States and 

Territories 375 

1. Californi;i — by Rev. James Woodworth 375 

2. Connecticut — l)y Rev. .T. K. Fessendeu 379 

3. Illinois— by Rev. Fred. 1 1. Wines 384 

4. Indiana — by C. F. Colllin 388 

.'). Iowa — by M. 1 leisey 391 

C). Kansas — by II. Hoi»kins 391 

7. Maine- by Rev. J. K. Mason 393 

8. Maryiand-Iiy G. S. Grildth 396 

9. MasMacluisetts — l)y F. 15. Sanborn 400 

10. Micliigan— by Hoii. C. I. Walker 411 

11. MinncHota— iiy Prof. W. T. Piiclps 417 

12. Mis-iissippi — by (Jcnera! 15. !5. lOggleston 422 

i:'.. MiHHouri— by Mr. Miiltjr and (Jcniiral Miner 424 

M. Ni-biiiHka — by Rev. J. W. Snowden 425 

15. N< w llatnimhire — by Rev. Dr. (Jlark 426 

16. New .Jersey — by Jolin F. Hageman, eH(| 428 

17. New York— l)yK. Harris, M. D 433 

IH. North ('an)lina 435 

19. Oregon— by Rev. (i. Williain Walker 439 

20. Riiode Island- i)y Rev. A. Woodbury 440 

21. Sou til Carolina— by (Jeneral Stolbrniid 447 

22. Tenn<!MHee— by Dr.' Wriglit 449 

23. Texas— by Rev. .Mr. Rogers 449 

24. Vermont— by licv. V. I'.utler 451 

25. WiHcoiiHin — l)y Hon. Samuel Hastings 4.55 

26. Utah— by Mr. Rockwood 458 



CONTENTS. XV 

Page. 

V. Proceecliugs aud discnssious - 460 

Discussion on annual io})orts of standing committees on iirison discipline 

and discharged convicts 460 

Discussion on indefinite sentences .-.---: ^^'^ 

Discussion on reports from Connecticut and California 46:3 

Invitations from institutions in Maryland 464 

Address by Miss Linda Gilbert 465 

Discussion on reports from Michigan and New Jersey, and a paper by Dr. 

Despine on "The criminal" 46." 

Resolutions relating to the works of Edward Livingston, published in 

America and France ^ 466 

Discussion on annual report of executive committee, and a paper on "Un- 
tried prisoners," by Mr. Mullen 467 

Sir Walter Crofton's paper, with remarks on same 46"J 

Discussion on Mr. Powell's paper on intemperance and crime 469 

Discussion on several papers relating to reformatory work 470 

Invitation to hold next congress at Saint Louis — accepted with thanks 474 

Miss Carpenter's paper on life-sentenced prisoners, with remarks on same.. 474 

Finance committee's report 474 

Discussion on memorial to congress 475 

Discussion on system of leasing prisoners 476 

Discussion on untried and discharged prisoners 476 

Resolution and discussion on reformatories 479 

Mr. Yaux's remarks on the Pennsylvania system 480 

Vote of thanks to Maryland Prisoners' Aid Association and others 481 

Valedictory addresses - 481 

Special thanks voted to Governor Seymour and Dr. Wines 482 

Speech of Mr. Walker in moving this vote .-• 482 

Responses from Messrs. Wiiies and Seymour 483 

VI. Resolutions adopted by the congress - 48o 

VII. The National Prison Association of the United States of America 485 

1. Officers of the association for 1873 485 

2. Board of directors , 485 

'■i. Standing committees - 486 

4. Corresponding members 486 

5. Life-directors ' 487 

6. Life-members 487 

7. Treasurer's report , 488 

8. Contributions from May, 1871, to May, 1873 488 

9. Act of incorporation ^ 490 

10. Constitution 491 

11. Bv-laws 49;i 



HEFORT 



GENERAL INTEODUCTIOK 

The Congress of London lias passed into history. It is a fixed fact, 
irrevocable and unchangeable. It only reaiaius t6 tell its story and 
gather its frnits. The first is simple, and may be quickly done ; the last 
will be manifold, and the harvest, it may "be hoped, will be gathering for 
years, if not for generations, to come. 

In a paper read by M. Charles Lucas before the French Academy 
prior to the meeting of the congress, it was well remarked by that emi- 
nent and venerable man : 

InternationaT congresses have been too often repeated in onr day to be looked upon 
as facts purelj' accidental. There is a reason fen- their existence. They are the neces- 
sary consequence of the two laws of the sociability and perfectibility of man, which, 
at the present advanced stage of our civilization, demand the international exchange 
of ideas to promote the moral progress of humanity, as they do that of material pro- 
ducts to advance the public wealth. Such congresses serve to show the condition of 
different nations as regards their intellectual (levelopment, in the same manner as 
industrial exhibitions show the comparative results of their economic development. 
Hitherto there have been convened congresses of governments and congresses of citi- 
zens. The first have already done good service, and it is desirable to iiicrease their im- 
portance and their frequency in international and diplomatic relations. The second 
play the part of generous satellites of civilization, wlwich, that they may give light and 
direction to its progress, rush to the front, sometimes rather precipitately and not in 
the most perfect order, but always affording a useful stimulus to human development. 
What stamps upon the Congress of London a character of complete originality is that 
it is enritled, and, in effect, is to be, a xemi-official conference, combining the initiative 
of governments and of individuals. The circumstance most remarkable about it is 
that this semi-official character has been given to the congress by a government hereto- 
fore least disposed to interfere, in the slightest degree, with the'free initiative of indi- 
viduals and associations, and by a people least inclined to tolerate such interference. 

This analysis of the elements composing the Congress of Loudon is 
perfectly just. The congress was opened on the evening of the 3d of 
July, in the great hall of the Middle Temple, with an address by the 
right honorable the Earl of Carnarvon, a nobleman profoundly versed 
in penitentiary science and thoroughly active in the work of peniten- 
tiary reform. The address was able, lerse, and practical — one of those 
model productions which give, with a Doric simplicity, " the essences 
of things." Every sentence went straight to the mark ; every paragraph 
was marked by good sense; and the whole discourse, drawn from "the 
well of English undefiled," held the vast assemblage spellbound to the 
end. 

At the conclusion of the address Lord Harrowby offered a resolution 
of welcome to the foreign delegates, which was seconded by Sir Charles 
Adderly; and both gentlemen gave, expression, in well-conceived 
thoughts and happy phrase, to the sentiment of hospitality with which 
England received the members of the congress coming from other coun- 
tries. 

Baron Von Holtzendorff, on behalf of the continental delegates, and 
the Hon. Joseph K. Chandler, on behalf of the delegates from Amer- 
ica, replied to the welcome in terms no less graceful and eloquent than 
those in which it had been conveyed. 
H. Ex. 185 1 



2 INTERNATIONAL PENITENTIARY CONGRESS. 

The nnclersig'ned would here respectfully submit to the President his 
appreciation of the character, work, and probable results of the Con- 
gress of London. 

1. Twenty distinct nationalities were represented in the congress by 
delegates bearing commissions from their respective governments: in 
some cases one representative only being so commissioned, in others 
several. In addition to the national representatives from the United 
States and the German Empire, fifteen States of the former and five of 
the latter were also officially represented ; some of them, as in the case 
of nationalities, by a single delegate, others by a plurality. The same 
was true of several of the larger of the colonial possessions of Eng- 
land ; as, for example, India and Australia. So that altogether the 
numljer of official members with commissions from governments, could 
not have been less than sixty, and might have reached, and probably 
did, to seventy. This is a great fact, quite unprecedented in the annals 
of penitentiary reform. 

2. Besides official members, numerous delegates were present with 
commissions from national committees, prison societies, managing 
boards of i:)enitentiary and reformatory establishments, societies of 
jurists, criminal-law departments of universities, and last, though not 
least, the Institute of Fraiice, the most illustrious body of sovans iu the 
world. Between official and non-official members, that is, delegates 
commissioned by governments and delegates commissioned by such or- 
ganizations as those named in the preceding sentence, the congress 
must have numbered not much, if any, less than four hundred mem- 
bers. 

3. If the cqngress was conspicuous by the number of its members and 
of the governments and organizations represented, it was no less con- 
spicuous by their ability and thorough mastery of the questions which 
engaged its study. It was a reunion of specialists — men and women 
largely devoted to prison-work, whether in the investigation of the 
])rinci])les of ])enitentiarv science or in their practical ap])lication — 
and embodying, representatively, the knowledge, experience, and wis- 
dom of the Avorld on the subjects to which its labors were dedicated. 

4. It is much that the thinlcers and workers in this great cause have 
met in council ; that they have looked into eacli othei's faces ; that they 
have gras[)ed hands; .and that they have felt their hearts beating, as it 
w«^re, one against the other. Symi)athies have thus been awakened 
and friends!ii[)s ibrmed, ii-om which precious fruits will be gathered. 
All will go back to tlieir respecive fields, to work with greater earnest- 
ness and liiglier hope from the strength and courage received from su(;h 
Communion. Valuable correspondence and the interchange of nuitually 
instructive docuinents cannot fail to be among the useful results of the 
acqiniintances foi-med at this great international gathering. Another 
benefit will be a far more extensive international visitatiou of ])risons; 
and from tliis will conu', on the one side, a largi^ intbix into the diiferent 
countries of lu'w and in many cases fiuitful ideas, and, on the other, a 
great diminution, if not a comj)h'te obliteration, of international preju- 

(licAiH. 

5. An amount of information on the jjcnitejitiary aiul reformatory 
systems of dilTeicnt countries and their residls, never, I think, hereto- 
fore collected, juid ceitainly never before ])resented in one view, is 
among the most ])recions results of this congress. The greater i)art of 
the governments represented handed in ('arefully-])repared official re- 
ports in response to a series of (piestions submitted to them by the un- 
dersigned, and the information tlius offered, wide and valuable as it is, 



INTRODUCTORY CHARACTER AND BENEFITS. 6 

was most usefully supplemented by facts communicated and statements 
made by delegates on the floor of the congress. It would be dilticult to 
exaggerate the value of such a mass of information, coming, as it does, 
from the most authentic sources, and, by consequence, (,'lotlied with an 
authority with which it could not have been otherwise invested. 

6. The vast fund of precious information thus accumulated will be 
diffused, through the agency of the congress, to the utmost limits of 
civilization. It is to be presumed that the official delegates will all 
make reports to the governments by which they were commissioned, 
all of which reports will, no doubt, be published among the archives 
of the governments to which they are made, and will thus not onl^- 
be circulated among the people of all civilized countries, but will come 
under the special notice of the makers and executors of the laws of 
those countries. 

But this is not all. The numerous non-official delegates will, beyond 
a doubt, in a thousand different forms and through as nmny several 
channels, make report of the doings of the congress to their respective 
constituencies ; and the press of all nations — so keen in its scent of news, 
so prompt to catch and crystallize all forms of thought, so potent for good 
as well as for evil, and, to its praise be it said, so ready, in the main, to 
lend its powerful aid to every worthy cause — will echo and re-echo these 
many voices to the very ends of the earth. What iinagination can 
grasp the amount of good which will, in this infinite variety of ways, 
be accomplished through the congress, or forecast the progress thence 
likely to result in a department of social science second in importance 
to no other in the whole field of social investigation ? 

7. The congress has given, or is destined to give, an immense* impulse 
to the cause of prison reform. On this point it is enough to refer to 
what has been written above, and to state that the evidences of a newly- 
a wakened Interest in penitentiary questions, and of a strengthened 
l^urpose to seek their just solution, are visible on every side. 

8. It is not to be disguised that the summoning of such an assemblage 
as that of the late Congress of London was a hazardous experiment. 
It w-as, from the start, encompassed with dangers as well as difficulties : 
and a peril far from inconsiderable, and awakening uo little anxiety, 
and even some alarm in my mind, developed itself in the progress of its 
labors. Eepresentatives from more than twenty different nationalities, 
coming together literally from the ends of the earth, for .the study of 
problems at once so important and so perplexed as those comprehended 
in the field of penitentiary science, could not fail to develop a good 
deal of difference of opinion, which might become so sharp as to end in 
a violent disruption of the body. This is the peril referred to above as 
Laving actually presented itself — rather, however, to those who were 
more in the inner circle than to the ordinary observer. But by moder- 
ation and prudence the danger was averted, and the congress was, in 
the end, able to announce a series of propositions of the highest im- 
portance, embodying its conception of the cardinal principles of prison 
discipline. They are substantially those adopted by the Congress oi 
Cincinnati, in 1870. This was a great result ; and the whole world may, 
it seems to me, be congratulated on such a conclusion to the labors ol 
the Congress of London. The propositions announced will enter as seed 
into the public opinion of the world, and can hardly fail, in due time, 
to make themselves felt in improved systems of criminal law and prison 
discipline. Indeed, Professor Marquardsen, of Bavaria, a distinguished 
member of the German Parliament, ]Kiblicly declared his conviction 
that the new penal code for the German Empire, now under consideration 



4 ' INTERXATIOXAL PENITENTIARY CONGRESS. 

by the Parliament, would be materially improved through the labors of 
the congress. 

9. The congress will have made a contribution of great value to the 
literature of penology. Its volume of transactions will embody: 1, the 
official reports of governments on the penitentiary systems and admin- 
istrations of their respective countries ; 2, the discussions had on the 
numerous and important questions which came before the body for its 
consideration, taken down at the time by competent reporters; 3, the 
papers submitted to the congress by distinguished si)ecialists in differ- 
ent countries, most of them of remarkable ability, breadth, and power, 

10. Another admirable result of the congress is the creation of a i^er- 
manent international committee, charged with important functions in 
the interest of international prison reform, and more particularly with 
the duty of seeking to secure greater uniformity and trustworthiness 
in international prison statistics. The committee is constituted as fol- 
lows: Dr. Wines, United States, chairman; Signor BeltraniScalia, 
Italy, secretary : Mr. G. W. Hastings, England; M. Loyson, France; 
Dr. Guillaume, Switzerland; Mr. SteveuvS, Belgium; Mr. M. S.Pols, 
Netherlands; I3r. Frey, Austria; Count Sollohub, Eussia: and Baron 
Von Iloltzendorft', Germany. This committee will hold its first annual 
meeting in Brussels, Belgium, in the month of September, 1873. 
Doubtless one of the most important questions that will then come 
before the committee will be that of calling another international pen- 
itentiary congress, and if that question be decided affirmatively, the 
duty will arise of fixing the time and place for holding it, and of deter- 
mining the bases on which it shall be organized and conducted. It may 
be hoped that this committee will form a kind of central bureau, to 
■which intelligence relating to prison reform, and the progress made 
therein, will be communicated, year by year, from all parts of the world, 
and from which, in a condensed and digested form, it will be again dis- 
tributed to every region of the globe. Thus every part of the world 
will he kept informed of what is doing in every other part in reference 
to this vital interest of society. In this way a continual circulation of 
ideas on penitentiary' questions will be maintained ; the nature and re- 
sult of experiments undertaken in any given country will be speedily 
nuide known in every other: and an honorable rivalry will be kept up 
between nations, in which each, while rejoicing iu every instance and 
at every proof of progress elsewhere, will yet strive to outstrip its fel- 
lows in the race of improvement. 

1 1. Three great national commissions have already grown, not, indeed, 
out of the congress, but out of the movement for the congress, having 
been ci-eated before the body itself assembled, but not before the j^ropo- 
sition for it had been submitted to the governments b^^ which the com- 
missions have been inauguratcMl. The tirst is a royal commission for 
Italy, named by the King last autumn, on a rei)ort submitted to him by 
the i)rime minister, Mr. Ijanza, atfer an interview had with him by the 
undei'sigiied, ;ind exjMessIy based on what passed at that interview. 
1"he second is a h'gis];itive commission I'or ]<"'ran(H\created by tho National 
Assemt)I.\-, in piiisnance of a i-eport sulunitted to that body by tlu» Vis- 
count (ril;iMss((n\ ille and an a(;t i)assed on his motion early last winter. 
'JMie distinguished mend»er a\'owed, in terms, that hfsreijort and motion 
grew out of the. jMoposil ion Ibr the, Congress of London, and that the 
labors of tite <;ommission were, in pait, intended as a ])iei)aration for 
that assemblage. 'J"lu^ third is an imjieriai commission tor llussia, 
named by de(n-ee of the Czar last siu'ing. The tirst two of these com- 
missions,'^namely, tor Italy and France, have, for object, penitentiary 



IiN'TliODUCTOm' CHAKACTER AND BENEFITS. 5 

■ reforms in those countries. The third lias been created with a view, liot 
of iini)roviii<;- an exisriuLi,' prison system, but of devisinj^' one entirely 
new, tor a vast and [)Owerfiil emi)ire. They are all composed of eminent 
citizens, chosen ou account of special fitness for the work to which they 
Lave been called. The French comniission is formed, in one respect, 
ou the model of the congress ; that is to say, it combines the official 
and uouofBcial elements, which, as M. Lucas has shown, gave a char- 
acter of special originality to that body. The act created a commission 
of fifteen members of the Assembly, with authority to associate in their 
hibors such other persons, from outside the legislative body, as they 
might deem proper to invite. The commission is actually constituted of 
fifteen members of the Assembly and fifteen private citizens summoned 
to their aid. 

12. The Congress of Loudon has made easy the holding of future con- 
gresses of the same kind, since all agree that it has been a success, and 
all unite in the desire that others, with similar aims and objects, should 
follow, and, indeed, that a character of ])eriodicity should be given to 
them. But, more than this, it has taught us how to prepare for and conduct 
them in such a way as to derive the highest advantage from their labors. 

The appreciation of the congress and its labors, contained in the fore- 
goiuc? paragraphs, is shared by many eminent men in Europe, as corre- 
vSpondence, had with them by the undersigned since its sessions were 
closed, abundantly attests.. I venture, in proof of this, to offer a single 
extract from one of the letters received within the period referred to. 
It is from Mr. M. S. Pols, one of the oflicial delegates from Holland, who 
took rank, by common consent, among the most intelligent, industriouSj 
and useful members of the congress. Mr. Pols says : 

I received a copy of the Loiulou Times contaiuing your letter, and ou nearly all 
poiuts fnlly concur with you iu opinion. I never expected anj^ direct result from the 
congress, nor do I believe such to be the case with any congress not specially convoked 
for ibhe solution of a distinctly stated question. The great aim of such congresses is 
to stir public opinion and to give it a mighty impulse iu some direction. This aim, I 
believe, has been fully attained by the Loudon congress, and as I believe that public 
opiuiou rules the world, not only in free countries, like, yours and mine, but even in 
states seemingly directed by an uncontrolled executive power, the indirect results of 
the congress will soon appear, and our (or, as I do not hesitate to say, your) work will 
be proven not to have been fruitless. The thoroughly practical and scientific character 
of the proceedings, the earnest, and on many poiuts exhaustive discussious, and the 
nnanimous accord finally reached concerning so many great and important principles 
of ijenifreutiary discipline, insure its success, which will prove the greater, as it will 
be won by instillation and not bj' strong measures, too soon iu general counteracted by 
reaction. Nor do I think it one of the least remarkable results of the congress that 
men, so widely diverging as to the means of working out common principles, have met 
one another without any quarreling or pei'sonal strife, but, without au exception that 
I am aware of, have showu the greatest esteem for their strongest antagonists, the 
largest toleratioii for adverse opinions. The absence of petty jealousies and personal 
vanities insures, as I believe, au impartial and broad consideration of the rival sys- 
tems. 

The report which the undersigned has the honor now to submit to 
the President will consist of five parts, as follows : 

Part First will present a complete resume, arranged iu subjects, of the 
information furnished in the olficiul rei)orts submitted to the congress 
from the different countries, thus giving, at a glance, a comparative 
view of the present state of prisou discipline and the ijrogress of prison 
reform in the leading nations of the world. 

Part Second will review and condense the proceedings of the congress, 
giving the gist of the debates aud the main currents of opinion and 
argument dev.elox)ed in th£m^ 



6 INTERNATIONAL PENITENTIARY CONGRESS. 

Fart Third ^svill contain some notice of the papers offered to the con- 
gress, with an analysis of a portion of them. 

Part Fourth vrill embody the results of the personal observations and 
inquiries of the undersigned in relation to the prisons and reformatories 
of Europe. 

Part Fifth will deduce, from all that has gone before, its appropriate 
lessons, and state them in the form of suggestions and recommendations. 



PART FIRST. 



STATE OF PRISONS. 



CHAPTER I. 
PRISON STSTEMS. 

§ 1. Austria has three classes of prisons, those for male and female 
prisoners being distinct establishments, viz : 1, prisons for persons sen- 
tenced to more than one year of imprisonment ; U, prisons for persons 
sentenced, to less than one year; 3, prisons of the district-courts for 
minor offenses. Of the first class, there are eighteen, with a mean pop- 
ulation of 10,490; of the second class there are sixty-two, with an aver- 
age population of 7,103 ; of the third, neither the number of i)risoDS nor 
the population is given. 

The proportion of male prisoners to female in prisons of the first class 
is as five to one, and in jorisons of the second class as six to one. 

Until quite recently the associated system of imprisonment aloue ex- 
isted in Austria. Since 1867 all new prison constructions have been 
arranged in such manner that associated imprisonment may be com- 
bined with cellular; so that, excepting short imprisonments, which, it is 
held in Austria, ought to be wholly cellular, every *i3risoner should, as a 
rule, spend at least the first eight months of his imprisonment in a cell, 
and the remainder in association, under conditions of proper classifica- 
tion, and a consequent graduaUj'improved treatment and a gradual prep- 
aration for liberty. Several prisons of the first class have been built or 
are in process of construction upon this |)lan, in which, nevertheless, it 
isintended that one-third of theinmates shall undergp their entire punish- 
ment in cells, and that the other two-thirds, after eight months of cellu- 
lar confinement, shall pass into the state of association and enjoy the 
benefits of a i^rogressive classification. One prison only of the second 
class has thus far been arranged on this plan. 

The considerations which have prompted this change are that collective 
imprisonment, carried through the whole sentence, has been found by 
experience incompatible with individual treatment, and consequently 
obstructive as regards the moral improvement of the i^risoner, partic- 
ularly in the old and ill-constructed country prisons, so that many are 
made worse instead of better by their imprisonment. On the other 
hand, the system of absolute isolation has been attended with this 
disadvantage, that it makes the prisoner weak-willed, especially if the 
confinement is long continued. It incapacitates him to meet success- 
fully the temptations that beset him on his return to liberty. Difference 
of culture is also found to give a wide difference of result in the 
application of the cellular system, and many prove, on trial, wholly un- 
fitted for isolation. On these grounds it has been judged wisest to 
choose a middle course, and combine the two systems. 

In prisons where the associated system is followed there exists a 
classification of prisoners in the dormitories. Youthful criminals, espe- 
cially, are kept as much as possible from old and hardened offenders; 



8 INTEKXATIONAL PENITENTIARY CONGRESS. 

and educated prisoners are not, if it can be avoided, placed with the 
ignorant, the rnde, and the base. The opinion is expressed in the report 
that tbe same classification should be (whence the inference is plain tliat 
it is not) extended to the tii;:e and place when and where tbe prisoners 
take their exercise. It is further declared that the basis of classifica- 
tion should be age, education, state of n)ind, former life, degree of guilt, 
aud tiie crime committed ; a principle which, in the opinion of the un- 
dersigned, cannot, in regard to most of the particulars named, be ap- 
plied with any great degree of certainty, and which, because of its arbi- 
trary" character, would be of little value if it could. 

There are two liinds of sentence in- Austria, viz: to simple or strict 
imprisonment for serious offenses, and to simple or strict detention for 
those of a lighter character. The punishment of imprisonment draws 
after it the obligation to wear the prison garb, to submit to the prison 
fare, and to perform the allotted work. Political prisoners are absolved 
■from comi)ulsory labor and'from the prison dress, which last exemption 
is also accorded to prisoners sentenced tosiniple imprisonment. 

The i)unishment of strict detention involves a treatment conformed, 
in respect of food aud labor, to the i)risou regulations, but the prisoner 
is excused from wearing the prison dress and the work given him is of 
a lighter character. 

Simple detention is for persons under arrest, and means merely the 
safe-keeping of the prisoner, who has the right to choose his own occu- 
I)ation and, if he be so disposed, to provide his own food. 

A singular adjustment of the relative duration of cellular and associ- 
ated imprisonments has place in Austria. A recent enactment provides 
that, after the lapse of three months passed consecutively in isola- 
tion, every period of two days so passed shall count as three in the 
term of his sentence. Another provision of the same act limits cellular 
in)prisoument to three years and forbids the application of that s^'stem 
to prisoners sentenced for life. • 

The funds for the support of the prisoners come from the state. Here 
and there, however, there exist small endowments in laud or monej', 
the revenues of which are applied to that purpose. In Vienna tiiere is 
an old arrangement, by Avliich all theaters and public exhibitions must 
contribute an annual fixed sum, of which half is paid for the relief of 
the poor and- the other half to the prison-funds of the province of 
Lower Austria. The prisoners are by law obliged to pay the actual cost 
of their keep out of. their own property. That part wliich goes to the 
state is set oft' against the amount received for prison labor. In the 
year 18G0, the sum i)aid to the state as the product of prison labor 
amounted to only the fifteenth part of the sum spent on prisons by the 
government. 

Tlie diicctors and offic-ersof the i)risons of the state receive, when iu- 
capacitate<l, the same i)ensions as its other servants. These pensions are : 
After more than ten years of service, one-third ; twenty years, one-half; 
thirty yeai\s, two-thiids; forty yeajs, the whoh^ of their last salary. 

\i an oflicer bdbre serving ten years l)ec<»mes inca])ucitated he re- 
<-eiv«'s, once for ail, a sum of money e<pial to ids last year's salary, if he 
lias he<;oiiM^ incai)acitated by the service, as, for example, if he become 
insane or blind, lie receives a })ension of one-(puirter or more, according 
to (;ircumstan(;(^s, of his last year's salaiy. 

§ L', Th(! stafenuMit in the report sid)mitted on the part of Delgium, 
in relation to the classifurafion and nund)er of ])iisons in that kingdom, 
is not peilectly cl(;ar. From its terms there would appear to l)e but two 
{;eneial classes of penal establishments, or three, including those for 



PRISON SYSTEMS AUSTRIA BELGIUM. 9 

juvoriilcs, viz : 1, central prisons, corresponding to what among us are 
known as state-prisons ; 2, houses of arrest (called provostal when de- 
signed for the safe-keeping of military prisoners), which are found near 
all tribunals of primary jurisdiction and all courts of justice, for the 
custody of persons awaiting examination or trial, and also for tlie pun- 
ishment of prisoners convicted of minor offenses; 3, houses of refuge 
for jurenjles, of both sexes, acquitted as having acted without knowl- 
edge, but placed under the care of the government^for a certain period, 
to be educated and trained to industry and virtue. 

The cellular system carries by far the larger number of voices in Bel- 
gium, and has the high honor of counting, in that number, its ablest 
and most earnest living defender, M. Stevens, inspector-general of 
prisons for the kingdom. Of the twenty-six prisons in Belgium, 
eighteen are conducted on the cellular system, and of the six congregate- 
prisons four are undergoing alterations to adapt them to the system of 
separate imprisonment. The report submitted to the congress by the 
Belgian authorities states that the legislature has given its preference 
to the cellular system, because it renders repression more efficacious 
and because the reformation of the convict is thereby better ijisured. 
The results claimed for the system in that country will be more fully 
set forth in Part Second of this report. 

The number of prisoners confined in the Belgian prisons is not given; 
but the two sexes are stated to be represented in the proportion of 88 
per cent, of men and 12 pef cent, of women. 

There are three kinds of sentence pronounced by the tribunals of 
Belgium, viz, to imprisonment, to reclusion, and to hard labor. Sen- 
tences to simple imprisonment are from eight days to five years; sen- 
tences to reclusion from five to ten years ; to hard labor from ten to 
twenty years or for life. The report states that the diifereuce in the 
treatment of prisoners sentenced to hard labor consists in this, that the 
first are confined in houses of correction, the second in houses of reclu- 
sion, and tlie third in convict-prisons. This statement is by no means 
clear, and the obscurity is increased by the fact that, in the enumera- 
tion of prisons, as given in a previous part of the report, no mention 
is made of either houses of correction or houses of reclusion. 

In the congregate penal prisons the prisoners are divided into three 
classes. The lowest class comprises those whose antecedents are the 
most unfavorable and whose conduct is bad. This class bears the 
name of punishment-division. The middle class comprises prisoners 
whose antecedents, without being decidedly unfavorable and their con- 
duct absolutely bad, have, nevertheless, need to be subjected to a pro- 
bation, longer or shorter, before being definitively classed. This class 
has the name of probation-division. The third is composed of prisoners 
Avho, by their antecedents or their good conduct in the penitentiary, 
have claim to a special distinction. This class bears the name of recom- 
pense-division. 

These three classes, although subjected to the same rer/ime and the 
same exercises, are nevertheless the objects of special distinctions. In 
order to be able to recognize the prisoners who belong to each, a dis- 
tinctive mark in the clothing is adopted for each division. Tlie prison- 
ers of the puliishment-division are subjected to the most painful labors, 
are deprived of the cantine, and suffer various privations, especially 
that of visits from and correspondence with the outside, except in 
urgent cases, which are left to the judgment of the director. The pas- 
sage from one division into another is determined by the administrative 
commission, on the i)roposal of the director. To this end the records of 



10 INTERNATIONAL PENITENTIARY CONGRESS. 

conduct and of pnnisliment are consulted. Tlie examination for classi- 
fication talies place daring the first third of each year, unless ottener 
made necessary by exceptional circumstances resulting from o\'ercrowd- 
ing in one or other of the sections. 

The numbers of the prisoners assigned to each division are inscribed 
on a roster suspended on the wall. 

The first classification is made by the director according to the known 
antecedents of the convict on his entrance, the circumstances revealed 
on the occasion of his conviction, and the notes which are forwaixled by 
the courts. The results of this system of classifying are not stated, but 
there is an implication that they are not particularly remarkable in an 
opinion expressed to the effect that, " to obtain solid results in a, disci- 
I^linary and moral point of view, it would be necessary to ap[)ropriate 
special wards to the different classes." 

The funds needed for the support of the prisoners are derived from the 
same source as the funds required for the support of the other de])art- 
ments of the public service. The cost of each day's support is counted 
in gross, without taking account of the product of the prison labor, 
which is turned over to the treasury. The value of this labor is not 
stated. 

The pension granted to prison-officers who have become incapacitated, 
before the proper time for retirement, for a further discharge of their 
duties, is regulated on the footing of the average salary of their last 
five years of service. The pension allowed them on retiring is the same 
as that allowed to all the other functionaries of the government. 

§3. In Denmark there are two general classes of sentences, viz, to 
imprisonment and to hard labor. There are three kinds of imprison- 
ment: 1, imprisonment from two days to two years, during whicli the 
prisoner, though restrained of liberty, is permitted to procure whatever 
comforts he can by his own efforts; 2, imprisonment on common prison- 
fare from two days to six months, during Avhich the prisoner is sub- 
jected to the disci]>line of the prison and restricted to the ])resoribed 
jn'ison fare ; 3, imprisonment on bread and water from two to thirty days. 
These punishments are uiulergone in the same buildings wliere persons 
not yet sentenced are detained. Every jurisdi(;tion has its jail, the 
whole number in the kingdom being ninety-three. They vary greatly 
in size, that in Copenhagen having accommodations for more than two 
hundred inmates, while the smaller ones can receive only from four to 
six. The ordinary inimber of persons, in the whole country, who are 
either awaiting trial or sentenced to imprisonment in jail, is about five 
liundnMl. These jails are constructed and maintained at the expense of 
t])e jurisdiction in whi(;h they are situated. J>y far the great^in- part are 
of recent (MUistruction ; and as none can be built or mateiially altered 
without an approval of the plan by the ministry, the sanu> i)r!n('.iples of 
construction are realized wil.ii res[)ect to all. Tlie law re(|uires that im- 
])risonm('nt in the jails be cellular, uidess positively forbidden by the 
in(Hii(*al officer. Conserpiently all the cells in the more recent construc- 
tions are for single persons, and contain al)out 800 cubic feet of space. 

SentencM'S to hard labor are of two kinds, viz, to "labor for ame- 
liorating" and "lal)or for ])unishing." Sentences of the first class, from 
eight months to six yeais, are undergone in houses of corfecliou. The 
imprisonment is c.elluhir, l)ut-, with deductions from tiie ttu-nis of sen- 
tence, expicssly on the ground of the isolation of llie ])risoniM' increas- 
ing in j)i-opoition to tlie length of tlM> sentence. Thus a nominal sen- 
teiu'e of eiglit months is leihieed to six, and one ol six years to three 
and a iuilf, tiiis latter btang the longest period pernjitted by the laws of 



PRISON SYSTEMS DENMARK FRANCE. 11 

Denmark for punislirneiit in separate cells. The persons sentenced to 
this denomination of labor are either, first, those who have coniinicted 
a slight offense or, at least, a crime not so great as to receive a sentence 
of more thtMi six years ; or, secondly, those who liave not been pre- 
viously convicted ; or, thirdly, young criminals, not exceeding twenty- 
five years. They are, consequently, without exception, persons whose 
moral regeneration may be hoped for. 

Sentences to hard laljor of the second class, ranging from two years 
to life, are undergone in prison!^ on the Auburn plan, the prisoners be- 
ing together in the daytime, but separated at night. The prisoners so 
sentenced are divided into two classes. The first receive sentences of 
two to six years, being persons of a more advanced age, or who have 
been punished before. Their crimes are not great, but their moral vigor 
is broken. They form the fixed stock of the prisons, inveterate thieves, 
an assemblage of i)ersous wretched and enervate, as well in a moral as 
in a bodily i)oint of view ; ruined by idleness, drink, and debauchery. 
The second class receive sentences from six years to life. They have 
the name of " great criminals," but, though the crime committed may 
be grave, it does not follow that it has necessarily sprung out of a 
thoroughly corrupted nature; on the contrary, it often stands solitary 
and has been committed in a momentary passion or under great mental 
depression. 

For criminals sentenced to ^' hard labor for ameliorating," there is 
one prison (male) on the cellular system. For those sentenced to " hard 
labor for punishing," there are three, (two male and one female,) all on 
the associated plan. However, as there is but one prison for women, it 
contains prisoners sentenced to "ameliorating" as well as to " punish- 
ing labor ; " but the former are treated on the cellular, as the latter 
on the congregate, principle. The four prisons have accommodations 
for an aggregate of seventeen hundred inmates. The average number 
is about twelve hundred, and the iiroportiou of women a fraction over 
12 per cent.* 

While I am writing this report, a letter reaches me from Mr. Bruiin, 
in which he says that his first work, after his return from London, was 
to draw up, on the request of the ministry, a proposal touching the 
manner of carrying into effect the punishment in the congregate prisons, 
based on the resolutions formed by the congress. 

§ 4. The prisons of France are comprehended in six classes, to wit : 
1, penal colonies ; 2, central prisons ; 3, departmental prisons ; 4, es- 
tablishments for the correctional education of juvenile delinquents ; 
5, chambers, or depots of safe-keeping; G, prisons for the army and 
navy. 

Formerly, persons sentenced to hard labor received their punishment 
in galleys. There remains but one establishment of this kind at present, 
the bagnio at Toulon. The galley-prisons have, since 1854, been re- 
placed by transportation to penal colonies. Of these there are three, viz, 
in Algeria, in Guiana, and in New Caledonia — an island of Oceanica — the 
latter being the most important and the most hopeful. The colony of 
New Caledonia was created in 18G4. This island offers, by the salubrity 
of its climate and the fertility of its soil, conditions propitious to trans- 
portation. The transportation of women is authorized by the law, in 
view of marriages to be contracted with the convicts after their provi- 

*The official report from Denmark being very brief, I bave aupplemeuted the infor- 
mation given in it by recourse to a paper on " Prison-Discipline in Denmark," pre- 
pared for the Cincinnati congress by Mr. Bruiin, supreme director of prisons in Den- 
mark.— E. C. W. 



12 INTERNATIONAL PENITENTIAEY CONGRESS. 

sioDal or definitive, liberation. Tlie administration selected, from amon;]^ 
tlie female prisoners of every class, those who expressed a desire to 
profit by these arrangements. These women are placed, to nndergo 
their punishment until their provisional or definitive libyaration, in a 
special establishment at Maroni, under the sn[)er vision of the religious 
ladies of Cherry. The majority of females, however, sentenced to hard 
labor still undergo their punishment in the Central prisons of the con- 
tinent. 

The central prisons of France correspond to the state prisons in the 
United States. Their legal designation is " prisons of hard labor and 
correction." The}^ receive three classes of prisoners, viz, woiuen of all 
ages and men of the age of sixty and upivard, persons sentenced to 
reclusion, and persons sentenced as correctionals to an imprisonment 
of more than a year. 

The departmental prisons are so called, not only because they are 
devoted to the exclusive service of the departments in wliich they are 
placed, but still more from considerations of property and maintenance; 
they have also the name of houses of arrest, of justice, and of correction. 
These prisons receive the arrested ; the accused ; the correctionals sen- 
tenced to one year and less; persons Sentenced to severer punishments 
who are awaiting their transfer; police prisoners; persons imprisoned 
for debts in matters criminal, correctional, of simple police, and of Jisc; 
juvenile prisoners, whether arrested, accused, or committed in the way 
of paternal correction, and civil and military prisoners eii route. In 
general, the three houses are but three distinct wards in the same 
establishment, although, to answer the intention of the law, the house 
of correction, as being a place of punishment, should be tlistiuct from 
the other tuo. 

The establislimeuts devoted to the correctional education of juvenile 
delinquents receive minors of both sexes of sixteen years and under. 
These will be considered more at length under another head. 

The name of chambers for safe-keeping is given to places in which 
are received prisoners who are being conveyed from point to point in 
localities where there is no house of arrest, of justice, or of correction. 
These chambers and depots have the same destination as such houses, 
and are but places for the temporary confinement of prisoners en route. 

The military prisons need not be described in this rei)()rt. 

The cellular system is not applied in any central prison. The disci- 
pline of these prisons is that of detention in common with the obliga- 
tion of silence. Some of them, however, have cellular wards, in which 
may be confined certain classes of ])risoners. 

Out of four hundred dcpartmeutal i)ris()ns, fifty are constructed on the 
celhdar system ; but even in these, or at huist a large i)roportion of tliein, 
it is the edifice only wliich is celhdar, the system being in reality that 
of association by day, whilov separation is restricted to the night; so 
that no att(;m[>t is made in the report from France to establish a com- 
parison of the results yielded by the two systems. The report declares 
that the results obtaiiu'd by the existing system are far from Ixnng satis- 
factory. i\Iore than 51) per <;ent. of the male ])risoners and about one- 
third of the women discharged IVom the central jnisons fall back into 
Ci'ime. The rei)ort strenuously ailvocates the abandoiiMU'nt of the 
rc(/iin(; in comiifon, so far as the arrested, the accused, and i)ersons 
sentetieed to short imjjrisouments art; concern(!(l. 

The, i)art (loiitrihuted l)y tiu! labor of the ])iisoners toward Ihe cost of 
inainlciianc<i is placc(l at 50 jicr cent, in the ccnti'al i)rison.s aud at 17 
per cent, in the departniental prisons, the delicaency beiug made up from 



PRISON SYSTEMS — FRANCE BADEN. 13 

the public exclioquor. Some of tlie centra! prisons, liowever, do inncli 
better than this. In one of the fenuUe central i)rison8 it has been possi- 
ble entii'cly to withdraw the sal>sidy granted by the state, the earnings 
of the prisoners being sufficient for the support of the establislmieut. In 
another central prison the earnings more than defray the cost, and in sev- 
eral that result is approached more or less nearly. It is hoped from, 
these examples that the administration will at length attain the end 
which it has always sought in this regard — that of exempting the treas- 
ury from the personal expenses of the prisoners who are conliued in 
its great i>risons for punishment. 

The difference between sentences to simple imprisonment, to reclusion, 
and to hard labor, which are the three kinds of sentence known in 
France, is thus explained: Simple imprisonment is a correctional pun- 
ishment, its duration being for six days at least and five years at most. 
It is undergone in a departmental prison if its duration falls within a 
3'ear; if beyond that, in a central prison. Eeclusion is a punishment 
attlictive and infamous. The sentence to it, which is from five to ten 
years, is always served in a central prison. It implies the loss of civic 
rights. Hard labor is an afflictive and infamous punishment. A sen- 
tence to it for life involves civic degradation and civil death. The 
sentence which iaiposes the punishment of hard labor is printed and 
posted in the central city of the department, in the city where the 
sentence was pronounced, in the commune where the crime was com- 
mitted, and in that of the domicile of the convict. Criminals sentenced 
to hard labor for a limited term are, at the expiration of their sentence 
and during their whole life, legally under the supervision of the police. 

Classification of prisoners has been practised to some extent both in 
the departmental and central prisons; but, apparently, it has not been 
such as to lead to solid results. An experiment, liowever, of great 
interest, was inaugurated a few years ago in this direction. Wards, to 
which has been given the name of wards of preservation and amend- 
ment, have been established in many central prisons, and a})proi)riated 
to persons sentenced for a first offense, committed under the influence 
of a sudden impulse or of some violent momentaiy passion. This 
experiment promises the best results. The prisoners placed in these 
wards have shown themselves sensible to the distinction of which they 
have been made the object and have exerted themselves to justify it 
by their good conduct. The cases are extremely rare in which it has 
been found necessary to put them back into the common ward. 

The different agents of the penitentiary administration are subject, as 
regards their retirement and the ])ension that may be granted them, to the 
rules embodied in the law of the Dtli of June, 1853, relating to civil pensions. 
The principle laid down by this law is that every public functionary, 
paid directly from the funds of the state, has a legal claim to a retiring- 
pension, when he fulHlls the required conditions of age and of continu- 
ance in the service, that is to say, when he has attained the age of sixty 
and has accomplished a service of twenty years. It is important to 
remark that account is made of military services when there are super- 
added to them twelve years, at least, of civil services. Moreover, a 
pension can be granted at fifty years of age, and after twenty years of 
service, to those who have become incapacitated from a longer discharge 
of official duty by grave infirmities resulting- from the exercise of their 
functions. In short, this same law relieves from every condition of age 
and continued service, 1, those who may have been disabled from 
continuing their service, whether as the result of an act of devotion in 
some public interest, or in exposing their own life to save the life of one 



14 INTERNATIONAL PENITENTIARY CONGRESS. 

of tlieir fellow-citizens, or as tbe result of a struggle or combat encoun- 
tered iu the discharge of their duties; 2, those to whom a grave 
accident, resulting, notoriously, from the exercise of their functions, 
shall have made it impossible to continue them. 

§ 5. The German Empire was represented by a delegate named by the 
central government, but no report was submitted on behalf of the whole 
empire. Five states, however — Baden, Bavaria, Prussia, Saxony, and 
Wiirtemberg — submitted reports each for itself. 

(1) There are four classes of prisons iu Baden : Houses of correc- 
tion ; central prisons, of which, however, there is but one ; district- 
prisons; and fortresses. 

Prisoners sentenced to hard labor are placed in houses of correction ; 
prisoners sentenced to more than six weeks of imprisonment are placed 
ill the central prison, and those sentenced to less than six weeks in dis- 
trict-prisons. The district-prisons are also used for the safe keeping of 
persons awaiting trial. There is one prison of this kind for each of the 
tifty-three district-courts of the grand duchy. The report does not state 
^vhat class of criminals are sentenced to fortresses, but simply that the 
number of such is small. It further states that the punishment of those 
thus contiued, as well as of the inmates of district prisons, is simply 
privation of liberty, the prisoners being free as to the choice of food 
and occui)ation. 

The punishment of prisoners contiued in houses of correction and in 
the central prison is undergone in cells, as is also the imprisonment of 
persons under arrest. Certain restrictions, however, have yjlace as 
regards the intiiction of imprisonment on the cellular plan. It cannot 
be extended, contrary to the prisoner's wish, beyond three years ; nor 
can it, if he be between the ages of twelve and eighteen y/.-ars and if 
he object, be applied beyond a maximum of six months. Those Avho 
object to this kind of imprisonment beyond the terms named above, 
and those who are pronounced by the medical ofilicers unfit for it, are 
treated on the plan of association ; nevertheless, they are associated 
only during the hours of labor; and they are, as far as possible, classi- 
fied for distribution in the work shops according to their personal quali- 
ties, and in a manner best suited to promote their moral amendment. 

The results of the cellular system have been favorable, and so have 
those of the congregate system when it has been organized and carried 
out on right priucii)les. 

The number of prisoners confined, January 1, 1871, and which ])rob- 
ably rejjresents about the average, was: Houses of correction, 303; 
central prison of Bruchsal, 441; district-prisons, under sentence, 198 — 
awaiting trial, 227; total, 1,1G9. Of these, 85 per cent, were men and 
1.5 |)('r ('cnt. women. 

The suppoitoCthe ])risons is derived from three sources, viz: 1, pay- 
ments by i)iis()ners who have property; these amount to very little ; 
2, tiie, labor of the prisoners; Ij, subsidies by the state. 

'J'lic gjiins liom prison-labor (lilTcr materially, according to the dura- 
tion of the piinislinicnt, tiu', kind (»ri)rison, and the number in each. Tiie 
])rodnct of the tiades <;iirried on in the cellular i)rison of Bruchsal has 
Hometimes siiniccd to pay the wliole expense of the eslal>lishni<'nt, with 
the excejition of the salaries of oilicers; and for twenty yenrs it has, on 
theaverage, ])i\'u\ consi<leral)ly moic- than two-thirds of the current ex- 
penses of the |»rison. 

To su|)erior oflicers, on retirement from service, there is granted 
an annual pension equal to lour-liftiis of their salary; to the inferior, 
equal to one half. 



PRISON SYSTEMS BAVARIA PRUSSIA. 15 

(2) The classification of the prisons of Bavaria is as follows : 1, 
houses of correction ; 2, prisons for adult criminals sentenced for a 
term exceeding three months and for juvenile delinquents for a tenu 
exceeding one month ; 3, district-prisons of courts of justice for adult 
criminals sentenced for less than three months and for juveniles sentenced 
for less than one mouth. ; 4, police prisons for persons arrested and held 
lor trial. 

There are distinct prisons for men and women of the class called 
Louses of correction ; in other i^risons the two sexes are placed in differ- 
ent ])arts of the establishment. 

For persons convicted of crimes against property — theft, fraud, rob- 
bery, obtaining money or goods under false prtjtenses, extortion, receiv- 
ing stolen property, »&c., and sentenced to a term exceeding three 
months — special prisons are provided, to which no other prisoners are 
sent. 

Bavaria has four cellular prisons. One of these only is for sentenced 
prisoners ; the other three for persons awaiting trial. All the other 
prisons of the kingdom are on the congregate plan. 

Cellular imprisonment has existed for only a few years in Bavaria, 
and consequently (the report states) accurate data touching its effect 
cannot be given. But the system of isolation, it is added, gains ad- 
herents daily, because of the evil effects of the collective system as 
there practised. 

The classification of prisoners is not carried to any great extent ; yet 
the governors must keep i^risoners of average good conduct apart from 
those who give little hope of improvement and whose exam[>le would 
exert a hurtful influence on others. 

The funtls for the support of the prisons are derived from the i)roducts 
of prison-labor, from fines, and from the public chest. The first of these 
sources yields 16 to 18 i^er cent, of the cost 5 the second, 28 to 32 per 
cent. ; and the state pays the balance. 

The pension, on retirement, is regulated by the len gth of service. If 
retirement becomes necessary within the first ten years, it is seven-tenths 
of the salary; if within the second ten, eight-tenths; if within the third 
ten, nine-tenths ; and after forty years of service, or after the officer 
has reached the age of seventy, the pension is the entire salary. 

(3) The prisons of Prussia are: 1, prisons exclusively for hard labor, 
29; 2, prisons for imprisonment and simple detention, 15 ; 3, prisons 
of a mixed character, 11; 4, houses of correction for the punishment of 
slight offeii^es, 16 ; total, 71. They will hold 26,500 prisoners. Forty- 
seven i^risons are provided, to a less or greater extent, with cells for 
separate imprisonment day and night, the whole number being 3,247. 

There is but one prison organized exclusively on the cellular system. 
There are, altogether, only 2,000 separate cells for isolation at night, a 
number (the report says) wholly insufficient, but it is increasing dliily 
by new additions. 

There is no sensible difference between the two systems as regards 
reformatory results. The number of relapses has not been diminished by 
cellular treatment. Yet some remarkable refornmtions, even of hardened 
criminals, have been accomplished by cellular itnprisonment, concerning 
which a doubt is expressed whether they could or would have been 
effected by imprisonment in common. The effect of cellular separation 
upon prisoners during their incarceration is said to be decidedly favor- 
able, and, in the comparison, superior to that of associated imprison- 
ment. 

The punishments awarded by virtue of the penal code are: 1, hard 



16 INTERNATIONAL PENITENTIARY CONGRESS. 

labor, the severest — inflicted for lifer or for a time ; miniinuni one year, 
maximum tifteeii — draws after it eompnlsory labor, without restriction 
of kind or place, and various civil disabilities ; 2, simple imprisonment — 
maximum five years ; no compulsion to work outside of the })rison or ;it 
occupations not in accord with the capacity of the prisoner and with his 
previous social position; 3, imprisonment in a. fortress — intiicted for 
life or a time; maximum, in the latter case, fifteen years — is a simple 
privation of liberty, with supervision over the prisoner's occupation and 
mode of life ; 4, detention for trifliui;- offenses — maximum six weeks — 
consists in a simple privation of liberty, but may be intensified by com- 
pulsory labor, when inflicted for vagrancy, begging, or professional 
prostitution. The minin.ium imprisonment under the last three kinds 
of sentence is one day. 

The classification of prisoners in Prussia goes little further than the 
separation of the younger from the older criminals. 

Prison officers rendered incapable of further service receive a pension, 
whose 'amount is regulated by the laws regarding the retiring allow- 
ances of all other state officers. To gain a right to a pension, ten years 
must be served: the pension increases with each additional year of 
service. It can, however, never exceed three-fourths of the salary. 

(4) The prisons of Saxony are divided into the following classes : pris- 
ons lor severe punishment, 2 ; prisons for less severe punishment, 3 ; 
prison in fortress, 1; reformatory prisons, o; prisons belonging to 
courts of justice, (number not stated ;) prisons belonging to policecourts, 
(number not stated.) The average number of criminals for 1871 was: 
In the first class of prisons, 1,153 ; in the second class, 1,001 ; in a for- 
tress, 1; in reformatories, (otherwise called houses of^ correction,) 6S-1; 
in the fifth and sixth classes, 1,800 ; total, 4,(539. « 

For more than twenty years there has been in Saxony a conviction 
that sentences of imprisonment should be undergone only for the exj)ia- 
tion of crime, the i)iotection of society, and to deter the prisoner from 
the commission of subsequent offenses. The Saxon government has, 
therefore, two principal objects in its penal system: the satisfaction of 
justice and Ihe reformation of the prisoner. 

Since 18r>0 the pe'nitentiary of Zuickau has been specially distinguished 
by a successful ap])lication of the principle of reformation by means of 
individual treatment. The Saxon government was in consequence 
induced to extinid the same system to all its ])risoiis. The government 
more readily placed confidence in the new method, because it works by no 
complicat(!d apparatus, complies with existing circumstances, is based 
upon, the i)riiiciple of individual treatment, and so combines different 
modes of imprisonment as to gain the best results. Thus, the common 
modes ol" ini|)risonment and treatment are excluded ; and, just as a ])hy- 
sician presciil>es suitable medicine and diet for his patients, so the ad- 
ministration ])rovides fit (Mlucation, work, and food for its ])risoners. 
^J'he penitent iaiy of Zuickau gave proofs that this idea was not only 
theoretically right, but also i)racticable. The government, theivfore, in 
]8o4, icsolved tliat all the Saxon i)iisons slionld ad()i)t the n(nv regula- 
tions for internal management and the treatment of ])risoiHM's. A(;coi'd- 
ingly, there is in Saxony no |)enitentiary wherc^ eif liei' solitary or col- 
]ecti\'e imi»rison?nent is exclusi\-ely employed ; both imxles are used, 
according to the piisoners' indi\idual wants. Saxony has eleven ])ris- 
ons where, especially during the last ten years, the reforms mentioned 
above have been canied out. 

(.'■>) Tlur jtrisons of the grand dueliy of Wiirteinberg are: Prisons of 
rcclusion, 4; countiy prisons, 3; (brtress, 1; ])rison lor minors, 1 ; dis- 



PRISON SYSTEMS SAXONY WURTEMBERG. 17 

trict prisons, (uumber not stated.) Of tlie first class, two are exclusively 
for lueUjOne exclusively for women, and one for prisoners of both sexes. 
Criuiiuals sentenced to reclusion and haid labor are placed in tliese 
establishments. In tlie second class, sentences for minor offenses are 
undergone, the maximum of the imprisonment being for four weeks. 
The district prisons are mainly for persons under arrest, but minor 
oftenders are also punished iu them for a. term not exceeding four 
■weeks. 

The congregate system of imprisonment, with common dormitories, 
still prevails in Wiirtemberg, although cells for isolated deteutiou are 
found in all tlie prisons, some of which are used for separation at night 
and others for purposes of discipline. But it has been resolved to make 
trial of the cellular system, and to that eiul a special prison has been 
erected at Heilbronu, which is expected soou to be opened for the recep- 
tion of prisoners. 

The expense of maintaining the prisons, so far as it is not defrayed 
by the industrial labor and payments of the prisoners, is borne by the 
state, which, on the average, contributes about 35 percent, of the total 
expense of prisons; the remaining 05 per cent, is derived from the in- 
come of the prisons themselves, but the prisoners' payments form only a 
small part of tlie amount. What comes from the prisoners is mostly the 
result of their labor. 

§ 6. The official report on the prisons of Italy commences with an 
explanation of the circumstances of the country. The various provinces 
of the Italian peninsula, divided, for ceuturies into so many different 
states, at length united under the house of Savoy, brought with them 
to the union, each its own laws, institutions, and traditions. It is, 
therefore, yot to be wondered at that there should be found in Italy a 
wide di\ersity in penal legislation, and, consequently, great variety in 
the punishmeuts adopted and in the mode of carrying them out. 
Thus, the law of the Tuscan provinces had abolished capital 
punish tueut since 1859 ; the ISTeapolitau and Sicilian legislation 
still inflicted this sentence in twenty-two cases; in other provinces 
of the kingdom capital punishment was decreed in ticenty seven 
cases. Again, the Tuscan provinces had adopted the system of con- 
tinual isolation ; others preferred and were adopting the Auburn system. 
In some provinces, fetters were in use both for males and females sen- 
tenced to a long imprisonment; in others, they were entirely abolished. 
In some proviuces, only those convicts sentenced to the heavier i)unish- 
ments were admitted into the bagnios; iu others, these establishments 
served as prisons also to those sentenced only for a few years ; in otliers, 
again, they were entirely proscribed. This diversity in the penal codes 
and the variety iu the methods of incarceration could not be at once 
done away with, but the government is directing its eflorts to the ref- 
ormation and complete unification of its iienal legislation. 

For detention before trial there are the central or c])ief prisons of the 
provinces, the district prisons, and the communal jails, (number not 
stated.) For penal detention there are: Bagnios, for criminals sentenced 
to hard labor for life or a limited time, 21 ; bridewells, for prisoners 
sentenced to reclusion or public works, 11 ; prisons for those sentenced 
to relegation or banishment, 3; houses of correction, for persons sen- 
tenced to simple imprisonment, 6; special establishments, (classed under 
the general name of houses of punishment,) 10; special prisons for 
women, 5; houses of correction for juvenile convicts, (minors.) 1 ; estab- 
lishments for forced detention (reformatories) of idlers, vagabonds, and 
youths admitted by request of parents for correction, (which also receive 
H. Ex. 185^ 2 



18 INTERNATIONAL PENITENTIARY CONGRESS. 

juvenile offenders before trial,) 31 ; agricultural colonies, 2; penal estab- 
lishment for invalids, 1. 

The jails and prisons, as varying in their systems of imprisonment, may 
thus be classified : two on the system of continued isolation ; two on the 
system partly of continued isolation and partly of association ; five on 
the Auburn system complete ; two partly on the Auburn system, j)artl3' 
on that of community, and forty-five on the community system. 

The question of establishing a hospital for lunatic convicts and a 
nautical reformatoj'y is now under consideration by the central admin- 
istration. 

The average number of inmates of the jails (places of preliminary de- 
tention and miubr punishments) for 1871 was 45,083; of the peniten- 
tiaries, 10,738; of the bagnios, 15,118 ; of the prisons for juvenile con- 
victs under age, 573. 

The system of continued isolation has been decreed for all detention- 
prisons. Several jails have been erected on this phm, others are in process 
of erection, and pkms for a still greater number are under study. 

In the sense of assigning prisoners to different penal establishments 
accordingtotheir crimes and sentences, a complete system of classification 
exists. In the detention-prisons, the follovving classes are,^ as much as 
l)Ossible, separated from each other: the arrested, (who are at the dis- 
I)osal of the authorities of public safety,) the accused awaiting trial, 
those sentenced for terms not exceeding a year, those detained in tran- 
sit or sentenced and awaiting transfer, women, minors, and i)ersons 
imprisoned for debt. In the bagnios there are recognized four divisions, 
Avith sei)arate dormitories for each. They are : those sentenced for mili- 
tary crimes or assaults, those sentenced for theft,those sentenced for high- 
way robbery, and those convicted of atrocious crimes, such as assassina- 
tion, homicide, &g. Each of these four divisions is subdivided into 
three categories, distinguished by marks on their dress, according to 
their terms of sentence. 

The funds for tlie su])i)ort of the prisons are drawn from the general 
budget of the state. For the financial results of the prisoners' labor, 
reference is made tb the ofiicial statistics, for which examination the 
undersigned has no lime. 

The pension to which the directors and officers of the prisons are 
entitled, after a service of at least twenty-five years, is determined on 
the same ])rin<;ii)le as tliat of every other ollicer in the civil service of the 
state. Thus, when retired after twenty-live years of service, they have 
as many foitictiis of their salary, wlien it does not exceed two thousand 
Italian livres, and as many sixtieths when it is more than two thousand 
livres, as tlieii" years of service. But without regard to the twenty-five 
years of service there are cases of pensions granted to all classes of 
officers, when one becomes incapaciatcd by a wound (caused by some 
extraordinary act ])crformed in the dischai'ge of his olficialduties, or b}' 
a disease (;ontra<'ted in the public service. 

§ 7. A (fommission of <listinguishcd and able citizens was ap])oint('d 
by the go\(;nimeiit of the; icpuhlii; of jAlcxico, which the undersigned 
lia<l the. honor to rej)resent in the (.'ongi<'s.s of l^ondon as well as that 
of the United Stales, to <liaw up a rep(>rt in answer to tln^ series of 
(piestions sul»iiiitled (o that as well as to the other governments, which 
weie in\ited lo take pait in tlu', movenuMit. On the subje(;t of the 
prison system of Mexico, the commission say that in the capital of the 
rej)iil»]ic thei(^ are two juisons, one for those who are simply arrested 
and detained, and the olliei' for adult i)ris<)ne.rs who are to be tried or 
have been already sentenced. Young children sentenced to a term of 



PRISON SYSTEMS ITALY MEXICO NETHERLANDS. 19 

imprisonment are placed in an' establishment called " hospicio de los 
l^obres," [hospital of the poor.) For the punishment of criminal children 
between nine and eighteen 5'Gars of age, tliere is a spi^cial establisli- 
ment, where tliey receive an elementary religious education and learn 
a trade. 

The system of imprisonment is that of association. Its results are 
stated to have been very sad, the prisoners generally leaving the 
prisons worse than when they entered. Penitentiaries on the cellular 
system are in course of erection in several of the stat.es. Only one has, 
so far, been completed. 

As regards the proi)ortion contributed by the labor of the prisoners 
towards defraying the cost of maintaining the prisons, the commission 
reports only in relation to the Federal district and Louver California, 
where it is from 40 to 50 per cent. 

§ 8. In the Netherlands four classes of prisons exist : The central 
prisons, for criminals sentenced to eighteen months and over ; deten- 
tion-prisons, for terms of sentence less than eighteen months; houses 
of arrest, tor sentences of three months and under; and police or can- 
tonal prisons^ for sentences not exceeding a month. The tiiree classes 
last named also receive prisoners under, arrest and awaiting trial. 
In some cases all three are united together, forming a single establish- 
ment. 

Both systems of imprisonment, cellular and associated, have place in 
the Netherlands. In no case, however, can cellular separation be ex- 
tended beyond a period of two years. The two systems are stated in 
the report to be applied not uniformly in the different prisons estab- 
lished on each plan, but in a manner quite irregular and little har- 
nionious; consequently the resuHs obtained are not such as to permit a 
fair and reliable comparison. Hence, there exists in the country a 
great difference of opinion on the question of preference. Still, the 
cellular vsystem, considered in itself, and apart from the manner of ap- 
plying it and the limits to be imposed on it, s(;arcely encounters any 
adversaries; and, for short imprisonments, public opinion is well-nigh 
unanimous in its favor. 

The classification of prisoners does not seem to receive much atten- 
tion in the Netherlands. In the central prisons, the more hardened and 
dangerous, and those sentenced on re-conviction, are separated from 
the other prisoners. The results are reported as favorable. 

The funds for the support of the prisons are a charge upon the annual 
budget of the state. The part contributed by the labor of the i)risou- 
ers is quite inconsiderable. 

The pensions granted to prison-officers when they become incapaci- 
tated for further service are the same as those accorded to all other 
employes of the state. Beyond this statement no information is 
given. 

The general proportion in which the sexes are represented in the 
Netherlands prisons is about twenty women to a hundred men ; but 
this proportion varies, especially in the different provinces. 

§ 9. There are four classes of prisons in Norway : Prisons established 
in fortresses, 3 ; houses of correction, 4; a penitentiary, 1 ; district-pris- 
ons, (corresponding to our common jails,) 50. 

The system of imprisonment is that of association in the fortresses 
and houses of correction, and of separation in the penitentiary, and, 
to a very considerable extent, also, in the district prisons. 

The sentences to the penitentiary range from six months to six years ; 
but these sentences are shortened one-third, because of the system of 



20 INTEENATIONAL PENITENTIARY CONGRESS. 

iiiiprisonraent (cellular) applied there. 'No comparison of results yielded 
by the two systems is given. 

- The average uumber of prisoners in the fortresses is 217 j in the 
houses of correction, 940; in the penitentiary, 224; in the district 
prisons, not stated. The proportion of women in the district prisons 
cannot be accurately ascertained from the statistical returns ; but in 
the penal establishments it is nearly one fourth. 

No classification of the prisoners is carried out in the prisons based 
on the system of association, but, in distributing the prisoners in the 
work rooms and dormitories, care is taken to keej) the less corru[)ted 
prisoners separate, as far as possible, from the older and more danger- 
ous criminals. In the penitentiary has been introduced a system of 
I)rogressive classification, based on the zeal and merit of the prisoners, 
through which some mitigation of their punishment is gradually af- 
forded, by way of allowing the prisoners, to a larger extent than be- 
fore, to read, write, receive the visits of their relatives, work in the 
open air, &c. 

The liensions allowed to prison-officers on retirement are not regu- 
lated by law, but are matter of parliamentary grant in each individual 
case. 

The expenses of the penal institutions are defrayed out of the ex- 
chequer, less the proceeds of the prison-labor. These expenses, in 1S72, 
were 203,410 thalers, of which 109,970 thalers were met by the earnings 
of the piisoners, leaving 93,440 thalers to be supplied by the state. 
The expenses of the district prisons are paid by the districts in which 
they are severally situated. Nevertheless the exchequer has to pay for 
medicines, medical attendance, spiritual assistance, and the necessary 
clothing of the prisoners ; besides which the district receives from the 
excheqner an allowance of 24 skilling, equal to 11(7. sterling, a day for 
every jirisoner. The balance to be paid by the district after these va- 
rious grants cannot, one would think, be very onerous. 

§ 10. The report submitted to the congress on the part of Russia was 
drawn up by Count Sollohub, president of the imperial commission re- 
cently appointed to devise a new penitentiary system for the Russian 
Empire. The count explains, in his introductory remarks, that a de- 
tailed description of the system now in operation in Russia is impossi- 
ble, and, if possible, could not give an exact idea of things, since the 
Ijenitentiary ([uestion in his country is at this moment passing through 
a transitional i)liase, a radical reform being proposed ami certain ex- 
periments ha\ ing been already commencetl. Russia is thus between 
two systems, one acknowledged to be unsatisfactory and the other but 
Just dawning, with its methods and measures yet undeveloped. From 
a scientific; [toiiit of view, such a transitional pliase njiglit be interest- 
ing, but it could Jiot give pre<'jse statements either as to what exists 
now or what is to exist hercalter. Tiiese considerations caused hesita- 
tion in resi)ect to the preparation of any report to be handed in to the 
congnusH, but it was finally concluded to prepare and submit a rei)ort, 
under the reserve that it is to be regarded, not as the exposition of a 
systi'in, but rather as a short sketcli of the traditions of the country. 

Tiie existing laws of Russia relating to the arrested and the sentenced 
are divided into two parts, the fiist referring to the impiisoncd, the 
second to the transported. The following is the present classification 
of prisons : 1. I'risonspidpeily so called, (r>.s7/vYy.s',) established in all the 
towns of the empire. ()ri;;inally tln'y were meicly places of sale-keep- 
ing, tlie actual punishment being eitlwr Ixxlily inllictions or deportation 
to the lajlliesl limits td the empire, with a treatment of gieater or less 



PRISON SYSTEMS NORWAY RUSSIA S^VITZERLAND. 21 

severity. More recently they have been lised for ])nnis]iment in cases 
where the iinprisonuient does not exceed a year and fonr months. 2. 
Prisons lor arrest. This must not be confounded with preliininary 
arrest, where the detention is merely that of safe custody. It is a true 
punishment, whi(;h is inflicted by justices of the pea(;e for slight offenses 
and cannot exceed three months. 3. Houses of amendment and labor, 
established by the Empress Catherine, probably under the influence of 
Howard, to whom Eussia owes her first notions of the humane treat- 
ment of prisoners. 4. Prisons for industrial sections or companies. 
These companies, sentenced to labor on public works, formerly under 
the jurisdiction of the minister of ways and communications, have lately 
passed into that of the minister of the interior. Sentences to this class 
of i)risons cannot now exceed four years, though formerly they might 
be extended to twelve. 

The system of associated imprisonment in rooms still exists in Russia, 
with some exceptions 5 for example, in the o.S'/ro/ys of the first class there 
are separate cells. 

The result of imprisonment in common by day and night, and also of 
deportation, has been found lamentable. It has created in Eussia, a 
class of vagrants and wortliless characters {proletaires) not in harmony 
either with the fertility of the soil or the communal constitution of the 
country. The system individually preferred by the writer of the report 
is the following: 1, that of civil imprisonment for the accused awaiting 
trial; 2, that of cellular imprisonment for the convicted undergoing 
short sentences, with a reduction of two-thirds of the punishment as 
compared with the duration of collective imprisonment; 3, for houses 
of correction and convict prisons, that of separation by night in small 
cells open at the top, arranged in large common dormitories, well ven- 
tilated, well lighted, and under constant supervision, with labor in 
common workshops. The report opposes cellular imprisonment for long- 
periods, on the ground that it must either render the prisoner torpid, or 
produce in him such a constant feeling of restraint as will necessarily 
paralyze the play and development of his individual will, sole means of 
bis regeneration. 

Classification of the prisoners is rigidly required by the Enssian 
legislation, but the bad condition of many of the prison edifices, and 
especially the lack of space, restricts it to the separation of the sexes 
and of persons arrested from those who are undergoing their punish- 
ment. 

The prisons derive their support mainly from the treasury of the 
state. The earnings of the prisoners have thus far been inconsiderable, 
especially when considered in comparison with the vast ijopulatiou and 
the immense productive power of the empire. 

The system^f pensions is uniform for all public functionaries. What 
that system is is not stated. 

§ 11. The prisons of Switzerland may be divided into four groups : 
1, those of five cantons are administered on a kind of patriarchal sys- 
tem, (whatever that may mean,) by sisters of charity ; 2, those of three 
other cantons are administered on a different system, but leaving much 
to be desired in the way of imi^rovements ; 3, nine cantons have prisons 
of medium excellence, some of which are advancing toward the first 
rank; 4, four cantons, Argovie, Baleville, Neufehatel, and Tessin, have 
penitentiaries of a higher grade of excellence, into which has been in- 
troduced, in different degrees and under various modifications, the pro- 
gres'sive Crofton system. 

The system of congregate imprisonment predominates ; but etfort is 



22 INTERNATIONAL PENITENTIARY CONGRESS. 

made to introduce cellular separation, especially at ni^ht. There is a 
general agreement that the system of association is favorable to indus- 
trial labor, and not unfavorable to disci i)line, but that, when extended 
to the dormitories as well as to the workshops, it is obstructive to the 
moral education of the prisoners. 

Penitetitiary training, it is held in Switzerland, imperatively requires 
cellular separation, at least in the initial stage; and it is on this sole con- 
dition that the prisoners can effectively enter into communion with 
themselves, a process which would be impeded by the contact and influ- 
ence of some, at least, of their fellow-prisoners. 

After the cellular stage, it is considered expedient to allow those 
prisoners to work together who furnish ground of hoi^e that a moral 
reformation has been, or may be, accomplished in them. It is under 
these conditions that associated labor is found in recently-constructed 
penitentiaries. 

The public opinion of Switzerland shows itself more and more favora- 
ble to the progressive Croftou penitentiary system, with conditional and 
revocable liberation. The exclusively cellular system should be reserved 
(so it is thought) for houses of preliminary detention, and for them it 
should be the only system in use. 

A methodical classification of prisoners exists only in the more re- 
cently constructed prisons, which are conducted, as far as circumstances 
permit, on the general principles of the Crofton system. There are, 
liowever, no intermediate prisons in Switzerland, and, consequently, 
wherever the Crofton system has been introduced, its application is 
carried out in one and the same establishment. The financial resources 
of no single canton would permit the realization of such a system, wiiich 
could be applied only by a uniou of funds of several cantons directed to 
that end. Besides which, public opinion, more or less imbued with the 
old ideas of intimidation and vengeance, is not yet ripe for such a 
change. 

Tiie treasury of each canton covers the deficit resulting from the dif- 
ference between the total expenditure and the special receii)ts of its 
jirisons, which receipts are composed of the i)roceeds of the prisoners' 
labor and moneys paid by cantons that place their convicts in tlie peni- 
tentiaries of other cantons of the confederation. In several of the can- 
tons, where the ])risons are best organized and industrial labor best 
managed, the in<lustries yield an income ai)])roaching, ami in one or 
two instances covering, the current expenses of the establishments, not 
including, however, the salaries of officers, the cost of repairs, or the 
yccAilinin paid to the prisoners. 

Pensions are granted only in exceptional cases to pul)li(; functionaries, 
■when they become incajjacitated ibr further service. This rule applies 
to prison-officers, as to all others. 

§ 12. Tln'iearein Sweden: l,cellulaT i)enitentiary prisons in each prov- 
ince; 2, central prisonson the associated system — some for women, others 
foi' men ; .'{, houses of arrest in certain small (owns and districts. 

Tile cellnhir jnisons are used for 1h<' accused during tlu» i)reliminary 
proceedings, for prisoners sentenced to hard labor for two years and 
under, for jirisoners sentenced only to I'eebision, and for tliose who, 
not having tlie means to pay the fines im]»osed on them, an>. recpiired to 
reuih-r an e(|ui\'alent in tin', foi'm of imprisoinnent on bread and water. 
Some jM-isons on tlie associatcMl |)lan are used for jxMSons sentenced to 
hard lal)or for life, and oMiers for those sentenced to hai'd labor for ai 
term exeeeding twoyeais. 

The results of cellular im[)risoument for those awaiting trial and for 



PRISON SYSTEMS SWEDEN UNITED STATES. 23 

sentenced j)risoDers released at furthest after two years' imprisonment 
have been favorable. Congregate-prisons, siicli as they still exist in 
Sweden, having dormitories in common for forty to one hundred and 
thirty prisoners each, are regarded, iu spite of the strictest supervision, 
as nurseries of vice and crime. In those associated prisons where a 
separation takes place at night, and in which the prisoners work in small 
groups in common workshops by day, the results are found to be favorable. 
The official report on the prisons of Sweden was drawn up and is 
signed by Mr. Almquist, director general of prisons for that kingdom, 
who says: "Of all known penitentiary systems, it appears to me that 
the most excellent is the Orofton or progressive system, adopted in 
Ireland, with its special stages, through which the prisoners are required 
to pass." 

No classification of prisoners exists, beyond that of separating the 
sexes, and, as far as possible, young prisoners from the older and more 
hardened ones, in the common dormitories of the associated prisons. 

Prisoners not yet sentenced and those sentenced simply to recluswn 
are not compelled to work. They spend their time as they like, work- 
ing, reading, &c. They may procure better food and more comforts than 
the prison sup[)lies, provided they do not thereby interfere with the 
order and security of the prison. Prisoners sentenced to hard labor 
must do the work set them, and are restricted rigidly to the prison fare. 

On attaining' the age of fifty five, prisou-ofticers have the right to 
retire from the service on a pension of two-thirds of their salary ; those 
who serve till they are sixty-five generally receive from the Parliament 
a pension equal to their whole salary. 

§ 13. The North American Republic is composed of nearly forty States 
with local self government, and a dozen dependencies hot yet elevated 
to the rank of States. These fifty jurisdictions are, in matters of crime 
and punishment, independent of each other, and very little controlled by 
the National Government. They vary in antiquity from Virginia, New 
York, and Massachusetts, which have been inhalnted by the Indo-Euro- 
pean races for more than two centuries. and ai half, to the new Territories 
of Dakota and Montana, which ten years ago were occupied only by 
roving savage tribes ; and, consequently, almost ever^^ variety of social 
condition prevails in this vast area, larger than half of Europe and more 
populous at this moment than any European nation except Russia. 

As a nation, the United States have existed for nearly a century, their 
sei)aration from the British Empire being coeval with the first improve- 
ment of prisons, resulting from the labors of John Howard. Conse- 
quently, the prison system of America, like all the modern systems, 
dates no further back than 1784, when the old Walnut Street prison of 
Philadelphia was built, and the first organized effort to improve prison 
discipline in the United States was made by the Pennsylvania Society 
for alleviating the Miseries of Public Prisons, of which Dr. Franklin was 
one of the founders, in 1787. The National Government, as now estab- 
lished by the Federal Constitution of 1787, dates from the same period ; 
but it has never much concerned itself as a Government with the prison 
system of the country, its first step iu that direction being the appoint- 
ment of the undersigned in 1871, as a commissioner to the International 
Prison Congress of London. Whatever hafe beeu done, therefore, has 
been the work of the separate States of the Union, and almost wholly 
within the present century. The oldest penitentiary now iu use is [)rob- 
ably that of Massachusetts, at Charlestown, uear Boston, which was 
begun iu 1800 and first received convicts in 1805. Among the county- 
jails there are jprobably a few older than this, but the greater number, 



24 INTERXATIONAL PENITENTIARY CONGRESS. 

both of state and county prisons, have been built since the begiiiniug 
of the world-wide controversy between the advocates of the celiuhir or 
Penusylvauia system and tiie silent or Auburn systeia, now generally 
known as the separate and the congregate systems of prison management. 
This controversy, opened in America about half a ceutury ago, took a 
concrete and practical form with the opening of the Auburn and Sing- 
Sing penitentiaries in the State of New York, built on the congregate 
l)lan, with separation at night in single cells, and the two penitentiaries 
of Pennsylvania, at Philadelphia and at Pittsburgh, built on the separate 
plan, with cellular imprisonment day and night for each convict. New 
Jersey and Rhode Island, in imitation of the eastern and western peni- 
tentiaries of Pennsylvania, introduced the cellular system into their 
state-prisons, respectively; but those States abandoned the system 
years ago, and more recently it has been given up at the western peni- 
tentiary of Pittsburgh. So the result of the controversy in the United 
States is that cellnlarisin exists only at the Cheriy Hill prison, or east- 
ern penitentiary, in Philadelphia; In some of the county-jails of Penn- 
sylvania ; in the Suflblk County jail in Boston ; and possibly a few other 
prisons of the same class. The proportion of prisoners confined on the 
separate plan in the whole United States is about one to thirty, or in the 
neighborhood of 3 per cent. It is therefore evident that the system of 
association, as opposed to that of cellularism, is the one which prevails 
in the United States. Nevertheless, it is believed that the enlightened 
friends of prison reform in this country very generally prefer the system 
of complete separation for all prisons of preliminary detention, and, 
moreover, that they w^ould prefer thfe restriction of all detention prisons 
to the purpose of safe-keeping alone, while minor oftenses, they hold, 
might better receive their punishment in district-prisons, forming a 
middle class of penitentiaries between the detention-prison and the state- 
prison, in which reformatory principles and processes might be more 
ho])i'rully ai)plied than they are now or ever can be in the county-jails. 
Tilt' broad distinction of American ])risons is that stated above, viz, 
into state-prisons and county-jails. States are the Federal unit of the 
American republic, and ot these there are thirty-seven ; but the units 
of each State are the counties, numbering, in the whole country, about 
2,100. In each of these counties there is, or nmy be, a county-prison, 
and in some of them there are two, three, or four. In the thirty-seven 
States there are now thirty-nine state-prisons and two state work- 
liouses; the latter in Massachusetts and Phode Island. In two States, 
Floiida and Delaware, there are as yet no state-i)risons; in Pennsyl- 
vania ai'd Indiana there are two each, and in New York there are three. 
IN'ckoning about forty state-prisons in all, the average number of their 
inmates, Ibi- tlu? last year or two, has been about 1(!,(!(>0; but for the 
last y<'a)' the number has been increasing. Of this average number, 
th(! Stat(! of New York has I'urnished about 2,700 in its three great 
jjrisons; Illinois, 1,.'!()0 in its one prison; Ohio, a little moi-e than 1,000; 
J'ennsylvania, a little less than 1,000; JMassaehusetts, (including the 
workhouse convicts,) nearly t)00; Califoiiiia, almost 800; and Missouri 
nearly 000 ; so that tliese seven Stat(!S supi)ly about one-half the convicts 
of the higiier grades of crime. The same is true ot the inmates of the 
(;ity, county, and district *i)risons of all grades, who, in these seven 
Stafi'S, average now probably nearly 10,000, out of a total in the whole 
country of perhaps 22,000, These numbers are nothing nu)re than 
careful «'stimat('s, wliile the average in the state-prisons is <piite exactly 
(romputcd, the fact l)eing that nobody knows ]))'ecisely tlie number of 
the county-jails in the United Stales, jnuch less the average of their 



PRISON SYSTEMS ENGLAND IRELAND. 25 

inmates; nor is tlie number of the town and city prisons known, nor 
the average of their inmates. The district-prisons— intermediate be- 
tween the state and connty prisons— are few in number, and are very 
well known. These four classes — municipal, (town and city,) county 
district, and state-prisons — include all places of confinement in the 
United States, except for juvenile offenders. 

In all these prisons, of all classes, when the last census was taken, 
(June 1, 1870,) the number reported in confinement was 32,208, but this 
is known to have been too small. The true number, even at that season 
of the year — the summer — when the fewest persons are in prison, was 
not less than 35,000, and iu the winter of the same year it no doubt 
rose to more than 40,000, with an average number through the year of 
at least 38,000. If we suppose the same to be the average number in 
confinement during 1871, and 16,000 to be the average number of state- 
prison convicts, (neither being far from the true number,) it is probable 
that 8,000 of the remaining 22,000, and perhaps even half that number, 
(which would be 11,000,) are held iu jail awaiting trial or sentence, 
while from 11,000 to 14,000 are under sentence in the minor prisons of 
counties and districts, for offenses of less criminality than are punished 
iu the state-prisons. As for the sex of these prisoners, if we confine 
ourselves to general statements, we shall be within bounds in saying 
that not more than one in six of the 38,000 persons mentioned as the 
average prison-populatiou of the whole United States are women. 
The proportion is much less than this iu prisons of the highest grades ; 
that is to say, the state-prisons. 

§ 14. Prison management has been made a subject of study and dis- 
cussion in England for more than a century. An interesting and able 
review of the progress of things in this department of the public serv- 
ice is given by Major Du Cane, chairman of the directors of convict- 
prisons, iu the report which, by directiou of the British government, he 
submitted to the penitentiary congress. It would occupy too much 
space to give even the most condensed summary of this history, and 
the undersigned limits himself, therefore, as in the case of other 
countries, to a brief exposition of the actual penitentiary system of 
England as applied in the convict or state prisons, and set forth in the 
paper of Major Du Cane. 

The Euglish convict-system is devised witli a view to combine the 
principle of deterrence with that of refornnition. While the importance 
of the latter of these principles is admitted, the former is held to be 
l)aramouut, because punishment (such is the theory) is designed primarily 
to prevent crime by the warning thereby held up to those who might, 
but for such deterrent influence, fall into it. 

The sentence to penal servitude in England is divided into three prin- 
cipal stages. The first stage is passed at Pentonville or Millbauk, and 
lasts nine mouths in all cases. During that period the prisoner passes 
his whole tinu^, except the periods allotted to prayers and exercise, alone 
iu his cell, working at some employment of an industrial or remuner- 
ative character. The second stage is passed iu a prison in which he 
sleeps and has his meals in a separate cell, but works in associatiou un- 
der a close supervision. The third period is that during which he is 
conditionally released from prison, but is kept under the supervision of 
the police, and made liable for any infraction of the conditions of his 
release, the consequence of which is that he is to be returned to prison, 
there to fulfill the whole of the remitted portion of his sentence. A stage 
intermediate between the second and the conditional release is applied 
to women, who may be sent to " refuges" for six mouths before their re- 



26 INTERNATIONAL PENITENTIARY CONGRESS. 

lease on license. The refuges are establisliments managed by privafe 
persons who interest tlieiuselves in preparing the women for discharge 
and in procuring suitable situations for them. 

Cellular seclusion for long periods has been found in England to liave 
an enfeebling effect upon the prisouer. "When the system was first es- 
tablished, the duration of the time of separation was fixed at eighteen 
months ; but snch resnlts followed that, after various experiments, the 
present period of nine months has been fixed upon as the longest to 
which prisoners can, with advantage, be subjected to this stage of the 
discipline. A stage of separate imprisonment is held in England to be 
indispensable to the best effects of convict treatment. It is not only in 
itself a severe penal discipline, but the mind of the convict is thereby 
thrown in upon itself; he becomes accessible to lessons of admonition 
and warning 5 religious influences act upon him with greater foi-ce, aiul 
he is put into a condition in which he is likely to feel sorrow for the 
past and to welcome the words of those who show him how to avoid 
evil in the time to come. 

There are eleven convict-prisons in England, eight of which are ex- 
clusively for males, two exclusively for females, and one mixed. The 
aggregate capacity of these prisons is : males, 8,7(34 ; females, 1,239 ; 
total, lo,003, exclusive of infirmary and punishment cells. The average 
except for number of prisoners is 7,833, of whom 1,100 are women. 

Two of the convict-prisons, and parts of two others, are on the sepa- 
rate plan, but separate cells are provided for all prisoners at night, 
invalids of certain classes and some of the women. 

In all but two of the convict-prisons — Pentonville and Millbank — the 
prisoners work in assotaation. 

The pensions granted to retiring prison-officers are regulated upon 
the same general principles as those accorded to other civil ofifi(3ers. 

The whole number of borough and county jails in England is one 
hundred and twenty-two, of which thirty-five belong to the first class 
and eighty-seven to the second. There is no difference between these 
two classes of prisons, except that the county-prisons are governed by 
the county-magistriites, and the borough-prisons by the borough-mag- 
istrates. The aggregate capacity of both classes is 27,109. Tlie aver- 
ago- period of imprisonment is -less than one month. Three-fouiths of 
the prisoners have terms under a month and tlie remaining one-fourth 
under six months. Less than one in a thousand have an imprisonment 
exceeding the last-named period. 

As a rule all jnisoners are se[)arated at night. In many prisons they 
work to a certain extent in association, but under such supervision as 
th(5 governors consider sufficient to prevent comnuinication. 

§ If). The world — that is, the part of it interested in i)enitentiary 
questions — may almost be said to know the Irish convict-prison system 
by heart.* 

This system consists of three, or, including the period of provisional 
liberation, four, stag(!S. 

'I'he. liist stage is that of celliilni' imi»iis(>nment. lis duration varies 
from i'ight to niiii'. months, ueeording to the eonduet of the i)risoner. 
Diwing this (list stage the imprisonment has a elnuiu^ter intensely penal. 
The work refpiired is lude and uninteresting, and the rations furnished 
are moderate in (plant ity an<l coarse in (pialit-y. The aim of this rigor 
is to cause the prisoner to enter, as it were, into himself, and to produce 

"TIiIh Iia.s licrcfofm-c, Ih-'cii coMinioiily known jis I lie Irisli inistMi system, Itiih is now 
(Miniin;; lo 1)c (lcsi;^ii!itn(l as Mh' Croi'dtn KyHtcin, in conqjiiniont to tin; (iiiiiucnt man wiio 
devised aiitl lirst ]iiil it, in iiiiicticc. — JO. C W. 



PRISON ADMINISTRATION AUSTRIA BELGIUM DENMARK. 2 7 

upon liis soul a lasting: imprecision. Tlie prisoner, however, (lnrin,i>' this 
initial sta^e, is made tlioroui^bly acquainted with the whole system and 
with all the advantages that will accrue to him in his progress toward 
liberty, if he takes kindly to it and is uuiformerly well-behaved and 
attentive to all his duties. 

The second stage is passed in a congregate prison, with separation at 
night and associated labor during the day. The prisoner is here sub- 
jected to a much milder treatment, and his condition is improved more or 
less rapidly according to his conduct. He receives each month a certain 
number of marks which determine his advance from one class to another, 
for the essential principle of this second stage is that of a progressive 
classitication, based on good conduct and merit. There are four classes. 
Each class marks a change in the prisoner's situation and a mitigation 
of his punishment. On reaching the fourth class he no longer wears 
the prison-garb ; he is employed on special works ; he enjoys many 
privileges; and lie may almost be said to approach the state of liberty. 
It is this second stage which really characterizes the system. It is so ar- 
ranged and adjusted as to becoinean effective trial of the prisoner. If he 
is steadfast in his good resolutions and good conduct, he passes on froui 
class to class ; if, on the contrary, he is ill-disposed and disobedient, he 
is degraded to an inferior class, even to the lowest, if his conduct be such 
as to merit such severity. The convict who has successfully passed 
through this series of trials is adjudged to be prepared for a state of 
comparative freedom, and he is consequently admitted into the* inter- 
mediate prison. 

This constitutes the third stage in the Crofton system. Here the im- 
prisonment is little more than moral. The prisoner wears the dress of a 
freenuin, works on a large farm with his fellows, attends the village church, 
and is subjected to little more restraint of any kind than an ordinary' free 
laborer. This is, in effect, a probationary stage, and is designed to test 
the genuineness of his reformation. It is, for him, so to speak, the ap- 
prenticeship and prelude of liberty. If he hold out to the end in a 
good course of conduct, he receives a ticket of license and becomes 
conditionally free. The duration of his imprisonment may thus be 
shortened to the extent of a fourth part. But if, on the other .hand, his 
conduct is evil, he is remanded to the associated, or even to the cellular 
l^rison, to work his way up again by the same painful and painstaking 
process as before. 

The fourth stage of the Crofton system is that of conditional or pre- 
iminary liberation, which need not be particularly described. It will 
thus be seen that Sir Walter Crofton has devised a complete system of 
peiuil treatment; one which has a beginning, a middle, and an end, and 
"which is, at one and the same time, penal and reformatory. 



CHAPTER II. 

PRISON ADMINISTRATION. 

§ 1. All the prisons of Austria are under the jurisdiction of the min- 
istry of justice, which shares its i)0wers of administration with two other 
classes of authority — local and intermediate. All matters of minor im- 
portance, which are naturally the most numerous, are attended to by 
the local authorities, and those of a graver character by the intermedi- 
ate authorities. It is only questions of the highest im[)ortance that are 
submitted to the decision of the ministr3" of justice. The ministry of 



28 INTERNATIONAL PENITENTIARY CONGRESS. 

justice, as the central autliority over all prisons, is by law empowered 
to a[)poiut an official, from its own office, as the representative of the 
minister, and to entrust him with the supervision and guidance of all 
jtrisons. But, since 1867, an inspector-general of prisons has been ap- 
pointed. 

The ministry of justice appoints the directors of male prisons, the in- 
spectors of female prisons, the chaplains, the book-keepers, and the 
financial and medical officers. The subordinate officers are named, in 
certain prisons, by the local, and in others by the intermediate author- 
ities. The tenure of office is, as with all the servants of the state, with- 
out limit, tliat is, during good behavior. 

§ 2. In Belgium, as in Austria, the ministry of justice has all pris- 
ons under its jurisdiction. The penitentiary of Louvain has a commis- 
sion charged with the inspection and supervision of that establishment. 
There are also commissions charged with the general supervision of the 
other prisons, and constituting administrative boards, invested with the 
right of investigating and redressing abuses, of proposing and introduc- 
ing reforms to tlie advantage of the service, of granting to the employes 
leave of absence for five days, and of imposing upon them certain dis- 
ciplinary punishments. The a|)pointnient of the directors and assist- 
ant directors is by royal decree. The other functionaries and employes 
of the prisons are named by the minister of justice. Tliere is no limit to 
the teyure of office ; it belotigs to the government to judge whether the 
functionary onglit to be retained or dismissed. 

§ 3. No infV)rmation is given in the report from Denmark concern- 
ing the prison-administration of that country, except what is contained 
in the single brief statement that " a director of prisons has tlie control 
of all the prisons." It is to be presumed that there are some limitations 
to his powers; but what they are, the undersigned is unable to state. 

§ 4. The prisons of France, except those of Paris, depend upon a 
central power, which is rei)resented by the minister of the interior, and, 
under him, by the director of the administration of prisons. 

The central power exercises its control by means of general inspec- 
tions, made by special functionaries — namely, inspectors-general of 
l)risons. B(\si(les tliis direct and most imj)()rtant control, there is a local 
control of the prefects for all the prisons ami penitentiary establish- 
nuAiits; of th(^, mayors and commissions of supervision for the houses of 
arrest, of justice, and of correction; and, liually, of thecouneil of sui)er- 
vision foi' the colonies of correctional education of juvenile delinquents. 

The director of the administrDtiou of prisons is chargiMl with admin- 
istering, under tlui aut]u)rity of the minister of the interior, th(^ ])ris()ns 
and penitentiary establishments of every class in France. Under him, 
and as a deliberative consultative board, is found thecouneil of insi)ect- 
ors-general of prisons, whi(;h Is calked ni)on, in the interval of their 
tours of inspection, to give advi(;e on the more important questions of 
the service. Th(5 instructions and regidations (Muanating from the (!en- 
tral administration are addressed, through the intervention of the pre- 
feets, who r(q>re.sent the (\\(!cutive power in the departments, to the di- 
jcetors of the, diffiTent establishments. At tlu» hea<l of each central 
]>rison is found a director. Jlis action extends to all parts of the serv- 
ice. ITe is Hpcfjially charged with (U)iiductingth(M',on<'Sj)ondenee with 
the minister of the interior, to whom he addresses his reports on the 
financial, industrial, and <lisciplinai-y condition of the establishnuMit, 
through the agency of tln^ prefects, except in urgent ami (vxtra ordinary 
ca cs. I)ire(!tors of the, hoirs(^s of arr<^st, of justice^, and of (;ori(M;tion 
ai( chained with the administration of those establislnnents in one or 
nil re (lc|>a! t ments. In liie prisons situated at the [)la(;e of their resi- 



PRISON ADMINISTEATION FRANX'E BADEN BAA^AKIA. 29 

(lence their action makes itself felt directly, like that of tlie director of 
a ceutral prison, on all parts of tlie service, and in the other prisons 
indirectly tlirongli the agency of the principal keepers, who receive 
their instructions and are required to address to them frequent reports. 
An important part of their functions has reference to the economical 
administration of the prisons, to purchases, to the verification of ex- 
penses, to the control of the accounts, cash, and material; in short, to 
the preparation of the various financial documents which they send to 
the central administration. The principal keepers are the agents charged 
with the care and supervision of the houses of arrest, of justice, and of 
correction. 

In the central prisons and other similar establishments the function- 
aries, employes, and agents, to whichever department of the service 
they may be attached, are named by the minister of the interior. 

A^ regards the houses of arrest, of justice, and of correction, the func- 
tionaries and em[)loyes proposed for the administration are named b}' 
the minister, and the emi)loyes of the other services are named by the 
prefects, as also the agents of supervision other than the chief keepers. 
Still, these appointments do not become definitive till they have received 
the ministerial approval. 

By the terms of the law of the 5th August, 1850, relative to the edu- 
cation of juvenile delinquents, every private penitentiary colony is gov- 
erned by a responsible director, approved by the minister of the interior. 
The employes placed under the orders of the director must be, in like 
manner, ap[)roved by the prefect. 

In the department of the Seine, where the prisons are managed, in 
many of their relations, under authority of special provisions, the direct- 
ors are named by the minister of the interior, on presentation by the 
prefect of police; the other employes are named by the prefect. In 
etfect, it is the prefect of police who, in Paris, administers the iJeniteu- 
tiary establishments. 

The inspectors-general of prisons and penitentiary establishments are 
named by the minister of the interior. 

The duration of the functions of the different employes composing the 
personnel of the penitentiary service is not limited by any determinate 
time. The agents who have not been gravely derelict in the exercise of 
their functions continue in place till they have reached the age at least 
of sixty and have been in service thirty years. 

§5. The several states of the German Empire represented in the con- 
gress report as follows: 

(1) All the prisons of the Grand Duchy of Baden are under the control 
of the minister of justice and foreign affairs, who exercises over them 
complete administrative power. There is, however, acouncil of inspection 
fur all the larger penitentiary establishments. This council decides on 
the complaints of prisoners and the admissibility of administrative pro- 
ceedings against the inferior prison officers when such proceedings are 
beyond the cognizance of tlie director, confirms the contracts entered 
into by the administration for the supplies of the prison, and gives the 
necessary order, if desirable in any case, to substitute collective for soli- 
tary imprisonment. The su[>eiior officers are ai)pointed by the grand 
duke, the inferior olBcers by the minister of justice; their ai)pointment 
is for life. 

(2) All the prisons of Bavaria are under the jurisdiction of the min- 
istry of justice. The direction and inspection of prisons where iinj)ris- 
onment of more than three months is undergone belongs exclusively to 
this ministry, without the action of any intermediate authorities; the 



30 INTERNATIONAL FENITENTIARY CONGRESS. 

inspectiou of the other prisons is by local officers. For the cellular 
prison at Xiirnberg, there exists a special council of inspection, consist- 
ing- of state officials, judges, district-attorneys, and prison-officials, to- 
gether with private persons belonging to Niiruberg. The directors and 
administrators are appointed by the King; the chaplains, doctors, teach- 
ers, stewards, and technical instructors by the ministry of justice; the 
keepers and clerks by the director of each prison. The directors and 
administrators only are.appointed for life, but the other officers also look 
upon the service as one in which their life is to be spent. As a rule, 
officials quit the prison service either in the beginning, when their incli- 
nations are against this work, or when it becomes apparent that they 
have not the necessary capacity, or on their being appointed to higher 
posts. 

(3) In Prussia there is no central authority having control of all the 
different classes of prisons. The local prisons, designed exclusivel,y for 
preliminary detention and for punishments of short duration, are under 
the control of the minister of justice, while the great penitentiary estab- 
lishments belong to the jurisdiction of the minister of the interior, who 
decides upon the general i)rinciples which are to regulate the economic 
administration of each prison and the treatment of the prisoners under 
the relations of discipline, religious and scholastic instruction, labor, 
clothing, and food. He causes inspections to be regularly nurde of the 
several peuitentiary establishments by the high functionary attached to 
his ministry, who is speciall}' charged with the oversight of prisons; and 
he decides, in the last resort, on all matters of complaint presented to 
him either by prisoners or by employes. 

All other matters appertaining to the control and administration of 
the })risons are attended to by the administrative authorities of the 
jjrovinces. To these especially belong the i^ermanent control to be exer- 
cised over the emploj-uieut of the moneys assigned to each establish- 
ment; over the details of the economic and industrial administration; 
over the treatment of the prisoners, wiiether in point of discipline or in 
other respects; and over the conduct and fidelity of the employes of the 
prison. In this view, every establishment is inspected by memlxTs of 
the provincial authorities delegated to that duty, at intervals not exceed- 
ing the la))se of some months. 

The minister of the interior apppoints the directors and su])erior offi- 
cers of tlu- ])risons ; the subaltern officers are a|)pointed by the ])rovin- 
cial authorities. The superior officers, after a certain period of trial, 
are appointed for life-. The subalterns are liable to dismissal; yet, 
after some years of blameless' conduct, the-y also are appointed for life. 

(4) 'JMiere exists in Saxony no one central authority for the admin- 
istialion of tiie penilentiaiy system. 

Th<' administrative authority rests, except in prisons belonging to 
courts of justice and police, in the hands of tlie ministry of the interior. 
The ministry of justice takes cognizance, by commissioners, of the 
manner in wliich the sentciuM^ is carried out, and also (U)ntrols the 
domestic aiiaiigements. The jtrisons i»elongiiig to courts of justi<!e, in 
which im|»risonment not ex<'ee<iing four months can be undei-gon<', are 
sujx'rinlended by the ministry of justice, which has issued I'cmarUable 
orders i-elating to t lie s])iritual care and (he industrial occn]>ation of the 
l)risoneis. Neilher the, text nor the purport, however, of these orders 
is given in tlie rejiort submitted to the congress. 

(r>) The economic and corri'ciiona! adininistration of all the ])risons 
of \\'iirteml)erg is controlled l)y a (;entral authority, which also ex- 
ercises su]ter\ ision over district-priKons for preliminary detention and 



PRISON ADMINISTRATION PRUSSIA SAXONY, ETC. 61 

minor puiilsliments. The central authority is subordinate to the minis- 
ter of justice. It is composed of members of the departments of justice, 
of the interior, and of finance ; it has likewise atta(;hed to it some 
skilled ecclesiastical members, a doctor, an architect, ami a mercliant. 

The directors and the cliief officers of the administration are appointed 
by the King', on the nomination of the minister of justice, who first con- 
sults the commissioners for i)risons. These api)ointments are generally 
tor life. The subordinate ofticers are appointed by the commissioners 
for prisons. 

§ 6. The whole of the detention and penitentiary administration of the 
prisons of Italy, whether as regards the buildings, regulations, officers, 
discipline, or general supervision, is superintended by one central 
authority, which forms the general prison board and depends on the 
ministr}' of the interior. This board is composed of the director-general, 
four inspectors, and three departments, one of which is intrusted with 
the supervision of the directive, sanitary, and religious ofticers and 
jailors, another attends to the financial administration ; and the third 
regulates whatever refers to the construction of the buildings and the 
wants of the prisoners. Besides this, there is an office of statistics, a 
technical officer of engineers, and a copying-office, each of these having 
special employes and special work. 

All these branches of prison administration are concentrated in the 
general director, who, in his turn, regulates the service, seconded by 
the consultative vote of a' council of administration and discipline, com- 
posed of at least two central inspectors, and the director of that de- 
l)artment to which is intrusted the special subject under discussion. 
Nor does it seem possible otherwise to direct an administration so vast, 
and one requiring, as an indispensable rule, the most i)erfect unison in 
thought and regulation, to carry into effect the principle that "every 
citizen is equal in the eyes of the law." 

The directors and officers of the prisons, "whether central or local, are 
named by royal decree; the keepers and foremen by decree of the min- 
ister of the interior, on the jjroposal of the director-general. 

The tenure of office for the higher functionaries is for life; nor can 
they be removed, except for causes which would render them unfit for 
the service or unworthy of a place among the officers of the state. The 
keepers are chosen for six years. As to the foremen, their engagements 
with the penitentiary administration depend, in each case, on special 
arrangements. 

§ 7. There is no central power in Mexico which controls the peniten- 
tiary administration of the whole country. The prisons in each munici- 
pality are under the care of a commission. The prisons of each state 
are subject to inspection by the governor of the state. In Mexico it- 
self, (city and district,) the governor and home secretary have a power 
of inspeotion. 

§ 8. All the prisons in the aSTetherlands are under the supreme direc- 
tion of the minister of justice, and the general inspection of the prisons 
is made by an insj^ector, who has his deputy in the bureau of tlie de- 
partment of justice. For the inspection of the buildings, an engineer- 
architect is attached to the same department. The courts and tribunals 
are also required to cause the prisons to be inspected, from time to 
time, by members assigned to that duty. The reports of all these in- 
spections are addressed to the minister. 

The administration of the several prisons is confided to administra- 
tive commissions named in each locality where a prison exists. The 
members of these commissions are named by the King from among the 



32 INTERNATIONAL PENITENTIARY CONGRESS. 

notables of the locality, who receive no salary. Whatever appertains 
to the local administration, to the internal service, to the discipline, and 
to the execution of the general and special regulations is confided to 
these commissions or is done thi^jugh their agency. They are in offi- 
cial relation with the minister, either directly or by the deputy of the 
royal commissioner (governor) of the province, their immediate superior 
and their honorary president. 

The directors of the central prisons are appointed by the King, the 
other officers by the minister of justice. There is no defined tenure of 
office. Incumbents hold their offices until they are displaced, dismissed, 
or voluntarily retire from the service. 

§ 9. The department of justice is supreme in the administration of the 
prisons of Norway. This department is charged with the immediate 
administration of the prisons which receive prisoners sentenced to hard 
labor ; while, under it, the administration of the inferior or district 
prisons is confided to the prefects. The position and general functions 
of prefects are not stated in the report. Every prison of the higher 
grade has also its local administration, which makes the necessary ar- 
rangements with regard to jiinson discipline, economy, &c. 5 always, 
however, in conformity to the rules laid down by the department of 
justice, or having its approval and sanction. A director-general of 
prisons is wanting. The special directors and the chaplains of the 
several prisons are appointed by the King ; the medical and financial 
officers are named by the department of justice; the teachers receive 
their appointment from the chaplains, and the other functionaries from 
the directors. The members of the local nuiuaging boards of the dis- 
trict, who generally receive no salary, are named by the King, being 
taken from among the judicial or administrative otlicers of the district. 
The subordinate officers of this class of prisons are appointed by the 
prefects. Tenure of office is not for a fixed time. 

§ lU. The jnisons of Russia are divided into two classes, military and 
civil. The military prisons are under the jurisdiction of the ministers 
of war and of the navy ; the civil prisons are attached to the ministry 
of the interior. The latter are further placed under the Imperial Society 
for the Guardianship of Prisons. This society was established in 1819, 
and has for object the intrcjduction of a move, humane treatnuMit of 
prisoners. In 1830 it was by law invested with fresh powers and [)re- 
rogatives. A committee, formed by a central committee sitting at St. 
PetJn-sburg under the i)residency of the minister of the interior, is 
established in the capital of ea(;h province, with braiuihes in each chief 
town of the several districts. Tiiese committees are com|)()sed, ex oJJU'io, 
of the officers of the state and of volunteer and benevolent members, 
who have a small salary and certain lionorable prerogatives. These 
committees select the governors and direct the economic manage- 
ment of the prisons. A considerable sum is grantetl for this- i)urpose 
to the committees, who have the right of referring, in a presinibed 
manner, to the minister, of tlie interior under his double office of 
mini.xtcr and president. This system not only lessens the expenses of 
;idminisliation, l)nt has led to considc^rable gifts and the formation of 
;i special capital. It must, however, be acknowledged that such a sys- 
tem of iidniiiiistration produces a cei'ta in amonnt of carc^Iessness nnd 
irresponsibility in the exercise of power, and that tln^ principle of phil- 
anthiopic committees and tJK'ir ]»artie.ipal ion in the manageiiu'nt of 
l)risonei's retpiire important mtxlifieiitlon in linssia. 

Outside of the control oftlu^ committ(M^s, there was recently estab- 
lished, when municipal laws were created in Itnssia, a new mode of de- 



PRIS. ADMN. MEXICO^-NETHERLANDS NORWAY, ETC. 33 

tention, named arrest, not to be confounded with preliminary arrest. 
The jmnishment of arrest, inflicted by justices of the peace for slight 
violations of the law, cannot exceed three months. The establishment, 
maintenance, and administration of these new local prisons are under 
the control of the municipal institutions of each province. 

The appointment of directors and of members of committees is con- 
firmed by imperial decree. The other officers are appointed by the 
minister of the interior. Their tenure of office is not limited. 

§ 11. All the prisons of Sweden are placed under the control and ad- 
ministration of a central independent authority, called the general 
administration of prisons. Under this general administration, the pro- 
vincial government has the direct inspection of the cellular prisons 
established in each province. The general administration derives its 
authority from the government, to wliich all reports are made through 
the medium of the minister of justice! 

The directors and officers of all the prisons of the state are named by 
the general administration of prisons. They are appointed for no speci- 
fied time, and generally they retain their places as long as they show 
themselves competent to their work. 

§ 12. The Swiss Confederatiou, composed of twenty-two cantons and 
embracing twenty-five states, does not, by its own i)ower, exercise any 
control over the administration of penal justice and of prisons, or over 
the penitentiary rSgime. Military and political penal justice, so far as 
it is called upon to punish offenses against the constitution and the fed- 
eral laws, alone comes within its jurisdiction. Each canton is sovereigri. 
It has its own special penal system and its own places of imprisonment. 
Its prisons are thus placed under the control of the cantonal executive 
authority or of the council of state. 

The supervision of the prisons belongs more especially to one of the 
departments of the executive power. In certain cantons the prisons 
are placed, wholly or partially, under the supervision of the department 
of police, in others under that of the department of justice or of the 
interior, according to the stand-point from which the importance of this 
public service is viewed. In the cantons in which recently-constructed 
penitefitiaries are found, the whole or a part of the supervision is con- 
fided to the director of justice, or to a special department, which gives 
its attention not only to prisons, but also to hospitals, insane-asylums, 
&c. This department associates with itself a commission of super- 
vision composed of three to seven members, selected from among per- 
sons experienced in questions of i^euitentiary reform, of industry, and 
of commerce. In the cantons where this machinery exists, an official 
regulation defines the functions of the commission of supervision. The 
detention-prisons in the districts and places of detention for civil penal- 
ties are supervised by the agents of the council of state — prefects, coun- 
selors of prefecture, &c. 

The officers and employes of the prisons are named by the council of 
state. In the cantons where penitentiaries of recent construction exist, 
the officers are proposed by the department of justice or of police, which 
takes the advice of the commission of supervision. The foremen and 
overseers are appointed by the commission of supervision, on the nomi- 
nation of the director of the penitentiary. 

In some cantons the officers are subjected to a re-election every three 
years, in some every four years, and in others the tenure of office is 
without limitation. 

It may be affirmed that, as a general thing, the officers of the Swiss 
penitentiaries are not exposed to the iufluence of political changes, and 
H. Ex. 185^ 3 ' 



34 INTERNATIONAL TENITENTIARY CONGRESS. 

that those whose position may have been endangered by IJae victory of 
a party have been effectually shielded by a public opinion which appre- 
ciated their merits and their devotion. 

§ 13. The General Government of the United States, as was observed in 
the preceding chapter, does not concern itself with inisous. It has not 
a solitary jail or penitentiary under its jurisdiction, but imprisons the 
few criminals convicted under its laws and by its own courts iu the 
States where the conviction takes place. Prison-administration, there- 
fore, is a thing relegated to the governments of the several States. But 
even in the individual States there is no central authority governing 
all the prisons, although the last ten years have developed a tendency 
to establish such a central bureau in several of the States. Generally, 
the bureau is charged with the inspection of prisons only, and has no 
power to reguhite their management or appoint their officers. Such 
bureaus exist, under the name of boards of public charities, in Penn- 
sylvania, Michigan, Illinois, Wisconsin, and Missouri; and similar 
boards in Massachusetts, Ehode Island, and North Carolina take some 
part in j)rison inspection, or management, or both. In New York the 
State board of charities is expressly excluded from any direction or 
even inspection of the prisons, and the three great prisons of that State 
are placed under the control of another board, known as the inspectors 
of State prisons, while a private societj', with public duties, the New 
York Prison Association, of which the undersigned was for many years 
the secretary, is allowed, and indeed required, to inspect all the prisons 
of the State and the counties. Nothing that can properly be called 
"central rtWif/ior/if?/" over all the jn'isons of a State is known to exist 
anywhere in the Union ; but wherever there is the nearest approach to 
this, the results are the most satisfactory. Without it, there is, at best, 
a great lack of method and of the highest order of prison discipline; and 
often gross abuses i)revail in many of the local prisons. These have 
been revealed, to some extent, in official reports within the past five 
years, notably in New York, Pennsylvania, Ohio, Michig-an, Illinois, 
and Wisconsin ; and were a searching investigation to be made in other 
States, even those most noted for the excellence of their prison admin- 
istration, no doubt such would be revealed iu them too. As a riWe, each 
city and couuty manages its own prisons; and where a city or county has 
several i)risons, these are very likely to be under distinct officers or 
boards of management, which have little acquaintance with each other 
and little knowledge of the general system of prisons in the State. 

Hence, if wclindiu'any State a prison exceptionally ^^ell managed, like 
the Albany penitentiary, under the nuinageinent of General Pilsbury, and 
the Detioit house of correction, under that of Mr. Prockway, it by no 
iiicaiis follows that the other i)risons will be good ; and it may happen 
that a spirit of envy or jealousy will pievent the managers of one prison 
from ado]»tiiig the imi)nn'ed system which has been introduced into 
another. The chief (lefects of this disoiganized condition of ]>risou 
nianagnncnt spring, however, from a mutual ignorance of the condition 
and working of prisons that should co-oi)erate with each other ; and 
one great advantage derived from the. meeting of the Cincinnati Prison 
Jieforni (>ongi<'ss was a better acfpiaintance of i)rison managers with 
each other, aiul a wider knowledge gained by them of the prisons of 
their own and other States. 

§ 14. In Great Piitain ;nid Ireland th(i prison system is far from being 
a unit. In neither country is there any such tiling as a central and 
supreme authority, possessing juiisdiction overall its i)risons. Por the 
convict-prisons alone, there is in each a. central and controlling 



PKIS. ADMN. SWITZERLAND UNITED STATES, ETC. 35 

power, w'hicli sits at the lielm, and which has within its jurisdiction the 
entire administration of the system. But as regards county and borough 
prisons, both in the larger and smaller island, the government has little 
power beyond that of inspection. Each prison has its own board of vis- 
iting justices, supreme withiu its own domain, but with no bond of union 
between them, and no power capable of giving unity and symmetry to 
tlie whole circle and system of prisons and their administration. 



CHAPTER III. 



PRISON DISCIPLINE. 



§ 1. The agencies employed in the prisons of Austria as a stimulus to 
obedience and industry are : 1. The possibility of imperial clemency. 
Prisoners cannot shorten their terms of sentence according to any fixed 
rule, that principle not having, as yet, been introduced into the Aus- 
trian penitentiary discipline. But, according to an ancient custom, a 
number of prisoners Avho have undergone the greater part of their sen- 
tences, and who have given .solid proofs of improvement, are recom- 
mended periodically to the Emperor for pardon. 2. A share in their 
earnings. The industrial system is not uniform in the prisons of Austria. 
In some the labor of the prisoners is let to contractors ; in others, it is 
utilized on account of the state. In the former class of prisons the 
convicts receive one-half of the proceeds of their work after deducting 
certain exjienses, not very clearly explained in the report. In the latter 
class they receive a share, regulated by a fixed tariff, which amounts to 
about the same as that received by ijrisoners who work on contract. 
What is said above relates to prisons on the associated plan. In the 
partially cellular prison of Gratz, each prisoner has his daily task. 
Here the progressive system has been introduced; according to the 
measure of his industry and the class to which he belongs, each prisoner 
has placed to his credit daily a sum varying from two to six kreutzers, 
and, at the end of the month, the value of whatever overwork he may 
have done during the month. 

Besides the above-mentioned rewards, the privilege is accorded to the 
prisoners of spending one-half of what stands to their credit (not ex- 
ceeding, however, a florin and twenty kreutzers a w eek) in the purchase of 
additional comforts, as milk, coffee, wheaten bread, cold meats, wine, beer, 
tobacco, &c. ; or they may spend it in support of their families or in 
buying such clothes as they will need on their discharge. These arrange- 
ments, the report states, have worked well. 

The most frequent violation of prison-rules are disobedience, rude- 
ness to ofiQcers or comrades, refusal to work, and negligence in the 
performance of the assigned tasks. 

The disciplinary punishments employed are : Admonition ; coarse and 
unproductive work ; temporary withdrawal of privileges ; a bread-and- 
water diet — not given, however, oftener than on three alternate days 
in the week ; irons, (only used in extreme cases ;) hard bed, (either sack- 
ing or bare boards,) but not more frequently than bread and water; im- 
prisonment in a cell, with employment, and at least two visits a day 
from an officer, but not exceeding a month, nor to be repeated till a full 
month shall have passed ; removal to another part of the prison ; and 



36 INTERNATIONAL PENITENTIARY CONGRESS. 

coufiiiemeut in a dark cell, uot exceeding three weeks, after which a 
week must elapse before the i)risoiier can be returned to it. 

An exact record is made of all punishments inflicted, and they are 
also inserted in a memorandum-book kept by each prisoner. 

§ 2. Prisoners cannot shorten their sentences in Belgium by any fixed 
rule ; but this may be done by act of royal clemency in the case of pris- 
oners who are thought to deserve it, on the recommendation of the ad- 
ministrative boards, or boards of prison inspection. They receive a 
portion of their earnings according to the following" tarifl:: Prisoners " 
sentenced to hard labor receive three-tenths, those sentenced to reclu- 
sion four-tenths, and those sentenced correctionally five-tenths. This 
proportion cannot be increased. Other rewards, accorded to good con- 
duct, to diligence, to zeal and progress in school and labor, and to mer- 
itorious actions of whatever kind, are as follows: Admission to places 
of trust, to domestic service, and to certain exceptional labors ; an in- 
crease of the privilege of visits and of correspondence ; jiermission to 
make use of tobacco, in the form of snutt' or by smoking it at proper 
times; the grant of certain diversions and alleviations, sudi as the gift 
of books, engravings, tools, useful objects, &c. ; propositions of clemency 
and of reduction of punishment. 

The most frequent violations of prison rules are, in the cellular pris- 
ons, communications or attempted communications, verbal or written. 
In the congregate prisons they are infractions of the rule of silence and 
traffic. 

The following are the disciplinary punishments in use : Privation of 
work, reading, gratuities, the cantine^ visits, correspondence, and other 
indulgences granted in pursuance of the reguhitions ; a diet of bread and 
water ; confinement in a special cell, or in a dark cell, with or without 
the bread-and-water diet ; the withdrawal of rewards which might other- 
wise have been granted. 

All disciplinary punishments are recorded in a special register, to- 
gether with the causes for which they were inflicted. The oflenses com- 
mitted and the punishments administered are also placed in the moral 
account opened with each prisoner. 

§ 3. The report for Denmark states that the discipline is intended to 
be reformatory. For the cellular prison is established a sort of pro- 
gressive system. In the associated prisons the inmates occupy sepa- 
rate sleeping-cells. The convicts work in divisions separate from each 
other. Ko complete progressive system has as yet been ado[)ted ; but 
such a system is in contemi)lation. The punishments for breach of dis- 
cipline are determined bylaw. Corporal punishments are among them. 
Tlie most cilicacious means of awakening and jireserving hope are, in 
the cellular prisons, the promotion to a higher class; in the associated 
prisons, wages paid for labor. Conditional release does not take 
l)lace. 

§ 4. The principle of abbreviating the sentences of prisoners, as consti- 
tuting at once a stimulus and a leward of good conduct, has not yet been 
intiodnecd into the Frencli ]>('nit«'nliary disc-ipliiie. Tliis can only be 
doiK^ tluoiigh the exercisi; ol" the i>ar(h)ning po\v<'r. b'ixed rules are 
laid down to h(^ followed in ai)i)ii(;at ions I'or cUMnrMcy, wliich is generally 
dispensed in concert with the adniinistrativ<> and judicial authorities, 
and may tliereloie be i)r<'suMied to l)c done intelligently and on the 
ground of merit. 

In the central juisons tli(> product ol' the labor is <livi(led into tenths. 
A portion of these tenths is assigned to the convi(*ts, and takes the 
name of ])rcuJiinn. The quota of tenths granted to the convicts is 



PRIS. DISCIPLINE AUSTRIA BELGIUM DENMARK, ETC. 37 

determined by the nature of the punishments and the number of con- 
victions incurred. The assij>'nment is adjusted between the three classes 
thus: Correctionals, tive-teutlis; reclusionaries, four- tenths ; those sen- 
tenced to hard labor, three-tenths. The part assigned to prisoners 
sentenced on relapse is reduced one tenth for eacli previous convic- 
tion, down to the limit of the last tenth, which is, under all circum- 
stances, paid to the convict. The pecuUiim is divided by moieties 
into i)ecuUum disposable and peculmm reserved. The first is at the 
disposition of the convicts during their imprisonment for certain 
authorized uses, and especially for the inirchase of supplementarj- pro- 
visions and supplies, for the relief of their families, and for voluntary 
restitutions. It also furnishes reserves for fines, punishments, breaking 
prison, or damages to the prejudice of the state or the contractor. The 
peculimn reserved was established in view of securing to liberated pris- 
oners some resources for their first necessities on their discharge from 
the penitentiary. The number of tenths allowed to convicts may be 
increased on account of their good conduct and diligence. There may 
be granted to them, in consideration of these qualities, even six-tenths. 
Other rewards accorded to convicts are : designation for employment 
as foreman of a workshop, monitor in the school, overseer of a dormitory, 
and other positions of trust, such as hospital attendants, store-keepers, 
secretaries, &c. ; also a place on the roll of honor. 

The moral ofi'enses most frequently exhibited are theft, assaults, and 
indecencies. As regards the infractions of disciplinary rules, more than 
half the cases in the central prisons consist of violations of the law of 
silence. In most of the penitentiary establishments, next to that just 
named, the most frequent infractions are refusal to work, the secret use 
of tobacco, gambling, trafiicking, and the unlawful possession of money. 

Order and discipline are reported as maintained in all establishments 
dependent upon the penitentiary administration, without the necessity 
of a recourse to coercive measures of an excessive severity. Acts of 
rebellion and violence take place to only a limited extent, thanks to the 
vigorous enforcement of the rules intended to insure a strict but 
equitable distribution of disciplinary justice. The punishments, so far 
as the central prisons are concerned, are : Confinement in a cell, with or 
without irons; the hall of discipline; dry bread for three days or more; 
deprivation of the cantine or of the ordinary ration ; the reduction of the 
tenths; fines; privation of correspondence and of visits; and sometimes 
the loss of an honorable position, such as that of foreman, overseer of a 
dormitory, monitor in the school, «&c. The convict who has incurred dis- 
ciplinary punishments cannot be i)laced on the roll of honor. Corporal 
punishments are expressly forbidden. 

Every day (Sundays and feast-days excepted) the director of a central 
prison, assisted by his assessors, holds a tribunal of disciplinary justice, 
at which are required to appear prisoners reported on the previous 
evening as having committed some infraction. Each case is fully heard 
and fairly considered. It belongs to the director to pronounce judgment, 
and his decisions are immediately inscribed in a register kept for the 
purpose. Minutes are kept of the proceedings of each session. The 
punishments adjudged are inscribed by the schoolmaster on the bulletin 
of the moral statistics of the convict. In the houses of arrest, of justice^ 
and of correction, the punishments are inflicted by the director or the 
chief keeper, and are inscribed on a special register, which is subject to 
the inspection of the prefect and the mayor. 

§ 5. The German states report : The principle of provisional libera- 
tion has been adopted in the penal code of the German Empire. 



o8 IXTERNATIOXAL PENITENTIARY CONGRESS. 

(1) In Baden actual imprisonment may, by good conduct, be reduced 
one-fourth, provided, however, that a full yearshall have been passed 
in confinement. The holder of a license may, at any time before the 
expiration of his sentence, have it revoked for misconduct or an infrac- 
tion of its terms, in which case the time intervening between his pro- 
visional liberation and his re-arrest is wholly disregarded, and the pris- 
oner is required to serve out his entire sentence as if he had not been 
released at all. 

For the i:>erformauce by the prisoner of the daily task required, 
which is equal to the average work of a free laborer, the sum of three 
kreutzers is placed to his credit. For additional work this sum may be 
increased to six kreutzers. To this reward diligence and the result of 
efficient work alone contribute, good conduct not being considered. 
Other rewards are special gratuities, the privilege of spending a xjai't 
of their pecuUum in procuring increased comforts, better prison fare, 
such occupation as they like, and school prizes. 

The offenses most common are forbidden communications with their 
fellow-prisoners. 

The disciplinary punishments in use are : Eeprimauds ; withdrawal of 
privileges ; solitary confinement, with or without light ; privation of bed ; 
diminution of food and drink ; aiid coercive chair, (the prisoner being 
bound to a solid chair.) A full record is kept of all punishments. 

(2) The same rule in regard to the shortening of i)ri$on-sentences by 
good conduct holds in Bavaria as in Baden. 

The proportion of their earnings allotted to prisoners varies from two 
to four kreutzers a day. In this award regard is had to good behavior as 
well as to industry and capability. Other rewards, given to act as an 
incentive to good, are: Permission to buy or receive extra articles of 
consumi)tion ; permission to receive more frequent visits and conduct a 
more extensive correspondence ; formal praise or recognition ; receiv- 
ing better and more lucrative work; school prizes, (presents of books;) 
rewards for work, (presents of money up to four florins.) 

The prison regulations oftenest violated are those which arise out 
of intercourse with other prisoners, namely : Exchange of articles of 
food and snuff"; disobedience and brutality, such as opposition to offi- 
cials, attacking fellow-prisoners, refusal to work, swearing, noisiness, 
and quarreling. 

The discii)linary i)unishmeiits are : Reproof; non-payment for labor up 
to four weeks; reduction of rations for a term of from eight to fourteen 
days ; arrest, with or without work, to a period not exceeding four weeks; 
imprisonment in a dark cell for a term not exceeding ten days; and 
wearing of irons, but in such a manner as not to prevent the prisoner 
from walking. Corporal ])unishment is strictly forbidden by law. 

livery ]»nnisliinent is entered in a book kei)t for the i)urpose ; an ex- 
tract from it is added to the dcjcuments furnished to each i)risoner. 

(.">) 'J'Im; same icgulation in regard to [uovisional liberation has place 
in I'rnssiii as in Baden and Bavaiia. 

Piisoncrs may icccivc a i>ait of tlnir earnings, but never more than 
one-sixtli. Tlur cxac^t proportion dcitcixls n[>()n their good or bad con- 
duct and tlie greater or less zeal they have sliown at their work. They 
may disj>ose of one-half of this share in increasing their ])ris()n com- 
forts; the other lialf is giNcn to them on their release. Beyond the 
HJxth of tlieii- earnings no other special rewards are granted to pris- 
oners. 

The most common infractions of ])rison rules in J'russia are : 1. 
»Slighl olfeiises against diseij>line, as neglecting to keep silence, disorder, 



PRISON DISCIPLINE GERMAN STATES. 39 

untidiness, and quarreling with fellow-prisoners. These infractions, 
in 1869, were 57 per cent, of the whole. 2. The violations of regu- 
lations are — improper, insolent, and rebellious conduct toward the 
officers. These were, in 18G9, 24 per cent. 3. Those infractions of rules 
which consist in avoiding and escaping from work. These, in. 1869, 
were 19 per cent. 

The disciplinary punishments are : Degradation to the second class of 
prisoners ; privation of the right of disposing of any part of their earn- 
ings ; privation of the better treatment accorded on holidays ; solitary 
imprisonment in punishment-cells, accompanied by various degrees of 
rigor; and whipping, only inflicted on men, with a limitation to thirty 
lashes. 

An exact register of all punishments is kept. 

(1) Prison discipline in Saxony has a twofold object: the satisfac- 
tion of justice and the reformation of the prisoner. Above all things, 
effort is made to revive and cherish hope in the heart of the criminal, 
the hope of improving his condition in the prison, the hope of shorten- 
ing the term of imprisonment, the hope of a complete moral amendment, 
and the hope of regaining a respectable place in society. The adminis- 
tration thinks that the church, the school, and Sunday's instructions 
are the best means, in the hands of a sensible officer, for effecting moral 
reformation. It aims at making the prisoner understand that he can 
make progress neither in prison nor in civil life without radical and 
real amendment. The question whether a discipline founded on rewards 
or punishments is the more successful, is deemed almost superfluous, for 
it depends much on the individual character of the prisoner. By an 
order dated March 10, 1861, in consequence of the favorable results of 
experiments made during the previous ten years, disciplinary punishments 
were greatly reduced, and now consist in diminution of food, more or less 
severe imprisonment, and in withdrawing the recompense for work done. 
Corporal punishment with a rod or thin stick, up to thirty strokes, or 
punishment on laths, (the former only used against criminals of the 
lowest class of discipline,) is used under certain restrictions, and can 
only be applied after mature consideration and deliberation on the part 
of the officers. It is seldom used, and has, for example, not been applied 
in the penitentiary of Zwickau for the last ten years. Diligence is re- 
warded by a higher allowance, and good conduct i)laces the i^risoner in 
a higher class of discipline, or obtains for him a place of trust. A 
remission of part of the imprisonment is regarded by the i^risoners as 
the highest reward. The administration makes it the termination of the 
three stages of discipline. The remission of part of the sentence has 
proved excellent in its results, for down to January 1, 1872, of 415 pris- 
oners dismissed, only 11, or 2,65 per cent., relapsed. 

(5) Probationary liberations have been introduced into Wlirtemberg 
since the enactment of a jienal code for the German Empire. In cases 
where a question of the full pardon of a prisoner arises, his conduct is 
especially taken into consideration. 

Industrious prisoners receive, for their application and good conduct, 
a part of their earnings ; this part is fixed by the administration at one- 
fourth ; but if their earnings exceed eight kreutzers per day, they can 
receive only two kreutzers. Prisoners who are distinguished for good 
conduct are encouraged by being placed in a higher class, by receiving 
more agreeable and more profitable employment, by being allowed more 
frequent, communication with their friends and more liberty to make 
purchases out of their earnings, and by being recommended for i^ardou. 

The chief disciplinary punishments are : restricted communication 



40 INTEKNATIONAL PENITENTIARY CONGRESS. 

with their relatives and friends ; withdrawal or diminution of the part 
of their earnings usually granted to them ; diminution of food ; isolated 
imprisonment ; and imprisonment in a dark cell. In prisons for reclusion, 
rons are also applied; corporal punishment is excluded. An exact 
register of punishments is kept. 

f G. The end aimed at in the administration of penitentiary discipline 
in Italy is so to direct punishment that, without allowing it to lose its 
necessary characteristic of deterrence, it shall also possess the other 
equally essential requisite of reforming the delinquent. Nothing there- 
fore is omitted to obtain this desirable end. While, on the one hand, it 
is instilled into the mind of the prisoner that he will be enabled, by good 
conduct, to ameliorate his condition ; on the other, the end aimed at is 
to raise his sense of manly dignity, that he may not become a hypocrite. 
In the penitentiaries those who distinguish themselves by their good 
conduct enjoy special advantages, such as being intrusted with domes- 
tic work, being recommended to mercy, &c. 

In the bagnios there has been established a system of progressive 
classification, under which prisoners, like the mercury in a thermometer, 
ascend and descend according to their deserts. Each class has its dis- 
tinctive badge and special privileges. Those prisoners who have distin- 
guished themselves by good conduct in the penitentiaries, aiid have 
worked out at least one-half their term, are removed to the agricultural 
colonies of Piauosa and Gorgona. 

The administration is at present occupied in the study of a plan for 
sending to the island of Capraja (Tuscan Archipelago) those prisoners 
who have continued in their good conduct during their sojourn in the 
islands of Pianosa and Gorgona. The prisoners on reaching Capraja 
will enjoy a semi-liberty within the island, without, however, being quite 
free from certain disciidiuary restraints. This is the Crofton intermediate 
prison. 

The disciplinary system in the two classes of prisons noticed below, va- 
rying according to the nature of the sentences to be worked out in them,^ 
differs somewhat. In the penitentiaries the jiunishments in use are : 
admonitions, privation of food, solitary cells, fetters at the longest for 
twenty-four hours, solitarj' confinement from one to six months ; while 
in the bagnios, besides admonitions, separate cells, and privation of 
food, there is also arrest, with or without fetters, the hard seat, &c. 

The rewards in the penitentiaries are: the appropriation for the ben- 
efit of the i^risoner of a <{uota of the profits arising from his labor; a 
more generous diet ; the privilege of a less interrupted family corre- 
spondence ; the right of dis})osing of a portion of the funds accruing from 
his w<nk ; admission into the schools; domestic employment; and rec- 
omiiiciidation to Jiiercy. The rewards in the bagnios are: advancement 
from a lower to a higher class; elevation to positions of trust and 
responsibility ; exem|»tion from tlie fetters customarily worn in this 
class of prisons; and for those alone who have reached the highest 
class, recom inundations to tlu^ royal clemency for a full })ard()n. 

It is diCliciiIt to decide (so the report declares) which class of discip- 
linary punislnnciits is most edicacious, the effect depending on many 
individual cin-iimstanceH, which cannot bo known, much less stated, iu 
advance. Solitary conlincment gencially reduces to order and quiet- 
ness even the most obstinate, and tbis because the ijidi\'i<lual so ])un- 
isbed is withdrawn IVoni tlie ovcr-excitcnient produced l>y tlie recurrence 
of tbc si)('cta<;Ui in whicb be is both actor an<l witness. Corporal pun- 
ishment is for])idden. lly the r<'gulations of ]8L'(;, flogging was a 
punishment assigned to a lew grave inisdeniea!U)rs; but tbis regulation: 



PRISON DISCIPLINE ITALY MEXICO NETHERLANDS. 41 

was modified in 1803, and since then flogging has not been iullicted in 
a solitary case. 

The local director has authority to inflict the minor punishments; for 
heavier ones it is necessary to have the approval of a special council ; 
the ofl'ending prisoner must be heard, and an official report must be 
drawn up. The more serious cannot be inflicted without notice being 
previously given to the central direction. 

For the protection of the prisoners there exist the following provis- 
ions : A visiting commission (especially for the detention jails ;) an au- 
thorized direct correspondence between the prisoner, the minister of the 
interior, the director-general, the central inspector, and the magisterial 
authorities ; and a systematic inspection of the prisons by the local 
authorities and by the central inspectors. 

No special discipline, it is held, can be applied to incorrigible con- 
victs ; but, as they" may be kept in solitary confinement for the space of 
six months, they become impotent to disturb the discipline of the estab- 
lishment. The central administration, however, fully recognizing the 
many benefits which would accrue from such a plan, proposes to set 
apart a penitentiary, where so stringent a discipline can be exercised as 
to render superfluous any extraordinary coercive measures, and therein 
to gather together that class of convicts which, by subtle art oftener 
than by open rebellion, encourages and prompts discontent among the 
prisoners, and thus foments a perpetual irritation, so obstructive to the 
quietness, confidence, and subordination which are the primary elements 
of a genuine moral rehabilitation. 

§ 7. It is provided in the new criminal code of Mexico that offenders 
sentenced to ordinary imprisonment, or to reclusion,in an establishment 
of penal repression for two years or more, and who have uniformly be- 
haved well during a period equal to half the time their confinement is 
to last, have the remaining period of imprisonment remitted condition- 
ally. In this way offenders can not only obtain a diminution of their 
punishment, but also receive a free i)ardon, if they have, by their 
good conduct, shown themselves worthy of it. Any punishment, 
whether of ordinary imprisonment or of reclusion, in an establishment of 
penal repression, for two years or more, is to be converted into close 
confinement, in case the offender should have misbehaved himself dur- 
ing the second or third portion of his time. 

All proceeds of the work of the prisoners is given to them if they 
have been condemned for political offenses or if they are detained for 
minor offenses against the law ; but in the case of those condemned, for 
misdemeanor or felony, to imprisonment or reclusion, they have 25 per 
cent, of their earnings, if the punishment lasts more than five years, - 
and 28 per cent., if the time is less. To the above percentages 5 i^er 
cent, more is added when a criminal has obtained, by good conduct, 
his preparatory liberty. Moreover, if he supports himself by his work 
out of the establishment, another 5 percent, is added; and this may be 
increased until the allowance reaches 75 per cent, of the total amount. 
The advantage of this system is that prisoners are thus encouraged to 
support themselves by their work, and that they maintain with free 
persons an intercourse which may be useful, when they recover their 
liberty, in enabling them to earn their livelihood without returning to a 
career of crime. 

Besides the favors above enumerated, prisoners can, by their good 
conduct, obtain others. They may enjoy, during the days and hours of 
rest, any amusement which the rules of the establishment i)ermits. 
They may ajiply one-tenth of their reserve-fund to the purchase of any 



42 INTERNATIONAL PENITENTIARY CONGRESS. 

articles of furniture or comfort which the rules do not prohibit. The 
kind of work which their sentence condemns them to perform may be 
commuted into one better suited to their education and habits. 

§ 8. iSTo diminution of the sentences awarded by the tribunals can be 
obtained as matter of legal right by prisoners confined in the jails and 
penitentiaries of the Netherlands. But, agreeably to a royal decree of 
1856, the administrative commissions of the central prisons submit every 
year a proposition for pardons or remissions, to be granted to prisoners 
who have distinguished themselves by their good conduct. These proposi- 
tions, however, include only persons who have been sentenced to more 
than three years, and who have undergone at least one-half of their 
punishment, and the remission never exceeds six months. Besides 
this, all prisoners have the^ ordinary resource of applying to the King 
for i)ardon or remission ; and since, in general, a decision is made only 
after a report from the commission on the conduct of the prisoners, this 
conduct has, generally, a strong influence ui>on the decision. 

The portion of their earnings allotted to the prisoners are : To civil 
prisoners sentenced to reclusion and to military j)risoners, 40 per 
cent. ; to the inmates of the central prisons, 50 per cent. ; and to those 
confined in other prisons, 70 per cent. These proportions are not 
increased by reason of the prisoners' good conduct. ]S"o other rewards 
are given to prisoners beyond this participation in their earnings. The 
distribution of premiums has been abolished for some time, and the 
industry of the prisoners finds its recompense in the increase of profits, 
which naturally result from zeal and capacity. Still, the re-establish- 
ment of i)remiums is under consideration at the present moment. 

The kinds and frequency of the violations of prison rules differ sen- 
sibly in different prisons, and often depend on the more or less intelli- 
gent administration of the chiefs and the employes. Insubordination 
and quarrels may be regarded as the most frequent infractions. Isola- 
tion by night (which is not yet generally introduced) has, in this respect, 
produced good fruits. The disciplinary punishments in use are: Re- 
striction to a diet of bread and water 5 withdrawal of the privilege of 
writing and receiving letters; privation of books; the dungeon; fetters; 
and, iu the central prisons, isolation in a cell. All these xninishments 
are recorded in a register. 

§ 0. The principle of provisional liberation, and, by consequence, that 
of the i)ower of shortening the sentence by good conduct, has not 
l)cen introduced into tlie criminal jurisprudence of Norway. Only by 
royal ])ardon may the duration of a fixed sentence be abridged; but, iu 
dcciiling on the question of pardon, the behavior of the prisoner during 
his impiisonment is, as a matter of course, taken into consideration, 

I'ri.sonos do not receive any part of the ])roceeds of their labor. 
I-'oiiMcrly a certain part was allowed them, but the system was aban- 
(belied as not expedient. However, tlie (piestion of introducing the 
same, syst(!m to a grcalcr or less extent, and in an altered jnanner, has 
again been raised. In regard to other rewards as a stimulus to self - 
conti'ol and sell'-exeition, in the houses of correction and the fortresses, 
an extra allowance of food an<l other small ])rivilegcs arc accorded to 
th(^ well behaved and deserving. For those in use in the penitentiary, 
lefcrence is mad(! to what Jjas been said in the chapter on prisou- 
systems. 

Tiie most fre<juent infractions of prison rules are: In the cell-prisons, 
<*omtnnnieation with fellow-prisoners; in the other i)risons, quarrels, 
illicit labor, attempts to esca])e, and laziness. Oflenses against discip- 
line aie piiiijsheil with bread and water, conlin^Mnent in a dark cell, or 



PRISON DISCIPLINE NORWAY RUSSIA SWEDEN. 43 

with privation of the extra allowance of food ; in the prisons exclu- 
sive of the penitentiary, corporal i>unishment is also employed. The 
I)unishments are always inserted on the records. 

§ 10. In Eussia the discipline of the prisons seems to be in a lax and 
inchoate state. The principle of an abbreviation of sentence by means 
of good conduct and industry has been admitted only in imprisonment 
with hard labor, and even there awaits a regular organization and a 
systematic application. Russian law prescribes work for the prisoners, 
and grants them a part of their earnings, according to the particular 
class of prison. But this law still remains almost a dead-letter ; it has 
been executed only in rare cases. The organization of industrial labor 
is regarded as lying at the root of the penitentiary improvements now 
under consideration by the government. One of the clauses in the pro- 
ject of reform relates to the proportion of earnings granted to the 
prisoners. Ino system of rewards has yet been established. 

Drunkenness is reported as the most frequent breach of prison rules, 
and as having been often encouraged by the cupidity and want of 
fidelity of the employes. 

The disciplinary punishments employed are the dungeon and some- 
times castigation or irons. In the better-regulated prisons a record of 
the punishments isiiept. 

§ 11. Good conduct produces no abridgment of the time of imprison- 
ment in Sweden. The King exercises the right of pardon almost ex- 
clusively in favor of prisoners sentenced to hard labor for life, and whose 
conduct for ten years has been unexceptionable. 

Prisoners are encouraged by being allowed a share in the gain de- 
rived from their labor. In the associated prisons the amount received 
daily varies from one to seven cents of our money. This refers to the 
generality of prisoners ; but those who act as foremen, as well as those 
Avho are distinguished for skill, get an additional sum rising sometimes 
as high as sixty centimes, equal to twelve cents. 

In the cellular prisons in the provinces, in which the director procures 
both work and materials, the earnings of the prisoners sentenced to hard 
labor are distributed on the following scale : The prisoner receives two- 
sixths; the director for inspection and furniture two-sixths; theofQcers 
who exercise surveillance, one sixth ; and, in order to provide help for the 
prisoner when liberated, the remaining sixth is put in a savings-box. 
Any prisoner who commits in prison an offense liable to punishment 
loses his share of the money placed in the savings-box. Of the two- 
sixths which the prisoner receives he may spend two-thirds in buying 
additional food, as bread, beer, cheese, lard, «&c ; but this expenditure 
must not exceed two francs i^er week. Those who work in the open air 
especially rec^uire this extra food. There are no other rewards to stimu- 
late the prisoners' zeal. 

In cellular prisons the most usual offenses are attempts to communi- 
cate with other prisoners, drawing and writing on the walls, and neglect 
of cleanliness. In the collective prisons the most frequent violations of 
regulations are insults in words and actions to officers and prisoners, 
attempts to iirocure spirits, cheating, and thefts. 

In cellular prisons the punishments consist of withdrawal of bed- 
clothes, diminution of nourishment, or imprisonment in a dark cell for 
eight hours at most. This punishment is inflicted, on request, by the 
X^rovincial government. In the associated prisons, besides the punish- 
ments just cited, there are added imprisonment, with or without labor, 
and for very grave offenses tlie bastinado on men; this last in rare 



44 INTERNATIONAL PENITENTIARY CONGRESS. 

cases. Imprisonment iu n cell for a period exceeding a mouth can only 
be by the central authority. An exact record is kept of all punishments. 

§ 12. In all the cantons of Switzerland prisoners may, by their good 
conduct, obtain an abbreviation of their punishment by applying for 
pardon to the legislative authority, (great council,) which reserves to itself 
this right. Such reduction is rarely made conformably to fixed rules. 
In many of the cantons complaint is made that chance and caprice play 
too cousTjieuous a part, and that commissions of pardon do not always 
take account of grave and important facts. In some cantons clemency 
is exercised readily enough, while in others this is done only iu excep- 
tional cases. 

In certain cantons a decree of the legislative authority confides to the 
council of state, or to the department of justice, or even to the police, 
the right of remitting the latter portion of their punishment (one-twelfth, 
for example) to convicts whose conduct has been good. In cantons 
where penitentiary reform has made some progress, there is a tendency 
to bring down the use of pardons to the minimum, and to substitute 
the principle of conditional liberation ; in short, to confide this function 
to the direction of the department of prisons, which, having the super- 
vision of the penitentiary administration, is alone capable of judging 
whether or not the re-entrance of a prisoner into society offers any danger, 
and whether a probationary liberation may be safely granted him. 

In most of the cantons the prisoners have a share in the benefits of 
their labor. As a general thing this part has rather the character 
of a gratuity than that of lawful wages. The proportion varies in 
different prisons, and in the case of prisoners in different classes of 
the same prison, from 5 to 25 per cent. It is proposed by some of 
the wisest directors, Mr. Kiihne, for example, of the penitentiary of 
St. Gall, to increase the proportion beyond 25 per cent, to the worthiest 
of the prisoners. Whatever ma}' be the scale adopted in the different 
establishments, the gratuity is granted to all the prisoners who, con- 
formably to the regulations, have rendered themselves worthy of it. It 
is adjusted at the end of every month or every three months, and is 
placed to their credit in their memorandum of savings. 

The other rewards employed to stimulate the good conduct and zeal 
of tlie prisoners vary in kind and amount, according to the cantons and 
the degree, more or less advanced, of penitentiary reform. In well- 
administered establishments there are granted to good conduct, to 
application, to zeal, and progress in labor and school the following 
r(;wards: In the second penitentiary class, liberty to choose books from 
the library and to attend the lessons given in class, the use of tobacco — 
limitcMJ, however, to tlie hours of promenade in the exercise-yard — and 
liberty to have served to them a supplementary or extraordinary ration 
of food. In the third or higher class there are added to the above- 
mentioned rewards the privilege of promenade and free conversation 
with their fellow-prisoners of the same class, liberty to wear their beard, 
to work in their free hours for themselves and their families, to adorn 
their cells and to have plants in them, the use of a patch of land for .a 
gard<!ii, and iidmission to i>laces of trust — such as that of fortMuan — to 
sn|)(u iiit<'.nd Wn'.'w fcllow-iuisoners in learning trades, or to execute 
certain exceptional lahoi-i in the administrative, industrial, and domestic 
s('i'vi(!es. 

In tho cantons where the old convict-prisons still exist, th(> most fre- 
quent o(fe,nses against disciiiline an; disolx'dience and insubordination; 
next come escapes or attempts to es'cape; then lies; and finally immo- 
rality in acts and words. In the penitentiaries iu whi(;h the Auburn 



PRISON DISCIPLINE SWITZERLAND UNITED STATES. 45 

system has been iutrodiiced it is foimd that the infractions most fre- 
quent are disorder, want of cleanliness, and viohition of the hiw of 
silence ; in the penitentiaries of recent construction, the want of pro- 
priety and dignity, lying, idleness, and disobedience. 

The disciplinary punishments in use may be divided into three classes: 
In the prisons whose organization is imperfect, and where the reforma- 
tion of the prisoners is not the aim of the imprisonment, we find exist- 
ing the dungeon and corporal puDishmeuts f in penitentiaries on the 
Auburn system, more or less completely organized, corporal punish- 
ments are gradually disappearing, and are replaced by a diet of bread 
and water and by confinement in the dark or ordinary cell; in the 
modern establishments there is coming into vogue a new series of pun- 
ishments, of a moral order, among which figure, by the side of the 
dungeon and the diet of bread and water, admonition, privation of 
work, of reading, of visits, of correspondence, and, in general, of all or 
a part of the diversions, alleviations, and other indulgences above men- 
tioned. Corporal chastisements are passing away, and in their place 
are substituted the strait-jacket and the cold-douche bath. 

Those who, through mischief or negligence, destroy or injure the 
effects, objects, instruments, and raw material placed at their disposal, 
are obliged to pay the value of the damage done. 

In most of the prisons are found registers in which the punishments 
inflicted are fully recorded. These registers, in the modern peniten- 
tiaries especially, give complete information as to the occasion, the kind, 
and the nature of the punishments inflicted. 

§ 13. There are, perhaps, in the United States a thousand prisons large 
enough to have the word " discipline " applied to their management; 
and in these every variety of discipline, lack of discipline, and abuse of 
discipline are found. • In many, little is sought beyond the security of the 
prisoner and the convenience of the prison-keeper ; in many others, 
the discipline is intended mainly to be deterrent, but through laxity or 
severity becomes a stimulus to crime ; in some, it is really deterrent 
without being reformatory in aim or result; in a great many, the nominal 
aim is reformation, but the reasonable means thereto are neglected ; in 
a few, the wise combination of deterrent and reformatory means is at- 
tempted, and succeeds (in one direction, or in both, according to the 
skill, opportunity, and perseverance of the prison government. But the 
great majority of prisons in the United States are, in fact, neither deter- 
rent nor reformatory to any great extent ; sometimes because no effort 
is made to comply with the laws — which almost everywhere require in 
terms this twofold discipline, though they do not often furnish suitable 
means — and sometimes because the best agencies are not employed, or 
are not continued persistently. The deterrent agencies are solitude, 
silence, hard fare, and constant labor ; sometimes also severe punish- 
ments are employed. The reformatory agencies are instruction — secular 
and religious — industrial training, the encouragement of shortened sen- 
tences for good conduct, &g. By some of these means " it is sought to 
plant hope in the breast of the prisoner and keep it there ;" and to these 
are added gratuities for work, the visits of pliilanthropic persons and 
of the prisoner's own family, and the promise of help in leading an honest 
life upon his discharge. Conditional pardon, which enters so largely 
into the Crofton prison system, has little place in ours, the commutation- 
laws, by which sentences are shortened for good behavior, being almost 
the only feature of the Crofton system much in use here, and that not 
very systematically. 

Probably punishments are more relied on than rewards in governing 



46 INTERNATIONAL PENITENTIARY CONGRESS. 

the prisous; but there is not rnucli variety of either in most of them. 
Flogging- is forbidden by law or nsage in most of the States, but is 
practised in some prisons where it is forbidden. The same is true of the 
iron yoke, the shower-bath, the iron crown, suspension by the thumbs, 
and other modes of torture. Deprivation of privileges, solitary im- 
prisonment — often in a dark cell — and wearing a ball and chain, are the 
most common punishments. Of rewards, the chief is a shortening of 
the sentence for good behavior; this, in truth, is about all there is that 
exerts much effect. The other rewards are petty privileges, such as 
better food, the use of tobacco, a light in the cell, &c. There is no 
exact mark-system, so far as is known to the undersigned, in any Ameri- 
can prison, but there may be examples not yet made public. 

§ li. The principle of conditional release, or the power of abbreviat- 
ing the term of sentence, is fully introduced into the English convict- 
prisons. The maximum of abbreviation is one-fourth of that part of 
the sentence passed in the public works or congregate prison, no ac- 
count being made of the time spent in cellular separation. This remis- 
sion is gained by industry alone, which is measured by marks, a certain 
number of which are accorded daily to the prisoner, according to his dili- 
gence. The diligence and zeal of the convict are further stimulated by a 
system of progressive classification, whereby he may pass through four* 
classes during his term of sentence, viz, a i)robation, first, second, and 
third class ; and certain selected prisoners are also i^laced, during the 
last year of their sentence, in a special class. The minimum stay of the 
convicts in each of the three lower classes is one year, and the remainder 
of the sentence may be passed in the first class, unless a prisoner is 
promoted during his last year into the special class. Every promotion 
is followed by certain privileges, and each class wears its own badge. 
Though limited, these privileges offer inducements which are keenly 
felt. They are, in addition to remission of sentence, more frequent com- 
munication by visit or letter with their friends, greater freedom for ex- 
ercise on Sundays, and increased gratuities to be paid them on their 
release. 

The disciplinary imnishraents in use are forfeiture of remission, 
degradation to a lower class, the loss of privileges gained by industry, 
solitary confinement, reduction of diet, corporal punishment, and so on. 

The i)ower of punishing a prisoner resides only in the governor and in 
the director. 

The limits of punishment in both cases are laid down by the secretary 
of state, and no punishment can be awarded without full investigation 
of the charge coM(lu<;ted in tlie presence of the prisoners. The governor 
has ])o\vers sufficient to deal with minor- offenses, and every ])unish- 
iiH'Mt he, orders is n'[)()rtcd to the direct()r with a statement of the pris- 
oner's (((IV'iise. 

I'hc, iliiector, whose functions correspond Avith those of a magistrate, 
awards piinishuK-nts for offenses of a grave <'liaracter. Only the director 
lias power to award corporal punishment, and lu^ only for certain offenses 
dfliiied by thcsccictary of state, and after full inquiry on oath conducted 
in the most- formal mann<^r. No unusual punishments may be indicted. 
(liaiuH, hatnlciiffs, or means of s[>ecial restraint may not be made use 
of except und(!r <Mutain defin(Ml cir(;umstances and undei- strict regula- 
tions, and the use of them is always reiK)rted and recorded in a formal 
uiannei-. No officer is allow<ul to strike or- abuse a prisoru'r. Should 
he find it necessary, on account of the violencie of itny prisoirer, to make 
use, of his weapons, he, is always (%illed ni)oM to show that he confiired 



PRISON DISCIPLINE ENGLAND IRELAND. 47 

himself strictly to the necessities of the occasiou, or, failiug to do so, 
he must bear the consequemses. 

Every prisoner has the unrestricted right of appeal against the acts 
of those above him ; he may lay his complaint in the first instance be- 
fore the governor, who is bound to investigate it and to place the ap- 
peal on record ; or he may appeal to the higher authority of the director, 
who can, if he sees fit, reverse the decision of the governor. 

The director not coming in daily contact with the ofiicers and pris- 
oners, but only visiting the i)rison magisterially at uncertaiu intervals, 
it is of course felt that he can give a fresh and impartial consideration 
to any question or complaint. 

Besides this the prisoners have the power of petitioning the secretary 
of state. They exercise freely their right of appeal and petition; and 
the effect of these provisions is not only that prisoners feel that they 
cannot be unfairly dealt with, but the officers are constantly reminded 
that they are liable to have to answer for any act which they may per- 
form. 

The plan by which it is sought to bring before the prisoner, in a form 
easily intelligible to him, the fact that, as in ordinary life, the advan- 
tages held out to him as an encouragement to industry are directly pro- 
portioned to his industry ; that he cannot be idle for a day without a 
corresponding loss ; that good conduct is necessary as well as industry, 
because ill-conduct will deprive him of the advantages he would gain 
by his industry — is, as has already been remarked, by a system of re- 
cording the industry by marks. 

To every man is^ssigned the task of earning a number of marks pro- 
portioned to the length of his sentence. These marks may be earned 
either at the lowest rate, in which case he must serve out the whole of 
his sentence; or at the highest rate, when he gets about one-fourth of 
it remitted ; or at some iutermediate rate, by which he earns a propor- 
tionate remission. 

The record by marks api)lies not only to the amount of remission 
which the prisoner can gain from his sentence, but also to every step 
of progress made during his imprisonment : for instance, he is re- 
quired to pass at least a year in each class ; but during that time he 
must earn a definite number of marks, or his promotion is delayed ; 
and, further, the gratuity which he earns in each class is calculated 
according to the number of marks he earns. 

Every prisoner is funished with a card, on w^hich, periodically, his 
earnings in marks are recorded; and if he feels himself unfairly dealt 
with, he has free right to complain, and his grievances are investigated. 

In this manner, day by day, week by, week, and year by year, he can 
count and record the progress he is making as regards promotion from 
class to class as well as in relation to the accumulation of money- 
credits, and the goal of all his endeavors — conditional liberation. He 
is thus made to see and feel that he has something to hope and work 
for beyond the mere avoidance of ijunishment. 

§ 15. In Ireland, discipline is maintained chiefly by moral forces, viz, 
by rewards in the form of promotions from class to class, increased 
freedom and privileges — as merited by good conduct — gratuities, remis- 
sion of part of sentence, &c., and by punishments, taking the shape of 
degradation from a higher to a lower class, reduction of food, and the 
like. Whipping is legal, but seldom employed. 

All punishments are made matter of record. 

The most common offenses are insolence, inattention, and unnecessarv 
talk. 



48 INTERNATIONAL PENITENTIARY CONGRESS. 

OHAPTEE IV. 

MORAL AND RELIGIOUS AGENCIES. 

§ 1. Ill the Austrian prisons of all kinds, chaplains and religious 
teachers are provided for prisoners of every sect, of which the number 
is considerable. As, however, the greater number are of the Eoman 
Catholic faith, every prison has a Roman Catholic chaplain, and, when 
the number of prisoners is sufficient to require so many, two or more. 
Besides holding divine service and administering the sacraments, the 
chaplains are under obligation to visit the prisoners individually, to 
seek to awaken the moral sense within them, to strengthen them by 
spiritual counsel and exhortation on their leaving the prison, and, in 
general, to labor, in season and out of season and by all suitable means, 
to reclaim and save them. 

The highest importance is attached to the labors of the chaplains, 
since religious instruction is found the most effective means to acquaint 
them with the principles of morality and to lift them up from their 
moral degradation. Many prisoners have lost heart and have fallen 
into despondency and even tlespair, from which they find it impossible 
to raise themselves by their own unaided exertion. As a consequence, 
they have become callous and indifferent. Eeligion alone is capable of 
reconciling them to themselves, to society, and to God. It alone can 
restore hope to the criminal, the loss of which has been the chief cause 
of his continuance in a course of crime. Eeligious iftfluences are, there- 
fore, an essential agency in the moral improvement of prisoners. 

Formerly volunteer visitors were excluded froui the prisons. The law 
of April, 1S72, permits the visitation of cell-prisons by members of 
societies which occupy themselves with the care and improvement of 
discharged prisoners. 

There are no Sunday-schools in the Austrian prisons, in the Ameri- 
can sense of that iustitution ; but, on Sundays and all church-festival 
days, lectures are delivered to the prisoners on various subjects of 
scientific and popular interest. 

The frequency with which letters may be written by the inmates of 
the Austrian ])risons is not stated. They write and receive letters by 
leave of the director, who must in all cases read and countersign them. 
The correspondence of ])risoners with their friends is found to have an 
excellent etlcct upon them, keeping up family ties and counteracting 
the evil inlluenccs of prison-life. 

Prisoners, witii the consent of the director, ma^', from time to time, 
receive the visits of their families and iViends, ])rovided these latter are 
of good repute, and otherwise unobjectionable. Visits take place in the 
conversation-room, except in tlie case of sick i)risoners, and in the pres- 
ence of an official. They cannot last beyond a half-hour, must be in a 
langnage undcjrstood by the official i)resent, and must relate to matters 
approved by him. Their moral effect is generally favorable, as in the 
case of corn'si)()ii<lence. 

§ 2. The Belgian governmcuit attaches the highest inqtortance to re- 
ligious instrnction as a means of refonnjilion, and has given to it the 
most conq)lete organization iM)ssibl(;. Chaplains are pi'ovided in all 
])risonHand ibr all religions, an<l the rnles re,(|uire them to preside at the 
(exercises of winshij) and over all icligions instrnction, to visit the 
prisoners in their cells and give them counsel and consolations; to 
])ress iq)on tlieir conscience the, diligent ixMlbiMnance of all religious and 



MORAL AGENCIES AUSTEIA BELGIUM DENMARK, ETC. 49 

moral duties, to direct their reading, to bear their confessions, to j,nve 
special instructions to those ignorant of the essential trutlis of religion, 
in a word, to fultill toward them all the duties of their ministry. 

Prisoners sentenced to correctional imprisoument are permitted to 
write letters every fortnight, those sentenced to reclusiououcea month, 
and those sentenced to hard labor {travaux forces) once every two 
months. Tlie privilege is granted oftener in urgent cases. The effect 
is evidently good. It maintains or renews the ties of home and kin- 
dred, and aids the officers in the study of the prisoner's character- 
Prisoners are allowed to receive the visits of their relatives — father, 
mother, husband, wife, children, brothers, sisters, uncles, aunts — and 
guardians, on the i^roduction of a certificate granted by the local 
authority of the places where they reside, authenticating their identity. 
K^o other visits are permitted except upon a written order of the supe- 
rior administration, of the governor of the province, or of the president 
or one of the members of the commission specially delegated to this 
effect. In the penal prisons more particularly, these visits tiwke place 
in the conversation-rooms, in presence of a keeper. Tliis officer observes 
the persons of the prisoner and the visitor, without interfering with 
the privacy of the interview. The moral intiuence of these visits is gen- 
erally good. The cases are rare (but such have occurred) in which the 
effect has been unfavorable. 

§ 3. In Denmark a clergyman is appointed to each prison. He alone 
is intrusted with the religious teaching of the prisoners. Volunteer 
visitors are not permitted to labor in the prisons for the moral improve- 
ment of the inmates. 

§ 4. In the suuiller departmental i^risons of France some parish priest 
acts as chaplain, but in the larger prisons of this class, as well as in all 
central prisons, the chaplain is a regular officer of the establishment, 
and is wholly devoted to its religious service. Liberty of conscience is 
guaranteed to prisoners of all religions. On his entrance, every prisoner 
must declare to what faith he adheres, which declaration is verified by 
an administrative information. If he does not belong to the Eoman 
Catholic religion, he is transferred, whenever it is possible, to a prison 
designed to receive persons of the same religious faith with himself. 

In the large penitentiary establishments, the chaplains consult with 
the directors in determining upon the various religious offices and serv- 
ices. They visit the infirmaries, the sick, the places of puuishment, 
and the solitary cells. In the sessions of the tribunals at the pretorium 
of disciplinary justice, they are entitled to a place among the assessors 
of the director. To prisoners who are prevented, by their age or infirmi- 
ties, from taking part in the labors of the evening, they give moral, 
religious, or instructive readings. They are called upon to give their 
advice on propositions for the exercise of executive clemency. 

ISo volunteer visitor is admitted into the prisons to labor for the 
moral regeneration of the prisoners without a special authorizatian 
from the minister of the interior; but there exist, for the departmental 
prisons, commissions of supervision, [surveillance^) composed of men held 
in the highest esteem, whose mission is to watch over the entire man- 
agement, and particularly over everything relating to the reformation 
of the prisoners. Commissions of this sort have not, hitherto, per- 
formed any services in the central prisons. 

No Sunday-school, properly so called, exists in the French prisons. 
Yet, with a view to avert the dangers of protracted idleness, the heads 
of a number of penitentiary establishments have organized an hour of 
H. Ex. 185 4 



50 INTERNATIONAL P^ITENTIARY CONGRESS. 

school on Sunday, and the administration has generalized this innova- 
tion. 

In the departmental prisons a special regulation of the administra- 
tion determines the days and hours on which attention must be given 
to correspondence. In the central prisons, the prisoner has the privi- 
lege of writing once a mouth to liis family. He can correspond only 
with his nearer relatives or his guardian. The director is charged with 
the duty of examining the correspondence of the prisoners both ways. 

Beyond cases of special authorization, convicts can receive only the 
visits of father, mother, wife, husband, brother, sister, uncle, aunt, and 
guardian. During the visit, which does not ordinarily exceed twenty 
to twenty-five minutes, an officer is always present. 

The moral effect of the visits received, as of the correspondence car- 
ried on, by the prisoners, is, in general, rather good than bad. 

§ 5. The German states reported : 

(1) The highest value is attached in Baden to religious instruction in 
prisons. Chaplains are provided for all prisons and for all religions. 
They hold religious service, give religious lessons, enter into religious 
conversation with the prisoners, inspect the prison schools, keep an 
eye on the prisoners' occupations during their relaxation, and corre- 
spond with the ministers of their abode; this correspondence gives moral 
protection to the prisoners after their liberation. It is their duty to 
give particular attention to sick prisoners, to those depressed in spirit, 
or showing any tendency to insanity. They visit the sick weekly, and 
tlie other prisoners at least every fortnight. It is their duty at these 
visits to awaken, so far as possible, moral and religious feeling in the 
I)risoners, and to further their reformation. 

No volunteer visiters are admitted into the prisons to labor for the 
moral benefit of the inmates. 

Tiiere are no Sunday-schools in the prisons of Baden. 

Prisoners have liberty to write to their friends once a month ; but cor- 
respondence with inspectors, the minister of Justice, and the superior 
courts is unrestricted. Their correspondence has generally a beneficial 
influence on the prisoners, none being allowed which can in any way 
intorlere with the punishment. All letters sent or received are read 
by the director or the chaplain. 

Visits may be received, of right, monthly, and oftener, as in the case 
of correspondence, by special leave of the director. They take jjlace in 
the ]»resence of an officer, the visitor and prisoner remaining separated. 
Their influence is found to be, in the main, beneficial. 

(2) In ]>avarin, all the larger prisons have chaplains wholly devoted 
to the duties of their oflice; in the district and police prisons, the cler- 
gyman of the ])la(;e ofli(!iiites. The regular chaplain is bound to hold 
<liviii<' servicer in the foicnoon of every Sunday and holiday and on the 
King's birthday, and in the afternoon of Sunday to give one hour's read- 
ing or exhortation, and to hold a religious service on one week-day; 
to administer the saerjiment to sick jnisoners when they demand it, 
and to tlK)se in health onee every three months: to give religious in- 
Htrneti(»M twi(;e a week for one hour; to visit the piisoners confined in 
cells at h-ast «'veiy fortnight; (o correspond with the clergymen of the 
jilaees to wliieli the prisoners belong; and to act as librarian. 

Volnnteer Tcligioiis workers :\vo not admitted. 

Tlieic are no Sini(la\ schools in the piisons, but on that day instruc- 
tion in drawing is given to th(^ prisoners. 

There appear to be n(> staled jieriodsfor writing letters ; theonly con- 
dition would seem to be permission by the director. All letters, going 



MORAL AGENCIES BADEN BAVARIA PRUSSIA — SAXONY. 51 

out or coming in, are examined by the director. Their correspondence 
has a beneficial effect on the prisoners. If the ties of family have been 
broken, they are thereby re-knit; if otherwise, they are made stronger. 

Prisoners may receive visits at any time by leave of the director. 
The visits are not to last nsually beyond fifteen minutes; they must be 
in the presence of an oflicer, und must be carried on audibly, and in a 
language understood by him. The visitor may neither give nor receive 
anything from the prisoner. 

The influence of these visits upon the prisoners, like that of their cor- 
respondence, is found to be useful rather thnn injurious. 

(3) Chaplains are found in all the prisons of Prussia, and for all forujs 
of worshi^j. They hold divine service every Sunday and once during 
the week ; administer the sacrament to the prisoners at stated periods ; 
give religious instruction ; superintend the primary instruction given by 
the schoolmasters ; are bound to labor seriously for the salvation of the 
souls of the prisoners; and, with this aim, must visit them regularly in 
their cells and in the infirmary. 

In all instruction given to adult prisoners, the aim is not so much to 
impart new knowledge, either useful or necessary, as to teach them to 
rellect, and to liberate them from that sad brutishness which is so often 
the chief cause of their crimes. The less instruction is an exercise of 
mere memory, and the less it demands a mere mechanical activity, the 
more it engages the attention of the entire man, and the more it acts at 
once on heart and intellect ; and to that extent it the more efficaciously 
fulfils its highest purpose. 

It is held in Prussia that the unchanging truths of religion and 
morality, when taught in a worthy and striking manner, best fulfil the 
highest aims of instruction and are richest in satisfactory results. Such 
instruction in prisons is, therefore, regarded as one of the most important 
means for the moral reformation of the prisoners. 

Private persons who are known to have great interest in all that con- 
cerns prisons, and who possess a high moral character, may, at their 
request, have admission into the prison, with a view to labor for the 
moral and spiritual well-being of the prisoners. 

There are many Sunday-schools in the prisons of Prussia, but neither 
the manner of conducting them nor their results are stated. 

Prisoners must have special permission from the director before they 
can either write or receive letters ; but such permission is withheld only 
in exceptional cases. All letters are read by the administration. The 
chaplain generally delivers the letters addressed to the prisoners; he takes 
this occasion for acquiring a knowledge of their relations and their affairs, 
and seizes any opportunity he may thus have of inducing them to seek 
eternal life. Such correspondence with their friends and relatives as is 
permitted has, in general, a beneficial effect on the [)risoners. 

Visits to prisoners are only exceptionally allowed, and when the vis- 
itor's character is above suspicion. Tliey are made in a room apjiropri- 
ated to the purpose and in the presence of an official charged with listen- 
ing to the conversation. Their general moral effect is good, and both 
visits and correspondence are regarded as an etiicacious remedy for the 
despair and wretchedness which so readily take possession of prisoners. 

(i) In Saxony, the religious wants of prisoners are equally regarded 
and cared tor, whatever their creed may be. Just as in every truly re- 
ligious household all the members must mutually help to attain what 
is desired, so in the Saxon prisons (it is claimed) everything is arranged 
for the purpose of promoting, above all, moral education by common 
worship of God and individual care of the soul. Eut the use of extra- 



52 INTERNATIONAL PENITENTIARY CONGRESS. 

ordinary moral agencies is not allowerl. It is alleged that tliey have been 
found unpractical, and that prisonersplace little conlidence in strangers. 
Consequently casual visitors are not admitted, even though their pur- 
pose be the moral improvement of the prisoners. 

(5) In all the prisons of Wiirtemberg there are Protestant and Catho- 
lic chaplains. Their duties are to hold divine service on Sundays and 
festival-days, and to give once a week religious instruction to the prisoners 
of their respective creeds and general pastoral counsel on all suitable 
occasions. For prisoners of the Jewish faith there is similar provision 
for religious instruction. The labors of the chaplains are declared to 
be most valuable and beneficial in their results. 

Permission is not given to volunteer laborers to enter the prisons on 
missions of benevolence to the prisoners. 

Prisoners are allowed, under certain restrictions, to receive visits 
from their friends and to correspond with them. The regulations and 
results are much the same as in the other German prisons mentioned in 
this section. 

§ 6. Under the head of moral and religious agencies, the supreme 
director of prisons in Italy, in his report submitted to the congress, 
holds the following language : 

No one will deny that religion lias an iranaeuse influence over man ; but to exercise 
that influence it is necessary that religion should be sincere and implanted in the 
heart, and it is in no wise to be confotincled with superstition or prejudice. There is 
no doubt, therefore, that, with those prisoners who have that innate religious senti- 
ment, practical acts of piety and the exhortations of the chaplains have weigiit; but 
with the I'cmainder, though it be well that the ministers of religion should do all in 
their power to implant religious feeling, and though the administration neglects noth- 
ing which seems conducive to this end, yet it does not consider moral agencies of minor 
importance, and the greatest of these is the good example to be set before the deliu- 
ijueuts by the behavior of the directing officers and jailors. 

In some provinces voluntary or semi-oflicial visitors were formerly- 
admitted into the prisons, and the government still allows such ; but 
the administration does not deem it exi)edient to pass an opinion as to 
their practical usefulness so long as the commission for penitentiary 
reform is still deliberating on this important question. 

§ 7. All the prisons of Mexico do not have chaplains, nor, when they have 
such, do tlu'y also have them for all denon)inations. Even where chap- 
lains are ai)i)()iute(l, they have no well-detined oihcial duties to perform, 
exce[»t so lar as their ecclesiastical functions are concerned, and their 
duty of course is always to advise and comfort the pi'isoner and direct 
liim toward reformation. Keligion is believed to be the most valuable 
means of reforming tln^ prisoner. On the days and during the hours 
allowed by the lules, the <loois of the ])rison are open not only to the 
UHMiibers of the protecti\'e boards, but also to all persons who, ac(;ovding 
to the Judgment ol' tlu^ council of vigilance, {junta de vigilancia,) are 
cai)abl(; of contributing to the moral improvement of the prisoners. 
►Sunday-schools exist in some prisons, in others not. The favor of 
writing aiul n'.ceiving letters is generally limited. The results of this 
(Mjrr«'spoii([<'nce are not very satisfactory. 

i'ormeiiy piisoneis could be visited by all their fiien<ls ; iu)w only 
those piTsons are a«liiiitted who have h'ave of the (!ouiK;il of vigilance, 
when they are belicAcd by the meiidxTS (jf that body cai)ahle of ini- 
jnoving the moral condidon of the ]»iison<!rs by their advice and their 
example. In that ca.se there is thought to be no necessity to employ 
any one to listen to the conversations. 

§ H. 'J'heie are no chaplains, as such, attached (!xclusiv(^ly to any of 
the prisons of the i^ietlierlands; but, in all thecentral prisons, in all the 



MORAL AGENCIES WURTEMBERG ITALY MEXICO, ETC. 53 

Louses of detention, and in the greater part of the houses of arrest, the 
office of (ihaphiiu and the religious services are coutided to one of the 
parish ministers of each religion, who is named by the minister of 
justice. The duties of the chaplain consist in performing religious 
service on Sundays and feast-days, in making pastoral visits, and in 
imparting religious instruction. Keligions instruction, given with in- 
telligence, is considered of great importance as an agency in the refor- 
mation of prisoners. In some prisons there has been introduced the 
system of proverbs. ThivS consists in hanging on the walls of the corri- 
dors and cells pithy moral sentences, and in changing them from time 
to time. In the opinion of experienced persons, this plan deserves to 
be recommended for general use. 

Persons of both sexes, outside of the administration, are admitted 
into the prisons to labor among the prisoners, with a view to their moral 
regeneration. In some cities there are private associations to visit the 
prisoners, organized by the National Society for the Moral Amelioration 
of Prisoners. • 

Sunday-schools have not been established in the prisons of the in eth- 
erlands. 

The administration of each prison regulates the correspondence of 
the prisoners as it judges most expedient. There is no general rule upon 
the subject. All the letters received or written by the prisoners are 
subjected to the inspection of the directors, and are withheld when 
their contents are improper. There is, therefore, no ground to appre- 
hend injurious effects, and, in general, the correspondence of the pris- 
oners is attended with a beneficial influence. 

The prisoners are permitted to receive the visits of their friends as 
often, generally, as once a month. A grating separates the prisoner 
from his visitor, and an employe is always present to supervise the 
interview, which, as a general thing, may not exceed a quarter of an 
hour. They cannot converse privately. As in the case of the corre- 
spondence, it may be said that the general effect of these visits is good. 

§ 9. Every convict-prison in Norway has its chaplain of the Evan- 
gelical Lutheran confession, to which faith almost all the people of 
Norway belong. In the minor district prisons, spiritual assistance is 
generally afforded by the parish minister of the district where the prison 
is situated. To the chaplains it belongs to conduct divine service in 
the prisons and to labor for the reformation of their inmates by the 
further agencies of personal conversation, admonition, and instruction. 

E,eligious lessons are regarded in Norway as a very effective agent in 
the reformation of imprisoned criminals. 

Sunday-schools exist in most of the convict or hard-labor prisons, 
but .persons outside of the administration are not admitted for moral 
labor within the prisons. 

Correspondence and visits are permitted to the prisoners under due 
restrictions, and the moral effect in both cases is found to be good. 

§ 10. In all the large prisons of Russia there are chapels and chap- 
lains. Prisoners of all the different creeds receive the oiiices of religion 
from ministers of their own faith, even Jews and Mussulmans. 

The report on the prisons of Russia, as already stated in a previous 
chapter, was drawn up by Count Sollohub, president of the imperial 
commission on prison reform for that empire. On the subject of relig- 
ious instruction in prisons the distinguished count holds this language : 

In the present condition of things, the duties of the chaphiin.s rest rather on the per- 
formance of religions ceremonies than on the giving of formal iiistrnction. Viewed in 
its relation to the actual state of things iu the country, I iiud no disadvantages in this 



54 INTERNATIONAL PENITENTIARY CONGRESS. 

arranrjement. Ceremonies speak to the eye and the heart. Reli;j;ions instruction re- 
quires in the priests who uudertalje it the largest charity and a hij^h civilization. The 
aggressive principle of the gospel, when disconnected from mattsrial interests, is cer- 
tainly the crown of the servant of God, but this work would require a special clergy 
trained for the purpose of this particular mission. In addition to the education of 
those who speak, those wlio hear must likewise be educated, that they may under- 
stand as well as listen. It is impossible to deny the importance of religious worship 
and instruction, but I think in all things excess is pernicious. A man in nu)re favor- 
able conditions than a prisoner would immediately lose patience if he had to listen 
only to exhortations to virtue and repentance. The prisoner, having no means of 
resistance, buries in his heart a hatred which makes repentance impossible, or assumes 
a hypocritical garb of piety, in the hope of gaining something by it. I think I am not 
mistaken in afiiruiing that the desire to reform ])risoners has often been wanting in an 
intelligent com]nehensiou of human nature. Virtue is not manufactured by formal 
methods; such methods can only produce the absence of vice, not the presence of 
individual morality, which is able to withstand all the assaults of temptation. I have 
found out by experience that we have nniny more chances of s-uccess when Ave appeal 
to men through their interests than through merely their good sentiments, and that, 
by removing from them the opportunity of doing evil, we naturally lead them to do 
vs'ell, while we fail to turn them from vice by wearying sermons. At the same time I 
should rigorously insist on attendance at divine service on Sunday, on daily prayers, 
and on religious instruction in all central inisons. But I think that religious ref<u-mation 
should not be the declared object, but left to develop itself in proportion as hope and 
confidence re-enter the heart of the criminal, and as he comes to see that his own welfare 
depends on his reconciliation to society. 

It would ap[)ear that private persons are, to a certain extent, permit- 
ted to visit and seek the moral regeneration of inisoners. On this sub- 
ject the count says: 

There are few persons in Russia who devote themselves to the moral reform of pris- 
oners. Some remarkable exceptions exist; among others, Dr. Hase, vrho has left behind 
Lim a touching celebrity fen- his effoi'ts in that direction. 

There are no Sunday-schools in Eussian prisons, such as they exist 
among us. But in most prisons of any size, discussions on scientific 
subjects are held on Sunday, in which the prisoners take a lively interest. 

As regards the correspondence of prisoners, it is pernntted under the 
necessary limitations ; but since the greater part of the prisoners can 
neither read nor write, the matter becomes of comparatively little con- 
sequence. 

Visits from relatives are permitted, but with due restrictions. The 
effect of these visits, in a moral point of view, depends on the morality 
of tlie visitors. The rei)orter adds : 

I do not suppose that parents coming to visit their children could injure them- 
Moreover, I regard that degree of disciplinary punishment wliicli susp«'uds the right 
of receiving all such visits, without exce[)tion, as unjust and unwise, particularly aa 
it often punislies llie visitors much more tlian it does the prisoners. 

§ n. Only Lutheran clmplains are emi)loyed in the prisons of Sweden. 
Few prisoners are found in them of any otlu'r religious belief. 

The duties of the <;hai)hiin are to hohl divine service, administer the 
Ha(;iaments, and give religious instnu'tion ; to ascertiun by conversation 
the .state of tlie ])risoriers' minds, and seek their reformation; to take 
charge of the library and churcli registers, in which latter lie enters 
ol>ser\:if ions on each jtrisoner's manner of life and coiuluct. If the 
eli;ipl;iin is e(|ii;il to ills high mission and /eidous in its duties, the iacul- 
ti(^s of Mie prisoners are considerably dev»'lo|)(Ml ; they gain a ciear i)er- 
cpption of justice; and many of tiiem iir(^ h'd to form a firm resolve to 
Hve iti future an lioii(>st bfe. 

Snmhiy-si'hoois ure found in a few prisons, but they are exceptions 
to a general inle. Where, lliey exist, they luive a, beii(>ficial effcM-t. 

I'ersods not (;onnecle(i with llu' adminislration e;ni iiave access to the 
j)risoiierH only by special permission. Men of high character, and, 
known to be prudent and capable of laboring for their moral reforma. 



MORAL AGENCIES RUSSIA— SWEDEN— SWITZERLAND. 55 

tion, are readily permitted to visit them. In the prisons for womeu 
Avell-kuowii ladies have obtained leave to visit the prisoners on Sunday 
to iustrnct them, and give them practice in singing. 

Th(; privilege of correspondence is pretty freely granted to prisoners, 
particularly with their nearest relatives, and is found to have a good 
influence on them. 

As regards visits, prisoners awaiting trial, and those sentenced cor- 
rectionally, have a large license ; but those sentenced to hard labor can- 
not see even their nearest of kin without special permission from the 
director. Visits are always made in the presence of the director or of 
an officer detailed to that duty. Duly regulated, they have no bad 
effect. 

§ 12. Ministers of the Eeformed and qf the Catholic religion act a« 
chaplains in the prisons of Switzerland. The rabbi of the nearest 
locality is invited to visit such co-religionists as are occasionally found 
in them. 

In the establishments which are imperfectly organized, the chaplains, 
for the most part, coutine themselves to the celebration of public woi-ship. 
In proportion as the prisons approach the category of penitentiaries that 
aim at the reformation of the prisoners, these officers are seen paying 
regular visitts to them, consoling and counseling them, superintending 
the religious instruction of the juvenile delinquents, and fulfilling toward 
them all the duties of their ministry. 

Eeligious instruction, as a means of reforming prisoners, is looked 
upon in Switzerland as of the highest importance and as exercising the 
happiest influence, particularly if the person charged with it possesses 
the special aptitudes suited to the high mission which he is called to 
fulfill, and throws aside, as far as he may, mere dogmatic questions. 
Prisoners in whose heart the religious sentiment is not extinguished at 
the time of their entrance are easily impressed by the exhortations of 
the chaplains; on the other hand, such as do not possess it offer to the 
instructions of religion a soil arid and ungrateful. Among prisoners 
self-deception and hypocrisy are not unfrequently met with ; yet it often 
happens that individuals who reject or are ignorant of the Bible end by 
finding in its pages the consolation of which they are in pursuit. 

Sunday-schools, properly so called, do not exist in the Swiss prisons. 
At Ziirich the chaplain holds a catechetical exercise in the afternoon, 
and afterward an instructor gives a lesson in sacred music. 

Persons of both sexes, not connected with the administration, are 
admitted into the prisons to labor for the moral improvement of the 
prisoners. In the cantons which have new penitentiaries, such persons 
are authorized to visit the prisoners in virtue of decrees of the legisla- 
tive authorities. This is especially the case with members of aid societies, 
who have free access to the prisoners whom they seek to succor. 

In the female penitentiaries iadxr patronesses are frequently met 
with, especially in the cities which were visited in 1839 by Elizabeth 
Pry, and where, at the instance of that good and charitable woman, 
ladies' aid societies were organized to console, to place, to watch over, 
and to sustain criminal womeu. At Ziirich, where a society of this kind 
exists, the lady patronesses give to the female prisoners in the peniten- 
tiaries regular lessons and take charge of their religious instruction. 

The privilege of correspondence with friends is accorded, but under 
different regulations and with greater or less frequency in different 
cantons. 

In the establishments where the progressive Crofton system has 
been introduced, prisoners of the middle class can write letters every two 



56 INTERNATIONAL PENITENTIARY CONGRESS. 

months, those of the higher class every month. But an extension of 
this favor is often granted, especially in cases where the (;orrespondence 
is of snch a character as to draw closer the ties of family, to exert a 
good inflnence, and contribute to the moral cure of the ])risoner. This 
powerful means of moral reformation is more or less neglected in estab- 
lishments where the organization is imperfect. As the letters pass 
under the inspection of the director, his eye sometimes detects senti- 
ments which have their taint of hypocrisy; but, in spite of that, the 
correspondence of the prisoners manifests a strong family afitection, and 
awakens tender household memories. 

The visits of relations and intimate acquaintances are permitted the 
same as correspondence, and are most carefully regulated in the prisons 
where penitentiary education receives the greatest attention. The in- 
ternal regulations of different penitentiaries grant the indulgence of 
visits more or less frequently, but the average is about once a month. 
As in the case of correspondence, an extension of this privilege is often 
accorded when the visits are found to have a salutary effect. 

§ 13. The American report on this branch of the general subject is 
exceedingly meager, and appears to the undersigned, with all possible 
respect to the eminent and noble-hearted author, not quite just to the 
chaplains of our higher prisons, which alone, for the most part, of 
American prisons, have an officer of that class. There is scarcely a 
county jail in the country which enjoys the services of even a nominal 
chai)lain, and it is doubtful wliether there is one which has such an offi- 
cer exclusively devoted to the moral and spiritual welfare of its inmates. 
Most of the state-prisons have chaplains, but few, it is believed, of the 
prisons holding a middle ground between the state-piison and the 
county jail have them. The report represents indifferent chaplains as 
the lule, good and effective ones as the exception. The undersigned 
would reverse this order. He has had personal knowledge of many of 
these gentlemen, and, as a class, he cannot help regarding them as 
earnest, devoted, hard-working, useful prison off;,cers, and, he is sorry 
to ho compelled to add, very ill i>aid for the work they do. It has often 
been matter of woiuler to him that men so competent could be had for a 
comjxMisation so disproportioned to both the amount and the value of 
the service rendered. He has known instances in which the services of 
chaj>laiiis have been sought by wealthy churches, at largely increased 
rates of remuneration, and in wliich they nevertheless resisted the 
tempting call and icmained in their humbler position of prison pastor, 
from love to tlu^ Master and to those in whom, all fallen and criminal 
as they are. He has deigned to declare that He is Himself visited and 
minist(;red to. However large the prison may be, even though it con- 
tain an avenige population of a thousand or more souls, there is seldom, 
if e\'er, more than one chaplain ; and he is charged, not only with the 
H[)iritual care of this immense multitude, but also with the oversight of 
the pi'isoner.s' correspon<ieiice iind wiMi that of the library, superadded 
t;0 all which is not uiifVe(|iieiitly the giving, or at least the su[)erintend- 
iiig, of seliohisfic inshiict ion. 

Most of our slate ])ris()ns, and some of a lower grade, have Sunday- 
schools, large and (louiishitig; not a few have weekly i>rayer-meetings, 
which ar(^ atlciided l»y jjiisoneis varying in niimlxM- from a score or so 
to several IimimIkmI. Into most of our prisons workers from outside, of 
known jniidence and i>i<'ly, are freely admitted to labor, in ai vai'iety of 
ways, for the moial and spiiilual benefit of the conN'icts, in most cases 
(not in all) with excellent, elfcet,. 

Corj'es])ondence and visits of friends are perinitted in all prisons, but 



MORAL AGENCIES UNITED STATES ENGLAND IRELAND. 57 

nniler a variety of rein'nlatioiis and restrictioiis too luimerons for state- 
ment. The general testimony of wardens and chaplains- is that the effect 
of both is lieneficial rather than otherwise. 

§ 14. In England, every convict-prison has its staff of ministers of 
religion, who hold two religions services on Sunday and morning 
prayers daily, besides performing all the ordinary pastoral duties during 
the week. For the most part, tlie chaplains are not permitted to have 
any other occupations than those appertaining to their office, thus being 
left free to devote their whole time to the improvement of the prisoners 
placed under their spiritual care. The advantage of thus inculcating 
religious truth and seeking to awake religious feeling is held to be in- 
contestible, and notwithstandiu'g the doubts which have been called out 
by injudicious exaggeration of the results of these influences, the ad- 
vantages thus afforded are much appreciated by j)risoners, and the exer- 
tions of the ministers of religion bear perhaps as much fruit as in the 
world outside. 

Volunteer working visitors are not admitted into the convict-prisons. 

Periodical letters to respectable acquaintances are allowed, the fre- 
quency vai\ying according to the class. The same is true as regards the 
receiving of visits. Both privileges are found to be beneficial in their 
influence on the convicts. 

All county and borough jails in England are provided with chap- 
lains. Their duties are substantially the same as those of the chaplains 
of convict-prisons. No Sunday-schools exist in these prisons and no 
volunteer workers are admitted. 

Letters may be written and visits received by prisoners on the expira- 
tion of the first three months of their imprisonment; but as a very 
small proportion of the inmates remain three months, and not one in a 
thousand six months, it would seem to be, in regard to the mass, but a 
barren privilege. 

§ 15. The regulations and usages of the Irish convict-prisons are sub- 
stantially the same as those of England in all that relates to the general 
subject-matter treated of in the present chapter. 

No ofiBcial report was made to the congress in so far as the borough 
and county prisons of Ireland are concerned. 



CHAPTER V. 

SCHOLASTIC EDUCATION. 

§ 1. The average proportion of prisoners unable to read, in Austria, 
on their commitment, was, during the years 1868, 1869, and 1870, 38 j)er 
cent, of men and 50 per cent, of women. 

As a rule, all Austrian imsons are provided with schools. All 
prisoners of a suitable age to learn, (thirty-five years and under,) and 
who are either wholly illiterate or of defective attainments, are required 
to attend the prison school. 

The subjects taught are the common primary branches, together with 
composition, the elements of natural history, physics, geography and 
history, and, in rare cases, drawing and geometry. Besides this, in all 
the prisons for men, instruction in vocal and instrumental music is 
given, but only as a reward of merit and to such prisoners as possess 
musical gifts. The progress made in the schools is satisfactory. 

Libraries have existed in the j)risons only during the last few years. 



58 INTERNATIONAL PENITENTIARY CONGRESS. 

The works selected are, besides those of a religious character, popular 
works ou history, geography, natural history, physics, husbandry, tech- 
nical subjects, and political economy, books of an entertaining and 
instructive character, as biographies of celebrated men, accounts of trav- 
els, descriptions of customs and manners, and moral tales. The use of the 
libraries is constantly increasing. Those who are able to read receive 
books for themselves; for those in associated confinement who are una- 
ble to read, readers are appointed. Preference is generally given to tales, 
travels, and biographical sketches. Only prisoners of some education 
ask for books of a higher standard. The influence of this reading is* 
exceedingly good, not only because the keeping of order and quietness 
is thereby greatly assisted, but because the mind of the prisoner is in 
this way withdrawn from his every-day life, directed to new objects, 
stirred to higher and better thoughts, and thereby unconsciously enno- 
bled. 

§ 2. In Belgium, 49 per cent, of the prisoners when committed are un- 
able to read. Every prison with fifty inmates or more has a school or a 
teaching lecturer. At the penitentiary of Louvain, attendance is obliga- 
tory on all prisoners; at Ghent, it is obligatory on all under thirty years 
of age, and is permitted to those who have passed that limit. In other 
l)risons, attendance is obligatory on all juvenile delinquents and ou all 
adult prisoners who, having a sentence of at least six months, are under 
forty; it is permitted to all others. The instruction given in the peniten- 
tiary schools includes religion — which is taught by the chaplains or un- 
der their immediate direction — morals, reading, writing, arithmetic, ele- 
mentary notions of grammar, history and geography — particularly the 
history and geography of Belgium — the elements of geometry and linear 
drawing in their relations with trades, and other branches of a 
l)ractical utility. Great progress is made by the jmsouers in these 
studies. 

Libraries are found in all the prisons of Belgium. They contain three 
classes of works, which meet three several wants : that of reforming 
the i)risoners, that of instructing them, and that of diverting their 
n)inds by the reading of books at once entertaining, moral, and instruc- 
tive. 

The prisoners are very fond of reading, and spend much time in it. 
The inliu(Mi(;e of these readings is found to be excellent, and the forma- 
tion of ])ris()n lil)raries (it is thought) cannot be made with too much 
care and disciimiiiation. 

§3. In Denmark one or two school-masters are appointed to each 
l)rison. I'risoners under eighteen, who are only isolated at night, 
rec(;ive a sp(;cial treatment, with two or three hours', instruction a day. 
In cellMJar i)ris()ns, convicts under forty receive two to three hours' in- 
sLruction ji week. In the associate prisons, instruction is only given 
on Sundays, I<]very jyrison has school-rooms and a library. 

§4. The average proportion of a<lult jirisoners unable to read in the 
Fren(jli prisons on their CDnimittal is 50 per cent.; of juvenile prisoners 
81 per cent, are foun*! wholly illiterate. 

The organi/alion of primary instruction in the prisons of France 
dates l>ack to LSI!*. In virtue, of a (Ua^nie of December UG of that year, 
})rimary instruction, embracing nsiding and the first elements of calcu- 
lation, was required to l)e, given to prisoiKUs, following, as far as their 
nnnilxT perniit ted, the nietlnxl of mutual instruction. Since that time 
the administration has eslabbshed s<-,hools in all the inq)orLaiit prisons. 
In iSfit;, tlie minist<'r of tin; inteiior ()r(leic(l that a gr«?ater extension be 
given toprimaiy instruction, andrequircd that almost the entire prison- 



SCHOLASTIC EDUCATION — AUSTRIA BELGIUM, ETC. 59 

population should be made to share in it, with the exception of old men, 
invalids, and those whose perversity requires their exclusion. The in- 
struction given in the prison schools comprises reading, writing, the 
first four rules of arithmetic, and the legal system of weiglits and meas- 
ures. To this list of branches may be added mental calculation, sur- 
veying, linear drawing, and general notions on the geography and his- 
tory of France. The administration has not been able, thus far, to al- 
low all the prisoners to participate in the benefits of primary instruc- 
tion. While striving to give a stronger impulse to instruction, it has 
"been obliged to discriminate, in admitting i^risoners to the school, by 
receiving first the youngest, afterward adults, and among the latter 
those whose conduct is the most satisfactory. 

The progress made by the j)risoners is generally rather slow, owing to 
the little aptitude of the greater part of them. Many who entered wholly 
illiterate leave the prison knowing how to read, to write passably well, 
and to perform the simpler operations of arithmetic; but a complete 
elementary education is rare. The administration has not been as well 
satisfied as it could have wished with the results of the instruction given 
in the prisons; and it is at this moment engaged in seeking new meth- 
ods of instruction and a better organization of the schools in the peni- 
tentiary establishments. 

The prison libraries include works for Catholics, Protestants, and 
Israelites, which are intended to serve for their moral and religious in- 
struction ; also, books of history, accounts of voyages, literary works, 
treatises on ordinary and technical science, novels, and miscellaneous 
works. These books are examined with care by the council of general 
inspection of the prisons. The works of piety admitted by each relig- 
ion are designated only on the recommendation of the ministers of the 
different religions. The catalogue contains special indication of the 
books more particularly adapted to men, to women, and to children. 
At this moment the superior administration is engaged in re-organizing 
and enlarging libraries in all the penitentiary establishments. 

The prisoners are generally fond of reading. Those who have a 
knowledge of this art nearly always profit from the practice of it. They 
have their Sundays for reading, and on week-days they read during the 
hours of rest and at)»meals. In some establishments there are readings 
in common to convicts who are unoccupied and to others during the 
intervals of labor. Sometimes such readings are given during meal- 
time in the refectory. The i)risoners listen to them with interest, but 
those who know how prefer to read to themselves. The distribution of 
books takes i)lace under the superintendence of the instructor or the 
chaplain, who, in his selection, has regard to the antecedents, the apti- 
tudes, and the conduct of each prisoner ; and the officers charged with 
this duty perform it in such manner as to cultivate a taste for reading 
by all the means which are consistent with the exigencies of the service. 
Books specially written for pxisoners are not those which they prefer. 
They read with greater pleasure books of history, voyages, novels, and 
narratives which have touches of the marvelous, of elevated sentiment, 
and of renowned actions. 

Eeading is found to exert a happy moral influence upon the prisoners. 
Those who contract a taste for it during their imprisonment are gener- 
ally well behaved. Properly directed, reading effects a salutary revo- 
lution in the soul and imagination of the prisoner. Hence, the choice 
of books becomes a matter of great importance. Works which amuse 
by the interest of the narrative and the charm of the style, and those 
w^hich have in them an element of instruction, contribute to enlighten 



60 INTERNATIONAL PENITENTIARY CONGRESS. 

and to inform the prisoner at the same time that they afford to him 
diversion and consolation. They serye to awaken in him the love of 
home, and sometimes predispose him to the duties of religion. 
§ 5. The German states report as follows: 

(1) In Baden only 4 per cent, of the prisoners are unable to read 
when received. Schools are organized in all the prisons. Male pris- 
oners under thirty-five are required to attend, women till they are 
thirty; beyond the ages named, tbose attend who choose. The sub- 
jects of instruction are the same as those in good primary schools. 
With few exceptions, the prisoners make satisfactory progress. Every 
prison has a good library. The books in it are religious, instructive, 
and amusing. The prisoners for the most part are fond of reading. 
Books written expressly for prisoners are in little request. Educated 
prisoners prefer descriptions of voyages, biograi^hies, and technical 
books ; those less educated prefer tales. Suitable reading exercises a 
beneficial influence ; it instructs and relaxes the prisoners' minds, and 
thus aids their reformation ; it favors discipline by removing the feeling 
of enmti and the tendency to disorder. 

(2) In Bavaria 12 per cent, of the prisoners on commitment are illit- 
erate. Schools are established only in houses of correction and the 
general jirisons. Attendance is obligatory till thirty-six; after that, it 
is optional ; but prisoners under thirty-six who are already sufficiently 
educated are excused, if they desire it. 

School instruction comprises reading, writing, arithmetic, geography, 
and German ; choral singing and drawing are also taught — the two latter 
subjects being optional. Prisoners who attend school for less than four 
months make no great progress ; those who have a longer term make 
very considerable advance. 

The libraries consist principally of treatises of a religious and moral 
character, of books which are generally useful, of popularly-written 
works on natural and general history, and of popular editions of German 
classics. 

Almost all prisoners in cells read a great deal and enjoy it, but those 
undergoing collective imprisonment prefer conversation. Eeading ex- 
ercises a good influence by doing away, in great measure, with the evil 
consequences arising from idleness, and promotes the prisoner's improve- 
ment by the cultivation of his mind. Simple tales and entertaining 
books are ))referred — religious books least of all. 

(3) Of one hundred i)risoners sentenced to hard labor in Prussia, 
sevent<M'n cannot read when they enter the prison. In other prisons a 
less ))('rc,entage are illiterate. Schools exist in all Prussian prisons 
except four small houses of arrest. 

All prisoners undcigoing (jcllnlar imprisonmen't receive instruction. 
Among the associated |)risoners i>reference is given to the young and 
to those whose education has been greatly neglected, and whose intel- 
lectual facidlies give promise of subsecpient ])rogress. 

The iirescrilted subjects of instruction are sacred history, reading, 
writing, arithmetic, singing, and sometimes drawing. The lessons in 
reading at the same time give instruction in the history and geography 
of Prussia. 'J'lu», arithmetic is such as isuselid in daily life. The prison- 
ers ai-e iiiligent, in learning, and make satisfactory progress. 

The prisons have libr;iiies eonlaining I'eligious, inst rMcti\'e, and (mter- 
taining l)(»oks. In l.sii!) the total nnmiter of hooks in these liltraries was 
] tt,'llS: 12,210 enterluiiiiiig and instructive, 2;),7 lo educational books; 
the remainder were, icligions works. 

Most of the prisoners are willing and dilig(^nt readers. They all show 



SCHOLASTIC EDUCATION GERMAN STATES ITALY, ETC. 61 

a marked preference for histories and works on natural science written 
in a popular style. Such reading has evidently a very good influence 
on them. 

(4) The prisoners in Saxony are generally sufficiently instructed in the 
elementary branches, but not many of them have gone much beyond 
that degree of education. The penitentiary takes especial care to supply 
the defect of the elementary- education by obligatory weekly instruction. 
The general and special preparation for their calling is supplied to the 
prisoners by free instruction on Sundays. Such instruction is not 
obligatory, but the prisoner has a claim to it arising from good behavior. 
It is voluntarily given by the officers, and not by the clergymen and 
teachers alone. The library in the penitentiary of Zwickau contains 
5,000 volumes of religious, instructive, and entertaining books, thus 
providing for all the mental wants of the prisoners who, under the care- 
ful assistance of the teachers, are diligent readers. 

(5) Prisoners unable to read and write on their admission to the prisons of 
Wiirtemberg form a rare exception. Out of 1,317 prisoners pi-esent June 
30, 1871, nine could neither read nor write ; eight could read and not 
write. All the prisons have schools. The prisoners must attend school 
till thirty years of age ; prisoners above that age are allowed to attend. 
The prison schools are as efficient as good primary schools. The branches 
of instruction are reading, writing, arithmetic, moral and sacred history, 
geography, history of the kingdom, and, in some prisons, drawing. 
Those sentenced to short imprisonments have their former knowledge 
recalled and fixed more firmly in their minds; those suffering long 
imprisonment have it extended, and thus get a higher education. Atten- 
tive and diligent prisoners are muchideased to take part in the instruc- 
tion. In all the prisons there are libraries. The books are religious, 
instructive, or entertaining. 

§ 6. Both scholastic and industrial education is regarded bj' the peniten- 
tiary administration in Italy as a ])rincipal agent for the reformation of 
prisoners. To judge of the breadth and efficiency of the former, it will 
suffice to compare the degree of instruction possessed by those who enter 
and those who leave the penitentiaries. The illiterate among those 
entering are : In the bagnios, 92 per cent. ; in the penal establishments, 
64 i^er cent, ; and in the establishments for minors, GO per cent. These 
l^ercentages are reduced for those leaving the prisons to: In the first 
class named, 73 ; in the second, 46; and, in the last, 12 for the houses of 
custody and 3 for the reformatories. 

In each penitentiary there existsii school, to which is admitted the largest 
possible number of prisoners, the youngest and best conducted having 
the preference. In the houses of detention and the reformatories, the 
school takes a wide range, as it admits all the inmates indiscriminately, 
and in these are specially taught drawing, vocal, and instrumental mu- 
sic, agriculture, some foreign language, &c., and this with admirable 
results. Every prison, whether for juveniles or adults, has a small 
library belonging to it, the formation of which specially occupies the 
attention of the central direction. The greater part of the works 
composing these libraries are books written si)ecially tor prisoners, and 
others selected from educational works, written in a pleasing style and 
l^resenting clear and elementary notions of the national history, mechan- 
ics, moral tales, &c. As soon as the prisoners acquire the ability to 
read, they show a great inclination to it ; but almost invariably they 
seek in books some diversion from their monotonous life, or food for the 
imagination, rather than a fund of solid knowledge ; consequently few 
of the books read by them are of a didactic character, but the greater 



62 INTERNATIONAL PENITENTIARY CONGRESS. 

part are novels or romances, of course always of an unimpeachable moral 
tendency. 

§ 7. Schools do not exist in all the prisons of Mexico. Wherever they 
do, tbey are usually frequented by all illiterate prisoners. 

The education imparted consists of tlie various branches of primary 
instruction and of religious and moral teaching. The progress made is 
satisfactory. 

There are no libraries in the Mexican prisons. Generally prisoners 
do not read much, as they belong for the most part to the lower classes 
of society, where education is seldom imparted. Many are not able to 
read. 

§8. Thirty-five to thirty-eight in the hundred will indicate, with suffi- 
cient accuracy, the proportion of prisoners in the Netherlands who are 
unable to read and write at the time of their entrance. 

Schools exist in all penal establishments, except in the police and 
cantonal prisons. In the cellular prisons the instruction is given in the 
cells. All prisoners, up to the age of forty years, who do not know how 
to read and write, are obliged to receive that instruction. 

The branches commonly taught are reading, writing, and arithme- 
tic. The system of instruction leaves much to be desired. Reforms 
have been introduced or are in contem]ilation. In the two central 
prisons for juvenile prisoners, the system of instruction is all that can be 
desired. 

There are libraries in all the prisons, which include books on morals 
and religion, histories, travels, &c. The books are specially classified 
according to the dift'orent religions. Most of the prisoners are fond of 
reading; they generally prefer books of history, travels, and the like. 
Their reading has a happy effect upon them. 

§ 9. Only about one in the hundred of persons committed to prison in 
!Norway is entirely illiterate. 

Schools exist in all the penal prisons, but not in the minor prisons of 
the districts ; yet, even in these, some instruction is given to ignorant 
young prisoners who remain for any considerable time. Instruction is 
given in religion, reading, and arithmetic; to some extent, also, in 
writing and music. Generally, the prisoners make good progress. 
Lil)raries are found in all the prisons. Those in the district prisons 
contain chieily, though nor wliolly, religions books; those in tiie penal 
prisonsenibrace, besides religious works, histories, travels, &c. Naturally 
the prisoners, especially those confined in the cell-prisons, apply them- 
selves eagerly to reading, and evidently ])rofit by it. 

§ 10. In Russia very few of the i)risoners, when received, are acquainted 
with reading and writing. Schools are giadnally introducing into all 
the prisons of any size. Attendance is optional. As regards the kinds 
and dcgrco of instruction imi)arted, no details can be given, as j)eniten- 
tiary educiition is still in its infancy. It is proposed, when fully organ- 
ized, lo iiiaUe it broad and comjtrehcnsivo. Mr. Savenke, a distinguished 
S|iecj;ilist, has already made, some remarkable expiu-iments and achieved 
extraordinary icsults in this department of prison work. 

Lihiaries, though still hut poorly supplied, are found in many prisons. 
The prisoners are fond of reading and of having books read to them, 
wiieii there is no eonqudsion in the case. 

§ II. Neaily all the prisoneis eommitted to the Swedish prisons can 
rea<l an<l mue.li the greater part write. 

Sehools exist in the associate prisons; in the cellular prisons, the 
iniuates are instrncted in their cells. All the illiterate are allowed to 
attend upon the lessons, unless they are too old to profit by them. 



SCHOLASTIC EDUCATION NETHERLANDS NORWAY, ETC. bS 

Instruction is limited to reading, writing, religion, the elements of 
history and geograpliy, orthography, the four fundamental rules of 
arithmetic, and natural history. The progress is about equal to that 
made \u the national schools, and is satisfactory. 

There are small libraries in the prisons. The prisoners voluntarily 
spend their leisure time and their holidays in reading, either individ- 
ually or in classes. In the latter case one of themselves or an officer 
reads aloud. 

They prefer religious and moral books or accounts of voyages. On 
Sundays they practise sacred music. These exercises have an excellent 
eff"ect both on the minds and manners of the prisoners. 

§ 12. The degree of illiteracy varies in the different cantons of Switzer- 
land. The official report sent to the congress from this country states 
the gene'ral average, on committal, of wholly illiterate prisoners at 17 per 
cent., and this, notwithstanding education is obligatory in Switzerland 
and in fourteen cantons is also gratuitous. These facts, taken together, 
show how prolific a source of crime ignorance is. 

Schools are organized in all the improved penitentiaries, and in many 
other establishments lessons are given by the chaplain. It even happens 
that these duties are confided to a prisoner, if he is a teacher by profes- 
sion, or if he possesses the necessary knowledge and aptitude. In peni- 
tentiary establishments in which schools are opened, all the prisoners, 
except those excused by age — above forty-five — and those subjected to 
the cellular regime^ attend lessons in classes. The prisoners receive, on 
an average, from four to five hours' schooling per week. Those who are 
in the cellular stage are visited by the instructor in their cells, and 
there commence their course of instruction. Three classes are formed 
in the best organized penitentiaries. In the lower class the elementary 
branches only are taught ; in the middle class progress is made toward 
the higher branches of study ; and in the highest class are studied 
mathematics, physics, technology, and linear drawing, so far as these 
sciences are applied to arts and trades; and even, in some cases, foreign 
languages are taught. 

The progress made differs much in the case of different prisoners. 
Many are remarkable for their zeal and ])ower of acquisition, while others 
advance but slowly. The organ of thought, little accustomed to being 
used, has lost its force. The power of memory is often wanting, and 
the result in these cases is a stupefaction, which leads to indifference. 
Still, the average progress made is highly satisfactory, especially in the 
case of juvenile delinquents. 

Libraries are found in all the prisons. In those of the cantons where 
prison discipline is little advanced, the number of books is limited, and 
works exclusively religious predominate. In the penitentiaries which 
are better organized the libraries are composed of moral and religious 
books, of works of general history and the history of Switzerland, of 
biographies, travels, ethnography, natural history, works on mechanics, 
agriculture, belles-lettres, &c. K-omances of a moral cliaracter are not 
excluded. 

The prisoners read, relatively, a great deal in the penitentiaries where 
they pass Sunday in their cells, and where they have at their disposal 
a variety of works. They generally prefer moral tales, narratives of voy- 
ages, biographies, Swiss and general history, and works of popular 
science. Reading is found to have a very beneficial effect upon the 
prisoners. It enlarges the circle of their general knowledge, and by 
fuller explanations of what they had learned iu the way of routine, it 
developes also their practical knowledge. It is by keeping their minds 



64 INTERXATIOXAL PENITENTIARY CONGRESS. 

continually occupied by labor, or by moral and intellectual recreations, 
that that self-respect is oftenest awakened in prisoners wbich con- 
stitutes the best guarantee against secret vice. These elevating and 
noble agencies calm an ardent imagination, and often put to tligli^t ideas 
inspired by base passions and by vicious and criminal sentiments. 

§ 13. The general condition of prisoners in the United States, in point 
of education, is low as compared with the whole population of the country. 
Yet it differs much in different States. In Massachusetts, for a period 
of eight years past, the statistics show very nearly one-third of all 
prisoners to be wholly illiterate ; yet in tlie highest prison, at Charles- 
town, the proportion of illiterate convicts since the beginning of 1804 
has been scarcely more than one in ten. In the Philadelphia prison, 
(eastern penitentiary,) out of 7,092 prisoners received between 1829 and 
1872, about one-fifth (1,418) were wholly illiterate, and almost a sixth 
more (1,124) could only read. In the western penitentiary of Pennsyl- 
vania, at Pittsburgh, the proportion of illiterate convicts is less, (42 in 
375, or one-ninth,) while those who can read only is still smaller (47 in 
375, or one-eighth.) In the county prisons of Pennsylvania, more than 
a third of the prisoners are illiterate, and the same is true of New 
York; but, in the large Western States of Ohio, Illinois, Michigan, and 
Wisconsin, the proportion of the illiterate is smaller, and probably does 
not exceed one-fourth. Out of 8,744 convicts received by Mr. Brock- 
way in Michigan, 2,100 were wholly illiterate; but in the Michigan 
vState-prison, only 42 out of 356, or less than one-eighth, were wholly 
illiterate, though only 28G, or three-fourths, could both read and write. 
In the Iowa state-prison, 34 out of 21G could neither read nor write ; 
in the Kansas state-prison, 61 out of 303 ; while 42 more could read 
indifferently, but not write. In California, 226 convicts in the state- 
prison out of 732 (nearly one-third) were illiterate. But when we look 
at the late slaveholding States, the proportion of illiteracy greatly in- 
creases. Of 609 convicts in Maryland, 394, or nearly three-filths, could 
neither read nor write; of 389 in North Carolina, 264, or more than two- 
thirds, can neither read nor write ; in the other fourteen Southern States 
the proportion is probably about the same. Practically, then, two-thirds 
of the prisoners in these sixteen States are illiterate, while in the rest 
of the Union something more than one-third are so, probably ; so that 
about half the 38,000 prisoners now in conhnement are practically with- 
out education, and a large proportion of the remainder possess it to only a 
very limited extent. The women in prison are not so well educated as 
tiie men, an<l the short-sentenced convicts, as a rule, not as intelligent as 
those sent to liigher prisons. 

Th(5 provision made lor the mental imi)rovcment of prisoners is better 
now in most of the States than it was a few years ago. Public attention 
has b(M'n drawn to the subject, and, in a few prisons, not only libraries 
and schools, but lectures have been establishetl, with a view to the gen- 
eial cduciition of tlui convicts and to aid in their reformalion. The 
b(^st instaiM-e of this prison instruction in the United States is ])robably 
found in the Detroit House of Corre(;tion, where a school-systt'in was 
established in IS(i9, when the number of convicts was about 3()0 ; on the 
Jst of May, 1872, it was 402, of whom 296 were men and 106 women. 
During tin* year 1871 the average number of convicts in the [)rison was 
3S5j in school 219, or nearly two-thirds of the whole number. Of this 
average, 141 were men and 78 women, the, schools being separate. In 
Ills last leport, Mr. Hrockway says : 

Tliin HVHtciii was iiitrodiici'd iuiioiif^ilio ])risoiHnH to aid (Ikmi- reformat ion, and is now 
condiiclcd for tliis |Hirpos(^; not ho niucii to relievo tin; monotony of iniprisonnient and 
to iniiiart tin,' aliility to lead, writt', and cipln r, loi- the convonlonco of tlicHo accoiii- 



SCHOLASTIC EDUCAflOX SWITZERLAND UNITED STATES. G5 

jtlishmouts, us to discipline the miud and fit it to receive aud to evolve iu the life the 
thoughts and principles that constitute their possessors good citizens. Attendance 
upon the school is made obligatory, and the intellectual tasks are required, as are the 
industrial. The sessions of the general school are two and one half hours each, on two 
evenings every week, and are for recitations chietly. The writing-school is also held 
on two evenings each week for both men aud women, aud the men's writing-class is 
followed each evening with a normal or teachers' class, iu preparation foi: the general 
school. The women associate a singing-exercise with their writiug-class on each 
evening. All prisoners wlio attend school are supplied with a light tii their cell, for 
study, aud all draw books from the library. Every Saturday, at 5 o'clock, all the 
prisoners iu the institution (numbering uow 440) assemble in the cluipel to listen to a 
lecture. This is the crowning feature of our educational effort ; during 1871 we had 
forty-six lectures — carefully-prepared, well-delivered lectures — many of which had 
been delivered to first-class audiences of citizens, aud were worthy of a place iu any 
lyceum-course. 

The followiug details, given by the teachers, are too important, as 
well as too interesting, to be omitted : 

The twenty-one classes into which the school has been divided have been taught by 
twenty-eight teachers, selected with a single exception from the prisoners themselves. 
The changes in teachers have been much less numerous than was the case in previous 
years. It has been noticed that men sentenced for considerable periods make the best 
teachers, not simply from the fact that they take a greater interest in what must 
occupy them for some time, but because they have more force of character, more deci- 
siveness. Some of the worst men, morally, have made the best teachers. From the 
monthly record of progress which has been kept, it appears that the work done by each 
of the prison classes in arithmetic, which has been the subject in reference to which 
chiefly the school has been graded, has averaged as much as that which is usually done 
by three classes of corresponding rank iu our public schools. In other words, a year 
and a half school- work in arithmetic has been done during the last forty-five evening 
sessions. 

The song of opening, the brief talk upon some scientific theme, the lessons of the 
evening, have been listened to with attention and entered upon with avidity. There 
is evidence on cA^ery hand that the school has famished the themes on which much 
thought has been bestowed iu the woi'k-shop aud in the cell. The pleasure in the 
business of the school-room, the evident delight of the men in the work assigned them, 
the progress they have made in manners and in studies, have been much greater than 
I at all anticipated. I thiuk no one before the trial would have said that men long 
unused to study, or who had never known it, working all day in the shops, with two 
evenings' instruction per week by their fellow-prisoners a little in advance of them- 
selves, would iu main studies make two or three times the progress which the pupils 
iu our public schools make under the most favorable circumstances; and yet such has 
been our constant experience. Three years ago the women's school had bat one 
teacher. There were none among the prisoners competent to assist iu the work of 
teaching. There are at this date seven regular assistants teaching quite successfully. 
They have been educated for it in the school ; and w^^hiie they are teaching others they 
receive also [>ractical instruction, not only in the lessons which they are studying, but 
in methods of teaching. The school is now very well graded and classified. Nightly 
records are made of each individual in school, and a system of monthly examinations 
aud reports is in operation, which not only tests the progress of the pupils, but meas- 
ures the success of the teachers also. Hence the new school-year of ld72 opens very 
auspiciously. 

This testimony is the more reliable, especially iu what relates to the 
comparative progress made by the prison-students and by the pupils in 
the public schools, inasmuch as Mr. Tarbell, the principal of the male 
prison-school, is also principal of one of the most important of the public 
schools of Detroit, and hence speaks with thorough knowledge of both 
classes of schools and scholars. 

Mr. Brockway makes this frank confession aud gives this sound ad- 
vice : 

In view of the benefits of the school it seems incredible that 1 conld have spent 
more riiau twenty years iu the management of prisoners, aud never, until I8iS, have 
, introduced this measure. Let me urge all who can do it thi)roughiy to put this feature 
into their nniuagement, as indispensable to satisfactory reformatory results, working 
and waiting for such changes in the law as shall enable us to carry the educatiou of 
every prisoner we receive to a point promotive of liis pecuniary piosperiti', his cousciou-* 
self-respect, aud his probity of deportment. 

H. Ex. 185— J 



QS INTERNATIONAL PENITENTIARY CONGRESS. 

General I'ilsbury, of the Albany penitentiary, the teacher of Mr. 
Brockway in general prison management and discipline, is, as regards 
penitentiary education, nobly following the example of his distinguished 
pupil. He has fitted up a large and commodious school-room, giving a 
desk to each convict-scholar, and other accommodations equal to those 
afforded in the best public schools of our large cities. The work of 
instruction is ^gorously prosecuted and is yielding satisfactory results. 

Prison-schools are organized or instruction is given at the cell- 
door in many of our state-prisons ; but it is far from being as thor- 
oughly organized or as effective as at the Detroit House of Correc- 
tion. Of the 1G,000 prisoners in the state-prisons of the Union at the 
present moment, from 4,000 to 0,000 may be receiving scanty instruction 
in schools of some sort. Of the estimated 22,000 prisoners in common 
jails and houses of correction it is safe to say that not more than 3,000 
are receiving any scholastic instruction whatever. We have already 
seen that about 20,000 of the 38,000 prisoners in the whole country are 
practically illiterate, and certainly less than 8,000 of these are under 
instruction in the prisons. Such a condition of things calls loudly for 
reform, and it is, therefore, a cheering circumstance to be able to add 
that the number of prison-schools is constantly increasing, and that 
their character improves day by day. 

The condition of penal institutions in the United States is much better 
in respect of libraries than of schools. Most of the state-prisons and 
houses of correction have libraries, some of them large and excellent. 
Probably the aggregate number of volumes in these two classes of prisons 
is 25,000. With the exception of the States in which slavery prevailed 
till within a recent period, of jirisoners confined in the state-prisons 
from eight to nine-tenths are able to read sufiliciently well to be enter- 
tained and profited by it. The taste for reading, thanks to the good 
libraries in our prisons, has become quite general with the prisoners; 
and there is a singular unanimity among the ofUcers of prisons as to 
the high advantage they derive from the indulgence of this taste. With 
one voice they bear testimony to the value of the libraries in communi- 
cating useful knowledge to the prisoners, in elevating their minds, in 
beguiling many an otherwise tedious hour, in making them cheerful and 
contented, in aifording material for profitable reflection, in supydying 
good topics for conversation with them, in improving the discipline^ 
and in constituting one of the most elfective of reformatory agencies. 

§ 14. The dei>artment of education in the English convict-prisons, in- 
cluding the care of the library and the distribution of books among the 
l>risoners, belongs to the chaplain. Jiooks are supplied to the prisoners, 
])oth of a i)ur('ly religions and of a more general character; and those 
who ai<i uncdm-ated are taught by a staff of schoolmasters at least the 
elements of reading and wiiting; those wlio liave already some knowl- 
edge have ()](|>ortiiniti('s an<l encouragement in improving themselves. 
Asa knowledge of reading and writing atfords soniuch opportunity for 
mental and moral improvement, and may have so im])ortant an elfect on 
a jjrisoner's well being in after-lii'e, gr«'at inducements are oflered to 
prisoners to exi-rt themselves to attain it, by rendering some of the sub- 
sequent pri\ih'ges they may gain conditional on their being able to read 
and vvrit(^ l''or example, no t;()n\iet can be i»romot«'d to the first class 
unless he, can read and \\iit<;; and, alter he, has been under instrnelion 
a snUieient t ime, he is «)bliged, if he, wishes to «'ii joy (he ])ri\'ilege. of com- 
iiinnicalirig Wy letter with liis friends, to <lo it himself, an<l without as- 
Kistanc<'. C)f eours<', exceptions to this rule arc made, in the case of 
men who, from age or mental in<'a|iaeity, cannot be expected to 



SCHOLASTIC EDUCATION — ENGLAND — IRELAND. 67 

acquire even the elemeuts of knowledge. Half-yearly examinations 
arc held to ascertain the progress made by each prisoner, and the result 
is, in the main, satisfactory. Of 775 prisoners discharged from the 
prisons at Chatham, Portland, and Portsmouth, the 158 who could 
neither read nor write when convicted had learned to do both while in 
prison ; and most of the remainder had made advances in the knowl- 
edge which they had previously possessed. 

Of 157,223 committed to the county and borough prii^ons of England 
in 1870, 34 per cent, could neither read nor write, and 02 per cent, could 
do one or both imperfect!}-, leaving only a residue of 4 per cent, who had 
mastered these important arts. Most or all of these prisons have schools 
and libraries. But the report submitted by the inspectors to the con- 
gress affords no information on these points beyond this naked state- 
ment. 

§ 15, Of prisoners committed to the Irish convict-prisons, 22 per cent, 
of males and 03 per cent, of females are wholly illiterate. 

Libraries exist in all the convict-prisons, but they do not appear to be 
very well provided with books, beyond those of a religious character, which 
are chiefly Bibles, prayer-books, and catechisms of the Episcopal and 
Roman Catholic churches. Schools are organized in all the prisons, and 
the work done in them is highly commended by the inspector of public 
schools.. 



CHAPTER VI. 
PRISON LABOR. 

§ 1. Penal labor, as such, does not exist in the prisons of Austria, 
although difficult and disagreeable work is sometimes awarded by way 
of disciplinary punishment. A considerable variety of trades is pursued in 
the Austrian prisons. Ko less than twenty are named, and the state- 
ment ends with an et cetera. Besides handicrafts pursued within the 
prison-walls, trustworthy prisoners who so desire are employed in open- 
air work, as farmers, gardeners, masons, bricklayers, laborers on streets 
and railways, stone-breakers, &c. Latterly prisoners sentenced by 
the higher courts are much employed in out-door work. The effect of 
this is found beneficial in two ways : 1, the prisoners so occupied, the 
greater part of whom are serving out their first sentences, are thus saved 
from the evil effects of association with other prisoners ; and, 2, their 
health is better, and hence their iiower of production while at work is 
greater. 

The system of hiring the labor of the prisoners to contractors is preferred 
in Austria, provided, always, that contractors of a suitable character 
can be found; otherwise, the prison-direction manages the labor on 
behalf of the state. The contract-system is preferred for two reasons : 
first, because it prevents loss and damage ; and, secondly, because it 
enables the officers to devote themselves entirely to what is deemed their 
proper duty, the care of the prisoners. There is, nevertheless, confessed 
to be a grave disadvantage connected with this system in the fact that 
an outside element is thus introduced among the prisoners unfavorable 
to their moral improvement. Still, it is believed that this disadvantage 
may be reduced to a minimum by a careful selection of contractors, 
foremen, and workmen. The average proportion of prisoners for the hist 
three years who were ignorant of a trade at the time of committal was, 
in the higher prisons, men, 8 per cent. ; women, 24 per cent. -, in regard 



/ 

68 INTERNATIONAL PENITENTIARY CONGRESS. 

to the other prisons, statistics are wanting. Every such prisoner learns 
a trade in prison, if he is sentenced for a sufiiciently long time. Pains 
are taken to guide the prisoner in judging of his own capability, that so 
he may learn to value it, and be thereby induced to earn an honest 
living. Thus he is taught, not only how to work, but how to estimate 
the worth of an uiiright life ; and he is quickened in his industry by 
receiving a portion of what he earns during his incarceration. 

§ 3. Ko distinction is made in the prisons of Denmark between penal 
and industrial labor. The contract-system is in use here. It is regarded 
as the best, both economically and with regard to reformatory effect. 
However,it is hedged about with the greatest care, and all intermeddling 
by contractors with the treatment of the prisoners is completely cut off. 
Labor is regarded not merely as a source of revenue, but rather as au 
essential condition of the due execution of the sentence, and as a neces- 
sary agent in the moral regeneration of the prisoner. The profit derived 
from it does not meet the current expenses of the prisons, since these, 
including the administration, amount to $70 a year j^er capita, while the 
profit of the prison labor is only about §40. 

§ 2. Penal labor, as distinguished from industrial, does not exist in 
the prisons of Belgium. The report enumerates thirty industrial occu- 
l^ations as those in which the i>risoners are engaged. The employments 
introduced into the prisons are chosen, preferably, from among those 
most likely to afford the prisoners, after liberation, the means of an 
honest livelihood. It is held in Belgium that labor ought not to be im- 
posed as a punishment, since the first necessity of man is labor, and the 
first sentiment to be developed in him is the love of labor. The liberated 
prisoner ought not to carry with him, on his discharge, the idea that 
w^ork is a i)unishment in this world, and that he has suffered it long 
enough during his imprisonment to hasten, at the hour of his deliver- 
ance, to free himself from its chains. Labor should be exhibited to him 
in tlie prison (as it is in society) as the source of the physical and moral 
elevation of man. He ought, in all things, so to identify the life of man 
with the necessity and the attraction of labor that even in captivity it 
should be still, if not the image of happiness, at least a solace attached 
to its exercise and an idea of punishment from its privation. In a word, 
if labor ought to enter as a penal element into penitentiary imprison- 
ment, it is not in the use but the privation of it. Undoubtedly, labor 
ill penitentiary imprisonment ought to be obligatory; but it ought not 
to l)e inii)osed on the i)risoner under 'the empire of constraint, but as an 
obligation to wliich his reason, his interest, his necessities, everything, 
oiigiit to urge him. I'enal labor is, therefore, repudiated in Belgium as 
inconsistent, in its very nature, with the fundamental idea of a true 
prison discipline. 

Two systems of labor are found in the Belgian prisons, namely, that 
of letting the labor to contractors and that of working it by the state. 
ICadi of thes(! systems is thought to have its special advantages and 
<lisadvantag<'S. Tiie former, it is claimed, yields the largest revenues 
and oilers facilities for diversify ijig the lalK)rof the juisonersand afford- 
ing them f)ccupations suited to their special aptitudes, while the latter 
(itlcrs certain ad\aiilages, (though it is not stated what they are,) when 
it is a f|ucstion of labor of easy execution or of the creation of products 
for tiie usti ol the administration itself, dare is taken to state in the 
r<'f)ort sent in l)y Belgium that the contractors are [)lace(l under the 
ininie<liate- supervision of the directors, a statement which is tanta- 
mount to an a<lmission that the system is extJemely o[>en to abuse, and 
n<'i ds to be guarded ;ind wjitclicd with the greatest circumspection. 



PEISON LABOR AUSTEIA BELGIUM DENMARK, ETC. 69 

Only one system of lettiug the labor prevails — tliat of awarding it to 
contractors who offer remunerative prices and adequate guarantees of 
solvency and moralit3\ All the prison-keepers are required to be arti- 
sans, and they are charged, not only with the supervision of the i)ris- 
oners belonging to their several sections, but also witii instructing the 
prisoners in the trades which they are learning. From 60 to 70 per cent, 
of the prisonei^ have no regular business or assured means of support 
when committed. It is looked upon as a point of the greatest import- 
ance to impart to them, during their imprisonment, the art of self-help 
by teaching thera some regular business and training them to the love 
of work ; the more so, as it is believed that ignorance of a business 
and aversion to labor are among the chief causes which impel men to 
the commission of crimes against property. Hence special effort is made 
to give to the prisoner a clear perception and strong realization of the 
necessity of mastering a business while undergoing his punishment, so 
that, after his release, he may be able to work for his food, his bed, 
his clothing — in a word, to assure the satisfaction of his essential 
wants. 

§ 4. In the prisons of France there is no x^eual labor, as that expres- 
sion is commonly understood. The penal system is no longer founded, 
as formerly, on suffering and terror. Corporal punishments have dis- 
appeared from it. What is desired at present is to punish the criminal; 
what is sought as the end of that punishment is his reformation. There- 
fore, industrial labor alone is found in the prisons, obligatory in the 
case of those under sentence, permitted in the case of the arrested and 
the accused. It is thereby sought to prevent the dangers of idleness 
and to form the taste and the habit of labor. In the smaller prisons 
there i« difficulty in organizing the labor. In the central prisons the 
labor is thoroughly organized ; if any are without occupation, it is the 
exception, and not the rule. Large industrial workshops in these estab- 
lishments continually present a scene of busy toil. Different industries, 
to the number of fifty or sixty, have been introduced into the male cen- 
tral prisons. The principal are shoe-making, the manufacture of hosiery, 
weaving, button-making, cabinet-work, lock-smithing, the manufacture 
of hardware, tanning, &c. There are, besides, three establishments 
in Corsica and one in Belle Isle, in which the prisoners are engaged 
in agricultural labors. Sewing, which can be applied to very different 
kinds of work, is almost the only industry pursued in the female cen- 
tral prisons. Piece-work is the general rule. With a view to avoid the 
competition of prison labor with free labor, the rates of payment for the 
work done have to be studied and regulated by the administration, 
which carefully considers before-hand the different interests involved. 
The rates must be the same as those paid to free industry for the same 
kinds of labor. 

The contract system of labor prevails in most of the prisons of France, 
and is the one to which the administration gives its j)reference. 

Of the men committed to the central prisons, 5 per cent, had no reg- 
ular calling or business i:)rior to commitment ; of the women, 12 per 
cent. Evidently this cannot mean that so large a proportion had 
learned trades and become artisans. The administration exerts itself, 
as far as possible, to cause to be taught to the prisoners previously 
without a regular business some calling which will enable them after 
liberation to gain an honest living. 

§ 5. Germany reports : There is no merely penal labor in the prisons of 
any of the German states. 

(1.) In the Grand Duchy of Baden, the labor of the prisoners is not let 



70 'international penitentiary congress. 

lb 

to contractors, but is managed by tlie administration itself. This sys- 
tem is preferred because it enables the authorities to observe the state 
of each prisoner and to exclude all outside elements prejudicial to dis- 
cipline and reformation. It is sought to introduce variety of trades, so 
tliat too many may not be employed on any one to the injury of private 
industry. An extensive market and the highest prices are sought. 

Forty per cent, of the jn-isoners are ignorant of a trade on entry. To 
impart to these a trade and the power of self help, if they have the 
requisite ability and stay long enough in prison, is the principal work. 
This result is arrived at by improving the prisoner's morals, by scholas- 
tic and industrial instruction, and by the whole prison treatment. 

(2) The several industries in the Bavarian prisons are conducted by 
their respective administrations. When prison-labor is given to con- 
tractors, another authority is placed between the administration and 
the prisoner, which cares only for making the greatest profit out of 
the prisoner's work.' Not only is discipline thereby interfered with; but 
the character of the iiunishment is changed and its purpose is placed in 
jeopardy. From the disciplinary and penitentiary ])oiut of xiew, the 
giving of prison labor to contractors is condemned in Bavaria, even 
though the profit derived therefrom maj- be greater than if the adminis- 
tration carried it on. 

■ The i)roportiou of prisoners who, on entering prison, are ignorant of a 
trade is 29 per cent. It is made a special ol)ject to impart a trade — and 
so to teach the art of self-help — to all j>risoners who have the necessary 
capabilities and whose terms of sentence are long enough to permit it. 

(3) In the i)risons of Prussia more than fifty diftereut trades are car- 
ried on by the men and ten by the women; a portion of the male pris- 
oners are also occupied in farm-work. 

The plan commonly adopted in the i)risous of utilizing the labor of 
the convicts is that of letting it to contractors; what work shall be 
given to contractors is settled by the administration. It has absolute 
control in the selection of prisoners for the performance of the work and 
over its execution. It is deemed important to have such a number and 
variety of trades that, in allotting prisoners their work, due regard may 
be had to their trades before admission and also to their capacity. Each 
particular branch of industrial labor is, by the regulations, given to one 
contractor; the system of "general contracts'' lias no existence in Prus- 
sia. The contracts are so made as to exclude all direct relation between 
the prisoner and the contractor. It is conceded that the state loses 
financially by this system, but is claimed that it simi)lities the adminis- 
tration. 

About /i per cent, of the inmates have knowledge of some trade on 
entry. As it is considered highly important for a prisoner during his 
imprisonmont to Icaiii how to lielp himself on his liberation, it is made 
a spj'ciiil object to teach hitn a trade, if he had not learned one before. 
In addition to scliool instruction and ai)prenticeshii) to a trade, he is 
bound, in order to learn tlie art of self-help, to keep himself strictly 
clean, take due e;ii<'. of his clothes, see to the cleanliness Of his cell and 
all utensils, and lo the ])i'o]>er oi'der of his bed. 

(1) Saxony, om- of Hk^ most industrial (;ountiies, i)roduces in her i)ris- 
ons almost all the, din'erent articles of industry and trade. 'J'he work is 
]»artly given to contractors, avIio are entirely dependent on the adminis- 
tration of the ]>enitentiary, and is ]>artly managed by the latter itself on 
its own a(;count. The system of giving the work to contractors, who 
are in entire dependence on the administration, has the preference, be- 
cause, as it is thought, the oflieeis camiot be at the same time good 



PRISON LABOR GERMANY ITALY MEXICO, ETC. 71 

tradesmen and good officers, and because the interests of the two would 
be opposed and conflictiug. The profits of the prisoners' worlc cover 
from about one-third to one-half of all the prison expenses. 

(5) Besides the necessary work done for the prison itself, there are 
carried on in the prisons of Wiirtemberg some fifteen to twenty different 
trades by the men, and eight or ten by the women. Both industrial sys- 
tems find place — that of letting the labor to contractors and that of 
directing it by the administration. The opinion is held that preference 
should be given to the one or the other, according to the nature of the 
work. 

More than half the prisoners, when received, have a knowledge of 
some trade. As far as possible, the prisoner is put at the same trade in 
l)rison at which he worked before, or he is taught some other, selected by 
himself, of those carried on in the prison. The same is true of those 
who had not learned a trade before their imprisonment. 

§ 0. In the penitentiary system of Italy there is no labor bearing an 
exclusively penal character. It is sought to give to the industrial edu- 
cation of the prisoners the turn which seems best suited to them, and 
to impart the trade most easily mastered. Labor has no other aim in 
the Italian prisons than to overcome the natural propensity to idleness 
in the criminal, to accustom him to a life of activity and hardshix), 
and to giv^e him the means of obtaining an honorable livelihood. 

The industrial arts mostly practised in the penitentiaries are those of 
the shoemaker, carpenter, blacksmith, and weaver, and in the bagnios 
the prisoners are made agriculturists, laborers in the salt-deposits, and 
workers in cotton, hemp, &c. Until 1808, the industries of the prisons 
were managed by the administration. Since that time, as an experi- 
ment, the contract-system has been introduced into eleven prisons. 
The question, Which is the best of these two systems? is so compli- 
cated and difficult that the administration is unwilling to pronounce 
an opinion till it has made further trial of each. 

§ 7. Penal labor does not exist in Mexico. The sentiment of the com- 
missioners who prepared the report for the congress is opposed to such 
labor, first, because it does not contribute to the moral improvement of 
the prisoners ; and, secondly, because, to render it effectual, it would 
be necessary to use actual violence, which always humiliates and de- 
grades those who suffer it. 

The contract-system is not found in the prisons of Mexico. 

It is considered very important that during their confinement prisoners 
should learn some trade that may enable them to earn their livelihood, 
as the chief reason why they relapse into crime is that, after they have 
served their time, they do not find any work ; and the want of this re- 
duces them to miserj^ and leads them to commit fresh offenses. 

§ 8. In the penitentiary establishments of the Netherlands unpro- 
ductive or merely penal labor is unknown. Industrial labor, the only 
kind in use, is everywhere directed by the administration. But both 
systems of labor, the contract-system and the system by which the labor 
is utilized on account of the state, have place. 

Taking the whole country together, it is believed that about one in 
four will correctly represent the proportion of prisoners without a trade 
at the time of commitment. It is regarded as a matter of the highest 
importance to impart to prisoners during their incarceration the power 
of self-help, and this result is diligently sought by teaching them, to 
the utmost extent possible, some useful calling. 

§ 9. Industrial labor alone is pursued in the prisons of Norway, and 
it is managed exclusively by the administration. Many prisoners learn 



72 INTERNATIONAL PENITENTIARY CONGRESS. 

a trade while in prison. Eflort is made to train them to liabitvS of in- 
dustry, and it is constantly set before them that, of all the causes of 
crime, idleness is one of the most prolific. 

§ 10. In Russia, a marked difference between different kinds of labor 
is beginning to show itself. Industrial work, which scarcely existed in. 
times past, is now making great i^rogress, owing to the advantages it 
offers to the prisoner, who sees that he can thereby best escape relapse. 
Penal labor alone cannot, it is held in liussia, have a beneficial influ- 
ence. This is clearly proved in Siberia, where the number of escapes is 
counted by thousands. An intense hatred of the authorities and a strong 
desire of vengeance are the result when penal is not accompanied by 
industrial labor, which latter is the sole means of reformation. Industrial 
labor has produced good results in Eussia oidy when let to contractors. 
It is now a question whether penal labor shall npt be let in the same way. 
It is held that the administration shou-ld not interfere with its direct 
duties by the care of commercial undertakings. 

A thoroughly organized bureau of statistics has but just been estab- 
lished by the ministry of justice. It is therefore impossible at present 
to give the exact proportion of prisoners who are without a trade when 
committed 5 but it is certainly more than one-half. To impart the 
knowledge of a trade to prisoner ignorant of such knowledge is a 
special point in the reforms now projected. To give him the power of 
self-help is regarded as of the very highest importance, since peniten- 
tiary science, in its whole scope and essence, is but a struggle against 
the tendency to relapse. 

§ 11. There is no penal labor in the prisons of Sweden as contradis- 
tinguished from that which is industrial. In the associate i)risons for 
men, most of the prisoners are occupied in cutting granite for build- 
ings, for pavements, &c. In one prison a part of the inmates are en- 
gaged in cutting up pine-wood for matches, another part in making 
fine joiners' work. In still other prisons, linen and woolen cloths and 
blankets are manufactured, as well as all the garments and bedding for 
the prisoners and a part of the clothing for the army. The women are 
engaged in making textile fabrics, in all sorts of sewing and binding, in 
glove-m.iking, &c. In the cellular ymsons various kinds of laborare per- 
formed bj^ the men, such as tailoring, shoe-making, joiners' work, &c. ; 
and by the women, weaving, sewing, knitting stockings, &c. Kecently 
the manufacture of match-boxes has been their j)rincipal employment, 
industrial labor has the elfcct to give the prisoners habits of order and 
diligence, arul to render the violent more tractable. 

All the industrial labor in the associate<l prisons is let to contract- 
ors, excei>t what is done for the prisons themselves. Nevertheless, the 
opinion is hehl that, to secure the best results in respect of moral 
reformation, all the industries should be under the direction and control 
of the ])ris()n admiiiistration its(^lf, and not tiiat of contractors. 

In Sweden the inhabitants of the towns form oidy 12 per cent, of the 
total pojMihition. Jn the country men aie cliietly farm-laborers or 
miners. Tiic conscciuciice is tiiat only a small ])roi)ortion of prisoners 
had leariKMl a tiMdc juior to their committal — not more, indeed, tlian 10 
per cent. To jiut the prisoner in ])oss('ssi(m of a ti'ade, by which he 
may earn an iioncst Ii\ ing after his rch'ase, sp<^cial trade-masters, dur- 
ing recont years, hav(^ Ix'cn employed to give tlie nec(%ssary instructions 
in the c<rlhilar prisons. J*'ui(her measures in this direction Avill be 
adoj)ted ;it an eaily <lay. It is in contemplation to grant the greater 
I)art of Ills e;(i-nings to every prisoner who, while in prison, has learned 



PRISON LABOR NORWAY PRUSSIA SWEDEN, ETC. id 

and worked at a trade capable of supporting biui. It is believed that 
this plan will be effective iu the reformation of numbers of criminals. 

§ 12. The distinction between penal and industrial labor is made iu 
the Swiss prisons by law only in the cantons where there still exists the 
system of the old hard-labor prisons, in which a certain class of prisoners 
are subjected to public labor, viz, iu sweeping the streets, making roads, 
diking rivers, &c. This distinction is not made in the prisons in which 
the reformation of the prisoner is proposed as the end. From twenty to 
thirty of the more common and more useful trades are taught iu the 
Swiss prisons. 

Industrial labor in the prisons of Switzerland is managed by the 
administration itself. The attempts which have been made in some 
prisons to let the labor to contractors for a fixed daily sum have been 
very speedily abandoned. Orders are received iu the penitentiaries. 
The raw material is furnished by the administration or by those who 
order the work ; the tools belong to the establishment. The keepers, 
who act at the same time as foremen, superintend the work and calcu- 
late the value of the workmanship and of the raw material employed. 
Account is taken iu this calculation of the prices-current. Everywhere 
they endeavor to deliver merchandise carefully manufactured ; and thus, 
as a general thing, the industrial products of prisons are in good repute. 
Preference is given in the modern penitentiaries to the management of 
the administration over that of contractors in the interest of peniten-^ 
tiary training. The administration, being supreme, can introduce a 
greater variety of industries, and suit to these latter the different apti- 
tudes presented by the prisoners. The consequence of the distributiou 
of the prisoners on a larger number of industries is that each branch is 
restricted to a relatively small number of workmen, and hence free labor 
has no occasion to fear an injurious competition. The endeavor is made 
to create a demand for the products of prison labor rather by the excel- 
lence and solidity of the manufacture than by the cheapness of the 
price. Were it otherwise, the penitentiaries, which ought to be at the 
same time industrial schools, would be turned aside from their proper 
end. In Switzerland it is found that penitentiary training is incom- 
patible with the system of letting the labor of the prisoners to contractors. 
It is the administration alone that can feel an interest iu teaching a 
trade to every prisoner during his stay in prison, so that at the time of 
his liberation he may be independent and able to gain au honest living. 

The number of prisoners not having a regular business at the time 
of their commitment is relatively considerable. Nevertheless, the ten- 
dency is shown to be toward a diminution, if comparison is made between 
the results of statistics for the last twenty years in the penitentiary of 
St. Gall. This belongs evidently to the progress of civilization. 

Of criminals committed to the Swiss prisons, about 50 per cent, make 
no claim to have learned a trade ; and, of the 50 per cent, who do so claim, 
there is scarcely a fourth part who can produce a respectable piece of 
workmanship. These facts clearly show that the want of a trade is not 
without its influence in the law which controls the causes of crime. 
Hence it is sought iu all the peniteutiaries — particularly in those more 
recently built and organized upon a rational plan — to give a trade to the 
prisoners, and above all to juvenile delinquents, who have to undergo 
an imprisonment of one or several years. In all the peniteutiaries 
it has been remarked that numbers of the prisoners acquire in a 
short time the ability to do that which free workmen would be able to 
execute only after a long apprenticeship. Apprenticeship to a trade 
which requires a certain degree of intelligence, and is, at the same time,. 



74 INTERNATIONAL PENITENTIARY CONGRESS. 

to the taste of the prisoner, is one of the principal agencies in reforming 
him. Without industrial labor of this kiud, no satisfactory result can 
be expected from a penitentiary system, and relapses ^Yill be inevitable. 
A trade learned in the establishment is held to be worth more, as re- 
gards the support and succor of the prisoners, than a patronage society. 
It is well understood in the cantons somewhat advanced in i)enitentiary 
science that it is important, in order to prevent relapses, not only to 
make the prisoner an able workman, but also to teach him during his 
incarceration to help himself. In this view, there have been introduced 
in most of the prison regulations arrangements by which zeal and dili- 
gence in labor and the habit of saving are stimulated. The scale of the 
])€culium rises in many of the establishments with the augmentation ot 
labor. In the better organized penitentiaries the further effort is made 
to attain this result by a careful apprenticeship to the trade chosen by 
the prisoner, by making him acquainted with the nature of raw mate- 
rials, the places from which they are obtained, and their market value ; 
also, with the tools and machines employed, the price-current of the 
articles manufactured, and the manner of calculating the value of 
the workmanship. The prisoners are more or less associated with 
the administration through their industrial labors. If by their good 
conduct and their aptitudes they come at length to deserve the 
necessary degree of confidence, they are called to fnltill the functions of 
foremen. There is thus afforded to every prisoner the opportunity of 
developing and manifesting his power of initiative. Technical works 
and journals are placed in the hands of the workmen on different 
branches of industry. Writings of the character of Franklin's Poor 
Eichard afford material assistance in this system of penitentiary educa- 
tion. 

§ 13. All the labor done in American prisons from which revenue is 
derived is of the kind known as industrial, in contradistinction from 
penal, which does not exist among us. But there is scarcely any kind 
of industrial labor which does not find a place in the prisons of the 
United States. In Alabama and Texas the convicts build railroads, in 
Mississippi they raise cotton, in Tennessee and New York they work 
mines ; in many of the States they cultivate gardens or do farm-work. 
But the prison employments are generally mechanical, and especially 
deal with work in wood, leather, and the Tuetals, though stone- work is 
also done on a large scale where prisons are building. This was formerly 
so common an occupation for American convicts that "hammering 
stone" becameacommontermfor imprisonment. Quarrying stone for sale 
or for making (piicklime is much ]>ractised in the great prisons of Joliet 
(Illinois,) and Sing-Sing (New York,) the largest in the country. At 
the Auburn ])rison, agricultural tools are extensively manufactured ; in 
the (Jliio stato-i)rison nuiiiy convicts are employed as saddlers, wheel- 
wrights, and blacksmiths; in the cellular prison at Thiladelphia, (the 
eastern ])enitcntiary,) the ern])l()yments, being pursued in the cells, are 
maiidy sedentary, such as shoemaking, weaving, and the ligliter kinds 
of wood-work ; in Massac^husetts ornamental iron-work, brushmaking, 
shoemaking, and sewing by means of the sewing-imu^hine are common 
prison employnnuits. In tlio Maine state-prison, the warden, being a 
carriagcMMiikcr, has introdiKH'd that branch of industry; in the prison 
of Northern New ^'o^k, at Danncniora, a, grcMit iron min<>, furnishes ore, 
whi(;h is sinclte*!, Corgcd, and wrought into nails by the (convicts ; in the 
Mi(;hig;in state prison, at one time, tanning hiatinu- was largely prac- 
tised ; in the Detroit House of <l()ri<>ction chair-making has been the 



PRISON LABOR UNITED STATEtS ENGLAND IRELAND. 75 

thief industry. In fact, there is scarcely any mechanical occupation 
that has uot been carried on in some one or more of our prisons. 

In general, the labor of the convicts is hired by contractors at a fixed 
sum per dciy, and this varies from a few cents to something above a 
dollar a day, the highest contract wages being paid at the Massachusetts 
prison. In a few of the prisons, perhaps a tenth part of the whole 
number, the whole prison labor is managed by the prison administra- 
tion, and in nearly all vsome part of the labor is so managed, especially 
where the building or enlarging of the prison is going on. It requires 
great skill and business capacity in the head of a prison to manage its 
industries, and for this reason such management is extremely liable to 
failure. On the other hand, the contract system often introduces moral 
and financial corruption, injures discipline, and demoralizes the convicts. 

A few years ago the expenses of nearly all our state-prisons exceeded 
their earnings f but a change has been going on in this respect, and 
there is now fully a fourth part of them that earn more than they expend. 
Every one of the six ISTew England States reports a profit from its state- 
prison, ranging from $20,000 a year in Massachusetts to $1,200 in 
Connecticut ; and the excess of earnings over expenses in the six prisons 
(containing an average of some 1,100 convicts) was last year above 
$39,000. With a smaller number of convicts than this, Ohio shows an 
excess of earnings amounting to more than $40,000. Under skillful and 
honest management, all our state-prison convicts might perhaps earn 
their own support and $30 a year besides ; but two-thirds of them, and 
perhaps three-fourths, fall far short of this. In the eastern peniten- 
tiary, of Philadelphia, with about 600 convicts, the annual deficit, in- 
cluding oflBcers' salaries, is nearly $60,000, or $100 for each convict; in 
the three great prisons of New York it averages more than $50 for each 
convict; in Maryland it is about $30 for each convict, and so on. In the 
county and district prisons very few of the convicts support themselves 
by their labor, but the Boston House of Correction, the Rochester Peni- 
tentiary, the Albany Penitentiary and the Detroit House of Correction 
are self-sustaining, and the two last-named prisons earn each a consider- 
able surplus every year. The net cost of supporting all the prisons 
above their earnings must be nearly $3,000,000 a year for the whole 
country, since there are 38,000 prisoners, and the average annual cost 
of each one abo^se his earnings cannot well be less than $80. 

§ 14. Penal labor, except so far as oakum-picking may belong to that 
category, is not used in the convict-prisons of England. It has for 
many years been an established principle in English convict-prisons to 
endeavor to instil into the convicts habits of industry, to develop their 
intelligence by employing them on industrial labor, and to facilitate 
their entering the ranks of honest industry on their discharge, by giv- 
ing them facilities for acquiring a knowledge of trades. These objects 
are fortunately conducive to another very desirable result, viz., that of 
making the prisons self-supporting in various degrees ; some of them 
doing an amount of labor the value of which more than covers the cost 
of their maintenance. 

The gross cost for maintaining the convict establishments in England 
during the financial year 1871 was £313,633, and in the same period 
the earnings of the convicts amounted to £228,244, or £22 19s. i^d. per 
head on the average number. The net cost of the prisons, after deduct- 
ing the value of the prisoners' labor, amounts only to £85,389, or £8 10*. 
per head. 

The contract system is not in existence in the English convict-prisons, 
the industries being managed wholly by the administration. 



76 INTERNATIONAL PENITENTIARY CONGRESS. 

lu the county and borougb prisons, great prominence, as a rule, is 
given to penal labor, such as the tread-inill, crank, shot-drill, oakuni- 
picking, stone-breaking, &c. In a few, industrial labor is well organized, 
and its products go far towards defraying the ordinary expenses of the 
establishments; but in general the earnings of prison labor are exceed- 
ingly moderate. 

§ lo. The labor-system in the Irish convict prisons is substantially the 
same as that in the English prisons of the same class, except that at the 
intermediate prison at Lusk, to which there is nothing corresponding 
in the English convict system, the men are mostly engaged in farm- 
work. 



CHAPTER VII. 

SANITARY CONDITION OF PRISONS. 

§ 1. The system of drainage in the Austrian prisons leaves little to 
be desired. The water-supply is reported as always sufficient in quan- 
tity, and for the most part good in quality. In the southern provinces, 
during the hot season, as the water in many prisons is supplied from 
cisterns, it is not as good as might be wished. In such prisons a modi- 
cum of vinegar is sui)plied to the prisoners, to be mixed with the water. 
Most of the prisons are well ventilated. The cells are thoroughly 
cleansed and painted every year. The corridors are cleaned daily and 
the floors scrubbed with sand and water at least once a month. The 
cleansing and disinfecting of water-closets take place every day. Per- 
sonal cleanliness is rigorously exacted. The body linen is changed 
weekly and the bed linen monthly. The prisoners must take at least 
four baths a year. The collective prisons are furnished with portable 
water-closets ; the cellular have in each cell a fixed closet, which stands 
under a ventilator reaching to the roof. The dormitories and cells are 
lighted by gas or oil, mostly the latter. The heating of the-prisons is 
done partly by iron stoves, partly by hot air, with necessary precautions 
for keeping a sufficient quantity of moisture in the atmosphere. The 
bedsteads are generally of wood ; iu some cases, however, of iron. 
The bed is of straw, with pillow of the same or of African forest hair; 
two sheets, and one or two blankets, according to the season. The bed 
for the sick is the same, but the linen is finer, and it has a cotton cover- 
let. i«Iine hours are given to sleep. The remaining fifteen are divided 
thus: Keligious services, one and one-half hours; meals, exercise, and 
rest, two and one-half hours ; labor, ten and one-half to eleven hours ; at- 
teiMlance at school, (which is taken out of the hours for labor for those 
who frequent the lessons,) two hours. tSick ])risoners are placed in the 
iiifirniaiy or hospital, and cared for according to the doctor's orders by 
nurses taken from among the prisoners who show themselves worthy of 
such confidence; but tlios<^ prisoners who have only slight ailments are 
tr(!ated in tlieir rooms or cells. Insane prisoners are taken to the public 
Innatie, asylum. The diseases most fre<iuent ai'o those of the respira- 
tory and digestive organs and of the skin and cellular textures. The 
average nuudier of sick during the years ISTO and 1871 did not vary 
much from (J per cent. The, death-i-at*'. in ]»risons lor sentences ex- 
ceeding a year Wiis .'{A p<'r e^'ut., while in prisons to which the sen- 
tences w<!re foi' less lliait :i year, it scarcely exceeded one-half of one 
I)er cent. 

§ 15. The sanitary state of the Belgian i)risous is reported good. The 



PRISON LABOR AUSTRIA BELGIUM 77 

drains for waste-water and night-soil are cleansed every week by a 
strong current of water rushing through them, so that no emanations 
dangerous to health can ever issue tlierefrom. Water is furnished in 
amplest supply and of good quality. 

The ventilation and heating of the cells are eifected in the following 
manner : The apparatus for heating is placed in the cellar. The fire is 
made in the center of a double cylinder filled with water, which forms 
the boilers for its propulsion. From the upper part of each of these 
boilers two perpendicular pipes ascend into the principal ventilating 
conduits, and conduct the hot water directly into a special reservoir 
placed in the draught-chimney, appropriated to each apparatus. Thi« res- 
ervoir is fed by six pipes, which traverse horizontally each range of 
cells, returning afterward, by the same passage, to the principal appa- 
ratus. Two pipes, filled with hot water, thus pass into all the cells. 
They are placed in a horizontal conduit running along the floor, close 
to the exterior wail. These conduits, covered with a plate of perfo- 
rated iron, form for each cell a little reservoir of heat. Thus the ca- 
loric is utilized just where its action is required, since it is precisely in 
the cells that it diseugages itself, supplying each with an equal quan- 
tity. Its center of radiation is in the cell itself. Let us examine now the 
mode of introducing fresh air. This introduction is twofold. In the first 
place, there is inserted in the window a ventilator of 30 centimeters 
(about 12 inches) in height and 44 centimeters (equal to 17^ inches) in 
breadth, through which the fresh air is introduced directly into the 
cell, without having come in contact with the heat-pipes. Secondly, at 
one of the extremities of the iron plate which covers the conduits from 
the hot-air furnace is left an opening, which allows the heat to circulate 
in the cells. The opposite side of the plate corresponds to an opening 
made in the thickness of the exterior wall, by which the pure air from 
outside penetrates into the reservoir, and so into the cells. A valve is 
fitted to this last opening, by which the prisoner can regulate the intro- 
duction of air, and by the same means can increase or diminish the 
heat of the cell. Let it be carefully noted that the reservoir of which 
we have just spoken, as well as the introduction of fresh air, is on a 
level with the floor. The vitiated air is drawn oft" by a conduit placed 
in the thickness of the wall on the opposite side from that on which air 
and heat enter. This conduit, at its upper extremity, leads into a great 
l)ipe, which runs horizontally under the roof, discharging its contents into 
a vertical chimney, at the bottom of which is situated the reservoir 
which receives the hot water of the furnace, whose smoke-pipe also tra- 
verses the chimney. This system of ventilation works naturally and 
without mechanism of any kind. An active ventilation incessantly pu- 
rifies the diiferent parts of the penitentiary establishment, throughout 
which there is always difl'used a fresh and agreeable atmosphere. A 
cleanliness the most minute is continually maintained. The dailj' clean- 
ing of the premises, the varnishing of the pavement of the cells bj' 
means of a special process, and the waxing of the floors and the pave- 
ments of the galleries have made it possible to give up washing with 
water, wdiich is attended with great inconvenience. The walls of the 
cells, galleries, &c., are washed of a stone-color at the beginning of 
every year, and partially whenever it becomes necessary to remove 
spots or stains. No deposit of dirt or dung is allowed within the in- 
ciosure of the establishment, and all necessary measures are taken to 
have the rain-water speedily carried off from the premises. In summer, 
fumigations are made every morning. They are less necessary rn winter, 
and are, consequently, less frequent during that season of the year. 



78 INTERNATIONAL PENITENTIARY CONGRESS. 

To iDsnre personal cleanliness on the part of the prisoners the hair is 
required to be kept short ; whiskers, mustache, &c., are forbidden. 
The men are shaved twice each week. The prisoners are required to 
wash their feet once a week. Every two months in winter, and once a 
month in summer, they are required to take a full bath. The body linen 
is changed every week. 

As regards the arrangement of the water-closets, two good systems 
are in use — movable vessels and fixed seats, with a pressure of water. 
The cells are lighted with gas ; two stop-cocks are fitted to the lighting 
apparatus — one in the cell, under the control of the prisoner; the other 
on t\fe outside, under the control of the keeper. 

The use of the hammock has been given up, having- been replaced in 
the cellular prisons by an iron table-bedstead. This bedstead is folded 
up during the day, contains the bedding, and serves as a table. The 
bedding consists of a mattress, a bolster, two cases for the mattress, 
two bolster- cases, two a\ oolen blankets, and two pairs of sheets. The 
mattress and the bolster are made of sea-weed. 

The infirmary occupies a part of the building at some distance from 
the- cells, and the sick are distributed into spacious cells, well aired and 
comfortably warmed. These cells have a capacity of 40 cubic meters, 
and are provided with the necessary furniture and with clothing suited 
to the condition of the sick. The dietary is regulated according to a 
special tariff. The hygienic service leaves nothing to be desired. A 
cleanliness the most minute, a ventilation active and continual, frequent 
fumigations, the change of linen and of bedding — in a word, all desira- 
ble attentions are accorded to the sick. Independently of the assidu- 
ous attentions of which the sick are made the object, they are regularly 
visited, at least once an hour, and can, at anytime, call upon the nurses 
by meaus of a signal, whose movement reaches to each bed. Prisoners 
seriously sick have watchers, and all the necessary measures are taken 
that they receive the attentions required by their situation. 

The proportion of the sick for all the prisons of the kingdom is 2.74 
per cent. ; the average death-rate is 1.77 per cent. 

§3. The food given to the prisoners in the penitentiaries of Denmark 
is healthy, clean, and sufficient, but i)lain. Dinner is the principal 
meal. The prisons are dry and airy, and in no private house is greater 
cleanliness found. During the last three years, the proportion of sick 
prisoners has been : Men, 2.11 per cent ; women, 2.13. During the same 
period, the death-rate on the total average number of prisoners was: 
Men, 1.75; women, 1.70. 

§ 4. The central administration of France attaches great importance 
to the hygiene of the prisons, and it takes special pains to free them 
from every cause of humidity. Even where the buildings which serve 
for iuiprisoiimeut are not its own property, it reserves to itself an abso- 
lute right of control, as well as of preliminary approval, of all construc- 
tions and i('p;iirs Jippertaining to them. It has the power to insure, 
and it do<'S insurer encctively, that sanitary precautions are never neg- 
lected. Water is siqiplicd in abundiince, and, for the most part, of 
excellent ([uality. 'J'Im; ventilation of tin' i)ris(»ns is made the object of 
a very speiMal attention, and is eU'ected by means of diaught chimneys, 
whieli cause the nii;isms to esciipe ;md fiicilitate the reiu'wal of the aii'. 
^J'o insute, cleanliness in the prison buildings, the regulations ])rescribe 
that the Moors of the sevia-al stories, especially for {ipaituu'uts in com- 
mon, except the inlirmary, be, as fiir as i)ossibIe, <'overed with cement 
or Httu;co,' in j)r<'fereiice to lliigging, tiles, or i)l;inks. The walls and 
ceilings ai-e re<|uire<l to be carefully plastered ;ind painted with oil, or 



PRISON HYGIENE DENMARK FRANCE BADEN. 79 

at least waslied with lime. These precautions, whose aim is to facili- 
tate the maiutenauee of cleanliness, are completed by official measures, 
whose daily or i^eriodical exaction is placed in charge of the contractor 
of each establishment where the industries are managed by contract. 
These measures are specified in the contract. They consist principally 
in frequent and repeated sweepings, washings, and cleanings, as well 
as in fumigations and in the annual whitewashing of all the buildings. 

The means of securing the personal cleanliness of the i^risoners are 
of two kinds. The one, as the daily toilet, the bath, the washing of 
the feet, and the removal of the beard and long hair of the men, is ap- 
plied directly to the individual. The other has for its object the linen 
and the clothing provided for the prisoners' use. They are both as ex- 
tensive as i^ossible, and are made the subject of numerous and detailed 
rules in the conditions of the contract and the regulations of the prisons. 
The position and structure of the water-closets are made a constant 
study of the administration, and improvements are gradually intro- 
duced wherever it is iiracticable. The prisons are generally lighted 
with oil, though in some cases with gas. They are commonly heated 
by stoves ; some by hot-air furnaces ; but these latter have not proved 
a great success. Iron bedsteads having been found preferable to all 
others, they are the only kind now purchased for the prisons of France. 
The old wooden bedsteads are fast disappearing, and will soon become 
a thing of the past. The complete bed of each able-bodied prisoner 
consists of an iron bedstead, a mattress or jiaillasse, (the former in all 
central prisons,) a bolster, two sheets, and one coverlet in summer and 
two in winter. The beds for the sick are larger and of better quality, 
and are provided each with a pillow and curtains. They have also both 
a mattress and a i^aillasse. As a general rule, twelve to thirteen hours 
are given to labor, (the number cannot exceed that exacted of free la- 
borers ;) two to two and one-half to meals and exercise in the open air ; 
and nine to sleep. In the great prisons sick prisoners are treated in 
the establishment, whatever may be the nature or gravity of their dis- 
ease. In the minor departmental establishments, the trivial cases are 
treated in the prison itself; the more serious ones, in the hospital of 
the place where they are situated. The sanitary system of the central 
prisons is organized in a manner the most complete. A physician, often 
resident in the establishment, is attached to each. The infirmaries are 
arranged in the best possible manner. A special dietary is accorded to 
the sick, agreeably to the prescriptions of the physician and the condi- 
tions of the contract. A dispensary, i)rovided with all necessary medi- 
cines, is organized in each central iHnson, and an apothecary is charged 
with preparing the prescriptions. Affections of the digestive and res- 
piratory organs and fevers furnish half — often two-thirds — of the in- 
mates in the prison-hospitals. Imprisonment very generally produces 
a lack of blood, which favors the development or increases the gravity 
of certain diseases, such as consumption and scrofula. The average 
number of prisoners in the hospitals of the central prisons was, in 1868, 
4 per cent, of men and 5 of women. The average death-rate in the 
same class of jjrisons in the same year was : Men 3.05 per cent. ; women, 
3.80. 

§ 5. The five German states represented in the congress reply as fol- 
low^s : 

(1) The prisons of Baden are represented as healthy, being commonly 
built on a dry soil ; but they have no special system of sewerage. 
Water is furnished in sufiQcient quantity and of good quality. The ven- 
tilation is reported good. The cells and corridors are cleaned daily. 



80 INTERNATIONAL PENITENTIARY CONGRESS. 

Scrupulous atteution is everywhere given to cleanliness, iusomuch that 
trades inconsistent with it are not practised. The prisoners have always 
a full supply of water in their cells. On entrance, each prisoner is 
washed in his w^hole person and has his hair cut. The daily ablution 
of hands and face is required, and every one must have twelve foot- 
baths and four baths of the entire person per year. They have clean 
linen weekly, and their outer garments and bed-clothes are washed as 
often as may be found necessary. They are shaved every week, and 
their hair is cut as often as needful. They must wash all vessels imme- 
diately after using them, and the floors of their cells are scrubbed at 
least once every week. The cells are lighted with gas. The prisons are 
heated in a variety of ways : by hot air, by steam, or by stoves of iron or 
earthenware. Each jmsoner has a wooden or iron bedstead ; a mattress, 
of straw, sedge, or varec ; a bolster, of the latter substance ; two sheets; 
and one or two counterpanes. The sick have, in addition, cushions, &c. 
The general distribution of time, without minute accuracy, is ten hours 
for work, nine and one-half for sleep, and the remaining four and one-half 
for meals, exercise, religious services, and school. The sick are cared 
for in special cells, or in common hospitals when their complaints are 
serious enough to require it. The most common diseases are those of 
the stomach, scrofula, and the maladies consequent thereupon. An aver- 
age of (say) 5 per cent, of the prisoners are under the doctor's care, 
and the death-rate ranges from 1 to 2 per cent. 

(2) Bavaria does not claim a good system of sewerage for all her pris- 
ons, but in those of recent construction great atteution has been jiaid 
to this matter. The prisoners receive, three times a day, fresh water, 
generally of a good quality, for drinking and washing. The x^rison- 
rooms are, for the most part, well ventilated by windows. Other systems 
have not been found very successful. AVork-rooms, sleeping-rooms, and 
corridors are swept daily, washed weekly, and painted yearly. Prison- 
ers must wash the face and hands, clean the mouth, and comb the hair 
every morning; must take a foot-bath each week or fortnight, and a 
full bath several times in the year ; and must be shaved once a week, 
and have their hair cut when necessary. Different kinds of water-closets 
are used. In the cellular prison at Nilrnberg there are fixed closets 
made of cast-iron, which, by means of water-pipes, are cleaned three 
times every day ; the bend or neck which connects the closet with the 
refuse-pipe remains always full of water, and thereby shuts off all sewer- 
gas. By means of the water all the matter is carried off, and falls into 
a roservoir at some distance, whence again the licjnid part is drained off 
into a stream. This arrangement works well. In some other prisons, 
liowever, the arrangements are far from perfect,, especially where during 
the night movable closets are put into the bedrooms. Hot air, hot 
water, and stoves are the several modes of heating the prisons. The 
bed consists of: a bedstead of wood or iron, a straw mattress witli a 
tick of unl)leachcd coarse linen, a pillow of the same material, two 
sheets, a l)lanket of good sheep's wool, and in winter two. The most 
frequent fonns of disease are those belonging to tlie respiratory and 
•ligestive (organs. Four per cent, represents the average of the sick 
and 2 per cent, tlic average death-rate. 

{'.j) In Prussia the greatest care is taken to secure a good system of 
sewerage for tlie i)risons. 10 very where an abundance of water is sui>- 
j)lied, and in the niajoriiy of prisons it is of good (jnality. All prisons 
built within the last forty years have been furnislied with an effe<!tive 
Hystcm of artificial ventilation, which is generally connected with the 
heating-apparatus. The prisons are kept scrupulously clean, and, as far 



PRISON HYGIENE BAVARIA PRUSSIA SAXONY, ETC. 81 

iis possible, free from vermin. As regards the means of securing the 
personal cleanliness of the prisoners, nothing is left to be desired. Be- 
sides daily ablutions, rigorously enforced, the upper part of the body 
and the feet must be washed every Sunday and the whole person at 
least once a month. Considerable variety shows itself in the water- 
closet arrangements. This part of the service does not appear to be in 
a perfectly satisfactory condition. The lighting of the prisons is by 
gas, petroleum, or oil ; in the common dormitories lights are kept burn- 
ing all night. The prisons of recent construction are heated by hot- 
water apparatus. The bedsteads are of wood or iron ; the latter in all 
modern prisons. The bedding consists of a straw paillasse and pillow, 
sheets, and from one to three woolen counterpanes, according to the 
season, inclosed in a white or colored case of linen or calico. The in- 
firmaries are supplied with hair-mattresses. The hours of labor are 
from 5 or C a. m. (according to the season) to 8 p. m., but subject to va- 
rious interruptions for meals, rest, exercise, school, and catechising. 
The hours of sleep are from 8 p. m. to 5 or G a. m. Hospitals are 
found in all the prisons, and are fitted up with everything needed for 
the treatment of the sick in the best manner. Light cases are treated 
in the ordinary rooms. The diseases most common are pulmonary, in- 
testinal, and other forms of consumption ; renal, dropsical, cerebral, and 
spinal afiections ; and chronic ailments of the abdominal organs. 
Eight per cent, of the prisoners are usually under medical treatment — 
half in the hospitals and half in their cells or rooms. The death-rate 
is from 2 to 2i per cent, on the average number of prisoners. 

(4) In Saxony, from the combined results of science and experience, 
prisoners have received, since 1851, conformably to a regulation regard- 
ing meals, sufficient and nourishing food. This regulation i)rovides for 
a daily variety suited to the season and the promotion of health. For 
dinners there are ninety, for breakfasts and suppers, twenty-eight, vari- 
eties of dishes. On principle, such food is given to the jirisoner as is 
required for the preservation of his life, health, and strength for work. 
Requisite medical attention in every respect is given to the prisoners. 
The ventilation is arranged in a simple but effective manner. Drainage 
(in a technical sense) does not exist, but: a system of sluices removes all 
the underground water. To cleanliness the most strict attention is paid, 
and it is rigorously insisted on in workshops, dormitories, water-closets, 
and clothing ; there is also a regular use of baths. The daily average 
of cases of illness is from 1 to 2 per cent.; the annual average of cases 
of death is 1 to 3 per cent. 

(5) The prisons of Wiirtemberg are provided with a good system of 
sewerage. Water, for drinking and other purposes, is found in all the 
prisons in sufficient quautity and of good quality. Prisoners are re- 
quired to keej) their i)ersons, clothing, beds, worksops, dormitories, 
and all other places about the x)risons scrupulously clean. Frequent 
bathing of the entire person is exacted. The food provided for the 
prisoners is of good quality and sufficient in quantity. The construc- 
tion of the water-closets varies with the construction of the i^risons ; 
but even the ordinary ones are supplied with a ventilating apparatus 
for removing the bad air, and are carefully disinfected. Most of the 
prisons are lighted with gas. The bedsteads are of iron or wood. 
The bed consists of a straw mattress and bolster, two sheets, one 
blanket in summer, and two in winter. In reclusion-prisons the 
inmates whose health requires it may have their own beds, and in 
the prisons for preliminary detention there is no restriction in this 
regard. In prisons of reclusion the hours of work are eleven ; of 

H. Ex. 18.J G 



82 INTERNATIONAL PKNITENTIARY COXG'RESS. 

.sleep, nine. The remaining four hours are given to meals, recreation, 
schooling, &c. All the prisons have infirmaries, which are supplied 
with everything necessary for the sick; but i)risoners who are only 
slightly indisposed are treated elsewhere. The diseased in mind are 
removed to a lunatic asylum. The average proportion of sick in the 
infirmaries for the last ten years has been from .'3i to 4i per cent., and 
the death-rate from li to 2=| per cent. The diseases arii mostly the 
same as those which prevail among the free population. 

§ 0. The allowance of food in the Italian prisons varies according to 
the class of the prison. In the detention-houses the ration is 1 bowl of 
soup and ToO grams (1t|: pounds) of bread; in the penitentiaries, the 
same quantity of bread and two bowls of souj); in the bagnios, the same 
ration of bread and one bowl of soup, with the addition of a i)ortion oi 
meat once a fortnight. In the detention-prisons the prisoners are allowed 
to procure their own food if so disposed. In penal establishments worked 
by contract, and in the bagnios, the prisoners aie allowed to use a por- 
tion of their peeuUum m increasing their diet, as they choose. In pen- 
itentiaries AYorked by the government the convict who accomplishes 
within a mouth a certain amount of work enjoys the next month what 
is called the '•' laborer's diet," and if he accom])Iish an extra (luantity 
he enjoys what is named the '* reward diet." The laborer's diet is a 
daily dish added to the ordinary ration. The reward diet adds to this 
an allowance of wine {vln onlinaire) three times a week. In the old pris- 
ons ventilation is provided for as best it may be. In the new construc- 
tions the best appliances of science are employed. The water-closets 
are made movable or fixed, according to the quantity of water necessary 
to prevent unhealthy eflluvia. The average death-rate in 1870, as com- 
pared witb the average prison-population, was: In the houses of deten- 
tion, 2.07 per cent, of males and 1.77 per cent, of females; in the pen- 
itentiaries it was r)M) per cent, of men and o.ll per cent, of women ; and 
in the bagnios, where only men are admitted, 2.78 per cent. The diseases 
most common in the bagnios are fevers and complaints of the lungs and 
nervous system ; in the ])enitentiaries, diseases of the lungs and of the 
organs of sense. 

§ 7. No information was furnished on this subject in the report from 
^Mexico, further than the bare statement that it is unnecessary to warm 
the prisons of tluit country artificially, on ac<;ount of the mildness of 
the climate. 

§ 8. In some of the ]»risons of the ^.'etherlnnds, the system of sewerage 
still remains in)perfect, but reforms av(i sought to be everywhere intro- 
duced. The (luantity of water supplied to the prisoners is without limit, 
and the <piality is generally good, but in some localities it is ditlicult and 
cxiM-nsiNc^o procure it. ]\iostof the prisons aj'C well ventilated ; where 
improvements are still needed, means an^ employed to a(;complish them. 
Earnest endeavors are everywhere made to insure the cleanliness of the 
prisons, and for the most i>art with satisfactory results. The same is 
true as regards the ])ersonal cleanliness of the ])risoners. As regards 
the system ol" wat«'r-closets, preference is generally given to inodorous, 
portable vessels, with a reservoir outsi<l(i of the building. The i)risons 
ar(; commordy lighted by gas or petroleum. JJghls are kept burning in 
tlM" iloiinitoiif's (hiring the night. The system of heating varies in dif- 
ferent i)risons. I n somw il, is efleeted by hot water or steam, in others by 
sU)ves. 'J'he ])risoner's bed is madr of straw; for the sick, of sea-grass 
or sea weed. JlamuKxiks were Ibnncily in v(>ry general use, but by 
degrees they liave bt'cn rei)lac,ed l»y open bedsteads. Tiu' bed, complete, 
consists of ;i mattress and bolster, two sheets, one eoveilet of a coarse 



PRISON HYGIENE ITALY \i:T!IERLANDS NORWAY, ETC. 83 

material, and one or two blankets, according to tlie temperature of the 
season. 

There is no general rule regarding the distribution of time. The 
hours of labor (including those of school) are ten in summer and nine 
in winter, and, of sleep, eight and a half in summer and nine in winter. 
The remainder of the time is at the disposal of the prisoner for meals, 
rest, study, and reading. 

A distinct part of the prison-building serves as an infirmary. In the 
cellular prisons, cells of double dimensions are appropriated to the sick. 
The medical service is couiined to a military surgeon wherever there is 
a garrison; to a civil p'lysician in localities where there is no garrison. 
The entire service is under the inspector-general of the medical service 
of the army, and is performed in a highly satisfactory manner. The 
most common diseases in the prisons, as outside, are diseases of the 
chest, especially phthisis. The average of the sick and of deaths it is not 
easy to give. It differs a good deal in different prisons, depending on 
local circumstances and the class or species of prison. The difference 
in the duration of punishments, which is by no means inconsiderable, 
exercises a great influence on the i)roportionate number of the sick and 
of deaths. 

§ 0. A good system of drainage is reported for the Norwegian prisons. 
The water-supply is unlimited and of good quality. The ventilation of 
the prisons is reported good. Cleanliness, both of the i^risons and 
prisoners, is enforced to the utmost practicable extent. The larger 
prisons are lighted witli gas; the smaller with oil. In the penitentiary 
and most of the district-prisons the rooms are warmed by hot water; in 
the other district-prisons by stoves. In the penitentiary, hammocks are 
used ; in the other penal establishments, wooden bed-frames ; iu the 
district-prisons, both sorts. The bedding consists of mattress, pillow, 
sheets, and blankets. The working-time cannot legally exceed fourteen 
hours in summer and tea in winter. The actual time employed in 
labor is less, varying from twelve and a half hours, as the maximum, to 
ten, as the minimum. The hours of sleep are not stated in the report. 
Every penal establishment has its own physician. In the district-prison s^ 
medical assistance is given by the official physician of the district. 

§ 10. In the new prison-constructions of Eussia, in spite of the diffi- 
culties offered by the climate, the greatest pains are taken to secure 
good and effective drainage. In the old prisons, everything connected 
with this subject is in a more or less barbarous state. The same thing 
is true as regards ventilation. The water-closets are generally primi- 
tive. Those used during the day are simply perforated planks above a 
pit more or less deep ; for use by night there are portable vessels oi 
wood. Efforts are now making to find a method which will unite 
economy, cleanliness, and pure air in a severe climate ; but the problem 
Is not easy of solution. The prisons are lighted almost everywhere by 
tallow candles. They are warmed, for the most part, by stoves. In ex- 
ceptional prisons the system of Amossoft' is employed. In this system 
tubes for conducting heat unite at a common subterranean furnace or 
fire-grate. Other systems have been also tried, but none has yet given 
a satisfactory solution of the difficulty as respects cheapness, climate, 
security, and other desirable advantages. 

In most prisons the prisoners have no bed. They sleep on planks, 
ranged side by side, and fixed on stools about three feet from the floor. 
The bed, in prisons where it is found, is the same as everywhere else : a 
mattress and bolster filled with straw, linen sheets, and a coarse cloth 
blanket. The large jirisons have hospitals in which the sick are treated, 



84 INTERNATIONAL PENITENTIARY CONGRESS. 

and whicli are well kept. The more comuion diseases are scurvy and 
consumptiou. There is not a large proportion of sick prisoners. The 
same cannot be said of the number of deaths. This fact is explained 
by the kind of life that the prisoners lead before their imprisonment ; 
they had been too much addicted to alcoholic stimulants. 

§ 11. The situation and drainage of the i^risons of Sweden leave little 
to be desired. It is quite common to build them on water-courses. The 
water for the prisoners' use is of good quality and the supply without 
stint. In the associated prisons there is no apparatus for ventilation ; 
in those on the cellular plan it is otherwise. The strictest cleanliness 
is enforced. The prisoner, on his admission, has a bath and receives 
clean clothes. He changes his linen weekly and his sheets every fort- 
night. Frequent bathing is required, especially in summer. Water- 
closets are variously constructed, but they are not completely satisfac- 
tory. Gas is exceptionally used for lighting, oil and petroleum being 
commonly employed for that purpose. The larger cellular prisons are 
beated by hot water ; the others, both cellular and associated, by open 
grates or stoves. The bedsteads are generally of iron in the associate 
prisons ; in the cellular, hammocks are used. The bedding does not 
difier materially from that supplied in the prisons of other European 
countries. In winter the hours for sleep are from 8 p. m. to G a. m. ; in 
summer from 9 p. m. to 5 a. m. Each morning and evening, half an 
hour is occupied in washing, in prayer, and in inspection by the officers. 
Half an hour is allowed for breakfast, the same for supper, and an hour 
for dinner. On Saturday work finishes at 4 o'clock. In winter those 
who labor in the oi)en air work as long as it is light. The prisoners in 
cells walk for half an hour each day in the court of the prison. They 
work at most ten hours per day ; the remainder of their time is spent 
in reading and receiving instruction. 

In the cellular prisons the sick are commonly attended to in their 
cells ; but they have a bed instead of the usual hammock. In serious 
cases, or in epidemics, the sick are transferred to a special room which 
is found in every cellular prison. In prisons on the associated system 
there are intirmaries with spacious and well-ventilated rooms, to which 
all prisoners are removed who, from sickness or wounds, are unable to 
work. Xo prisoner on the sick-list is allowed to remain in the work- 
rooms or in the common dormitories. The most common diseases are 
j)ulmonary consumption, aifcctions of the stomach and intestines, 
especially among prisoners wlio work in the oi)en air. During summer 
scurvy not unfre(]uently prevails. For live years the average of sick 
has been, in collective prisons, 4.4 per cent.; in cellular prisons, 4 per 
cent. In the same ])eriod the deaths were, in the collective prisonsj ."> 
I)er cent. ; in cellular prisons, li per cent. 

§ 12. In the more recently constructed prisons of Switzerland and in 
those which have undergone extensive alterations, the sanitary appli- 
ances are sii(;h as the best exi^erience an<l the best science suggest in 
regard to (Iraiiiage, wat(n--sui)])ly, ventilation, cleanliness, construction 
and arraugeincnt of wat(!r-closets, heating, lighting, beds and bedding, 
hospital accoinniodalion, &(;. Jn the others, dcliciencies are iound in 
all tlu'sercsjx'cls, varying fiom an aj)i)roach to what humanity and sound 
j)oli(;y demand to the altscncii of almost eveiytliing which these good 
guides ])oint out as dcsirjible. 

§ ].'>. There isno gcMieral scale of ])ri son dietaries in the United States, 
and Irom tlu; diversities of climate ami i)r()duction Ihei-e could scarcely 
be on(! ; for wliat would be salutary at lioston might be otherwise at 
2^cw Orleans or ("harleston. In the Western States fresh moat is much 



PRISON HYCilENE SWEDEN SWITZERLAND, ETC. 85 

more freely used than on the sea-board ; but iu all our prisons uieat is 
much more common tlian in those of Europe, being generally given 
twice a day in the state-prisons. Another frequent article of food is 
Indian meal, made from maize, and served up in the form of " mush," 
(which is a kind of pudding,) or of "brown bread." This is little used 
in Europe, and is not to be highly recommended as a common article of 
diet. 

The ventilation and drainage of half the American prisons are reason- 
ably good; of the other half indifferent or bad ; in many instances very 
bad. Probably one-fonrth of all the prisons, and a larger proportion of 
the state-prisons and honses of correction, are kept scrupulously clean ; 
a great many, particularly among the county jails, are foul and filthy. 
Yet most of them are free from sickness, and the death-rate is not 
large. It cannot be given with any accuracy, however, for lack of care- 
ful statistics. Ln the" cellular prison of Philadelphia, dnring a period of 
forty-two years, there were 353 deaths in a total number of 0,4IG per- 
sons. As each person probably spent about three years in prison on an 
average, this would ,give a death-rate of 353 in 20,000, or 17.65 in a 
thousand, less than 2 per cent., which is not very great. Among an 
average number of 2,471 prisoners in Massachusetts in 186S, 41 died ; in 
1S(]9 the average number was 3,043, and the deaths were 55; in 1870 
these numbers were 2,971 and 58 ; in 1871, 3,145 and C8. In an aggre- 
gate average population of 11,630 this gives 19.35 for the annual death- 
rate per thousand in four years, which, all things considered, is less 
than in Penns^'lvania. 

§ 14. The sanitary arrangements and condition of the English con- 
vict-prisons are reported as good. Xo epidemic or other diseases pre- 
vail in these establishments. They are kept iu a high state of cleanli- 
ness, and the medical officers are required to examine and report fre- 
quently on this point. The average death-rate for the last five years 
has been 1.37 per cent, for males and 1.45 for females. 

In regard, to the county and borough prisons the same report sub- 
stantially was presented to the congress by the government inspectors. 

§ 15. The sanitary arrangements in the Irish convict-prisons are re- 
ported as excellent," and the condition of the prisons in this regard as 
altogether satisfactory. The diseases most prevalent are colds and 
mild febrile and puhnonary afi'ections. 



C H A P T E R V I I I . 

REFORMATORY RESULTS. 

§ 1. Public punishment has two objects in Austria : the vindication 
of justice and the reformation of the criminal. The sad fact is ac- 
knowledged that the efibrts for the moral improvement of prisoners have 
not been'attended with good efiect. No proofs exist that prisoners are 
made better by their punishment. The proportion of those who relapsed 
and were re-convicted during the years i.S68-'70 was: Men, 59 per cent. ; 
women, 54 per cent. 

§ 2. The execution of punishment in Belgium has in view the double 
aim of expiation and reformation ; the latter of these objects is steadily 
kept in view and earnestly sought by the administration. It is claimed 
to be in proof that in the cellular ]irisons the moral state of the prison- 
ers is, in "eneral, better at the time of their discharge than at that of 



86 INTEKNATIONAL PENITENTIARY CONGRESS. 

their entrance. Those who manifest evil inclinations are lew in num- 
ber; nearly all have sensibly moditied the sentiments Avith wiiich they 
were animated at the time of their commitment. iStill it would seem 
that the good resolutions formed in prison yield, to a very great extent, 
to the temptations to which the liberated prisoners are afterward ex- 
posed in free life. Of the prisoners committed in 1872, 78 i)er cent, had 
been in prison before, and had fallen again after their discharge. The 
authors of the report made to the congress claim that this result can- 
not be charged to the cellular system, since nearly half the i^enitentiary 
establishments are still conducted on the congregate plan. 

§ 3. The reformation of criminals is made a primary object of their 
treatment in Denmark, but though the convict generally leaves the 
prison with good intentions, yet his power of resistance often proves too 
weak to conquer temptation. 

§ 4. The supreme aim of i^ublic i)unishment in France is deterrence, 
that is to say, the intimidation of criminals, and the repression of crime 
by that means. The moral regeneration of the convicts is considered as 
one of the means of action which the state can and ought to employ to 
diminish the danger of relapse, but not as the princii>al aim of the pen- 
itentiary system. In the case of piisoners sentenced to short terms of 
imprisonment it is difficult to obtain favorable reformatory results. On 
the contrary, the criminal so im])risoned is apt to become sensibly de- 
teriorated. In support of this view, the report states that in France 
the proportion of relapses is in inverse ratio to the duration of the pun- 
ishment. According to the last official report on criminal justice, of 
persons ]>rosecuted for crime, those previously convicted formed 42i per 
cent., and of misdemeanants, o7i per cent. 

§ 5. The states of the German Empire reporting show the follov/ing 
condition of things: 

(1) Punishment is the primary aim of iminisoument in Baden, but it 
is intended to be so iniiicted as to make it contribute to the reformation 
of the imprisoned. Those who leave the prison are generally better 
than when they entered it. The proportion of tliose who return to a 
criminal course after release is 20 per cent. 

(2) In Bavaria, although reformation is looked upon as one great ob- 
ject of the prison system, the favorable results desii'ed are not, upon the 
whole, obtained. The ])r()})ortion of le-convictions is about 30 per cent. 

(3) The i)rincipal aim in Prussian prisons is to satisfy justice, and to 
make the ])risoners feel their i)unishment as an expiation of their crime. 
At tlie same time, all suitable means are emi)loyed to effect their moral 
reroi'imition. Ijfforts are made to give tlu'ni habits of order and work, 
and llicir minds are inllaenced by scholastic instruction, s[)iritual conso- 
lation, and moial i)re(;epts. Nevertheless, of prisoners sentenced to hard 
hil>or, tlic only class with respect to which n^liable statistics exist, GO to 
70 per cent, in the whole kingdom are recidivists, that is, persons who. 
after their liberation, liave again fallen into crime. 

(4) III 8a.\ony reformation is made one of the chief objects of im- 
prisonment. The prisoners are in general better on leaving the prison 
than wlu'n they entered it. Their promises that they will live honestly 
ai'e, in most, «;as('s, not m.u'e em])t.y i)hrases ; and wIkmi some have 
failed in their imiposc, of amendment, the fault is mostly to be traced 
to existing gencial social <^vils. J'\)r su('C(\sslul warfan^ against these, 
liberated ])ris()neis are wajiting in energy. 

{~t) The j)rimary object of imi»risoMiiient in Wiirtemlx'rg is jjunish- 
mcMit ; yrt it is intended that the ])iinishm('nt shall be so a<lministered 
as to ett'ect the mMr;il imniovemenl of tlie ]»risoners. Of the inmates 



REFORMATORY RESULTS ITALV MEXICO HOLLAND, ETC. 87 

of the prisons*, more than a third — about .'](> per cent. — are there on re- 
conviction. 

§ G. The administration of the Italian prisons finds it a difficult task 
to decide the question whether its penitentiary system answers the end 
of reformin<»' the criminal, and whether on discharge the prisoner is 
morally better or worse. The relapses into crime scarcely exceed 18 per 
cent, on the whole body of criminals ; but, in 1871, of the criminals 
sentenced to an imprisonment of more than a year, 28 i)er cent, were 
recidivists. (Joncerninj^jthe number of re-convictions, a most important 
fact may be gathered from the registered statistics of the administra- 
tion relative to the time elapsing between the discharge and the com- 
mittal of fresli Clime. From these it is found that of recidivists sentenced 
to the bagnios, 27 per cent, relapse within the first year, 10 per cent, 
within the first tMo years, and 57 per cent, beyond that space of time. 
The re-convictions of those sentenced to the penitentiaries are 37 per 
cent, within the first year, 19 per cent, within two years, and 44 per 
cent, beyond that laj)se of time ; and among the femnles, 4G percent, 
within the first year, KJ })er cent, within two years, and 38 percent, be- 
yond that time. 

§ 7. Deterrence has been considered in Mexico the primary aim of 
I>ublic punishment, thougli the moral reform of the criminal has not been 
lost sight of. So far, the prisoners leave their pi-ison-house in a worse 
state morally than when they entered it ; but it is believed that the 
changes recently made in the penal code will improve this state of things. 

§ 8. The aim in the Xetherlands is to make the punishment contribute,, 
as tar as possible, to the reformation of prisoners. The proportion of 
recidivists given by the (admitted) iu^perfect statistics of the country is, 
for the general mass of jtrisons, 25 percent.; for the central (higher) 
prisons, 38 per cent. 

§ 0. Protection of society by deterring from crime, that is, by intimi- 
dation, is regarded in Xorway as the primary end of prisons and im- 
prisonment ; but the reformation of the prisoners is also considered a 
chief jioint. Of the inmates of the penitentiary, about 39 per cent, are 
there on re-conviction. With regard to other prisons, no information is 
given in the report. Whether the i>risons have an improving or deteri- 
orating effect upon their inmates is a question declared to be difficult 
to answer in a satisfactory manner. 

§ 10. In Russia, the declared aim of all penal legislation is the reforma- 
tion of the inmates of the prisons; but this aim is very far from having 
been attained. Indeed, the prisoners are admitted to be worse on their 
discharge than on their entry, since the liberated are a pest to the coun- 
try. It is impossible to state the proportion of recommitments, for the 
want of statistics. 

§ 11. The information furnished by Sweden on this subject is given in 
the words of the report, as follows : 

The legislatioD, as well as tlie reform of prisons, initiated by Kin<; Oscar I, coiu- 
meuced in 1840. lu cousquencc, thirty-eight new cellular prisons were built in all the 
provinces of the kinj^dom. They have all aimed at the moral reformation of the pris- 
oners. But as all those who are sentenced to penal labor for more than two years are 
.imprisoned in the larije collective prisons with common dormitories for a large number 
of prisoners, and as they work altogether during the day for private contractors, their 
amendment has not been fully attained. On the other hand, the cellular prisons are 
regarded as not having corrupted the prisoners. Those who have been imprisoned 
only in cellular prisons liave not been greatly hindered by their imprisonment from 
finding employment in the neighborhood of their home. During the last five j-ears the 
numl)er of recidivists has risen on the average to 2S per cent. But since Sweden suf- 
fered from scarcity of food in 1866, 1867. and 1868, and conseipieutly it was difficult for 
men to iiiul work, an extraordinarv addition was made to the number of crimes against 



88 INTERNATIONAL PENITENTIARY CONGRESS. 

property. Hence the percentage of recidivists, before ineutioued, is considerably above 
the normal average. 

§ 12. For Switzerland, the exact words of the report are also given : 

The study of social questions, undertaken by numerous societies of public utility, 
and the reports presented in the meetings of the Swiss Society for the Reform of the 
Penal System and of Prison Discipline, have enlightened public opinion to such a degree 
that the legislative assemblies of most of the cantons are favorable to the propositions 
made with a view to the introdnction of penitentiary reform into all our prisons. On 
the other hand, public opinion declares itself in favor of expenditures designed to im- 
prove the condition of criminals only after the state has sujiplied the country with hos- 
pitals, insane-asylums, orphan-houses, schools, «S:c., that is to say, with all needful 
establishments dcisigned for the honest poor. In all the cantons where these institutions 
are found, the old theory of penal rein-ession, based on vengeance, has given place to 
more humane ideas, the responsibility resting on society as regards the causes of crimes 
is better understood, and the system introduced into most of the prisons has for its aim 
the reformation of the prisoners. It is true that the i^eual codes of many of the can- 
tons are based on punishment, intimidation, and expiation. But despite the text of 
the codes, which was often written jirior to the reform of the prisons, it is sought in 
the penitentiaries to employ agencies which may combine at once repression and refor- 
mation. While in some cantons (those of the two inferior groups) the principle of 
repression is alone admitted, we see the canton of Ziirich setting a good example by 
declaring, in its penal code, October, 1870, that the application of punishment ought 
positively to have for its object the reformation of the criminal. This princix)le, which, 
some day, will be applied in its whole length and breadth, dates only from yesterday. 
Hence we need not be surprised that the country is found in that transitional period 
when the principle of intimidation still struggles against the moral reform of crim- 
inals. The spirit of vengeance is not entirely extinguished ; it still shows itself when- 
ever anj' atrocious crime has just been committed. But the moment of indignation is 
transient, which shows that an immense progress has already been realized, and that 
, its development proceeds without cessation, in spite of occasional reactionary move- 
ments. 

The favorable results obtained in the moral reformation of prisoners subjected to 
the penitentiary rcgivte of the modern establishments incite the others to a revision of 
their penal codes. No doubt there are many criminals and correctionals in whose case 
the inlluence of the improved penitentiary system does not make itself felt. As, among 
the insane, there are incurable patients, so persons in whom the moral sense has been 
completely perverted suffer themselves to be impressed in a penitentiary only by the 
evil which they liud there, and show thomsodves iu9ensii>lc to the goo<l which is sought 
to be accomplished. On the other liand, the greater number are far tVotu being de- 
praved, and the moral force of those who form this class increases in Llie prisons. At 
the moment of theirliberation they feel themselves reconciled to society, and they have 
the linn intention of regaining, by their good conduct and by honest toil, the esteem of 
their fellow-citizens. ]5ut it is not easy for a ])risoner to carry into efl'ect his good reso- 
lutions. He has to confront many predjndices, to con<iuer maTiy obstacles, and to 
j'csist many temidations, to Avhich ho would sometimes succumb if some charitable 
hand were not extended lor his succor. 

The jtroportional numb(;r of recidivists can be given only approximately. The sta- 
tistics in the different cantons are not made out in a uuilbrm manner. In sfune estab- 
1 ishmenf s, account is imtde of all private sentences — police, I'oriectional, and criminal ;; 
in others, thej' embrace only those which have been pronounced within the canton or 
even notice only the jtunislmuMits undergone in tlie same establishment. The greater 
part of tiie (^aulons cxiicl from their territory libeiated prisoners of foreign birth, and 
giv(r themselves no furl her tronhhi ;il)()ut them ; so t hat it may happen that- the cantons 
whose ]ienitentiaries contain numerous iu)u-reHide,nts of the canton may have fewer 
recidivists to lie registered. In spite of the defective state of the statistics, we may 
estimate an av(.-rage of ;{() to 45 per cent, as the [troportion of recidivists in cantons 
wlieri! the- penitentiary system has math) least ])rogress, and fiom l'.» to 2^y per cent, as 
tiiat of the cantons whose penitentiaries are well organizi^d. 

§ !.'>. Ill \rr.v i(',w of the prisons of the United States, tiikiiii;- tliose of 
all <;hisHes into a('(;oiint, is the r(!rorinatioii of criminals now made the 
primary ohject, and, as a matter of iaet, numbers of ])ris()ners leave the 
prison no better than they (Mitcred it. .Many are made worse rather than 
better; and this is i)arti(;iilarly the ease in the eonnty jails and with 
short sent<!n<;ed prisoners in the district prisons. In our best prisons 
this is otherwise; but there are very l"ew ofli(;ers who can truly say that 
Jheir i)risoii discijiliiie has reformed the comict!^ Any statiMiients made 



. PRISON OFFICERS AUSTRIA BELGIUM DENMARK, ETC. 89 

regarding the proportion of re-convicted criminals in onr prisons would 
only be misleading, owing to the very imperfect state of our peniten- 
tiary statistics. 

§ 14. Little information is afforded on this subject in the reports sub- 
mitted to the congress from England and Ireland. 



CHAPTER IX. 

PRISON OFFICERS — THEIR QUALIFICATIONS AND TRAINING. 

§ ]. It is held by the authors of the report submitted on the part of 
Austria that, besides a technical knowledge of their calling, prison- 
oflftcers should possess a good general education, and have experience of 
life, knowledge of human character, firmness, and a serious and humane 
spirit. The opinion is expressed that the greater number of the officers 
at present employed in the Austrian prisons are men of this character. 
Special training is not provided for this class of public servants. It is 
thought that the experience necessary for a prison officer may be best 
acquired by actual service in a prison. 

§2. In Belgium it is held that the head of a i^enitentiary establish- 
ment should be thoroughly acquainted with everything relating to the 
moral, disciplinary, economic, and industrial administration. He has, 
so to speak, the charge of souls. He must be just, firm, intelligent, 
conciliatory; must know men, and especially criminals ; and must pos- 
sess, in a high degree, the attribute of probity. Above all, he must be 
animated by sentiments profoundly religious, for it is Christian devo- 
tion alone that can sustain him in the path of his duty and give him 
the force and steadfastness necessary to overcome the obstacles which 
will be sure to obstruct his progress. The keepers are moral agents; 
they must offer guarantees of morality, intelligence, zeal, and humanity. 
Their special service is of a nature to require that they be in the vigor 
of their age; that they have good health and a robust constitution: 
that they possess an energetic character; and that they have a good 
primary education, and, if possible, a knowledge of some one of the 
trades taught in the prison in which they serve. Special training- 
schools for the subordinate oflicers would be highly desirable, as they 
are apt to enter on their functions without the full preparation required 
by their mission. A school for keepers has existed foV some years in 
the iicnitentiary of Louvaiu. The directors are recruited from the 
personnel of the administration, where, in passing through the succes- 
sive grades, they have necessarily acquired the requisite knowledge. 
Special examinations are a condition precedent of their appointment. 

§ 3. Prison officers in Denmark are appointed partly by the govern- 
ment, partly by the prison-inspector. Their appointment and discharge 
are totally independent of political and all other considerations not 
bearing directly on their qualifications and efficiency. There are no 
special training-schools for prison officers. It is thought that such 
would be too costly for a small couutry like Denmark. 

§ 4. The management of penitentiary establishments, it is held in 
France, requires technical and administrative knowledge of great 
breadth, and ofl'ers, besides, special difficulties, arising out of the com- 
plicated organization of the service. It demands a profound knowledge 
of business, of ministerial regulations and details, and an unremitting- 
application, a quality essentially requisite in all directors. The admin- 



90 INTERNATIONAL PENITENTIARY CONGRESS. 

istrator wiio finds himself face to ftiee with a contractor, whoso interests 
are directly antagonistic to those of the state, ought to unite an unceas- 
ing watchfulness with an intelligent control. The principal duties of 
the administrator of penitentiary establishments — such as the organiza- 
tion of the prison labor, the examination of tariil's of labor, the mainte- 
nance of disciplin-e in the midst of a ])erverted population, the choice 
and employment of means to awaken in the prisoners thoughts of re- 
pentance and ideas of moral renovation — all these duties, and others 
analogous, demand a special aptitude, fortified by an experience more 
or less extended. Penetrated with the idea that the direction of the 
penitentiary establishments cannot be coutided, without the gravest 
risks, to agents who do not otter the most trustworthy guarantees, the 
superior administration has established rigid rules to guard against the 
bestowmeut of the elevated functions of the service upon agents whose 
aptitude and experience would leave the least room for doubt. In the 
same order of ideas, it exacts, in the case of all its agents, of whatever 
degree, the knowledge demanded by the positions which they are to 
fill, and makes their promotion de])endent on conditions of time and 
exjjerience, varying according to the importance of the trusts to which 
they aspire. In short, to keep out of tlie service of the prisons agents 
unable to otier the guarantees desired, a ministerial decree, under date 
of the 25th of March, 1SG7, instituted, in the ministry of the interior, a 
commission charged with the examination of candidates for employ- 
ment in the active service of the central and departmental prisons. 
The programme of the required examination comprises the following 
points: Writing, grammar, arithmetic, the ])rinciples of accounts, his- 
tory, and geography, (principally of France,) general notions of the 
penal system and of criminal procedure, general ideas of civil law, the 
civil and judicial administration, and the most important provisions of 
the laws, decrees, and ordinances relating to the penitentiary regime. 
The examination includes, in addition, a written composition. The 
result is, that thoi personnel of the prison service is composed, for the 
most i)art, of agents, enlightened, capable, and up to the height of the 
duties with whicli they are charged. Many of the higher officers unite 
to all the aptitudes required in the director of a penitentiary establish- 
ment a rare administrative ability and an extensive knowledge of crim- 
inality. In the lower ranks of the i^ernonnel^ a majority of the agents 
are upright, zealous, and earnestly devoted to their duties. 

Tliere do not exist in France schools especially devoted to the educa- 
tion of prison officers. The best school in matters of this kiiul is thought 
to be tliat of practice and experience. 

§ 7). The following summary is offered of the r(^[)orts from the (rerman 
states on this snl)j(M;t: 

(1) Jn ]>adcn, tlie (|ualities <leemed necessary in a ])rison officer are: 
[ntegrity, (h'votion, energy, firmness, kindness, ])liysical and moral 
courage, and a calm and brave sj)irit. Tiiese qualities are believed to 
be i)0SHessed by the sui^orior and by most of the inferior officers. 

Special schools for the education of ])ris()n officers have not been es- 
tablished, nor is their establishment recommended, because the work 
of prison ollic<'rs can, it is thought, be best learned by i)ractice. 

(2) To l)e eligible, to fhe, directorship oi" a ])rison in l>avaria, the can- 
didates must have stiulied fhe ])rcscril)ed subjects in ])hilos()phy and 
.jurisprud(Mice, and piisscd tlu^ exandnation admilting them to act as 
Judges, (yandidates for fhe position ol" i)ljysiciaii, chaplain, or teacher 
must have completed the studies <'onnec,ted with their several i)rofes- 
sions and undergoin' satisfactoiy examinations. kSpecial schools do not 



rUlSOX OFFICKKS (JKRMANV llAf-V MKXHM), JHC. 9l 

exist for the ediu-ation micl traiiiiii,;;' of piisuii ollicer.s. Su(;li schools, it 
is heki, would be desirable, since miieh harm is done by i^iioraiice in 
the treatment of prisoners. 

(3) The report for I'russia holds that, besides personal integrity, 
sufficient ii'eneral and special knowledge, directors and superior oflicers 
should be gitted with true and keen observation, a delicate discernment of 
individual character, and ability to read the secret thoughts of prisoners. 
They should also be energetic and strict, and yet kind and entirely im- 
j)artial. l^'inally, they should possess some aduiinistrative capacity, and 
be, to a. certain extent, familiar with the technical part of the trades, 
and have some knowledge of farming. As regards the subalterns, good 
directors will make them useful ofticers if they possess thorough honesty, 
imperturbable coolness, unshakable firmness mixed with gentleness, ami 
a sufficient amount of intelligence and of moral asid religious instruc- 
tion. 

No special training-schools exist. It is thought exceedingly desirable 
that such schools should l)e established for the education of tlie inferior 
officers, whose instruction, gained at a jirimary school, is seldom wide 
enough to enable them to perfect their knowledge afterward sufticiently 
to do tiuything beyond routine work. 

(4) In Saxony the officers are appointed by the ministry of the 
interior. They are at first employed on trial, and are dismissed if found 
incompetent. Political iullueuce does not enter into cousideration. The 
(|ualiucatiou of the officers is on the average good. Separate schools 
for training officers do not exist. Most of the superior officers undergo, 
before their definitive appointment, a practical training in one of the 
penitentiaries. The higher the duties to be fulfilled becouie, and the 
more carefully the system of individual treatment is carried out, tho 
more a knowledge of these duties approaches to science, the niore nec- 
essary are the studies of pedagogy and psychology, and the more it 
becomes absolutely requisite to make special studies, in order to assist 
in attaining the highest efficiency in the administration. Just as no 
teacher can now be chosen, contrary to what was the case in times past, 
from men of another calling, but must be a nian who has received a 
thorough education in his special branch, so the officers of prisons will 
be required to have special training, and, therefore, in future, special 
schools will become a necessity. 

(5) In Wiirtemberg there are no special schools for the education of 
prison officers. The directors are usually men who have acted as magis- 
trates, and have been formerly engaged in judicial duties, although 
ability to act as a Judge is not indisi)ensable for gaining the office of a 
director. The keepers are mostly non-commissioned officers who have 
left the army. 

§ 6. Prison officers in Italy are proposed by the local authorities anrl 
confirmed by a ministerial decree. In making choice of them, no weight 
is given to their political opinions, but only to their probity and zeal. 
As prison officers require special gifts ami knowledge, added to ui)right- 
ness and intelligence, faithfully to fulfill their trust, the administration 
has for some time entertained the idea of establishing preparatory schools, 
and is studying the best plan for their regulation. 

§ 7. The only item furnished on this head by the Mexican report is to 
the effect that schools for the special education of prison officers do not 
exist in the republic. 

§ 8. In the Netherlands, it is deemed to be necessary that the direct-^ 
ors and employes of |)risons be men of tried morality, intelligent, and 
gifted with tact and v.ith the knowledge necessary to inspire the respect 



92 INTERNATIONAL PENITENTIARY CONGRESS. 

of the prisoners, even without the use of a severe discipline. This re- 
spect depends upon the spirit of justice, equity, and humanity which they 
exhibit in their relations with the prisoners. In the directors especially, 
there is needed a high degree of mental culture and an enlightened un- 
derstanding of their duties ; we might say, indeed, of their mission. A 
knowledge of the more important foreign languages is necessary, that 
they may be able to read and study the best writings on prison discip- 
line and to communicate with the foreign prisoners. It is admitted in 
the report that the nnijority of the directors and employes of the prisons 
do not possess these talents and qualities, a fact which is due chiefly to 
the circumstance that the salaries are too low, and that the service of the 
prison officers is, in general, too onerous, and held in too little esteem. 
As a consequence, young men of good family and education refuse to 
enter upon this career. 

There are no schools especially designed for the education of prison 
officers. The best school is thought to be a well-organized and well- 
governed prison, where are offered to the young employes the means of 
acquiring knowledge and developing their talents, by the reading and 
study of the best writings on the subject of prisons. 

§ 1). The qualities deemed reciuisite in Xorway in the higher v)rison 
functionaries are a good education, probity, firmness of character, and 
special aptitude for their work. Tlie compensation at iiresent paid to 
functionaries of the lower grade is so small that no great claims can be 
made upon them. Sobriety, punctuality, firmness in action, a mastery 
of the more common branches of learning, and the knowledge of some 
trade are the qualifications most valued. There are no special training 
schools for prison officers, nor, considering the actual circumstances of 
the country, are such likely to be soon established. Xo opinion is ex- 
pressed in the report on the abstract question of their expediency'. 

§ 10. Integrity, humanity, ])unctuality, and intelligence are held in 
llussia to be the essential qualities of a good jh'ison otticer. The greater 
part of the actual employes are far from possessing these qualifications to 
the extent to be desired. The ])rincii )al cause of this deficiency is the scanty 
recompense accorded them. There are no special schools for the edu- 
cation and training of i)rison otficers. The author of the report, Count 
Sollohub, sees no urgent need of such establishments, since, in his view, 
the essential character of this class of officials is rather moral than 
pedagogic. The practical part, he thinks, can be acipiired in some days. 
The count, however, thinks it d(^sirable that there be established in the 
administration of ])risons a system of gradual i)romotion, and thus of 
special service, in liarmony witli all the other bran(!hes of the public 
service. 

§ 11. The qualifications deemed in .Sweden essential to a- good prison 
officer are a calm and even tenqier, a character humane and serious, a 
spirit austerely just, and the most exact order and ])uiictuality in the 
p(!rf<)rmanc<! of liis (luties. There are no s[>ecial establishments for the 
instruction and education of this class of otficers. The need of such 
institutions mak<'S itself more and more felt by reason of the special 
knowledge and high moral tone recpiired in these officers. The opinion 
isexi)ressed that, whilcsiichspecial schools are wanting, i)ersons<lesirous 
of entering the penitentiary service (uight, prior to a full admission to 
that s(!rvice, to be rcciuiicd to serve for some time in a well-conducted 
j>rison. St ill, as <'\('n there they would a('quii<', oidy tlw. routine, and 
not the broad knowledge n«'cessary for the due fiillillment of su(;h fnnc- 
"tions as arc; recjuired of them, it is recommended in the rejjort that there 
be established a i)enit<'ntiary normal sehool. that is, an institution for 



• PRISON OFFICERS NORWAY RUSSIA SWEDEN, ETC. 93 

the professioual educatioD of young- men who aspire to eiin)loymeiit in 
the penitentiary service. 

§ 12. In Switzerland the greatest importance is attached to the choice 
of ofticers charged with the treatment of prisoners, since it is well un- 
derstood that prisons badly administered, instead of being hospitals 
for moral diseases, become rather nurseries of criminals. Several of 
the more recently constructed and better-organized penitentiaries are 
presided over by men eminently qualified for their i)osition, and they 
are aided by bands of intelligent employes, who contribute effectively 
to the mission which penitentiary education proposes to itself. Never- 
theless, complaint is made, on all sides, of the difficulty experienced in 
finding, for the corps of subordinate employes, men possessing the requi- 
site qualities and aptitudes. Schools designed for the special educa- 
tion of jirison officers do not exist in Switzerland. It is generally felt 
that such schools would render an excellent service, especially if a just 
and sound idea should be given in them of the nature and aim of peni- 
tentiary treatment. A school of this kind would have the immense 
advantage of preparing officers who, at present, acquire their experience 
at the expense of the institution. Normal schools for the employes 
might, it is thought, be organized in penitentiary establishments se- 
lected for that purpose, in which candidates might pursue a theoretical 
course, and might also be practically initiated into all the branches of 
the service. In a well-organized and ably managed i^enitentiary novices 
who possess the necessary aptitudes become in a short time entirely 
competent to the discharge of their functions. 

§ 13. The bane of prison administration in the United States is insta- 
bility, resulting from the frequent change of officers, which is itself a 
consequence of the wide extent to which political influence enters as au 
element into their appointment. Some States have measurably escaped 
this influence, but they form rare exceptions to the general rule. But 
public opinion is becoming more enlightened on this subject ; and, in 
l)roportiou as it gains light and vigor, the tendency toward reform by 
the elimirKition of this malign iiower develops itself and becomes stronger 
day by day. Except as lowered through political influence, the average 
qualifications and efficiency of prison officers in America are as good as 
in other countries,* but the lack of an effective system of control and 
inspection often makes our prisons less creditable to their officers than 
the real merit of the latter deserves. There are no special training 
schools for prison officers in the United States, but veteran and experi- 
enced superintendents, like General Pilsbury, Mr. Brockway, and a few 
others that might be named, do, in the course of time, train a consider- 
able number of good officers. The clearest and most authoritative 
exposition of the state of public opinion among us as to the policy ot 
such institutions is contained in the seventh resolution adopted by the 
National Penitentiary Congress of Cincinnati, in these words : 

Special traiuing, as well as high qualities of head and heart, is required to make a 
good prison or reformatory officer. Then only will the administration of public punish- 
ment become scientific, uniform, and successful, when it is raised to the dignity of a. 
profession, and men ure specially trained for it, as they are for other pursuits. 

§ 14. In the reports relative to the prisons of England and Ireland, 
little information is communicated on this subject. 



94 INTERNATIONAL PENITENTIARY CONGRESS. 

CHAPTEK X. 
SENTENCES. 

§ 1. It is held iu Austria that the tiequeut repetition of short seu- 
teuces is rather injurious than beneficial. They bhint the feelings of the 
l)risoner both as regards the punishment itself and the degradation con- 
nected with it, and their customary effect is to confirm him in crimi- 
nality. ]>y Austrian law, former conviction is looked upon as an aggra- 
vating circumstance, and the judge is obliged to give a severer sentence 
on re-conviction, even though the offense be of a ditlerent class. The 
disciplinary treatment of re-convicted persons is not, as a rule, made 
more severe than that to whicli tlu)se sentenced for a first offense are 
subjected. 

§ 2. Kecidivists are move severely punished in Jielginm than persons 
committed for a first offense. Xothiug is said iu the Belgian report as 
to the good or bad effect of repeated short sentences, the reporters re- 
garding this as a question peculiar to the criminal legislation and practice 
of the United States; a view of the matter which the undersigned, with 
all due respect, believes to be erroneous. 

§ 3. The criminal courts of ])enmar]<: giv<' short sentences for minor 
offenses. This increases the number of crimes, though not of criminals, 
the effect of the short sentences being that the so-called habitual crimi- 
nals, more frequently now than before the ])resent penal code was pro- 
mulgated, both enter and quit the prisons. 

§ 4. The authors of the report submitted from France appear to be 
somewhat perplexed as to the meaning of the expression " minor offenses," 
used in the question. But whether to be understood in the sense 
of those trivial violations of law called "contraventions" in the French 
criminal code, or in the sense of misdemeanors of no great gravity, both 
of whicli classes of offense are visited in France with but trifling penal- 
ties, it is confessed that these penalties do not prevent a repetition, nor, 
indee«l, the frecpient rejtetitioii, of the acts against which tlK'y are di- 
rected. 

A relai)S(', winch, in the legal sense, is tlie commission after a penal 
sentence of a new criminal act, receives little favor from the French law. 
The circnmstance of a ])]ior conviction, and the greater perversity shown 
by a repetition of the olfense, seems, iu effect, to demand from the legis- 
hitor an increase of punisliment. Doubtless, neither theft nor homi- 
cide changes its nature bc^cause committed a second time; but a crime 
lias two elements, the substance ol" tlui act and the criminality of its 
author. Tlui legislator has thought it a duty to take both these circum- 
stances into <;onsid(aation in measuring the punishment. 

§ 5. (1) Of the (lerman states, Baden answers that rejieated short 
senteiKU's for trivial offenses ]iroduce no good effect; and, therefore, the 
penal code of the emi)ire visits recidivists with punishments of a longer 
duiation. 

(L!) I'ja\aria ret ui lis a like respojisc. f'rcfpu'nt punishments for minor 
offens<'s lii'.vr no good inliuence ; either the ]irisoners beconnuMubittered, 
or the ])nnishni('nts, on account of their frequency, lose their effect. 
Mor«', it is bclicxcd, can be, done; in thes(5 cases by reproof and teaching 
than by i>unisiinicnt. lJccon\iction, esjx'cially for robbery, theft, and 
(he, concealment of stolen goods, is A'ciy heavily punished. 

(.'>) I'liissia repli(s in the same sense, both as reganls the inefficiency 
of repeated shoit inqiiisonnients and the necessity I'or increased severity 
of the punisliment on reconvicticur. 



.SENTKNCES (iEKMANY ITALY MEXICO, ETC. 95 

(4) The answer of Saxouy is iu the following' words : 

The practice of courts of justice of passing sentences of short duration of iniprison- 
meut for slight otfouscs, and of repeating them in case of relapse, does not exist, be- 
cause the penal law of the German Empire, even for theft a third time, orders imprisou- 
ment in a penitentiary, provided there are no extenuating circumstances. What effect 
this practice will have in regard to increase or decrease of" criiru-s is yet problematical, 
and reciuires further satisfactory (ixperieuce. 

§ 6. Recidivists, in Italy, always receive severer pnuishmeiit than 
offenders on first conviction. But the Italian criminal code does not 
regard as crimes the class of offenses known as ''contraventions;" lience 
persons guilty of them are not accounted recidivists in the legal sense, 
and judicial statistics take no notice of such infractions of law, whatever 
the numben' of times they may have been committed by the same person. 
The whole question of sentences is considered so important that the 
prison reform commission, recently created by royal decree, has thought 
tit to make it the subject of a special study. 

§ 7. The commission which prepared the report to the congress for 
Mexico is of the opinion that evil consequences result from the fact that 
imprisonment is intlicted for slight offenses, even iu the case of a first 
transgression, especially if the offender be sent to an establishment 
where prisoners are kept in association. 

lieconviction receives the punishment which, the attenuating or 
aggravating circumstance of the case being considered, ought to be 
awarded to the otfeuse itself, with an increase of one-sixth, if this is less 
than the former, of one-fourth if it is of the same gravity, and of one- 
third if it is greater. If the offender has been pardoned for a previous 
oHense, and if it is not for the first time that he relapses into crime, the 
increase of punishment may be doubled. 

§ 8. It is not thought iu the ^Netherlands that repeated sentences to 
short imprisonments produce any good effect upon the prisoner. A re- 
lapse may give occasion to an increase of the punishment in the ratio 
of one-third, when the first sentence was for more than a year's impris- 
onment; and in all cases it is a circumstance which may determine the 
judge to award the maximum of punishment allowed by the law. 

§ 9. Norway answers tliat experience has not certainly determined 
what effect repeated short sentences have upon the criminal. A prior 
conviction increases the punishment to be inflicted by a subsequent sen- 
tence; but as regards the treatment of prisoners during their incarcera- 
Ition, all receive the same. 

§ 10. The report for Eussia uses this strong language: "Not only 
do 'repeated short sentences produce no good effect, but they create 
criminals by profession." 

A subsequent offense has the eliect to increase the severity of the 
l)unishm.ent. 

§ 11. Short imi)risonments for minor offenses are believed, in Sweden, 
to produce upon the prisoner an unfavorable rather than a favorable 
influence. 

The punishment of thieves is gradually increased on each subsequent 
conviction. A fourth sentence may inflict ten years of hard labor, and 
in very grave cases the sentence may even be for life. But the national 
parliament has recently determined to lower the scale of punishment 
for recidivists convicted of theft. 

§ 12. The directors of the Swiss penitentiaries are nn;;nimous in re- 
garding repeated short sentences for minor offenses as a pernicious 
judicial practice which is followed without reflection. The sentiment 
of justice, as well as the moral reformation of the prisoner, requires 
that the repression be more serious and more adequately protracted in 



96 INTERNATIONAL PENITENTIARY CONGRESS. 

the case of individuals who take on the habit of crime, and who threaten 
to make it the basis of their character. The effect of these short im- 
prisonments becomes worse on each successive conviction. The recidi- 
vists fall deeper and deeper, and the prison cannot lift them up. During 
the short stay they make in the x)euitentiary establishment, it is impos- 
sible to teach them a trade or even to make them apt at work. The 
recidivists sentenced correctionally have more or less lost the moral 
sense and self-respect. The influence of the penitentiary education 
cannot aft'ect the individual of this class who, on entering the establish- 
ment, counts the exact number of days which separate him from free- 
dom. Such prisoners undergo, more or less patiently, the restraint im- 
posed upon them ; they are indifferent, and little heed either the present 
or the future which awaits them. 

The existing codes in the several cantons denounce a severer punish- 
ment against prisoners convicted more than once. Some sentence them 
to the maximum of the punishment incurred ; others add to this pun- 
ishment its moiety, and even more, in excess of the maximum. Every 
sentence for an offense exceeding six months becomes an aggravating 
circumstance in the case of the person who, having suffered it, is pros- 
ecuted criminally. 

§ 13. It is the practice of courts in the United States to give short 
sentences for minor offenses, and to repeat them often in the case of the 
same i)ersou. The effect of this here, as everywhere else, is and must be 
t-o increase crime, as our prisons are now managed. Such is the unani- 
mous opinion of all prison keepers, so far as known, in this country. 

§ 14. The reports for England and Ireland are silent on this point. 



CHAPTEKXI. 

IMPRISONMENT FOR DEBT. 

§ 1. Imprisonment for debt was abolished in Austria by law May 4, 
1808, and only a precantionary arrest can take place when the debtor, 
while the action is pending, is accused of an attempt to escape. Such 
an arrest is merely a deprivation of liberty, and the prisoner is allowed 
such advantages* as are consistent with simple arrest. I 

§ 2. Debtors' jnisons still exist in Belgium, but they are empty. Cases 
of incarceration for debt have become very rare since the publication of 
the law of the 27th of July, 1871. The treatment to which imprisoned 
debtors are subjected is not the same as that applied to criminals. They 
occu])y s])ecial cells, have the ex(;lusive enjoyment of an exercise-yard, 
and may communicate with each othci', receive four visits a week from 
their relatives and fiom persons with whom they have business relations, 
and n)ay correspond i'reely with the outside world. 

§ li. xso information is ailbrded on this point in the report for Denmark. 

§ 4. In Eran(;e the law of the 22d of July, 18(57, put an end to im- 
jtrisonmciit for <l(;bt in commercial and (;ivil matters and in those in 
which foreign<',rs are concerned. The> n^straint of the body exists no 
longer, o.x('A'\)t in matters criminal, correctional, and of sim[)le> ])olice. 
'J'Ik! usage has Just Ixu^ii i-e-establishcd as regards the payment of moneys 
due to the Htat<;. in such cases the ])ul)lic minister is bound to take 
(;arc that [)ers()iis imj)iison<Ml jbr «lebts to the state receive the same 
rjitions as the otlici- prisoners who ;ire in the charge of the administra- 
tion. 



IMPEISONMENT FOR DEBT GERMANY ITALY, ETC. 97 

The decree of bankruptcy may order the placing of the person of the 
bankrupt in a debtor-j)rison, and, if there is no such prison, in a part 
of the house of arrest reserved for that purpose. This is a measure which 
prudence almost always dictates. If the debtor is simpl^^ unfortunate, 
a safe conduct soon restores him to his family and to liberty; if the 
examination of his conduct justifies rigorous measures, it is thus made 
impossible for him to liberate himself by flight. The arrest and im- 
prisonment of the bankrupt must be preceded by the consignment, on 
the part of the commissioners of bankruptcy, of the means of living, 
and, in case of insufficient means for this purpose, the advance of the 
moneys to be consigned is made from the i^ublic treasure, on the order 
of the commissioner, given at the request of the public ministry. The 
French law, as is thus seen, places the incarcerated bankruj)t in a 
situation altogether different from that of ordinary prisoners. 

§ 5. The German states report as follows : 

(1) Imprisonment for debt does not exist in Baden. 

(2) In the rare instances of imprisonment for debt in Bavaria, the 
treatment of such x)risoners is milder than that of other prisoners. It 
is a mere arrest; they have almost unrestricted liberty as regards cor- 
respondence and the receiving of visits ; their food is better ; and they 
are separated from the other prisoners. 

(3) In commercial and civil matters imprisonment for debt no longer 
exists in Prussia. It is, however, allowed when it becomes necessary 
to secure an examination or a judicial prosecution, or to execute a dis- 
tress warrant. The treatment of prisoners for debt is totally different 
Irom that of criminals. 

(4) No information on this point was furnished by Saxony, 
(o) There is no imprisonment for debt in AYiirtemberg. 

§ 6. Imprisonment for debt is still practised in Italy. In detention- 
prisons of any considerable size, there are commonly sections destined 
to the imprisonment of civil debtors. In none of them is there want- 
ing at least an apartment for whomever is imprisoned on the demand of 
his creditor. The number of persons imprisoned for debt is exceedingly 
small. The maintenance of the debtor is a charge upon the creditor, 
and his treatment diifers from that of other prisoners maintained at the 
charge of the state. 

§ 7. Imjirisonment for debt was abolished in Mexico as early as 1812, 
and has never been revived. 

§ 8. This practice still prevails in the jSTetherlands. Persons impris- 
oned for debt are placed in the houses of detention and of arrest ; some- 
times in the cantonal prisons. They are entered on a special register, 
and are not confounded with other prisoners. In the greater part of 
the prisons the best apartments are assigned to them and a little better 
furniture. They do not wear the prison-dress, unless, indeed, they 
have no other ; and their food is of a better quality. 

§ 9. Imprisonment for debt still exists in Norway, but the right is sel- 
dom used. Its abolishment has been moved, and it cannot be long de- 
layed. In the district-prisons rooms are arranged for receiving prisoners 
for debt, but they are furnished nearly in the same manner as common 
dwelling- rooms, and the constraint to which such prisoners are subject 
is only intended to secure their presence and to prevent infractions on 
prison discipline, while in other respects, especially as regards their 
meals and occupation, they are not ranged in the class of other piisou- 
ers. 

§ 10. Debtors' prisons are still found in Eussia in all their rigor : but 
a special commission has just formulated a project according to which 
H. Ex. 185 7 



98 INTERXATIONAL PENITENTIARY CONGRESS. 

imprisonmeiit for debt will be t(51erated only in a limited number of 
cases. The treatment of persons thus imprisoned is, Iiowever, far less 
severe than that of other classes of prisoners. 

§ 11. Since 18GS imprisonment for debt is permitted in Sweden only in 
cases where the debtor refuses to declare under oath that he is without 
resources. This class of prisoners is treated like those awaiting trial. 
They are not required to work, and have the right of procuring better 
food and more comforts. 

§ 12. Prisons for debt exist only in a few cantons of Switzerland, and 
even where such prisons are still found, the constraint of the body has 
fallen into disuse. In a number of cantons, the state authorizes the 
restraint of the body, fn default of payment of the expenses of justice; 
but this imprisoment is of short duration, and often is not inflicted 
at all. This punishment is regarded as correctional, and has no char- 
acter of infamy. 

§ 13. Imprisonment for debt has been abolished in most if not all the 
States of the American Union in all cases, except where fraud is known 
or suspected. 

§ 14. No information was communicated on this subject from England 
or Ireland. 



C 11 A P T E E XII 



CAUSES OF CRIME. 



§1. The report from Austria names, as chief causes of crime in 
that country, dislike to work, the desire for luxuries, impatience of re- 
straint, want of education, and the poverty so closely allied to Ignor- 
ance. 

§ 2. The principal causes of crime in Belgium fire stated to be, in the 
army, v,ant of occupation and the system of substitution ; in civil life, 
oblivion of religious and moral principles, ignorance of duty, want of a 
trade or some regular calling, artificial wants, drunkenness, libertinism, 
distaste for work, and consequent idleness. 

§ 3. The crime most frequent in Denmark is the violation of the 
riglit of property. Three-fourths of the prisoners are sentenced for 
theft. The cause of stealing is rarely undeserved distress ; most com- 
monly it is idleness, the desire for lawful or unlawful ])leasures, or 
habits of drinking. These vices generally result from, or are associated 
with, a neglected education. 

§ 4. 1'he rei)ort from the French government states that there is rea- 
son to ])elieve that in Prance, as in many other countries, the insufli- 
ciency of moral education, the general defect of intellectual culture, 
and thewiintof an industrial calling, not oi)posing to the aj^petites 
and iriHlincts a barrier sutliciently strong, leave an open road to crimes 
and misdcmefinors. These offenses are afterward modified and perpe- 
trated under influences springing frOm the circumstances by which their 
authors are habitually surrounded. It is thus that, on the frontiers, the 
populations, seeing in the cod(! of fiscal laws only an enemy of natural 
right, ha\'e litfU; hesitation, for the pur]M)se of avoiding Ihe payment of 
taxes, to sacMifice the lives of the agents (charged with colle<;ting them. 
In the (titicH, tlie laboicr, se<lu(;cd l>y i<l<'as of ai luxiny which his labor 
<io( M not and ought, not to give him, suffers himself to be drawn on to 
att«ini)tH agiiinst pi-oinTty and, too often, against social orchu-. The in- 
habitant of tlie country, who has under his eyes only the spectacle of a 



CAUSE OF CRIME FRANCE GERMANY ITALY, ETC. 99 

productive soil parceled out to infinity by tbe law of inheritance, de- 
mands violently, sometimes even at the cost of his neighbor's life, tbe 
enlargement of the jiatcli that belongs to himself. 

To these evils, of which France has no monopoly, the report asks. 
Does there exist a remedy which will prove absolute and comi)lete ? It 
may be doubted ; but it is certain that, in elevating morality, in fortify- 
ing the heart, in enlarging the boundaries of knowledge, the practical 
ability of men would be increased, and the effects of these evils would 
be diminished by lessening their causes. 

§ 5. Germany answers thus: 

(1) Baden says : " Thirst for pleasure/' with a reference to 1 John, 
2: IG. 

(2) As principal causes of crime in Bavaria, are mentioned : 1. Want 
of religious teaching. 2. Abnormal family relations. According to a law 
that existed up to the year 18G8, marriage between persons who pos- 
sessed no landed property' was exceedingly difiicult, and, in consequence, 
illegitimate births were very numerous. As a result of the want of the 
beneficial influence which a family-life exercises, illegitimate-born form 
a considerable proportion of all prisoners. 3. ISTeglected education, espe- 
cially in those parts where children are employed in the guarding of 
cattle or in working in manufactories. 4. Rough manners and customs. 
In some parts of Bavaria it is still a custom of the peasants to carry 
long stiletto-like knives when visiting public-houses and dancing-places; 
and thus, on Sundays and holidays, the slightest cause leads them to 
inflict on each other severe injuries. 

§ 6. The inmates of Italian prisons, in 1871, were in the following 
proportions : For crimes against the person, in the bagnios, all males, 4(j 
l^er cent.; in the penitentiaries, males 35 per cent.; females, 28 per cent. 
Orimes against property, in the bagnios, 30 per cent.; in the [)enitenti- 
aries, males, 47 per cent.; females, 53 per cent. The chief causes of 
crime, accordingly, are stated to be cupidity, revenge, anger, and illicit 
passion. 

§ 7. The answer returned by the Mexican government is so iutei>esting., 
as well as able, that it is given, without condensation, in the words of 
the commission which prepared the report. The commissioners say : 

Among the most general causes of crime in our country are want of education iii 
the lower classes, abuse of intoxicating drinks, and poverty. Among the temporary 
and transitory causes which occasion the crimes and offenses committed in our coun- 
try, the commission thinks tliat the most active are the followmg : The prolongation of 
civil war, the impressment to obtain soldiers, the bad state of our prisons, the com- 
motion created in the religious faith of society by the innovations made in ecclesias- 
tical matters, the want of preventive police, and the bad administration of justice. 

Though all our statesmen and pbilantiiropists have of late become aware of the im- 
portance and convenience to tbe public of tbe establishment of the penitentiary sys- 
tem, the financial diftitulties, the little stability of our governmeuts, and the constant 
necessity in which we have been placed to defend our existence against the attempts 
of revolutionary bands— an object which has almost exclusively absorbed our atten- 
tion — have until now prevented the realization of this great social reform. Conse- 
quently, great criminals and petty offenders being indiscrimiaately mixed in our 
prisons, the contact, the association, and the example of the former have exercised a 
haneful influence on the latter ; and, generally, those who, having otfdnded against the 
law, are sent to our prisons and have remained some time in them, far from being 
reformed, leave the jail considerably worse than wheu they hrst passed under its gates. 
The improvement of our political state will also contribute to do away with, or at least 
to lessen, the bad effects of this cause ; and the reform of our prisons, directed first of 
all to the total separation of prisoners, must be, according to public opiuion, one of 
the first objects to which governuient ought to devote its acteutioa, as soon as we have 
put into practice the principle that authority cannot be relbrmed by any other means 
than the pacific action of the laws, and that in con.sequeuce people are no longer exclu- 
sively preoccupied with the care of their own preservation. 



100 INTERNATIONAL PENITENTIARY CONGRESS. 

§ 8. The cbief causes of crime in the Netherlands are stated to be the 
■want of education, drunkenness, and the desire to make a figure beyond 
one's means and position. In the case of young prisoners, there may 
be mentioned, in addition, the influence, often pernicious, of a second 
marriage of their parents, which not unfrequently, by embittering the 
position of the children of the first marriage, deprives them of the 
salutary influence of family-life. 

§ 9. Crime in Norway, being for the most part a violation of the rights- 
of property and assaults on the person, is traced mainly to laziness, drunk- 
enness, bad company, neglected education, and the want of good home- 
influences. 

§ 10. In answering this question for Eussia, Count Sollohub says : 

The cause of crimes in my country arises from a certain oriental fatalism, wbicli 
enters profoundly into the character of the people. This fatalism, which is associated 
"with a profound religious faith, inspires frequently a singular indifference to life and 
death, to the enjoyments and privations of life, sometimes even to moral good and evil. 
The result is a spirit of indolence, which, however, is often roused by the temptation 
to drunkenness and the excitements occasioned by it. 

At the same time the count avers that the want of a general system 
of elementary education, abuses tolerated by a still defective adminis- 
tration, and a legislation which is not yet definitely settled, contribute in 
propagating lamentable disorders. He holds that, in the Eussian peni- 
tentiary system, the cause of criminality must be kept in view, just as^ 
the cause of disease should not be ignored when the ijhysician proceeds 
to treat his patient. 

§ 11. The chief causes of crime in Sweden are the want of proper care 
in youth, bad company, evil examples, poverty, and the love of strong 
drink. An additional cause is that he who has once fallen into crime 
and been imprisoned for itis generally repelled and left without help in his 
efforts to gain an honest living. The re-admission of liberated prisoners 
into society is the more difficult, as by existing law every i^erson who 
has been sentenced for theft, forgery, murder, &c., is further sentenced 
to loss of civil rights for a time (at least five years) or for life. This 
covers him with infamy, and consequently excludes him from all the 
rights and advantages pertaining to honorable men. His civil degrada- 
tion is entered on his certificate of conduct. 

§ 12. The question of the causes of crime is elaborately and ably 
treated in the report from Switzerland, a mere enumeration of which 
only can be given by the undersigned. These causes are said to be 
malign or defective education, abnormal family relations, sensualism, 
recklessness, drunkenness, and want of a trade or other regular business. 

§13. Tlie prevailing cliai-acter of crime in the United States is hard 
to define. In (lie South and West crimes of violence, in the North and 
East crimes of fraud are common, an<l theft ])revaijs very generally, 
though not so much as in ]Ourope, Many of our most accomplished 
thieves ajid burglars come to us from the old country. Intemperance 
is aproximat*^ cause of much the greater number of ci'iiues here ; ori)han- 
age, idleness, the Aviint of fan)ily goverinnent, and the wretched home- 
life, or lack of lionie-iiCe, in gicat cities, ai'c leading causes of crime. A 
desire to lixc w itiiout work lejids to much crime here, as well as in other 
countries. 

§14. No information is furnished on this subject by the English or 
Irish rejKuts. 



LIBEEATED PEISONEKS AUSTEIA — BELGIUM, ETC. 101 



CHAPTEE XIII. 

LIBEEATED PRISONERS. 

§ 1. The eflbrt to procure work for liberated prisoners has, in Austria, 
beeu limited, hitherto, to this, that those who have learned a trade in 
prison receive a letter stating that they have done so, and those who 
have shown themselves particularly attentive receive a testimonial to 
that effect. In particular cases steps are taken on the part of the offi- 
cials to procure work for those prisoners whose conduct has been, 
exemplary and who have given proofs of firmness. The results, how- 
ever, have been too isolated to aflbrd any statistics upon the subject. 

There is only one Liberated Prisoners' Aid Society, which is in Vienna. 
All efforts on the part of the prison directors to call into existence simi- 
lar societies elsewhere have been unsuccessful. The .society in Vienna 
limits its operation to supporting liberated prisoners till they shall have 
found occupation, and to aiding them with tools, clothes, &c. 

§2. No prisoners' aid or patronage societies are found in Belgium; 
but the government has not lost sight of this important point. Efforts 
were made in 1848 to organize such associations; but, unhappily, the 
measures taken were not crowned with success. While waiting, the 
xidministration seeks the best means for assuring to liberated prisoners 
an effectual protection, so as to prevent their falling back into crime. 
A special credit figures even in the budget of the department of justice, 
permitting the administrative commissions of reformatory institutions 
to extend aid to their liberated inmates. 

§ 3. In 1859 prisoners' aid associations were formed for each of the 
four great prisons of Denmark. Their action is limited to released pris- 
oners. Each prison has thus its own society, founded by private liber- 
ality alone, which is to be considered as a charitable association ; and it 
is thought to act best in that manner. The societies have annual gen- 
eral meetings, by which the administrations are elected. On the admin- 
istrations there are always chosen some of the functionaries of the pris- 
ons, so that they may be put into direct relations therewith. As mem- 
bers of the administration, there are particularly selected citiaens who 
carry on an extended business as manufacturers, merchants, artisans or 
agriculturists, and who have great influence, because they have it in 
their i)ower to employ a large number of workmen. Once a month some 
member of each society appears in the prison to see the prisoners who 
are to be released the ensuing month. Their behavior is examined, and 
an agreement is made in regard to tendering the help that, according 
to circumstances, seems to be most fit. Not all prisoners are assisted, 
but mainly those who, on account of their diligence and good behavior, 
are recommended by the director. What, next to the behavior, is most 
taken into consideration is their age, their want, and their earlier life. 
The younger are especially helped by getting them into service ; the 
older, by money ; the artisan, by tools, &c. On the greater part the 
help is bestowed as a gift,, but on some as a loan. Some are only prom- 
ised help on condition that they first manifest their will to help them- 
selves. All about, in the country, the society has its agents, to whom 
it confides its wards. These societies appear thus to be well organized. 
Every year they awaken a greater sympathy, and the number of their 
members increases. For ten years the state has given an annual sub- 
sidy ; and the most clieering circumstance is that the municipal author- 
ities, as well in the towns as in the country, more and more make annual 



102 INTERNATIONAL PENITENTIARY CONGRESS. 

contributions, making it clear that the cause has been approved by the 
people. Several legacies have been left to 'the associations, the interest 
of which is to be expended in procuring clothes for released prisoners. 
The largest of these bequests is $5,500. 

§ 4. Up to the present time the patronage of liberated prisoners has 
not been generally or systematically organized in France. The Abb6 
Coural founded in 1842, near Montpellier, under the title of Solitude of 
Nazareth, a refuge designed for the liberated females of the south. The 
Sisters of Mary- Joseph, in imitation of this example, have founded seven 
other refuges near the central i)risons, for women. There is only one 
establishment of this kind for men, the asylum of St. Leonard, at 
Couzon, (Rhone.) The results of the refuges devoted to women are good ; 
those obtained at the asylum at St. Leonard are less satisfactory. 
Two active and successful patron age- societies, in aid of liberated 
Protestants of both sexes, have been for some years in existence. Since 
the official report was made to the congress, a central patronage society 
has been established in Pai^is, which proposes to found branches in all 
parts of France, as may be found practicable. The administration is 
earnestly engaged in seeking the means to increase the number of in- 
stitutions similar to those mentioned above. 

What is said above relates exclusively to adults discharged from> 
prisons. The liberated juveniles of the department of the Seine are- 
placed under the patronage of a society which facilitates their admission 
to provisional liberty and aids them in acquiring a trade. No better 
planned, efficient, or successful organization of the kind exists in any 
part of the world. It is but fair to the i)enitentiary administration of 
France to say that this last statement is not contained in their report j 
the responsibility for it is assumed by the undersigned. 

§ 5, Germany responds as follows : 

(1) In Eaden, the directors of the penitentiary establishments are 
required to enter, for this purpose, into correspondence with the 
authorities of the political administration some time before the libera- 
tion of each prisoner ; it is made the duty of these authorities to unite 
with the prisoners' aid societies and with the local authorities in j)i"0- 
vidiug for liberated prisoners. This measure is only of rec'ent date, 
and its results have not yet shown themselves to any great extent.. 
They cannot fail to be good. 

Prisoners' aid societies exjst in twenty-one out of fifty-nine districts.. 
The results are satisfactory. 

(2) To procure work for those liberated prisoners who are considered 
as improved, the administration in Ijavaria puts itself into communica- 
tion, while the i)risoner is still under their care, with honest employers, 
with benevolent societies, with the parish vestries, or with other author- 
ities. The ])risoner receives on liis dismissal, if necessary, clothes and 
traveling expenses from the funds of the prison. By these jueans i)ris- 
onerH are often i)reserved irom relapse. 

In every province of the country there exist liberated prisoners' aid 
Hocieties; these are, liowever, hampered in their activity by ignorance, 
and the little- interest Avhich exists in the mind of the public, in many 
j)lac('S, respeeting their objects. Hut tlu^ Municli Society, which has 
cxist<!d for eleven years, Ijas found enq>h)ymeiit for 1,182 dischargwl 
prisoners, of whom 'Ml have relapsed, \\liile 805 condu(;t themselves 
well, and may be, consideii'd as refoinied. The objects of these societies 
are to receive into a relnge, l,li()s(i who are homeless, to try to i)rocurc 
them work', to give help — more especially in tin; shape of tools — and to- 
watch earefully tlie conduct of each tlischarged prisoner. 



LIBERATED PRISONERS GERMANY ITALY, ETC. 103 

(3) In Prussia, the administrative antliorities of prisons use their best 
efforts to obtain protection and work for liberated prisoners. For this 
I)iirpose they communicate with the minister and authorities of the 
birth-phiee or residence of tlie prisoner, and, wherever they exist, with 
prisoners' aid societies. Owing- to the rehictance of masters and work- 
men to have rehatious with liberated prisoners, the efforts made to aid 
them have not been satisfactory in their results. 

Aid societies exist in many towns, bat they have neither a common 
organization nor a common center which unites them ; and many more 
are wanted to make them bear any just proportion to the extent of 
country. Their number is too small and their action too feeble suffi- 
ciently to realize the objects they have in view. The aim of these so- 
cieties is to give temporary shelter and work to liberated prisoners, 
either in asylums provided by the society or in the houses of j)rivate 
persons of honorable character. They seek in every possible way to 
maintain relations with their wards, in order to aid them with counsel 
or pecuniary gifts. 

(4) Saxony communicates no information on this point. 

(5) In Wiirtemberg there has been a patronage society for liberated 
jjrisoners, W'ith branches in the different districts of the kingdom. It 
has 3,000 members. It seeks to aid its wards by obtaining work for 
them, and by supplying them with tools, raw material for manufacture, 
clothes, bedding, &c. 

§ 6. In Italy certain religious associations possess funds that may be 
used in aid of liberated prisoners ; an occasional patronage society exists 
in some of the cities. Such societies are what remain of institutions, 
more or less ancient, which were religiously preserved and even protected 
by the Italian government ; but there are none of any great importance, 
except at Milan, Turin, and Florence. The government has sought to 
extend institutions of this kind; but down to the present time, such 
institutions are too few in number and too liujited in means to justify a 
prediction as to whether they will take root in the social soil of Italy, and, 
if so, whether their rules should be preserved or modified in order that the 
best fruit for which they were founded may be obtained from them, 

§ 7. The commissioners who prepared the report for Mexico state that 
as regards the federal district — the only part of the republic of which 
they have any positive information — committees of vigilance are being 
established, and to them, among others, belongs the duty of aiding dis- 
charged prisoners in finding work. 

§ 8. The Netherlands government, as such, does not charge itself offi- 
cially with the care of liberated convicts ; but many directors of prisons 
take great pains to find work for them, and generally they have cause 
to congratulate themselves on the result of their efforts. The greater 
part of the directors, however, are reported as too indifferent to concern 
themselves much about the matter. 

The Netherlands Society for the Moral Amelioration of Prisoners has 
for its object, not only the visiting of prisoners, but also the manifesta- 
tion of an interest in their welfare after their discharge from prison. 
This society counts forty branches, scattered throughout the whole king- 
dom, and corresponding members in thirty-seven places where tJiere are 
no branches. To some of the branch societies are attached committees 
of ladies. As regards the prisoners, a variety of methods is employed 
to encourage and help them. They procure situations for them at serv- 
ice, place them in the merchant-marine, supply them with tools, obtain 
for them some little industry or business, provide them with the means 
of emigrating, &c. The results differ, as a matter of course ; but the 



10-4 INTERNATIONAL PENITENTIARY CONGRESS. 

society accomplishes much, and often sees its efforts crowned with suc- 
cess. 

§ 9. With a view of guarding released prisoners from relapse, efforts are 
made in Norway to procure work for them, to get positions for them as sail- 
ors, to aid them with tools, money, clothing, &c. At the same time, it is 
thought that too much assistance weakens their moral forces. There 
exist a few discharged j)risouers'aid societies, but they lack the means 
to do their work as extensively and efficiently as would be desirable. 

§ 10. Hitherto little has been done in Eussia to aid discharged pris- 
oners in obtaining work. The first patronage society has just been offi- 
cially established in St. Petersburg. 

§ 11. Prisoners' aid societies exist at present only in two provinces 
of Sweden. They aim at obtaining work for iirisoners in the houses 
of steady masters ; they also supply clothing, and sometimes make ad- 
vances in money on the prisoner's work. Occasionally those express- 
ing a desire have received aid to enable them to emigrate. Of late 
years it has been proposed to make greater efforts to give a more prac- 
tical direction to the labors of these societies. They have started out 
on the principle that if habits of order and cleanliness are obtained by 
the discipline of the prison, and the time of imprisonment is properly 
employed in the moral education of the prisoners and in giving them 
skill in industrial and agricultural labor, the societies can more gener- 
ally find them work immediately on their liberation. For prisoners for 
whom work is not at once obtained, it is proposed to establish agricul- 
tural colonies, where they may learn order in work and skill in certain 
branches of farming, so as thus afterward to be able more readily to 
earn an honest living. 

§ 12. Patronage societies are organized in nearly ail the cantons of 
Switzerland. That in the canton of St. Gall was established in 1839, 
thirty-four years ago. It was made by law^ the duty of every prisoner, 
who ^Yas a native of St. Gall, or had his domicile there, to place himself 
for three months at least under the protection of the society. Where- 
ever patronage societies exist, thej^ aid discharged prisoners by their 
counsels, watch over their conduct, shield them from evil enticements, 
and purchase the clothing, tools, «&c., which may be needed by them. 
They endeavor to aid their beneficiaries by procuring work rather than by 
giving them assistance in money. But, in spite of all these efforts, the 
results do not correspond to the desires of tlie friends of prison reform. 
There is not sufficient unity in the organization of patronage. This is a 
great inconvenience, which the Swiss Society for Penitentiary Eelbrm is 
seeking to remove, by bringing into mutual relation all those persons 
Avlio, in the ditlerent cantons, occupy themselves with the patronage of 
lilx/ratcd ]uisoners. 

§ l.'J. The work ofaidingliboi-atod prisoners, and thus seeking to prevent 
their return to crinio, is by no means as extensively or as thoroughly 
organized in the United States as it ought to be. Massachusetts lias an 
ofiieial agency for this purj)Ose, which has accomplished and is accom- 
])liHliing an iinnienso amount of good. The New York Prison Associa- 
tion, the lMiihj(U'li>hia I'rison Society, the Calilbrnia Prison Commission, 
and tlie Maryland IMisonc^rs' Aid Association are the (bur most efficient 
organizations of this kind in the country. There are a few minor organ- 
izations in different I()(;alities, more or less useful ; but their work is, for 
the most ])art, r<sti icted for the want of sullicient jneans to make it 
broader and nion^ effective. Jt will be the work of the National I'rison 
Association to organize such agencies in all the- States where their or- 
ganization may be found practicable. 



LIBERATED PRISONERS NORWAY RUSSIA, ETC. 105 

§ 14. The patronage of liberated jorisoners is more extensive, more 
thorouglily organized, more active, and more successful in England than, 
perhaps, in any other country. Some forty associations of this kind are 
found in the metropolis and the counties. They aid, annually, over 6,000 
released prisoners. The assistance given differs according as it is granted 
to men or women. That accorded to men consists in procuring 
work for them and in furnishing them, while awaiting employment, 
board, clothing, &c. Two societies, however, have founded, each, a ref- 
uge for men. One of these deserves special mention. It has an aver- 
age number of thirty-three men, occupied in making mats. It is the In- 
dustrial Home of Wakefield, in connection with the prison of that name. 
During a period of seven years this establishment has received 942 
beneficiaries. The proceeds of their labor have sufficed to defray all 
expenses, and the men commonly earn a surplus of a few shillings each 
weekly. On the 30th of September, 1871, there was in the treasury be- 
tween $4,000 and $5,000 of surplus earnings. 

The assistance given to women is solely through the agency of ref- 
uges. It is, in fact, difficult to find immediate employment at domestic 
service for a woman just out of prison. She requires to be subjected to 
some preliminary probation. Discharged female prisoners themselves 
feel the necessity for this support which preserves them from fresb 
temptations. Hence they seek the interposition of aid societies in 
much larger proportions than men. 

§ 15. Ireland has no patronage society for its convict-prison. The in- 
termediate prison at Lusk, with its agent for discharged prisoners, does 
all that is necessary for men, and two refuges, one Catholic, the other 
Protestant, for women. 



C H A P T E E X I Y. 

SUGGESTIONS RELATING TO REFORMS. 

The following was the closing question of the series addressed to 
governments, the replies to which have furnished the comprehensive 
and valuable information contained in the preceding chapters, viz : 
''Are you satisfied with the penitentiary system of your country? What 
defects, if any, do you find in it"^ What changes or modifications would 
you wish to see introduced?" The substance of the answers returned 
will be embodied in the present chapter. 

§ 1. The answer of Austria is that the system of imprisonment as it 
exists in that country suffers from the fiict that there is too great a 
uniformity in the punishment, and that there is not a prison for each 
kind of punishment. This, it is said, interferes with the effect of the 
various kinds of punishment, especially with those of a strict character. 
To remedy this it would be desirable, the report states : 1, to lessen the 
various kinds of punishment in number, and, if possible, to reduce them 
to three ; 2, that every one of these punishments be characterized by dif- 
ferences in the dietary and treatment of the prisoner; and, 3, that every 
kind of of punishment be undergone in prisons si)ecially designed for it. 

§ 2. Belgium replies that she is satisfied with her existing system, in 
so far as that reply is not applicable to establishments on the congre- 
gate plan, and that the transformation of these into cellular prisons is 
actively i^rogressiug. 



106 INTERNATIONAL PENITENTIARY CONGRESS. 

§ 3. Under certain reserves tbe French report points out the follow- 
ing reforms and ameliorations as desirable in the penitentiary system r 

1. The abolition of the punishment of imprisonment for offenses of little 
gravity, in place of which should be substituted, as far as possible, 
pecuniary penalties, the temporary privation of certain civil rights, &c. 

2. The definitive choice of a system of imprisonment for prisoners 
awaiting examination or trial and for those sentenced to ])unishments 
of a duration not exceeding two years. 3. The adoption of a peniten- 
tiary system applicable, under different degrees of severity, to : 1, cor- 
rectional convicts, sentenced to a punishment of two years and overj 
2, reclusionaries ; 3, persons sentenced to hard labor. 4. The organi- 
zation of patronage societies, to which liberated prisoners may have 
recourse on their discharge from the penitentiaries. 

§ 4. The German states represented in the congress give answer thus : 

(1) Baden says that she is satisfied with her penitentiary system, 
since the cellular system, as a rule, is adopted. 

(2) Bavaria replies that the system of associated imprisonment which 
exists in most of her prisons cannot be considered satisfactory, par- 
ticularly as the greater i>art of them are old castles or convents, which 
are ill-adapted to purposes of imprisonment. 

(3) The answer of Prussia is given in tlie words of the report, as 
follows : 

In maaj" respects tbe orgauizatiou of Prussian prisons may he considered perfect. 
Order especially characterizes the administration. The assiduoascare taken in regard 
to the prisoners in all respects and the eiforts made to give them work suited to their 
capacities are beyond reproach. The discipline, severe, yet just, is excellent. The 
instruction and religious exhortations are efficiently and carefully given. On the 
other hanit, our system has some grave defects which urgently demand tbe retnedy we 
are earnestly striving to tiud. Part of tbe prisons require complete rebuilding ; others 
need internal reconstruction ; a general rule enforcing the separation of prisoners at 
night is urgently required, and their isolation, both by day and night, ought to be more 
extensively applied. We need tbe application of cellular imprisonment in all cases of pre- 
liminary detention and of short sentences. We think this system also indispensable tor 
the objects aimed at m all pcmitentiary reclusion, and we consequently propose a pro- 
portional increase in tbe number of cells. We ought also to devise means for permitting 
tlie prisoners to work in tbe open air more than they do at present, and to etfect this 
change in such a nuinner that the new measure may serve as a preparatory step for 
the prisoner's return to liberty. It is moreover very requisite to care more for the 
preliminary training of the inferior ofGcera, to increase their number, and to give them 
facilities for passing, after a certain length of service in prisons, into other branches 
of the state-service. Lastly, to solve the difficulties which till now have obstructed 
elfective prison-reform in our country, wo must create a central organization which, 
would regulate prisons of every kind and have due regard to the interest of every 
nature connected with prison administration. 

§ 5. Norway replies in a very general way, with no definite i)roposi- 
tion of interest to other nations, except that tavoring the establishment 
of separate prisons for women. 

§ 0. iloilaiid says that the greatest delect in her penitentiary system 
is tliat tlierc, is no system, or, ratlier, that the two systems of associated 
and ccllulai- iinprisomiieut are applied without any uniform rule, and 
without placing tlieiii in a harmonious relation to each other. Hence 
there is a pictty gc'ueral agrcH'inent that a reform is nec(!ssary, and that 
it should have mainly twoobjects in view: a revision of the ])enal laws, 
whiich wonhl intro(hic(5 a more uniform and more harmonious system of 
imprisonmeni, ami a serious elfort to give greater dignity to the jSosi- 
tion ol" tiie directors and emi)lo.v(''s, aiul to open these olfices to men of a 
high ',r e(lu<jation. \VIiat(iverdifferenc«is of oi)iuion may exist as regards 
the, system to be folh.)W(Ml, (and tliey are great, since all the systems 
which divide, savans find their partisans,) on these two points there is «. 
very general agreement. 



EEFOKMS FRANCE GERMANY NORWAY, . ETC. 107 

§ 7. Couut Sollolinb, replying for Russia, siibmitted a special and 
very able paper on this poiut, developing a complete penitentiary sys- 
tem, which he had drawn up and presented to the imperial government, 
as president of the commission on penitentiary reform for the empire. 
This paper, the 'production of a profound and, for the most part, right- 
thinking intellect, though long, is too valuable to be omitted. In sub- 
mitting it to the congress, the count remarked that the brief view, pre- 
sented by liim, of the present state of the prison question in Eussia 
sufficiently showed the urgent need of reform in his country. He said 
that the imperial commission, over which he has the honor to preside, 
had just completed the draughtof a prison system, which was about to be 
revised by the proper authority, and he judged that it might have some 
interest for the eminent specialists then assembled in London. At all 
events, he desired the criticisms of his honorable colleagues in the con- 
gress, it being understood that the i)lan proposed is based chiefly on 
the circumstances and necessities of his native country. 

The penitentiary system proposed by the imperial commission is, it will 
be seen, in the form of a bill or project of law, to be enacted by the 
supreme law-making power of the empire. It is in the words follow- 
ing, to wit : 

I.— Classification of the Places of Imi'risonment. 

1. All the places of imprisonmeut iu the empire are divided into: a, preliminary; 
1), penal. , 

2. The places of preliminary imprisonment are used for the incarceration of: a, 
persons awaiting examination or trial ; b, persons convicted and awaiting the execu- 
tion of their sentence ; c, persons arrested by the police. 

3. The places of penal imprisonment are used for the incarceration of jjersous sen- 
tenced by judgment of a court. 

4. The'places of preliminary imprisonmeut are subdivided into: a, police prisons ; 
i, houses of justice. 

5. The places of penal imprisonment are subdivided, according to the duration of the 
detentions, into : a, short duration ; J>, moderate duration ; c, long duration. 

6. The places of penal imprisonment of short duration are: a, jails (ies arrefs;) * 
T), houses of amendmeut.t 

7. The places of penal detention of moderate duration are houses of correction. 

8. The places of penal detention of long duration are convict-prisons, {maisons- 
deforce.)t 

9. All prisons are divided, according to their localities, into : a, provincial ; Z», cen- 
tral. 

10. The provincial prisons are: a, police prisons; I, houses of justice ; c, jails; d,. 
houses of amendment. 

11. The central prisons are : a, houses of correction ; 6, convict-prisons. 

12. The provincial prisons are considered, as regards revenue, unproductive. 

* We have nothing in this country corresponding to the prisons here called arrets 
They seem to answer most nearly to our county jails, particularly in that function of 
these latter whereby they become places of punishment for persons convicted of trivial 
offenses. But the main function of our jails is to serve as prisons of preliminary de- 
tention. With this explanation, I translate the term arrets by our word jail, as our 
language appears to afford no other. — E. C. W. 

+ This is another class of prisons for which we have no equivalent. Both the thing 
aud its designation are wanting with us. The proper translation would be " houses 
of reformation," or " reformatory prisons ; " but, as will be seen, the term of imprison- 
ment in them is limited to three months and they are intended to act by intimidation, 
so that both the duration of the imprisonment aud the predominant agency to be em- 
ployed are against the idea oi reformation, properly so called. The only thing I could 
do, therefore, was to transfer, without translating, the original word amendment, and 
leave the reader to interpret it for himself. — E. C. W. 

t These correspond most nearly to our state-prisons and the English convict- 
prisons, being intended for prisoners guilty of the more heinous crimes. The expres- 
sion by which they are designated, maisons'de force, will be translated, in this version,. 
convict-prisons. — E. C. W. 



108 INTERNATIONAL PENITENTIARY CONGRESS. 

13. The central prisons are considered, as regards revenue, productive. 

14. Besides the prisons above mentioned, there shall be established in the empire 
Tefuges and penitentiary colonies for juvenile prisoners. 

II. — OllGAXIZATIOX OF THE PlUSONS. 

15. The reform and organization of the prisons of the empire shall be effected grad- 
iially, but all the kinds and gradations shall be established simultaneously in the dif- 
ferent provinces. 

16. Imprisonments made by the police take place, in the districts, near the com- 
munal administrations; in the cities, near the police-stations and their sections. 

Oiservation. — The prisons may also serve for persons arrested by the administration. 

17. Houses of justice for preliminary detention shall be established in the cities of 
the provinces and of the districts, and 'in other localities, if necessary. 

18. Houses of justice shall be established, as far as possible, in connection with edi- 
fices devoted to judicial purposes. 

19. Preliminary and penal prisons cannot be established in the same building. 

20. Jails, {les arrets,) where punishment for light o&enses (contraventions) is under- 
gone, shall be established in all cities, and in other localities, if necessary. 

21. Houses of amendment shall be established in all provincial and district cities 
where they are needed. 

22. Houses of correction shall be established only in places where orders for the pro- 
ducts of industrial labor are likely to be received. 

23. Convict-prisons shall be established in the neighborhood of coal-beds, stone 
quarries, salt-pits, and other localities suited to the organization of toilsome and pro- 
ductive industries for long terms of imprisonment. The punishment of " bard labor" 
(travaux forces) shall not be applied exclusively in countries outside the limits of Euro- 
pean Russia, (Siberia.) 

24. In the central prisons the establishment of hospitals is obligatory. In other 
prisons, hospital treatment is to be provided as far as possible. 

25. Baths and, if possible, hospitals for the prisoners shall be established within the 
inclosure of the i)risons, but separate from the main buildings. 

26. The houses of justice and of amendment require two courts— one for the admin- 
istration, the other for the prisoners. 

27. A third court for the work-shops is required in the central prisons. 

28. Stores of wood, sheds for tools and farming implements, the cellars, the stables, 
shall be placed outside the prison inclosure, in the court devoted to the general affairs 
of the establishment. 

29. Near the houses of justice, the jails, and the houses of amendment there shall be 
arranged small gardens, in which the prisoners can take exercise. 

30. Near the central prisons there shall bo allotments of ground for cultivation : for 
houses of correction, not less than five acres per hundred i)risoners ; for convict prisons, 
not less than twenty-seven acres per hundred ])ri.soners. 

31. All the persons employed in tlio houses of justice, the houses of amendment, and 
the central prisons, except the head of the establishment and the overseer-iu-chief, 
(male or female,) shall have their lodgings in the court devoted to the-general affairs 
of the establishment. 

32. There shall be a space of ground not loss than twenty-three yards in width for a 
circular road around the central prisons. This principle is not obligatory for the other 
])riHon3. 

III.— Discipline of the Prisons. 
A. — General regulations, 

33. The discipline of all the i)risonH shall have for its base the three following prin- 
ciples : justice, gMardiaiislii|); nationality. 

34. The system of discipline of all tlie prisons shall have in view: 1. For prisoners 
awaiting trial — a, tln-ir complete sei»aration, to pii!V(!nt all connivance ; h, the preven- 
tion of tiio asHociatioii of prisoners cliarg(5d witli olVcMises of different degrees of guilt; 
r, the enjoyment of ;ill inivilcgos and comforts not inconsistent with the course of 
jiisfice. 2. For iJiisoncrs nndcr Hcuteiice — <(, the just iiuiiishmont of the crimes of 
wJiicli tli(;y have bei'ii judicially declared guilty; h, the exercise of a guardianship, 
Avliich lias in view the destiny of the convicts after tlniir lil)eration. 

From this last c.onsiileration arise the essential exigencies and special aims of the 
Hystem : a, for jails, admonilion ; h, for liousos of amiMiduient, intimidation ; c, for 
houses of correctiou, piinixlnnrnt, comldned with a system of education, of industrial 
labor, and of preitaration of tiie prisoners for a return to society; d, for convict-prisons, 
thantinrinrnl, witli toilsome labor, having in view the ulterior colonization of tho 
convicts. 



REFOEMri — RUSSIA. 109 

35. Churches are obligatory in all central prisons. In other classes of prisons chap- 
els only will be required. Images shall be iilacecl in all the rooms appropriated to 
prisoners. 

36. There shall be special regulations for each kind of imprisonment. These regula- 
tions "will form a general code. ° 

Observation. — There shall be given, in addition, by a competent authority, personal 
instructions to each head of a prison. 

37. Every prisoner shall be placed in the kind of prison named in the sentence of 
the court. . • 

38. The provincial prisons may receive into the same building the two sexes under 
the same administration, but the parts of the prison appropriated to each sex must be- 
entirely separated from each other. 

39. The central prisons, for each sex, must be separate and distinct establishments. 

40. The system of association at night (and of beds on planks) is abolished. For the 
houses of justice and of amendment there shall be the system of complete separation 
between the prisoners ; for the central prisons, the system of separation, by night, in 
common dormitories.* 

41. In the prisons of preliminary detention, labor is not obligatory; it is obligatory 
in all other classes of prisons. 

4'2. All changes in the distribution or placing of prisoners during the day shall be 
effected, in the penal prisons, by the ringing of a bell. 

43. There shall be, in all peual prisons, modes of encouragement, consisting of privi- 
leges granted to the prisoners. 

44. There shall be, in all detention-prisons, a system of disciplinary punishments. 
Corporal punishment shall be permitted only in convict-prisons. In all other prisons, 
there shall be allowed only incarceration, more or less rigorous. 

45. The masiuuim duration of imprisonment is fixed : a, for jails, at three months ; 
&, for houses of amendment, at one year and four months; c, for housQSof correction,, 
at one year to four j^ears ; d, for couvict-prisons, from six years to life. 

46. In the cellular houses of amendment, the duration of imprisonment shall be re- 
duced by one-third. t 

47. The mode of transferring prisoners will be made the object of a special regula- 
tion. 

B. — Special regulations. 
1. For ]iolice-imprisonments : 

48. The detention-houses in the communes and police-districts have, for their end, only 
to provide for the safe-keeping of persons awaiting examination. 

49. Every person who has given occasion to a judicial prosecution shall be kept in 
separate confinement, wherever it is possible. 

50. Preliminary police-imprisonments shall be conformed to existing laws. 

2. For imprisonments in houses of justice: 

51. Wherever it is possible, conveyance to houses of justice shall take place in cellular 
carriages. In cases where the prisoners are taken on foot, they shall have the right to 
w^ear a hood on the head. 

52. Individuals confined in houses of justice shall be placed at first in receiving-cells,, 
from which they shall be taken, in rotation, to go through the formalities required by 
law, to be submitted to the inspection of the doctor, and to undergo the prescribed 
ablutions. 

.53. The prisoners have the right to keep their own clothing, unless it is worn out or 
too much soiled. In that case, they will be fiiruislied with clothing by the establish- 
ment, but of different color and cut from that prescribed for convicts. 

54. Photographs of prisoners shall be taken, it it is considered necessary. 

55. Every article found on the prisoner, except his clothing, his shoes, and his linen, 
together with his baptismal cross and marriage-ring, shall be talcen from him and kept 
in a place devoted to that purpose. A receipt shall be given to the prisoner for the 
money and eft'ects placed in this repository. 

56. The cell of the prisoner must be, in its dimensions, not less than fifteen square 

* An apparent contradiction ; but the arrangement seems to be this : The dormitories 
are to be common, with small apartments, or cells, arranged round their walls, by 
which the separation is effected. — E. C. W. 

t Some members of the commission voted with the president. Count Sollohub, for a 
reduction of two-thirds. . . 



110 INTERNATIONAL PENITENTIARY CONGRESS. 

arclhics,'^ acd must contain at least three cubic sagenes* of air. Special care must be 
given to tbe lighting and ventilation of the cell. i 

57. It is permitted to prisoners to have their beds, furniture, books, and , writing- 
materials. 

5S. Prisoners vrbo desire to work shall be encouraged therein. Three-fourths of their 
earnings, after deducting the cost of material, shall belong to the prisoner. The other 
fourth shall be deemed the revenue of the establishment, for the purchase of tools, 
materials, «&sc. , 

59. The prisoners shall have the legal rations of the prison and shall receive half a 
pound of meat per day ; but they have the right to better diet, if they have the means 
of paying for it. 

00. Prisoners have the right to smoke, but this privilege shall be witbdrawn from 
those who use fire imprudently. 

61. The prisoners shall have the right to take exercise, but their head must be cov- 
ered with a hood, and they must walk five paces apart. 

62. Interviews with relatives and visitors will be permitted only with the sanction 
of the counsel of the government, who v/ill arrange the conditions of these interviews. 

G'i. The chaplain of the prison is bound to visit each xu-isoner at least twice a week, 
and oftener if it is thought necessary. 

64. The counsel of the prisoner shall have free admission to him at all times. 

65. Persons sentenced by the court shall await the issue of their appeal, or the exe- 
cution of their sentence, in the cells where they were previously confined, but they 
shall be deprived of all the privileges before accorded to them. 

3. For iails: 

66. Punishment in jails shall be undergone in virtue of the imperial decree of the 
4th July, 1666. I 

4. For houses of amendment : 

67. Sections 51, 52, and 62, relating to bouses of justice, shall be applied to the 
houses of amendment. 

68. The prisoners shall wear the prescribed dress. 

69. The prisoners can neither smoke nor make use of their money. 

70. The prisoners will be required to work eight hours a day at task-work. Two- 
1 birds of their earnings will belong to the establishment; the remaining third shall be 
placed to the credit of the jnisoner, but he will not be permitted to use it till after bis 
iil)erati()n. 

71. Alf prisoners shall have the same rations. 

72. Th(; dimensions of the cells shall not exceed fifteen square arehines. 

73. Interviews with persons from outside shall not exceed one per month. The visits 
of the chaplain, the doctor, the officers, and of members of j)hilaTitliroi)ic societies, are 
not subject to this regulation. 

74. Prisoners shall be permilted to work over and above their task and beyond 
Ihe hours i)rescribed. The amount of this- additional work shall be ]}laced to their 
credit. 

75. Prisoners who shall have finished their terms shall be immediately liberated. 

5. For houses of correction : 

76. The term of imprisonment is from one year ^minimum) to four years, (maximum,) 
without romiffsion. 

77. TJie prisoner confined in a house of correction shall undergo a preliminary cel- 
lular imprisonment, whose duration shall be fixed by the court. If tliis duration is 
not meiilioiied in tlie sentence, tlic prisoner shall be isolated only during the legal 
lerni. In l)oMi cases the administration has the right to reduce the period of comidete 
isolation to lh(! ininimum fixed by tlu' law.t 

7H. The syslciti fur houses of (•(urcc) ion, in lis rigor, shall be that of work in associ- 
alion l>y «lay and (>f s(|)araiion )>y night. 

79. Every person confined in .-i house of correction is bound to work ten hours a day 
witiiont rfceiving any part of his cariiiiigs. This hibor is employed in domestic serv- 
ice, laundry-work, and tillage. 'J'he prodiwt of this lahor is applied to the support of 
l,hf) [irison. 

80. 'J'he dnralion of this labor may be reduced to four hours a day, if the prisoner 
oxprcHHCH a desiro to occupy himself during the other 8i.x. hours in mechanical labors 



^ • An ardiine is a Russian measure of about tw o-thirds of a yard, and a sagrnc of about 
two yards and one-third. — E. C. W. 

f 'I'his ])aragraph was strongly confested. NevcrtlKilesH, the opinion that a i)e.riod of 
|)rclimiiji»iy isolation is unnecessary did not obtain a majority of votes. 



REFORMS RUSSIA. Ill 

Tvhich require no special knowledge. This is callerl "meclianical work," (travail mi- 
canique.) A third of his earnings when thus engaged goes to the workman; the other 
two-thirds are to the profit of tlie prison. 

81. Those who do not desire to work ten hours a da>y at " rough " work, nor sis hours at 
"mechanical" work, may learn any trade they prefer, whicli requires an effort of will 
and a sustained study. This is called " professional work," {travail jyrofcssionel.) Those 
who are learning a trade receive no benefit from their labor, and, in addition to eight 
hours given daily to their apprenticeship, must spend two liours ou "rough" work. 

82. As soon as a prisoner becomes master of a trade, he shall receive two-thirda of 
all he earns ; the remaining third is applied to the profit of the prison. 

83. Any prisoner who already knows a trade on his arrival at the house of correc- 
tion shall receive one-half the earnings of his labor; the other half shall go to the 
profit of the establishment. 

84. The foremen and apprentices of each trade constitute a distinct section. 

85. The Y>ersons who supply constant orders to the sections are denominated cura- 
tors (curatenrs) of the sections. 

Observation. — The director of the pi'ison can have work done, in exceptional cases, 
conformably to the regulations mentioned above. 

86. The rights and duties of the guardians (tuteurs) of the sections shall be regulated 
by law. 

87. The curators of the sections shall settle weekly their accounts with the director 
•of the prison iu cash, and the sums due to the prisoners who have become master-work- 
men, for their labor, shall be inclosed in the portfolios of each section separately. 
These portfolios shall be kept in a s^iecial case, which is itself locked up in the strong 
box of the government. 

88. The key of the case which contains the money of the prisoners shall be kept by 
the cashier, chosen by the sections. It shall be the duty of the cashier to be present at the 
weekly settlements between the curators of the sections and the sections themselves. 

89. No prisoner may keep his own money, nor exact, under any pretext, what has 
been set to his account under the name of profit. He receives only a little book, in 
which is kept the account of the product of his labor for each week. 

90. As an exceptional encouragement to industry and good conduct, one-fourth of 
their gains maj' be allowed to the sections for the purchase, through the agency of an 
inspector, of tea and any other authorized article. 

91. Each section will choose a chief, who shall be responsible for the order of the 
section. 

92. Each section shall be responsible for the escape of its foreman, and, in case of 
such escape, the said section shall forfeit its profits. 

93. The monitor, the inspector of the prison, and the chief shall be resiionsible for 
the order of each section during the hours of work. 

94. The movements of the prisoners will take place by couples, in military order, at 
the word of command and at the hours indicated. 

95. A school shall be established in every house of correction. 

96. The time spent in school shall be counted as time spent at "rough work," (travail 
<]romer.) 

97. On Sundays and holidays, after mass, the chaplain and the professors attached, 
to the prison shall hold conferences with the prisoners ; these conferences shall relate 
to religion, sacred liistory, geography, and scientific subjects. 

9.8. During the night the prisoners shall be confined in separate cell's, from which no 
one can go out without leave from the director of the prison. Silence is obligatory at 
night. The inspector is charged witk the duty of supervision. The dormitories must 
be kept lighted. 

99. Interviews with relatives and strangers shall be permitted at the times indica- 
ted by the regulations. 

100. When the term of the imprisonment ends, there shall be given, from the cash- 
box, to those liberated, the money earned by them, after which no interview shall be 
permitted them, under any pretext, with their former comrades. 

6. For convict-prisons : 

101. Convict-prisons shall be established for the imprisonment of all persons con- 
victed of felonies. 

102. The convict, who shall have merited, by his Industry and good conduct, an abbre- 
viation of his imprisonment, may obtain it on the order of the administration of the 
prison, but not before he shall have undergone two-thirds of his punishment. 

103. The prisoners who have not deserved an abbreviation of their sentences shall 
undergo in the convict-prison the entire punishment to which they shall have been 
sentenced. 

104. Those prisoners who serve out- their whole time are called convicts ; those who 
have merited a shortening of their punishment receive the designation o£ improved. 

105. In order to a transfer from the class of "convicts" to that of the " inqn-oved," 



112 INTERNATIONAL PENITENTIARY CONGRESS. 

the prisoner, in addition to good conduct, must have earned a sum determined by the 
regulation. 

106. In case of ill-conduct and indolence, the "improved" prisoner is again placed in 
the class of "convicts." 

107. The prisoner, on his admission to the convict-prison, shall be isolated from fif- 
teen days to a month, according to the determination of the administration. 

108. Tiie families 6f prisoners are not admitted into the convict-prisons. 

109. The convict-prisons are adapted to hard labor. 

110. The work is subdivided into "hard labor" and "prison-work." 

111. The "hard labor" is performed by the convicts in chains, which must be made 
according to the legal model; the "prison-work" is done without chains. 

Observation. — The chains may be removed, even during the execution of" hard labor," 
by permission of the director, in testimony of his confidence. The chains shall be 
re-imposed on those who show themselves unworthy of this indulgence. 

112. The convict-prisons should be established in localities which offer guarantee.? 
for hard labor, such labor constituting the punishment of the convicts. These guaran- 
tees are always necessary, and should be independent of accidents. 

113. The convict-prisons shall be established only in localities aff'ording ready com- 
munisation, or offering facilities for the sale of the products of prison labor on the 
spot. 

114. The industries for which the convict-prison is adapted may belong to the gov- 
ernment, or to a company or private person, if the latter can offer the requisite guar- 
antees. 

115. The administration of the prison shall not interfere with the industries. 

116. The convicts form only the motive-power of the industries. 

Ohservaiion. — Payment of the laborers shall be made at the times fixed by the con- 
tract and in cash. 

117. The places where the labor is performed shall not be more than 3^ miles distant 
from the prison. 

118. No convict can remain during the night outside of the prison inclosure. 

119. The duration of hard labor shall be fixed at twelve hours per day in summer 
and ten in winter. 

1'20. The administration of the prison reserves a certain number of prisoners to be 
employed, in rotation, in farm-labor, trades, and the domestic service of the prison, 
conformably to a special regulation. 

121. Convict-labor may be of two categories : 1, obligatory, for a fixed number of 
hours per day ; 2, voluntary. 

122. The product of obligatory labor belongs to the establishment. 

123. The product of voluntary labor forms a personal income, which is paid to the 
prisoner on his liberation. 

124. The prisoners may not engage in voluntary labor till they have finished their 
daily task of "hard labor" or "prison-labor." 

125. The director of the prison, in conjunction with the directors of the industries, 
shall determine the tasks to be performed by the convicts. 

126. The tasks allotted shall be performed by order of the administration. 

127. The administration of the prison must see that the prisoners do the full quantity 
of work assigned. 

128. The prisoner may engage in voluntary labor on account of the director of the 
industries, or at some mechanical occupation, as he shall elect. 

129. Prisoners under short sentences shall receive higher pay for voluntary labor thau 
tliose sent<;nced to long terms. 

130. During the Iu)nrs of labor, the prisoners shall be superintended by the inspect- 
ficH, and by tiie chiefs of sections, clidsen by tliemselves. Tiio work is to be performed 
under tlie direction of persons clnirged with tiiat fluty by the directors of the industries. 

131. According to tlio nature of tiio work, the convicts may separate into sections, 
under jiledge, ofalistaining from all disorder. 

132. The regulations for sections in houses of correction may bo adapted to couvict- 
prJHonerH. 

i:{3. One-fourth of the personal earnings of the convicts may be used in aiding their 
r«iniilies. 

131. Hetween imiJrisoiunent in convict-prisons and the definitive establishment of 
tiie lii)eratc<l )>riHoncrs in a country named by the government, the convicts will pass 
into a teiniiorary CHtalilislinient under the form of an agricultural penitentiary colony, 
where tiiey may be pr<-pared Cor their fntnr*! alKxh'. 

135. The penitentiary eoh)nies Nhall b(! cHtalilished in districts selected and set apart 
to lie, defmilivcly peojded liy liherated convict.s. 

Klf!. fliiniinalH who have passed into the class of the "improved" shall be trans- 
ferred to the j)enite,ntiary colony of the government, if tiiey have earned the autn nece.s- 
H.'iry to colonization. Those who have not earned the requisite sum must renraiu in 
prison till they have, without, however; passing the term fixed by their sentence. 



REFORMS SUGGESTED — SWITZERLAND UXITED STATES. 113 

137. The convicts sent into the peniteutiaiy colonics of the government shall remain 
there till the date indicated by the sentence. Nevertheless, the term of the sentence 
luaj' be reduced by the authority of the colony. Criminals who have nnderjijone their 
entire sentence iu the convict-prison must still pass one j-ear in the colony of the 
goveninient. 

138. Labor is obligatory in the penitentiary colonies. It must be performed accord- 
ing to the orders ai!il under the direction of tlie authorities of the crtlony. 

139. Any person discharged from the penitentiary cohniy may choose, according to 
liis liking, the place of his definitive abode, but not without the limits or the frontier 
of the same country. 

140. Prisoners sent to the colonies may be followed by their families. 

141. The laws and regulations for the colonies shall be fixed by special decree. 

The princii)les relating to finance and to the mode of administration proposed by this 
projct, being based on local considerations, cannot, as a matter of course, be set forth iu 
the present writing. 

§ 8. The Swiss report limits itself to a short resume of the reforms 
thou,iiht to be needed, as follows : 

1. The uiiilication of the peual code, based ou the priiiciide of the 
moral reformatiou of prisoners. 

2. The reforui of prisons for i^ersons awaiting trial. 

3. The increase of the number of reformatories for juvenile delinquents 
and vicious bo^s, and also the reform of work-houses and houses of cor- 
rection for vagrants and idlers. 

4. The erection of penitentiaries in cantons which have only the old- 
fashioned prisons, which are incapable of proper transformations. Two 
or more cantons, it is thought, might come to an agreement to establish 
a penitentiary in common, or they nsight make arrangements with a 
caiitou which already has one, or found other establishments to be used 
as intermediate prisons, agreeably to the progressive Crofton prison 
system. 

5. The special education of prison officers and employes. 

6. The reform of the disciplinary and educational regime of the peni- 
tentiaries, with a view to the moral regeneration of the prisoners. 

7. The direction and supervision, not only of the administration of all 
the prisons, but also of preventive institutions, (such as public assist- 
ance, orphan-houses, agricultural colonies, retuges, patronage societies, 
&c.,) in the hands of special oflicers of the government. 

8. The united action of the state and voluntary philanthropic societies 
and societies of ])ubiic utility. 

9. Finally, the perfecting of all institutions whose aim is the preven- 
tion of crime, whether in the domain of education, social condition, &c., 
or that of police and of justice. 

§ 9. The tendency of thought in the United States on the question of 
prison reform is toward the Crofton system, which, in proportion as it 
is understood, is, year by year, gaining friends and adherents. Xo State 
has yet introduced it fully, or even its main features; but it can hardly 
be many years before this will be done. No doubt some injustice has 
been done in the United States to the cellular system, but the intro- 
duction of the Crofton plan may permit us to use the more desirable 
features of that system. The great evil in our minor prisons and iu 
many of those of the higher grade is that there is no system at all, but 
a mixture of routine and caprice in the prison administration, from 
which good results can come only by hazard or by miracle. Particu- 
larly is this true in regard to female prisons, and in the whole United 
States there is scarcely a single good woman's prison. Considering 
the number and excellence of our reformatories for girls, this is the 
more astonishing. Eftbrts are making in several States to establish 
special prisons for women, which will no doubt prove successful in the 
end; and, in some, the day for this reform hastens. 
H. Ex. 185 8 



114 INTERNATIONAL PENITENTIAEY CONGEESS. 

CHAPTEE XV. 

JUV.ENILE REFOEMATORIES. 

Host of tlie sets of qnestions sent out did not, tlirougli a mischance 
in the office where they were jjiinted, contain any interrogatory rehitin^ 
to juvenile reformatories. This fact will account for the small number 
of countries which furnished the congress witli information on this 
most important branch of the work looking to the prevention of crime. 

§ 1. In Denmark there are three educational establishments for neg- 
lected and misguided boys, with an aggregate of about one hundred and 
sixty inmates. Besides these, th^re is a society which undertakes to 
have children placed in families. The latter has worked with great suc- 
cess. 

§ 2. Saxony has had, for above a generation, two reformatories for 
the education and reformation of children of both s<3xes, besides a house 
of correction for young persons aged from sixteen to twenty years. 

The industrial occupation in these houses is agriculture, but mechan- 
ical occupation for the Mants of the reformatory itself is not excluded. 
The adnjission of children takes phice mostly at the request of their 
relations, of societies, or of police authorities, who are asked to contribute 
a small sum of money. Children uj) to twelve years, and young persons 
up to eighteen years of age, are ])laced under this reformatory treatment. 
According to age, school-instruction, occupation in the field .and garden, 
and domestic work are the means of education. At tlie proi)er time, those 
promoted for good conduct are first sent into agricultural or domestic 
service, or apprenticed to tradesmen, under pro];)er supervision, by the 
authorities of the reformatory. Conditional libeiation must, as a rule, 
precede complete freedom. Well-disposed inmates of the reformatories, 
of the age of less than twelve years, are sent to board in carefully-chosen 
families, the reformatory paying for the board. Even these have to 
undergo a period of conditional lil)eration before attaining full freedom. 
The term of probation for children is at least two years ; that of young- 
people, one year. The results obtained in these reformatories, since 
1S5(), have shown that su(;h as \Yere liberated after a ])robationaTy period, 
and who on account of rela])se were sent again into the penitentiary, 
amounted to oidy 7 per cent. Keformatories and houses of safety, 
(asylums.) established and supported by societies or by associations, 
endeavor to reform neglected childnni by giving them domestic disci- 
])line and separate or pnl^lic schooling. They mostly keep the children 
till they are Jonrteen years of age. Unmanageable (;liildren are sent for 
further education to the above-mentioned scate reformatories. The num- 
ber admitted into the stale reformatories amounted, in the year 1871, 
to three hundred and f(uty-five children ami to thirty one young per- 
sons. Tlu; nund)er of inmates in asylums, «Sic., during the year 1871, 
is estinmtj'd to be about two hundr<'d. 

§;j. 'J'hc estal)lishm(Mits devoted to the (torrectional education of juve- 
nile d('lin(pienls in J^'ram-.e icceivc^ minors of sixlecMi years ami under, of 
both sexes. 1'liey ai'e divi<led, for young m;dei»rison<'rs, into penitentiary 
colonies and <;orre(;lion;d <'oh)nies. In tln^ (irst are ))laced : 1, children 
^U'<pii(led ashavingacfed without knowledge, but who arenot sent back to 
their jtarents; li, young prisoners sentenced to ;in impiisonment of more 
tlian six months and not, exceeding two years. 'I'hese establishments 
4ir('iiid>lic or private: public, when they lia\e been founded by the state, and 
the stale names and pays the directors and employes; and private when 



REFORMATORIES FRANCE ITALY SWITZERLAND, ETC. 115 

tliey are fouiKled and directed by private persons, with the authoriza- 
tion of- the state. The correctional colonies receive: 1, youn^ prison- 
ers sentenced to an iin[)risonnieut of more than two years; 2, yonn^ 
prisoners from the ijcuitentiary colonies who have been dcxthired insub- 
ordinate. The correctional colonies are all jmblie establislunents. 

A similar classiiication has been established for young female prison- 
ers. They are received either in a correctional ward directed by the 
state, or into pemit«ntiary houses connected with religious establishments. 
Of penitentiary an<l correctional colonies for boys, tiie number is thirty- 
iwo, three being public colonies, four correctional wards, and twenty- 
five private colonies. Of establishments devoted to young female pris- 
oners, there are twenty, one of which is directed by the state; the rest 
are private. 

§ 4. The number of reformatories in Italy is thirty-three, of which 
twenty-two are for boys and nine for girls. They are rather of an educa- 
tive than punitive nature. Tliey are entirely private in their charac- 
ter, having been instituted either b}' individual benevolence or by 
charitable associations. Grovernment makes use of them for those 
juveniles who fall under the censure of police-law {pnhblica sicure.zza) for 
idleness or vagrancy ; also, for the detention of those who are i)laced in 
them for correction by paternal authority. Ot these establishmeiits, 
tweuty-tive are industrial and six agricultural. Their discipline not being 
as severe as that in the houses of custody, government makes use of 
them also as a reward, gathering into them those minors who, having 
been overtaken by penal law, have shown an exemplary behavior. 

The average number of juveniles sheltered in the reformatories in 
1870 was 2,208, of whom 1,805 were boys and 373 girls. The total 
number on the 31st December, of the same year, was 2,465, of whom 
2,0BG were boys and 399 girls, thus classified : For idleness and vagrancy, 
boys, 1,931; girls, 399. Paternal discipline, boys, 135; girl, 0. Parents 
are under no obligation to provide for the maintenance of a child who is 
confined in a reformatory for idleness or vagrancy; but when a father 
places him in one of these establishments for correction, the state 
charges him with 36 cents per day. He is, however, exonerated in part 
or entirely from his charge, if he can prove himself indigent. 

§ 5. The number of reformatory institutions in Switzerland destined 
to the treatment of juvenile delinquents is seventy, besides certain es*- 
tablishmentvS founded by Messrs. Kich'ter-Lindor, Zellweger, and others, 
the number of which is not stated. Only four of these have been founded 
by the state; all the rest by charitable citizens, by societies of public 
utility, or b^^ religious and philanthropic associations. The average 
number of inmates in these establishments in 1870 was 2,573, of whom 
1,472 were boys and 1,101 girls. 

§ 6. The first American reformatory, and still the largest one, was the 
New York House of Eefuge, opened in 1825, It grew out of the eftorts 
made by Edward Livingston and other enlightened philanthrophists, 
to train the young in cities to a life of honest industry. In 1826, a 
similar reformatory was oi)ened in Boston ; and in 1828, another in Phila- 
delphia. All these establishments received boys under sentence, and 
were supported, in whole or in part, by grants from the public revenue. 
They were not managed by the State directly, however, nor did they 
become a component part of the penal system of the State where they 
existed. The first step in this direction was taken by Massachusetts, in 
1847, when the State Eeform School at Westborough was established 
by law. Since 1847 — that is, in the last twenty-five years — the policy 
thus initiated has been carried far forward, and is now adopted in more 



116 IIsTERXATIONAL PENITENTIARY CONGEESS. 

than ball the States of tlie Union. Eeforniatories, either wholly de])eud- 
ent on the States or materially aided by them, exist now in Maine, New 
Hampshire, Vermont, IMassachusetts, Ehode Island, Connecticut, New 
York, New Jersey, Pennsylvania, Maryland, Ohio, District of Columbia, 
Iowa, Illinois, Indiana, Minnesota, Michigan, Wisconsin, and California, 
■while otlier semi-public reformatories, under municipal or j)rivate man- 
agement, are found in these States, and in Missouri, Kentucky, Loui- 
siana, &c., that is, in States containing an aggregate of at least 25,000,000 
people. The number of large reformatories in these States must exceed 
forty, while the smaller establishnjents are still more numerous. Tiie 
average number of reformatory pupils, in 1871, cannot have been less 
than 12,000, of whom more than 1,000 were girls; nor does this include 
the strictly educational or })reveutive establishments, like the State 
Primary School for poor children, at Monson, Massachusetts, the Boston 
Farm School, and many other such schools, in which it is probable there 
are as many more children, (say 12,000,) in all parts of the country. 

The general results of these reformatory and i-reveutive schools are 
good, as has been intimated. Of the estimated 12,000 in reformatories, 
strictly so termed, at least 00 per cent, will probably be trained into good 
citizens. Some would claim more than this, say 75 or 80 per cent., but 
there are no statistics that quite bear out this claim. Perhaps the per- 
centage of v.'orthy citizens trained up among the whole 21,000 in preven- 
tive and reformator}' schools would be as high as 75. 

In some of the States, parents ma)/ be held reapousible for the support 
of their children in reformatories, at least in part, but this provision of law 
is seldom enforced. A largo majority of the children are either orphans, 
abandoned children, or of such poor parents that little or nothing can 
be collected from them. In some of the private Catholic reformatories, 
it is understood that the payjuent of board by parents and kindred is 
strictly enforced, so far as i)racticable. There is, however, far less de- 
sire to throw children on the i)ublic for support, in this manner, in 
America than in England or France. 

§'7. An extended and very satisfactory paper on the reformatory sys- 
tem of Great Britain was furnished by llev. Sydney Turner, inspector 
of reformatory and industrial schools. The substance of this paper, 
Hlightly moditicd, is given below. 

Tile ivformatory system of Great Britain was not created by the laws 
which now regulate its operation, but was itself the occasion and source 
of those laws. The condition of Llie younger classes of criminals engaged 
tlie att<'ntion of many persons interested in the social improvement of the 
community for many years before any changes were effected in the laws 
relating to them. It was not until the efforts of private zeal and 
benevolence liad sliown, by actual experiment, that reformatory schools 
could bo (jstablishcd and worked succ(\ssfnlly, that the legislature was 
induced to pass the acts whi(;h gave Hn(^h schools their [)resent recog- 
nized status, sanctioned their being lai'gely supi)orte<l by the government, 
and allow»Ml magistrates to send ciuldicn for detention in them. 

Al)out a <;entniy agoa chaiitable association, called the Philanthropic 
Society, founded a scliool lor the reform ol' Juvenile delincpicnts and for 
the pi()te<;tion and training of the. destiluie children ot (convicts, in the 
neiglilxtiliood of London, This was CoIIowihI at a later i)eriod by two 
or tliie,esom(nvhat similar insi itulions in liondon and elsinvhere, of which 
one, a, small school at Stretton-onDiinsmore, in Warwickshire, was 
remarkable as tin^ tirst at which it was atiem|>ted to ingraft farm and 
out-door labor into the indnstiial training (tfthe inmates. 

In 18.'>S, an a<;t was [lasst'd lor the establishment of a separate prison 



REFORMATORIES ENGLAND. 117 

for offenders under the ai?e of sixteen, at Parkburst, in tbe Isle of Wifjht. 
Land was attaclied to this for cultivation by the inmates, and the dis- 
cipline was intended to he of a specially edueational and reformatory 
character. By a clause in this a(;t, the Queen was empowered to grant 
pardons to such young oifen<lers as nught be desirous of an opportunity 
of reformation, oil condition of their entering some benevolent insti- 
tution of tiie reformatory chiss, renmining in it, and being subject to 
its reguhitions till duly discharged therefrom. Under this clause a con- 
siderable number of young offenders under sentence of transportation 
or imprisonuient were received into such reformatory institutions as then 
existed. 

In 1847, the attention of the managers of the Philanthropic Society was 
drawn to the remarkable effort of Monsieur Demetz and others in France, 
for the establishment of iiu agricultural reformatory, without walls or 
sentries, for French juvenile delinquents, at Mettray, near Tours, Being 
then the superintemlent or director of the Philanthropic Institution, Mr. 
Turner visited Mettray, reported on its arrangements and system of 
management, ajid induced the directors and supporters of the society to 
attempt a similar experiment in England. The Philanthropic Farm 
School at Redhill, Surrey, which Mr. Turner thus established and organ- 
ized, and which he directed until appointed, in 1S57, to the ofQce of in- 
spector of reformatories, was the fruit of this movement. It was fol- 
lowed by smaller schools on similar principles of domestic management — 
absence of walls and warders and the use of outdoor employment — 
founded by Mr. Barwick Baker, at Hardwicke, in Gloucestershire; Mr. 
Adderley and Mr, Joseph Sturge, near Birmingham; Mr. Compton, in 
Hampshire; and Miss Carpenter, at Bristol. 

The additional impulse thus given to the public interest in the ques- 
tion " how juvenile delinquency should be dealt with" led to the assem- 
bling of a conference at Biruiingham of those most interested in the 
subject in 1853, and the results of this were the reformatory schools act 
for Great Britain and the industrial schools act for Scotland of 1854. 

Under the first of these, which was brought in by ^Ir. (now the Eight 
Honorable Sir Charles) Adderley, the secretary of state was empowered 
to license reformatory schools approved by him and to make an allow- 
ance for the maintenance of the young offenders committed for deten- 
tion in thenu Powers were givesi to courts of assize and quarter 
sessions, and to two magistrates acting iu petty sessions, or to any sti- 
pendiary magistrate, acting alone, to commit young offenders, under six- 
teen years of age, to such schools for any term of detention, not less 
than two nor more than five years. The managers of the schools were 
invested with the necessary powers of control, and the inspection and 
general supervision of the schools by the secretary of the home depart- 
ment were ])rovided for. 

Under the second act, introduced by the late Mr. Dunlop, destitute 
and vagrant children, under fourteen years old, in Scotlnnd, were simi- 
larly ])rovided for in industrial atid ragged schools. Such schools were 
partly under the supervision of tlie committee of education of the privy 
council and received what government aid they had from the education- 
grant. 

In the same year, 1854, a special act was obtained by the magistrates 
of the county of Middlesex, enabling them to erect an industrial school 
for that county, (including the greater part of Loudon,) to which young 
offenders under fourteen years of age might be committed for three 
years' detention. The school erected under this act has since been cer- 
tified under the general act of 180G. 



118 INTEENATIONAL PENITENTIAKY CONGRESS. 

A most valuable proTisioii iu botb the acts allows of the inmates of 
tbe scliools being placed out on probation before tbe expiration of their 
sentence of detention under a license from the managers of the school, 
liable to be revoked for misconduct. 

The prison authorities of counties awd boroughs are empowered to 
contribute to the schools by grants from the county or borough rates. 
Such grants in 1870 exceeded £40,000. The schools are m general more 
or less aided also by voluntary contributions. 

The results of botb the reformatory and the iDdustrial schools have 
been very encouraging. In many schools of either class 80 per cent, 
and ui)\Yard of the inmates have turned out well after their discharge, 
and the general average for all has reached nearly 70. These re- 
sults are taken from the returns which the ma,nagers of each school 
have to make for the tbree years succeeding each inmate's discharge of 
his or lier character and circumstances. They would certainly be still 
more fiivorable if there were more etiectnul powers iu the acts for re- 
straining the after-interference of the child's friends and relatives. 

Tlie results of the operations of the reformatory and industrii^l schools 
must not, however, be judged of only by the proi>ortion of those received 
into them who turn out afterward honest and industrious, reformed from 
the criminal habits or weaned from the vagrant disorderly dispositions 
with which they were growing up to be dangerous in themselves and. 
instruments for corrupting others. 

The results are seen still more decisively in the diminution of the 
numbers of the younger classes of criminals and the lighter character 
of the crimes with which our juvenile oiienders are now more commonlj- 
convicted. 

In the year 1856, when the reformatory school system began to be 
in more active operation, the number of juvenile offenders [i. e., boys 
and girls under sixteen years old) comnutted to prison (for the twelve 
months ended September 2i>) was 13,9SL ; in 1S5S, when the systeiu 
had spread and taken root, the number sank to 7,022; and in 1870, m 
s))ite of the very large increase of our population, and especially of t\ui 
pojjulation of our larger towns, friuu which juvenile crime draws its 
m(jst numerous recruits, the number of young offoidcrs committed was 
but 1)/J08, tl)e number of adult commitments having advanced fron^ 
00,7;")5, in 18i">(>, to 147,225, in 1870 — an inci'ease of aljove 50 per cent. 

Tliere is no doubt that the reformatory school system, laying hold on 
a)id j)lacing under loiig corrective discii)line and training the boys anc^ 
girls who had become familiar with ciime and adej)ts iu its piactice, 
not only in a jnajority of cases reformed the individual, but broke up 
those Hchooh of crime and vice which were becoming so formidable. 
The change in the type or character of the young offenders themselves, 
who are laid hold of by the system, is as remarkable as the falling otl'iii 
their numbers. The clever, ex]>erienced ))ickpocket, with his five or six 
satellites or apj)rentices, convicted, jterhaps, six or seven times, and 
laughing at the offers of jeju-ntance and the, opportunities of honest life 
ollered to liim, has tlis;i})|»e;ii<d. 'The inmates of the refoi inatories are 
jiow cliietly an I rained or ill-tiained children, with little (;rimiiial science., 
and generally mueii moie dull and imlolent than sharp or active, tho 
)»i(»(lMcts of negleited e«lncation and loose liunte disi',i)>line rather than 
of criminal training or of special criminal disposition. 

The results of the industrial schools so far tend in the same ilirec'tion, 
tlie (-xtinction, thatis, of the vagabonil and liall-thievish class they were 
originally designed to deal with, and llic substitution in its stead o4' 
merely poor and neglected chikheu, u Uiige propoitiou of whom might 



REFORMATOEIE.S ENGLAND. 119 

be effectually cared for by a good system of day-feediug schools — 
schools ill which they might be kept throughout the day, so as to be 
taiieti out of the streets, and the oversight and traiuiug sup[)lied which 
the circumstances aud cmi)loyaieutsof their parents i>reveut them from 
receiving at home. 

The whole uuniber of young offenders committed to reformatory 
schools since the passing of the iirst reformatory schools act in 1854 
amounted at the end of 1870 to 21,991 in Great Britain, and, of children 
sent to industrial schools, to 11,151. 

The reformatory schools act was amended by successive statutes in 
1855 and 185G, and an industrial schools act was passed for England in 
1857 and amended aud enlarged in 18()L By this last act industrial 
schools for botli England and Scothind were placed under the home 
office, and an allowance for the maintenance of the inmates from the 
treasury, similar to that given to reformatory schools, provided for. 
In 18G0 the reformatory and industrial schools acts, now in force, were 
passed, and the system uov/ in operation finally sanctioned and defined, 
similar but separate statutes being enacted for Ireland in 1858 and 1S()8. 

Under these acts, the number of reformatory schools in Great Britain 
bad increased by December 31, 1870, to 64, containing 5.133 actual in- 
mates, and that of industrial schools to 91, containing 8,280 inmates. 
Adding to those the numbers who were out on license or absent by de- 
sertion, &c.; the total number of young offenders under sentence of de- 
tention in reformatories was 0,502, and of children sent to industrial 
schools was 8,788. 

The distinction between reformatory and industrial schools is that 
the first are more directly for correction and the second for prevention. 
No boy or girl can be committed to a reformatory school unless con- 
victed of some positive offense, punishable by imprisonment or penal 
servitude, and sent in the first instance for not less than ten days to jail. 
They must be under sixteen years of age and above ten years, unless 
previously convicted or sentenced at a superior court. 

On the other hand, the industrial school is for destitute and vagrant 
children, found begging or wandering, without home or visible means of 
subsistence or proper guardianship. Such children must be under 
fourteen years old, and they are sent direct to the school, and do 
not pass through the jail. Oiiildreu uncontrollable by their parents 
can be sent to them on their parents' application, but for snch childreu 
the treasury allowance is limited to two shillings per week. Children 
under twelve years old, who are guilty of any petty offense, caii be also 
sent to them, instead of being committed to prison and a reformatory, 
at the magistrate's discretion. 

The allowance from the treasury for inmates of reformatories is six 
shillings per week ; for inmates of industrial schools above ten years 
old, five shillings; under ten years, three shillings. For the year 1870 
the total amount of the treasury payments was £177,381, the total ex- 
penditure of the schools being £311,791. 

The fundamental principles on which the reformatory system is based 
are thus stated by Mr. Turner: 

1. The iinioii of private and hencrolcnt agency with government super- 
vision and support. 

All the reformatory schools, and, with two exceptions, all the indus- 
trial schools now in operation, have been established and were at first 
materially sujiported by voluntary contributions. Many of them still 
derive a portion of their income from pri\ate sources, and all are man 



120 INTERNATIONAL PENITENTIARY CONGRESS. 

aged by committees or individuals appointed by the subscribers and 
contributors by whom tbey were founded. 

The government interferes as little as possible with the ordinary su- 
perintendence, prescribing certain regulations as to the lodging, cloth- 
ing, and feeding of the inmates of the schools, and as to the instruction 
they receive and the discipline they are subjected to ; but leaving all 
the details of the management, the appointment of the officers, the 
admission of inmates, the expenditure, &c,, to the committee. The 
state may be said to contract on certain terms with the several insti- 
tutions for the work which it wants done, and so long as the work is 
fairly performed it exercises no further interference. 

Important advantages accrue from this arrangement. A far greater 
degree of freedom and elasticity is secured to the working of the sys- 
tem ; much of the merely n)e(ihanical routine which is inseparable from 
government establishments is dispensed with ; the schools are more 
thoroughly adapted to the <lifferent localities they are planted in ; a 
greater variety of moral and social influences is brought to bear upon 
their inmates ; religious interest and zeal, without which little impres- 
sion can be hoped for, are enlisted ; and economy in the expendiinre and 
efficiency in the industrial training of the schools are more thoroughly 
insured. Two advantages, uot otherwise attainable, are especially se- 
cured : the one, the freedon» of the religions teaching of the inmates: 
the other, their disposal in the world when discharged from the schools. 

If the state founded and aduiinistered the schools, what is called the 
religious difficulty would be met v.ith at the very outset, and each dif- 
fering section of the religious community would be struggling for the 
assertion of its own peculiar views and practices, or protesting against 
those of others. But all tlsis is avoided by the employment of the vol- 
untary system under goveiiimeut supervision and through government 
aid. 

lieformatory or industrial schools may be established in connection 
uith any of our different religions bodies, and, in ])oint of fact, we have 
schools founded and managt'd by Presbyterians, Ivoman Catholics, and 
jnembers of the Society of Fric^nds. But the law secures the religious 
rights and liberties of the (liiihiren by enacting that, if the managers of 
any school receive a child of a ditlerent religious denomiiiation from that 
of the school, they shall allow a minister of the child's denomination to 
attend and instruct it, and the rules, which are sanctioned by the secre- 
tary of state, prescribe that such a (ihild shall not ho required to learn 
the catechism or to be instructed in the do(;trines of any other persua- 
sion than its own. The same rules provide generally that the children 
in the school shall receive daily religious instruction agreeably to the 
demimination of the s(;hool, and shall have reguhir 0[)portnnities of 
worsiiip on the Sunday. 

The otiier advantage following the n>ingling of ])ublic and private 
agejicy in the lelbrmatory system is the better and easier disposal of 
the inmates on tluMr disciiarge. W the scihools were a(]minisrered by 
the state, it is believe*! that they must inevitably take more or less of 
the ibrm and complexion of prisons, and thc^ boys and girls (b"s(';harged 
from them would \h', looke<l on with the same sort of distrust and sus- 
l)icion that alta<;h to discimrge<l convicsts. 

2. A Hcconil e.sscntlnl ]>riiuuj)le of the IJufjIis'h reformatory syfitem is tJie 
Kse of moral in prrfrrcnrc to phynicitl discipline. 

The institutions are organized and carried on ess(Mitially as fiohoolSy 
not liouses of conlinemcnt or (;orre(;tion, the greatest degree of per- 
sonal liberty ami ficcdom of a(;tion l)eing allowed that is comjiatible 
with real personal supervision an<l the exaction of prompt and strict 



REFORMATORIES ENGLAND, 121 

obedieuco. Most of the reformatories are foiiiuled on the phiii of farm- 
schools, with a^ricnltnral hibor as the cliief employment. There are no 
walls, no warders, no sentries. The men who have charge of the work- 
ing- parties usually work with the boys, guiding and instructing them 
in their labor, while they overlook them and report on them as to their 
coudnct. The boys are taught to hold themselves responsible, and to 
regulate their own conduct as far as i)ossible by a system of rewards 
(or marks) for labor and improvement, and fines for misconduct and 
idleness, which tliey are fully acquainted with, and by acting on which 
they can increase tlie comforts of their position, avoid punishment, and 
effectively advance their final liberation. Every inmate of a reforma- 
tory or industrial school is allowed free communication with his rela- 
tives, and, if they are of tolerably good character, is allowed from time 
to time to visit them. The cases in which this privilege has beea 
abused and advantage taken of the leave to abscond from the school 
have been and are very rare indeed. 

3. It is an esseiiUal characferktic of the reformatory system that the 
schools have a thoroughly religious character. 

There are none of the class called secular. Religious teaching is an 
essential feature of the instruction. The superintendents have hitherto 
been generally jiersonally religious agents, capable of taking, and ac- 
customed to take, an active i)art in the scriptural instruction and daily 
worship. In the majority of the schools, the Bible is the recognized 
source and chief instrument of the religious teaching, the catechism 
not being required. 

4. Great stress is laid on the industrial training. 

In the reformatory schools more especially, regular daily labor in the 
field or workshop, or for girls in the laundry, the house, or the needle- 
room, is insisted on ; the working-time being generally from six to 
eight hours per day. The employments of the inmates in industrial 
schools are necessarily less laborious, the children being usually much 
younger, but the same principle is kept in view, that, as the evil to be 
cured has been always more or less the result of idleness and license, 
the remedy must especially prescribe and provide for labor and exer- 
tion, ajid the self-restraint which these require. 

5. The importance of supervision and occasional assistance after the in- 
mates have left the schools, and ichile they are making good their footing in 
the tcorld^ is fully recognized. 

They are, as a rule, carefully kept in view and reported on, and, where 
necessary, aid afibrded them. The differences which the annual reports 
and returns show in the success with which the operations of the schools 
have been conducted may geiierally be traced, more or less, to the differ- 
ent degree m which this after-supervision has been maintained. 

6. It is a fundamental principle of the system that the responsihilify of 
the child's parents to provide for its maintenance and training should be 
enforced. 

This is a feature peculiar to the system as carried out in Great Britain, 
and has, undoubtedly, materially secured it from becoming a source of 
injury to the community at large. 

The parents of each child committed to a reformatory or industrial 
school (if it has aiiy alive) are summoned before a magistrate, their 
circumstances inquired into, and a payment toward the cliild's mainte- 
nance enforced, proportioned to their means in every possible case.~ The 
acts allow of this payment being assessed as high as five shillings per 
week, but, as a rule, the contributions are rarely higher than from one 
to three shillings. In a large number of cases, especially as regards the 



122 INTERNATIONAL PENITENTIARY CONGRESS. 

cLiltlren in iiulustrial schools, tlie parents are too poor to pay; mauy are 
widows, themselves almost wholly destitute, and such are, of course, 
excused. Mauy of the children are also orphans. But a very consid- 
erable proportion of i)arents are brouoht under contribution, and the 
amounts thus obtained have steadily increased, and uow reach nearly 
£10,000 a year. The enforcing of these contributions is a part of tlie 
business of the inspector, who has a staff of assistants appointed for 
tlie purpose. It is chiefly carrieil out through the police authorities of 
the district in which the parents reside, by whom the j^ayuients are 
received and transmitted to the inspector, to be paid over to tlie treasury. 
The justice and necessity of this part of the system are evident. No 
parent has a right to escape his share of the penalties of his child's 
misconduct, too often the fruit of his own neglect or dissolute conduct; 
and but for some such check, the temptation to the parent of shifting 
the burden of his child's support and education on the public would 
increase the number of candidates for reformatory training faster than 
the means of providing it could be supplied. The disease would be 
spread by the very means employed to remedy it, and the charge on the 
treasury, that is, eventually on all classes of tax-payers, would become 
insupportable. It is held in England that no system of reformatory 
training can be adopted with justice or safety to the community at large 
in which this element is omitted. 



CHAPTEE XVI. 

STATE OF PRISONS IN SUCH OF THE BRITISH POSSESSIONS AS WERE 
REPRESENTED IN THE CONGRESS. 

^ieports on prison discipline as it now exists in India, Ceylon, Vic- 
toria, and Jamaica were submitted to the congress by delegates present 
from those countries. They were, however, not framed on the same 
plan as the reports whose substance has been given in the preceding 
chai)ters, and the information contained in them could not, therefore, be 
embodied with that furnished by said reports. A separate chapter is, 
conse(]uently, devoted to a re.siimeoi their contents. 

§ 1. India. — Little si)ecial legislation has been given in India to pris- 
ons and i)ris()ii systems. J'rison regulations have been made, for the 
most part, witiiout any direct sanction of law. Of tlie few prison acts 
which have been ])assed, none lays down any broa<l i)rinciples of juison 
disi'ipliiie. One of them, however, that of J.SIM, contains some import- 
ant i>rovisions: it a!)olislies (jorjxn'al piinislnnent, substitutes lines in 
certain cases foi- lalxn-, and eini»owers the, government to introduce by 
degrees a reformatory ])rison discipline. 

Nearly every i)residen(;y and province of India has its own special 
jail code. That of JJengal provides for a system of rewards to be given 
to w<'ll-(;on(hic,t('d jtrisoners. There Ims also been established, for all 
India, a system of remission (►!' sentence in reward of good conduct. 

Jn the whole of Indiii therci was, in round numbers, in 1S70, a daily 
averagf'of <i 1,(100 prisoners, in(;lu(liiig the lile-(,H)Uvicts at I'ort Blair. 
There were, in the s;ime yeiii', two hundred ;nid twenty eight Jiiils and 
an indelinite numlier of lock ups. Of these prisons two are entirely 
eelluhir ; t he i'emain<lei' ;ire built, on ex'ery <'onceivable phiii, a larg(! iiuiu- 
ber of them being iniseiable mud-structures, which are constantly 



STATE OF PRISONS INDIA. 123 

washed away by heavy rains. In most of them male and female prison- 
ers are separated at ni<;ht. All Avork is in association, ^yith the excep- 
tion of cases of discipliiiiiry i)nnishment. There are sixteen central jails, 
intended for prisoners sentenced to an imprisonment of more than a 
year, but this intention is not rigidly observed. Tliere are no reforma- 
tories, and bnt two si)ecial prisons for women. Until recently there 
were no female warders, and even now they are not found in all the 
jails. Prison officers, as a rule, are incompetent, corrupt, and under- 
paid, and no systematic effort is made to remedy this state of things. 
The annual cost of prisoners per capita is about $.!](). Economy is i)rac- 
tised at the expense of efficiency. Greater attention is paid to the dim- 
iiuition of expenditure than to the carrying out of any sound and sensi- 
ble system of prison discipline. 

There is little cell-accommodation — scarcely enough for the punish- 
ment of breaches of prison regulations — nor is there any system of class- 
ifying the prisoners of any practical value. No general measures of 
reform are possible till tliis state of things is remedied. 

Imprisonment for debt still exists in India, but separate accommoda- 
tion is i)rovided for imprisoned debtors, and they are in all respects 
treated with humanity and a due consideration of their rights and 
necessities. 

Much attention has recently been paid ii^i India to prison statistics 
and the results obtained form the most reliable collection of facts in 
existence relating to the civil state of the British Empire in the east. 
The information gathered is divided into three categories — judicial, 
financial, and vital — and under each head a few of the most salient i)oints 
of interest are noted. The vital statistics of the prisons of Lower Ben- 
gal since 1807 have been drawn up in the manner suggested by Dr. 
Earr, the president of the Statistical Society of London, than whom no 
higher authority exii-:ts. They show the average number of prisoners 
in custody, the number and causes of deaths, sickness and death- 
rates, average terms of sentence, duration of imprisonment, «&c., &p. 
In addition, the Bengal returns contain facts connected with age, 
sex, caste, religion, occupation ]>rior to and during im})risonment, 
sentence, dietaries, state of health on admission and discharge, and 
the locality of imprisonment in its intiuence on sickness and mortality. 

Originally the chief occupation of prisoners in India was extramural, 
either in making imperial roads or in station-improvements. Subse- 
quently remunerative industrial labor was introduced, and each prisoner 
had a task assigned him equal in amount to that performed by a fairly 
skilled artisan of the same class. It is sought tomake it as much as possi- 
ble an instrument of reformation, which is accomplished by teaching- 
each convict some handicraft that will enable him to earn an honest liv- 
ing on his release, and by inculcating habits of industry that will coun- 
teract the idleness that is the proxiuuxte cause of much of the vice that 
leads to crime. 

Industrial labor is the basis of the Indian system, although Avithin 
the last two years out-door work has been revived, and large gangs of 
convicts are now employed on the canals; a system which, on moral 
grounds, njust be considered a retrograde measure. 

Prison dietaries in India have been arranged with a view to giving all 
that is really re<piired tpr health and strength, and withholding every- 
thing that would place the prisoner in a better condition than the ])oor 
and honest in his own walk of life. The hospital dietary is unrestricted. 
A penal dietary, for serious breaches of prison discipline and for short- 
term prisoners, has also been introduced. The other xjuuishments em- 



124 INTERNATIONAL PENITENTIARY CONGRESS. 

ployed for prison offenses are fetters, separate confinement, flo<^ging, 
and penal labor. Separate confinement cannot always be resorted to, 
on account of inadequate cell-accommodations, so that flogging is em- 
ployed to an extent that is lamentable. 

Edncation — i. e., instruction combined with moral and religious train- 
ing — is unknown in Indian jails. Keligious acts and observances are prac- 
tically forbidden to native prisoners, for whom no ministration is or can 
be provided. Christian prisoners have the aid of i^astors, and other 
prisoners may obtain similar aid on application. Proselytizing by 
Christian missionaries is, however, peremptorily prohibited. For secu- 
lar instruction no special provision is made, though much has been done 
by zealous individual officers in the way of primary instruction. 

One of the chief peculiarities of Indian prison management is the em- 
ployment of convict agency. The small salaries allowed render it dif- 
ficult to procure suitable persons as prison keepers. This led to the trial, 
many years since, of well-behaved, long-term ].)risoner8 in this capacity. 
So successful was the experiment that the practice has now been ex- 
tended to the whole of India, special ijrovision for it having been intro- 
duced in all the jail codes. As a reward for good conduct and strict 
obedience to prison rules, all convicts whose" behavior has been exeni- 
plary throughout, and who have completed the prescribed term of hard 
labor, are eligible for the offices of convict-warder, guard, and work- 
overseer, which offices can never exceed 10 per cent, of the criminals in 
custody. The financial and reformatory results of this system have been 
satisfactory. It teaches self-respect and self-control, and few prisoners 
who have held such ofiices have relapsed into crime. 

There are no prisoners' aid societies in India. In the large stations, 
a few philanthropic individuals occasionally interest themselves in the 
matter, but the constant changes in Indian society have rendered con- 
tinual and combined action impossible. Convict artisans, trained in jail, 
find no difficulty in obtaining em[)loymeut, and few who have attained 
any degree of skill ever return to prison. 

The governors of provinces and the viceroy of India possess absolute 
power of pardon, but such powers are never exercised without careful 
inquiry and grave deliberation. 

To nearly every prison is attached a garden, wherein are raised the 
vegetables and fruit required for prison consumption, any balance over 
and above the prison wants being sold. Tiie chief object of the garden, 
however, is to counteract the scorbutic tendency of sedentary employ- 
ment in work-sheds, by affording a wholesome amount of out-door occu- 
pation in useful directions. 

§ 2. Ceylon. — The i)rincipal prison upon the island in Ceylon is that 
at Wellikada, an ac(;ount of which was prepared for the congress by Mr. 
II. .J. Duval, inspector-general. Ilerci separate confinement with rigor- 
ously penal labor is enforced during the whole term of short sentences 
and the fust six months of long sentences. Long terms of imprisonment 
are divided into three stages, (jailed, respectively, the penal, secondary, 
and upper stage. 

On atlmission, every piisoner is placcnl in iho j)enal stage, tlier(^ to pass 
the first six months, in the, ense of a long seuK'uce, or tlu^ whole term, in 
that of a shoil one. No part of tliis stage, is remissible, but it may be 
])r(>longed by miseonduet. This stage is found t^o exer(!is(3 a most bene- 
ficial intbien(!e in subduing the ]»risoners, and pre|)aring them for the 
next. In the case of short-term men, it is highly deterrent. 

At the termination of tlu^ penal stage, prisoners are removed into the 
fiecondary or industrial hard-labor stage. Here the mark system begins. 



STATE OF PRISONS CEYLON JAMAICA. 125 

Each convict is debited with a number of marks corresponding to the 
number of days in his sentence, minus the first stage. By industry and 
good conduct, he may earn nine marks per week, and this nuiximum 
continued will close his mark account at seven-ninths of the period, the 
remaining' two ninths being remitted. If he earn only eight marks weekly 
the reduction of time is only one-ninth. 

Breaches of discipline are rare. The punishments employed are for- 
feiture of marks, a return to the penal stage, and flogging, which latter, 
however, is never used except in cases of mutiny, and the number of 
lashes never exceeds twelv^e. The wholesome dread of a return to the 
penal stage is usually sufficient to stimulate the convicts to industry and 
obedience. In this stage, they are employed at such hard labor as they 
may be fitted for by their previous habits and occupation in life, the 
object being to make their labor as productive as possible. 

Eeligious instruction cannot possibly be general in a country settled 
by many races, professing a multitude of religious or superstitious creeds. 
At the large prisons, the ministers and native catechists of various mis- 
sionary bodies hold service on Sunday", but attendance on these minis- 
trations is optional with the prisoners. ]!S[ative school-masters also give 
instruction in the vernacular languages on each Sunday afternoon ; but, 
attendance at school being optional, few avail themselves of the offered 
instruction, the great majority preferring to spend the day in idleness. 

The third or upper stage is a privilege awarded only to the few. 
Prisoners who have served at; least two-thirds of their sentence, and 
who have, while in the industrial stage, distinguished themselves as 
good prisoners and skillful w^orkmen, are promoted to be prison consta- 
bles, their duties being to assist the subordinate officers in the mainte- 
nance of order and discipline in the prison. When em[)loyed on public 
works, they act in the capacity of foremen, being generally selected 
with a view to their fitness for such work. While holding this appoint- 
ment, they are credited with one rupee per month, which is paid to them 
on discharge from prison. 

§ 3. Jamaica. — On the island of Jamaica there are four classes of pris- 
ons: 1st, the general penitentiary; IM, county jails; 3(1, district prisons; 
4th, sliort-term prisons. To the first of these establishments are sent 
all convicts whose term of sentence exceeds twelve months and all soldiers 
and sailors condemned by court-martial. The labor is both penal and in- 
dustrial. The tread-mill is made slightly remunerative by being attached 
to a mill for grinding corn. Prisoners, when not at work on the tread- 
mill, are emjiloyed in quarrying and cutting stone, and as brick-makers, 
lime-burners, carpenters, coopers, masons, blacksmiths,, tinsmiths, tailors, 
shoe-makers, &c., under the instruction of competent tradesmen employed 
for that purpose, and supervised by an intelligent overseer of works from 
England. The convicts work in association, but in silence. The women 
are employed in the domestic work of the prison and in picking coir. 

The diet is designed to keep the prisoners in good health, but without 
pampering them. The cost per diem for each convict during the past 
year was a little more than 3^d. 

A clergyman of the church of England is employed as chaplain, but 
all prisoners are allowed to see the clergy of the denomination to which 
they may belong. 

The reward for good conduct, awarded to all prisoners except recidi- 
vists and those guilty o"f a peculiar class of crimes, is promotion to the 
"license-class," a position much coveted, and to which a convict is eligi- 
ble after having satisfactorily served half his time. This promotion 
carries with it a remission of one-fourth of the original sentence. 



126 INTEENATIONAL PENITENTIARY CONGRESS. 

The puuisbments employed in the case of males consist of degradation 
from the "license-class," solitary confinement on bread and water, and, 
in exceptional cases, the cat, which, however, is never administered 
except with the approbation of the governor of the island, to whom is 
sent a full statement of the case. The only pnnishmeiits for women are 
solitary confinement on bread and water and degradation from or de- 
nial of admittance to tlie license-class. This degradation, whether in 
the case of men or women, involves the loss of all the time earned by 
the prisoner through good conduct. So wholesome a dread is felt by 
the convicts of this penalty that it has not been found necessary to in- 
flict it in a solitary instance during the last two years. 

The county jails are used chieliy for the confinement of debtors and 
persons awaiting trial. They are employed as places of punishment 
only for misdemeanants. No labor is carried on. 

In the district prisons (five in number) are confined prisoners whose 
sentence does not exceed twelve months. The inmates are visited daily 
by a government medical officer, and by the insi)ector of prisons not less 
than once in three months. The magistrates of the parish also act as 
oflicial visitors, and have power to infiict punishment — /. e., to sentence 
to solitary confinement on bread and water. The nearest clergyman 
acts as chaplain on Sundays. The prisoners are confined in association 
wards, the only separation being that of the sexes. 

The short-term prisons (of which there are also five) are designed to 
supplement the district prisons, by obviating the necessity of sending 
petty criminals twenty or tliirty miles to undergo a sentence of a few 
days' duration, the whole of which was before their establishment some- 
times occiri)ied in making the journey. Prisoners may be received into 
these prisons for periods not exceeding sixty days. They are supervised 
by a sergeant of constabulary, whose wife acts as matron, and by a task- 
master. They are employed on the main roads breaking stones and 
picking coir. 

The inspector-general of prisons on the island, Mr. Shaw, in the paper 
submitte(l by him to the congress, of which this section is ai! ei)itome, 
calls attention to the very marked falling off in the number of crimes 
committed by women, the d(M'rease since ISdl having been 70 per cent. 
This reduction he attributes to the fact that, in 18()4, orders were given, 
to have the hair of women sentenced to hard labor cut close; immediately 
the decrease commenced. A negro woman i)ri/es nothing so highly as 
her hair, and it is a common practice for many of them to have their 
liair cut off before trial, ami kept for them until their release, when 
they fasten it on again. Those who are less provident sedulously seclude 
themselves until their hair has grown. 

.Mr. Sliaw says that after considerable exi)erience with prisoners, and 
having paid much attention to all that has been said and wiitten on the 
l)ractical)ility of deterring ])eo])I(^ IVom (trime, he is compelled to conless 
that he knows no i)reventi\'e measure so ellicacious as cutting olf the 
liair f)f negro women. 

§ 1. Vii'lofid. — Ther(^ is lint one eonvict-pi'ison in Victoria-, whicih "s 
for mah's only. The oflicers ;ire iippointe<l by the governor in (;onn(nl, 
to hold ollice <liiring good behavior, and after service they have retiring 
giatnities and yearly pensions. 

'J'he pi'isoners are, divided into six class(>s and may earn ;i remission 
of a poition of their sentence by good (M)nduct. Those in the first class 
are kei)t in stiict separate, confinement, eating, workitig, and sleeping in 
their <;ellK; those in the second, third, and Ibnrth classes labor in asso- 
ciation, but are sei)arated by night; in tin- fifth and sixth classes they 



STATE OF PRISONS VICTORIA. 127 

are employed on public works, recei\ in.^- rations of tea, sugar, and tobacco, 
besides bein.i;- allowed a jj^ratuity ainoiiiitiii^ to 2(1. a day in the fifth and 
(ul. ])er day in the sixth cUiss. The punishments emi)l()yed are solitary 
confinement and extension of the term of imprisonment. Itesort is never 
had to corporal punisliment. The prisoners do not wear the parti-colored 
dress, the effect of wliicli is believed to be merely de;4radin<4-. 

Tliere are four chaplains connected with the English, Koman Catho- 
lic, Wesleyan, and Presbyterian churches, each of whom holds one 
service every Sunday. A schoolmaster instructs all the prisoners in 
reading, writing, and arithmetic for one hour every day, and facilities 
are aftbrded for the study of grammar, geography, and the elementary 
mathematics. 

There is no strictly penal labor, nor is the prison labor let on contract. 
The chief kinds of work are quarrying, building, shoe-making, taik)ring, 
carpentering, weaving, and mat-making. The value of the labor per- 
formed has averaged during the last five years about $S5 per head, 
exclusive of work done for the prison itself The average annual cost 
per capita in excess of this sum, including food, clothing, and a propor- 
tionate share of the salaries, besides the estimated rent of the prison- 
property, has been about $12. 

Xo supervision is maintained over discharged prisoners, nor is any 
interest taken in their subsequent career. 

The county jails are divided into two classes, one class being under 
the charge of the penal department of the government, the other under 
the police; about six months in the former, in tlie latter a few days, is 
the average sentence. In none of the jails is there penal labor, and in 
the police jails there is no labor of any kind. The prisoners work in 
association, and the average annual net enrniugs per capita, exclusive of 
any portion allowed to the prisoner himself, have been during the lasc 
five years about $18. The shortness of the sentences (nearly one-half 
being for less than a month) prevents any permanently reformatory 
results. 

There are three reformatories in Victoria, two of which are wholly, 
and one partially, supported by the state. As far as practicable the 
children's parents are required to contribute to their support; but the 
amount received from this source is insignificant. The limits of age 
within which children are received are eight and fifteen. 

The boys are employed in tailoring, shoe-making, carpentery, sail- 
making, and seamanship. The girls perform the domestic work and 
are instructed in needle-work. The products of the inmates' labor are 
not sold, the work done being entirely for the use of the institution. 

In nearly every case the children obtain a situation or are sent to 
their parents. In the latter case they are no longer under the care of 
the institution. Wlien licensed to emi)loyers they are considered still 
under its control, and may be returned to it if not doing well. 

Prizes are given for proliciency in school and in labor, and early dis- 
charge to service for good conduct. Those who distinguish themselves 
in this i)articular are appointed monitors, captains of messes, &c. The 
punishments are extra drill, privation of food for short periods, and cor- 
poral punishment, not exceeding twelve stripes, on hand or breech. 

Eecord is made of the children's conduct while in the institution, and 
also after their discharge, as far as it can be ascertained. 



PART SECOND. 

WORK OF TEE CONGRESS. 



INTRODUCTORY. 

It is Cfbvious, on tue slightest reflection, tliat a body like the Congress 
of London, coming together from so many different countries and com- 
posed of members having little i^revious knowledge of one another, 
and ignorant especially of each other's o})inions on the questions which 
they had met to consider, would be ill-suited to intelligent, harmonious, 
and, above all, effective work, without some carefully prepared chart to 
guide them in their labors. Impressed with this idea, the national 
committee of the United States had embodied in its final circular letter, 
addressed to the national committees of other countries, a recouimen- 
dation that an international committee, to be composed of one or several 
members from each country which proposed to take part in the con- 
gress, should meet in London on the 24th of June, ten days in advance 
of the congress itself. Conformably to this recommendation, the pro- 
posed committee convened at the time and place named, and organized 
by choosing the undersigned as chairman and Edwin Pears, esq., as 
secretary, the latter gentleman to act as such throughout the sessions 
of the congress. Even the international committee found itself too 
unwieldy a body to do the work assigned it in a satisfactory manner, 
and designated a sub-committee, which it named an international ex- 
ecutive committee, consisting of one member from each country repre- 
sented in the general committee. Of this smaller body, G. W. Hast- 
ings, esq., of England, was made chairman. These bodies met usually 
on alternate days, though sometimes on the same day at different hours, 
the smaller piei)aring the business aiul reporting it to the larger for a 
broader ctMisideraticni and a final determination. The two committees 
thus labored assiduously at the work of arranging the programme of 
I)r<)ceedings, and all other matters of a preparatory kind, down to the 
very eve of the opening of the congress. IJefore dissolving itself, the 
larger comuiittee constituted the smaller a periuanent committee, to sit 
every morning for .the i)urpose of consid(unng any questions that miglit 
arise in the progress of the labors of the congress, and especiall}' to 
prei)are business for it from day to day. It also named the Kight Honor- 
able tlie ICarl of Carnarvon i)ermanent ])resident of the body, although, 
owing to the state of his lordsiiip's health, it was understood that he 
wouhl l)e al)l(; to preside; only at the first session, when he would deliver 
the opening a(hlress. Tlie arrangement resolved upon for securing a 
l)ie,si(bng officer throughout the continuance of the cougress was to 
s('le(;f a meinlK'r as viceprcsldcMt each <lay. The giMieral committee, 
bef'ori! its dissolution, did the undersigned the honor to name him for 
the first day, and left the <bity to the executive committee of designat- 
ing the gentlcMnan to act as eliairman for (;a<;h of tlie succeeding days. 

The i)i-ogramme of qiieslions to be sul)mitted to the (;ongress was 
arr.uigeil upon the principle of considei'ing, fh'st, the treatment o!" the 
piisoner b(!fbre conviction ; secondly, his treatment- during the time of 



PAET SECOND INTRODUCTORY DR. WINES' ADDRESS. 1-29 

])nnisliiiient; and, thirdly, bis treatment after discbarge. But a con- 
siderable number of questions, deemed important to be discussed at this 
meetiufi-, do not properly fall within eitlier of the above categories ; 
besides which, the whole subject of juvenile delinquency and its treat- 
ment, and that of penitentiary systens, refuse ecpially the strictly logi- 
cal classification indi(;ated above. These matters are accordingly treated 
in three distinct chapters of the present report. 

The English government had not originally given that cordial hospi- 
tality to the idea of the congress which had been extended to it by 
other governments, both European and American. Jiut whatever cool- 
ness it may have shown at first was amply atoned for by the fullness 
and warmth of its sympathy after the congress had been organized and. 
had gotten fairly at work. It deputed Major Du Cane, chairman of the 
directors of convict-prisons, to attend the sessions of the congress, and 
instructed him to give all possible information concerning the Eng- 
lish convict-system and its workings. It threw open to the members 
every prison and reformatory in the United Kingdom, and gave instruc- 
tions to their governors to afford sj^ecial facilities for observing and un- 
derstanding everything connected with their organization and manage- 
ment, even to the minutest details. His Royal Highness the Prince of 
Wales attended a soiree given to the congress by the people of London, 
at which members wei'e individually presented to hiui, with many of 
M'hom he conversed freely, expressing a warm interest in the meeting, 
and in its objects and work. The lord chancellor gave a state dinner 
to the American judges and some other leading American delegates; 
ami the Earl of Granville, secretary for foreign affairs, invited the en- 
tire congress to a magnihcent soiree at his rooms in the foreign office. 
Several n^embers of Parliament also, besides attending- and partici- 
pating in the proceedings of the congress, gave dinners or soirees to its 
members at their residences in town or invited them to their country 
seats in the neighborhood. The home secretary, the Ivight Honorable H. 
A. Bruce, to whose department the care of prisons belongs, attended in 
person one of the sittings of the congress; and, in an ekxjuent address 
to the body, he expressed the gratification he experienced in a[)pearing- 
before it and in conveying to it his own and the chanks of tlie govern- 
ment for having chosen England as the place of meeting, and their high 
appreciation of the spirit in which the members had undertaken their 
task ; adding highly interesting statements in regard to prison work 
and prison reform in England, and particularly iu reference to the dim- 
inution of crime iu that country, as shown by the penitentiary returns 
received at his office during the last ten years. 

As has been already stated iu the general introduction to this report, 
the congress was opened on the evening of the 3d of July by an address 
from Lord Carnarvon ; and on the morning of the 4th its real work 
began. The undersigned, appointed president for the day, opened the 
work of the congress with tlie short address which follows: 

Ladies and Gentlemen: Called by the kindness of the interna- 
tional committee to preside over this dignified assemblage, on this its 
first working'-day, while expressing my gratitude for so distiuguished 
an honor, I beg to offer a remark or two touching the occasion which 
has brought us together from so many different countries. This con- 
gress is convoked in the interest of humanity, of civilization. It is 
composed of thinkers and workers in one of the great departments of 
social science and social reform, representative men and women gath- 
ered literally from the ends of the earth. We have here representa- 
tives of government-s, of prison societies, of penal and reformatory ia- 
H. Ex. 185 9 



130 INTERNATIONAL PENITENTIARY CONGRESS. 

stitntioDs, of governing: boards of penitentiary establishments, of high 
courts of criminal jurisdiction, of police boards, of associations of 
jurists, of the penal law departments of universities, and of the acad- 
emy of moral and political sciences of the Institute of France. There 
are present also many other persons who, though not belonging to 
either of the categories named, have long been devoted to i)eiiitentiary 
and humanitarian studies, and who have brought their great knowledge 
and their great hearts to help us in our labors. The special work of 
this congress is to study, and, if possible, to solve, the problems, as 
grave as they are difficult, involved in the treatment ot crime and 
criminals. The congress, composed as has been ex[)laiued, and em- 
bodying, therefore, representatively, the knowledge, experience, and 
"wisdom of the world on this subject, has a great o])portunity before it, 
great and full of promise. It is as great an opportunity as the noblest 
ambition could dl^sire, but equally great is the responsibility which it 
brings with it; for let it be remembered that opportunity and duty are 
evermore correlative. God has joined them together, and man cannot 
put them asunder. The business of this congress, if I conceive it 
aright, is not to fritter away its time, strength, and zeal in minute de- 
tails, and especially not to give expression to a preference for one peni- 
tentiary system over others, but to agree upon certain broad principles 
ajid propositions ^Yhich may be made to underlie, pernzeate, vivity, and, 
above all, to render fruitful any and all systems of criminal treatment. 
We have come together to give shape, point, and practical force to a 
great movement in favor of penitentiary reform, may I not almost say 
a great upheaval of the public conscience througliout the civilized 
world on this subject ? Let us see to it that we rise to the full height of 
our duty. Let us see to it that we give a wise direction, as we can 
hardly fail to impart a strong impulse, to the movement which I have indi- 
cated. If we do not fail in this, as I feel sure we shall not, and if we 
follow up our pn^sent work w ith some permanent organization that shall 
perpetuate, enlarge, and intensify its results, it seems to me not an un- 
reasonable hope that the next lifty years will see a progress in the 
methods and processes of ciiminal treatment, and especially in the 
])rincii)les and a])plication of a reformatory prison discipline, which all 
the ages hitherto have scarcely witnessed. 

Ladies and gentlemen of the congress, let us addi'css ourselves to our 
work with courage, resolution, intelligence, and, above all, with a 
liearty love of trutli and a genuine brotherly accord, and we cannot 
doubt that the guidance and blessing- of Ueaven will attend our labors. 



CIIArTER XVII. 

THE rilLSONER AFTER ARREST AND BEFORE CONVICTION. 

This (piesfion was stated in the following terms : "What should be 
the treatment of prisoui'is befoi'e conviction ?" The discussion Avas 
opened by Oount de l-'oicsta, i»r<>eni<'ur-g(''n<''ral of Aneoiia, Italy. lie 
expressed himself as oi>posed to associaletl imi)risonment piior to con- 
vi»;tion, more especially in cases where there was reason to fear that a 
inisoner by sueli association might defeat < he ends of justice. J le thought 
if an alisc.bite «bity of the authorities to j)rovide isolation for such pris- 
oners under arrest as might desirt,' it ; and in no case should a man who 



TREATMENT OF TRISONERS BEFORE COKVICTIOX. 131 

was still (leemed innocent be compelled to associate with others in a 
prison a,ti,'ainst liis will. It was, at best, a hard necessity that a man 
should be locked up in a jail l)efore he was convicted of any crime. 

The IJev. Mr. Collins, of Tremardale, Bodmin, tliought that the fre- 
quency of imprisonments before conviction niijiht be, and oiir>ht to be, 
largely reduced. The plan he suggested to effect tliis was that, in all 
cases at ])resent bailable, a system of personal bail should be substituted 
for a money bail. Instead of the existing arrangement, Ijy which a sum 
of money is forfeited on the prisoner's failure to answer his recognizance, 
he would make the forfeit, in case of his non-appearance a full day 
before that appointed for his trial, liability to the full penalty of the 
crime with which he stands charged. He thought that this would secure 
his attendance much more effectively than the present system of bail, 
since no sane man would expose himself to a certain and extreme pen- 
alty, when, by surrendering himself, he would have all the chances of 
escape which a trial olfers. Such a plan would have the advantage of 
placing the poor man, now often unable to obtain sureties, on a level 
with his richer neighbor. It would also tend to imbue the. public mind 
with the idea that imprisonment is in itself a punishment and a dis- 
grace; it would save nuiny an innocent man from an imprisonment not 
deserved; it was in strict accord with the maxim that every man was 
to be deemed innocent until proved guilty; it was an economical arrange- 
ment, as it vfould save the cost of the prisoner's sujiport, and humane, 
since it prevented the sundering of wives and families from their bread- 
winners. 

Mr. Stevens, of Belgium, said that in his country safe custody was 
regarded as the only object of ])reiimiuary detention, and hence all who 
were able were allowed to purchase small luxuries. Before trial, all pris- 
oners were well accommodated. 

Mr. Pownell, of England, said that the bench, with which he was con- 
nected, had anticii)ated this question. Every man being considered, iu 
law, to be innocent until jiroved guilty, it seemed that an undeserved 
stigma was inliicted upon a man by sending him to jail before convic- 
.tion. Hence a house of detention had been built for tlie reception of 
jtersons awaiting trial. The inmates were isolated, thus saving them 
from contamination and also from taunts flung' at them, after liberation 
or acquittal, of having been incarcerated in a felon's cell. Various priv- 
ileges were allowed them, such iis the purchasing of their own food, if 
their means were sufficient, daily visits from friends, unrestricted con- 
sultation with their legal adviser, &g. This plan, he believed, was more 
just than to brand with the prison mark an untried man. 



CHAPTER XYIII. 

THE PRISONER DURING HIS INCARCERATION'. 

§ 1. Proper maximum of prisoners for any single prison. — The question 
"What ought to be the maximum number of prisoners or convicts de- 
tained in any prison?" was introduced before the congress by Mr. 
Ekert, of Germanj^ who said that during the many years through 
which he had been head of the prison at Bruchsal, this question had 
received much of his attention. He believed that live hundred should 
be made the maximum, and that the number should rather fall below 



132 IXTERXATIONAL PEXITENTIARY COXGEESS. 

tliau exceed that figure. This proposition he urged ou the triple ground 
of security, justice to the prisouer, and liope of reformation. A larger 
number would, in his opinion, render individualization extremely diffi- 
cult, without which there can be no effective reformatory treatment of 
prisoners. Xor does an increased number of subordinates obviate the 
difficulty. The above view is in accordance with one of the fundamental 
principles of the Crofton prison system. The question of cost should 
not be made paramount, since where money considerations prevail, all 
reform too frequently comes to an end. He had arrived at his opinion 
after consultation with many competent authorities, whose belief coin- 
cided with that which had sprung up in his own mind after many years' 
experience as a prison officer and as president of the German Prison 
Society, in which latter capacity he had had an opportunity of obtaining 
information from all parts of the world on the operation of different 
prison systems. 

Sir John Bowring, of England, was of opinion that large prisons 
were preferable to small ones, not only on the ground of economy, but 
also as atibrding a wider scope for emulation and moral improvement. 
The larger the scale ou which labor is coiulucted, the more profitable 
are its returns, and he believed the same principle to hold true in the 
case of the operation of moral influences. Instrnction is most easily 
imparted in universities, and a clergyman is more likely to make an im- 
pression on a large congregation than on a small one. The elements of 
improvement and the tendencies to deterioration should be considered 
in the treatment of each prisouer, and the larger the scale on which 
such observations are made, the more valuable would be the results. 

31. Vaucher-Cremieux, of Switzerland, agreed with Herr Ekert, while 
admitting that, for financial reasons, a large number might be desirable. 
The difficulties of supervision, however, particularly in cellular prisons, 
were greatly increased. He quoted M. Deinetz, director of the reforma- 
tory at 3Iettray, France, as holding that three or four hundred 
was a sufficient number for prisons of this class, and expressed his be- 
lief that in prisons conducted ou the congregate system one thousand 
should be the maximum. 

31. Stevens, of Belgium, thought that the question of expense should 
be subordinated to that of reformation. Looking at the (juestion from 
that stand-point, he tiiought that in no prison should the number of 
convicts exceed five hundred, and in cellular prisons it should be even 
less. 

JJr. 3Iouat,late inspector-general of prisons in the province of Bengal, 
India, while agreeing with M. Stevens as to the superior importance of 
n-formation over economy, believed that excessive subdivision of jirisons 
might be jnstly opposed as too costly. He believed that individual 
treatment was entirely practicable in a prison containing one thousand 
inmates, if the staff of subordinates were large enough to attend to the 
details and to the treatment of each juisoner. This number had been 
miule the ]iia\iinum by law in India, in lS(»t, ])artly on financial grounds, 
and i)artly with a view to moral and dis('ii)liiiary treatment. 

31. I'eteiseii, of Norway, iiad, in the i)rison of which he was the head, 
an average ol two hundred and t wenty-four convicts. He considered this 
number too snuill, l)elieving that huge i)risons could be more easily 
managed than small ones. With a small number of prisoners there 
waH a ten<lency to go too much into detail and s])eak too much with 
tliem. Prisons conducted ou the se)>aiate system should, he thought, 
have between three hundn-d an<l four hnndied inmates. 

Hon. II. II. Leavitt. of Ohio, said that the stale-prison of that State 



MAXIMUM AND CLASSIFICATION OF PRISONERS. 133 

contained one thonsand prisoners, which number had not been found 
so large as to prevent reformation. 

Mrs. Janney, of Ohio, remarked that the authorities of the Oliio state- 
prison were of the opinion that six hundred was a sunicient number, 
and that it woukl be impossible for a warden to become individually 
acquainted with ojie thousand. 

Colonel Colville, for eighteen years governor of Coldbath Fields Prison, 
London, stated that the number of prisoners under his care at any one 
time had varied from one thousand live hundred to two thousand two 
hundred. He favored large prisons on financial grounds, ami believed 
that, by the employment of a proper number of otticials, all the advan- 
tages of smaller prisons might be secured, though he admitted that there 
was a tendency to limit the number of ofticials. Thus, while ten small 
prisons would have had ten schoolmasters, Coldbath Fields had but one. 
He had never, however, met with any difficulty in maintaining disci- 
pline, and a cheerfulness had prevailed which had often surprised him. 

Dr. Frey, of Austria, thought it impossible to fix a precise number. 
The great question was how far tlie head of the prison would be able to 
come into personal contact with each prisoner. If, as in Austria, he 
was free from all economical matters, and had nothing to do but manage 
the prisoners and see that they were well treated, he could attend to a 
large number ; but if he had other duties, the number must be smaller. 

General Pilsbury, of New York, thought that five hundred or six hun- 
dred should be the maximum. He felt sure that he himself would not 
be able to give personal attention to one thousand prisoners. 

Professor Foynitsky, of Russia, thought that individual treatment 
should not be sacrificed to financial considerations. 

Mr. Frederic Hill, of England, contended that there might be indi- 
vidual treatment in large prisons. The Glasgow prison, when he was 
acquainted with it, had many hundreds, but there was individual treat- 
ment nevertheless. 

Baron von Holtzendorf, of Prussia, considered number dependent on 
the system of management. In a cellular prison, five hundred should 
be the maximum, and perhaps three hundred would be better, but in 
public-works prisons there might be six hvindred or one thousand. 

§ 2. Chifisijication of prisoners. — The question whether the classifica- 
tion of iirisoners ought to be considered the basis of all penitentiary 
systems, associate or separate, was introduced by privy councilor 
d'Alinge, of Saxon3', who prefaced his remarks by saying that the crim- 
inal is a moral iuvalid, whom we desire to help. Tliis help can be ren- 
dered only by interrupting his criminal course, and by saving him from • 
a relapse. In order to eftect this end, three things are necessary : 1, 
care must be taken to ascertain the moral failing which prompted him 
to crime; 2, means must be employed adequate to the removal of this 
failing; 3, the convalescent must be provided with the full power of 
resisting, by dint of his own efforts, a relapse. The only means for the 
achievement of this triple end are education and classification. The 
first problem of the penitentiary authorities, then, is to obtain as clear 
an image as possible of the mental and moral condition of the prisoner. 
To the practised eye of the oflQcial, such an image is, in many cases, 
I)atent. In others, it will be necessary to isolate and watch the prisoner. 
Having made a moral diagnosis of the state of each prisoner, we shall 
find that he belongs to one of two classes : Either he is so depraved as 
to have no power of will to do good remaining, (in which case another 
will must be substituted for his own,) or he has sufficient power Uft to 



134 INTERNATIONAL PENITENTIARY CONGRESS. 

rouse himself aiul strike ont a better path on the strength of his spon- 
taneous resolve. To one of the former class we say, " You shall become 
a better man ; " those in the latter say, " I will become a better man.'' 
Thus the inmates of a penitentiary naturally divide themselves into 
three sections, which are best designated as disciplinary classes. Those 
who show little or no inclination to meet the educational endeavors of 
the authorities, only bending at the words "you s/irti/," form the third 
disciplinary class, or lowest grade. Those who, with the thought " I 
will be better" in their minds, co-operate readily with the exertions of 
the authorities in raising their moral culture, and who, with a deter- 
mined will and all their strength, profit by the means placed at their 
disposal, form the second disciplinary class. Those, lastly, who for some 
time have endeavored to improve, and justify a hope of steady progress 
on their return into society, form the Jirst discii)linary class. Such a 
classification demands of the managers a course of action similar to that 
of the physician. They must, by employing adequate modifications of 
prison discipline and educational agencies at their command, treat the 
l)ri.soner operatively, curatively, and dietetically. Such a classification, 
based on true psychological individualization, will and must, in every 
j)rison system, work to the highest benefit of the prisoner, and, in con- 
sequence, improve the political condition of the country adopting it. 
In Saxony, this systeiu has been applied to 50,000 prisoners with the 
greatest success. 

M. Stevens, of Belgium, said that in that country there are two sys- 
tems of classification. One is based on external conduct: obedience, 
submission, and industry. Under this system there are three classes : 
the good, the passable, and the bad. The other rests ui)on moral char- 
acter, a much more diljlicult matter to ascertain, since God alone can judge 
the heart. 

Dr. Mouat, of England, had formerly had sixty prison officers under 
his control in India. It was their unanimous opinion that moral classi- 
fication was impossible, and that a moral barometer was a chimera, 
since i)risoners did their best to conceal their real character, lest they 
should suffer harsher treatment. 

^Ir. Tallack, of I^^ngiand, agreed with Dr. IMouat, and thought that 
the im])ossil>ility of moral classilication was one of the strongest argu- 
it)ents for the cellular system, under which ever}' i^risoner was a class 
by himself. 

Dr. 3Iar(juardsen, of Gernmny, member of the Reichstag, believed 
moial (;]assifi<'ati<)n to be im]»ossihh'. No doubt any system of classifi- 
cation was better than none at al!, but he believed the cellular system 
to be tlui true basis. 

.Air. Scijeant Gox, of iMigJaiid, was of opinion that there was a wide 
diffciciice, morally speaking, between the man who committed a crime 
ol' viohMice under sudden )»assi()n aiul the habitual thief. The former 
was IVcfjuently far nu)rc severely i)unished than the latter, although his 
otfense did not, of itself, indieat<^ great moral depravity. lie thought 
it monstious tliat the two should be treated i)recisely alike in jjiison. A 
classifiealioii which only recognized these two categories, wouhl be bet- 
tei' than none. 

Dr. JJiltinger, of Pennsylvania, ])()inted out that tlu^ necessity for 
classification of some sorij had always been re(;ognized — (hst, in the 
Hi'j)aralion of dilferent sex<'s and different ages, and afterward in the 
construction of jirisons for offenses of vaiious grades. He thought, 
with Mr. (Jox, that the man who had committed a. crinui in hot blood", 
or while into.\i<'ale(l, and the habitual criminal ought not to be treated 



PRISON MANAGEMENT AND LEGISLATION. lo5 

alike in prison. The latter was liopcloss, crime being his profession ; 
while the former might be the victim of misfortnne. A sense of justice 
was essential to reform ; and if they were put on the same footing, the 
pick-i)ocket would despise justice, while the other would resent being 
made a felon. An employer knew the character of his men, and he be- 
lieved that a prison officer might judge of the moral character of his 
prisoners by the same standard, i. e., their actions. 

Colonel Katclilfe, of England, while admitting that classification was 
im])Ossible in prisons where the sentences were for a few weeks or 
months, thought it practicable in convict-prisons where the sentences 
were of long duration. 

Baron von Holtzendorff, of Prussia, said that M. d'Alinge's practical 
experience had refuted the allegation of impossibility. Isolation and 
the cellular system had arisen from the alleged impossibility of classifi- 
cation, but the progressive system involved classification, and the prob- 
lem had been solved by Germany and, to a certain extent, by Sir W. 
Oroftou's system. The mark system was a self acting method of classi- 
fication according to behavior. God alone could gauge the inner man, 
but the outer man could be tested by behavior and industry. If he 
played the hypocrite, he must be left to God. 

§ 3. Prison management — how far to he regulated hy legislation. — The 
discussion on this question was opened by Mr. Stevens, of Belgium. 
He thought that prisons should be ])laced under the direction of a Cen- 
tral aut'jority. The regulations of the public administration should 
determine the prison administration, the mode of surveillance, and the 
moral and material treatment to be adopted in conformity with the law 5 
but a certain latitude should be left to the {^xecutive authority, making 
obligatory, however, a due regard for the principles fixed l)y the law. 
When prison treatment is not regidated by law, this latitude is too 
large and extremely liable to abuse. 

Baron Mackay, of Holland, agreed with Mr. Stevens that the general 
principles of prison discipline should be laid down by legislation, but 
thought that, in view of the rapid advances made in this science, it would 
be unwise to attempt to prescribe details, which, when fixed by statute, 
could not be easily altered. 

Mr. Frederic Hill, of England, said that the plan suggested by Mr. 
Stevens had been adopted in Scotland. Under the Scotch system all 
details were left to the authorities in charge of the prison, who were 
thus enabled to make such changes, from time to time, as experience 
might suggest. He thought that tlie English system fettered the prison 
officials too much. There should, however, always be some one directly 
responsible to government for the working of the regulations adopted 
in each prison. 

Dr. JMouat said that the Indian system approximated to the Scotch. 
Minute rules should not be embodied in acts of Parliament, but left to 
experienced authorities, to be altered whenever it might become neces- 
sary. 

Baron von Holtzendorff said that the criminal code of Germany had 
formerly given oilly the names of different kinds of punishment, but the 
Eeichstag had asked the government to frame a rule defining each kind 
of imprisonment. In Germany, and especially in Prussia, all regula- 
tions for local prisons enumated from the government. There was, con- 
sequently, great uniformity, and no such diiference could exist as pre- 
vailed in England between jails and convict-prisons. Some prison 
governors had no confidence in any system but their own, and it was 
necessary to put some restraint on them. The question whether or not 



136 INTERNATIONAL PENITENTIARY CONGRESS. 

corporal punisliment onglit to be inflicted slioiikl be determined by the 
lejiislatnre, and not left, as in Germany, to the discretion of tlie governor. 
The maximum and minimum of severity should also be laid down by 
law, but the application — the determining what degree of severity to 
inflict — should be left to the authorities. 

Mr. Beltrani-Scalin, of Italy, said that in that country, for a long 
time past, the law had laid down principles and left the mode of exe- 
cuting them to the authorities. 

Mr. Hastings, of England, objected to any attempt to obtain the 
benefit of a uniform system by sacrificing local action. He considered 
diversity of exj^eriment the only way of arriving at the best treatment. 
It was impossible to say what was the best system of prison admin- 
istration under all circumstances, in all countries, or even in all parts 
of the same country. The legislature should lay down certain broad 
principles, but within those limits entire liberty should be left to local 
administration. Under a stereotyped system, which fettered the ad- 
ministrators, its faults — and there would certainly be some — would be 
without hope of remedy ; whereas, by leaving room for experiment and 
diversity of action, a much better S3'stem would ultimately be reached. 

Mr. Berden, of B,elgium, said that in that country a special law, a 
modification of the Code Na])oleon, laid down the principles of prison 
administration, but left sufficient discretion to i)rison authorities to 
deal witli individuals as circumstances might dictate. Thus, although 
most of the prisons were being adapted to the cellular system, which 
system was favored by the legislature, prisoners who from ill-health or 
other causes were unfit for the cellular system were not subjected to it. 

§ 4. Whether whipping should be employed as a discipAinary punishment. 
— ^Ir. Stevens was of oj)inion that it should not. Its tendency was to bru- 
talize the prisoner, and thus neutralize the reformatory intiuences that 
should be brought to bear upon him. He deprecated the use of physical 
y)unishnient of all kinds, believing that moral means were all-sufficient, 
if proi)er]y applied. The bastinado can never open the way to the heart. 
Such ]>nnisliinents, in the words of a French workman, afl'ect only the 
])risoner's liide^ wliile degrading him to the level of the brute. In 
iJclginm, any prison olficial w ho liad resort to the lash would be promptly 
dismissed from his ])(>st. It should never be forgotten that imprisonment 
is but a severe, thongh benevolent, means to the accomplishment 
of the prisoner's rcfoiniation. Ivx'ixnienee has i)roved that good dis- 
cipline can be niaintaiiicd without frecjuent re(;ourse to i)unishments, 
and that many ])risoncrs arc led to obedience by the moderation 
and Justice disi)layed toward them by the administration. The idea 
that ])risoners can be governed only by severity ])roceeds upon the 
mistaUen belief that they are forever lost as regards an honest life. 
Su(!h a Ix'lief overlooks the relation subsisting between crime on the 
one sid(^ and ignorance and i)arental neglect on the other, and those 
whf) emph>y sm-h chastisement as leaves in the heart only sentiments 
of hatred and veng(Mi(;e may justly b(^ held responsible for the neglect 
of tliose moral and religious influences, which alone are able to lead 
men to obedience and dnty. 

Major l)n ( "ane, director of l-^nglish convict prisoners, beliexcd that 
prisoners were peisons whom disci|»line must rednce to a i)roper frame 
of mind. He believed it would l)e impossible, to i)r(^serv(^ disci|)line and 
jirotect the ol'ticeis — a lew men amid large bodies of ))risoners, many of 
tMibiilenI dispositions — without the fear of corporal punisliment. He 
li;i(l liiniself known prisoners to aeknoaledge, that, but for flogging they 
would not have become tractable and reformed characters. 



WHIPPING AS A DISCIPLINARY PUNISHMENT. 137 

Dr. Mount said that in Indian prisons, owing: to their imperfect cou- 
strnction, the cane had been much more larjifely employed than the 
sugar extracted from it. Its inliictiou shoukl, in hisopinion, be restricted 
to cases where convicts were so degraded and brutalized that the lash 
alone would compel them to good behavior; but, wliile agreeing that 
moral means should be pushed to the utmost, he would still, in Jealouslj- 
guarded cases, retain the power, in the hope that this would render its 
exercise unnecessary. 

Mr. Shei)herd, for thirty years governor of the Watefield prison, Eng- 
land, with an averageof one thousand inmates, stated that during all that 
time no corporal punishment was inflicted there for prison oiienses. 
He doubted whether in cases where it was inflicted every other means 
had first been tried. He favored its entire abolition. Up to his resig- 
nation (six years ago) he had remarked that nearly every prisoner sub- 
jected to corporal punishment returned to the prison again. 

Dr. Marquardsen, of Bavaria, said that in his country corporal i>un- 
ishment had been abandoned several years ago, both as a means of pub- 
lic punishment and as an agency of prison discipline. The respect and 
obedience shown by prisoners had since greatly increased, breaches of 
discipline had diminished, and no prison authority desired a revival of 
the practice. The committee of the Keichstag, of which he had been a 
member, charged with the framing of a military code for Germany, had 
also set aside corporal punishment, so that not a blow could be struck 
in the whole empire. 

Dr. Frey, as the governor of a prison with many hundred inmates, said 
that in Austria the use of the lash was abolished in 18GG, ex))erience 
having shown that it was demoralizing. It deprived the prisoner of 
that self-esteem which formed the basis of his moral i?nprovement, and 
the strictest discipline might be maintained by other means. 

Dr. Guillaume, of Switzerland, said it was also being abolished in 
his country. 

Major Fnlford, governor of the jail in Staffordshire, England, said 
that he was required to be present at every infliction of corjjoral pun- 
ishment in his prison, and that he was invariably ill in consequence. 
Still, he believed it impossible to dispense with it in a prison where, as 
was the case with his, the prisoners were thoroughly degraded and 
vicious. There was a class of men who thought nothing of disgrace, 
but cared only for the stripes that they received. 

Mr, Wills, governor of Nottingham prison, England, agreed with Major 
Fnlford that flogging, though it should rarely be administered, was a 
useful power in reserve. 

Mrs. Julia Ward Howe, of Massachusetts, thought the only thing to 
be said for flogging was that it was a time-saving process. Reason would 
gain as much in time. She was sure that no brutally ill-treated woman 
would thank the prison ofiticials for sending her husband home more 
brutalized than before. She would never say to any prisoner, "You 
area brute?" Rather would she say, "You are God's ciiild ; do not 
dishonor His image, as I cannot, no matter what have been your faults, 
dishonor it in yon." 

Mr. Frederic Hill said that for seven years, while he was inspector of 
prisons in Scotland, no corporal inflictions were allowed, nor did he hear 
au}^ prison governor express a wish for the power to inflict such chas- 
tisement. 

Mr. Hastings, of England, was glad to say that it had not been found 
necessary to use the lash in the county i^risou of which he was a visit- 
lug justice. 



138 INTERNATIONAL PENITENTIARY CONGRESS. 

Sir Walter Cioftoii said that EnjjHshuien ji^eiierally favored the reten- 
tion of the power of corporal pnnisliinent, in order that the necessity 
miglit never arise for its exercise. Prison ^^overnors had not tlie power 
of enforcing- discipline by this means, which could be eiujtloyed only on 
magisterial sanction. Its nse was very exceptional, and resort was 
never had to it, until every other resource had been exhausted. In 
conntries which had abolished Hogging in prison, other punishments 
"were emi)loyed, and if an nnobjectionable substitute could be found for 
England, he would be rejoiced to hear of it. Every magistrate and 
prison governor had a horror of it, but all clung to the necessity of re- 
taining the power to inflict it. 

General Pilsbury, of New York, said he was no advocate of corporal 
punishment. He knew from experience, how^ever, that all i)risoners 
could not be governed by moral suasion; a few require sevei'er disci- 
pline. He was convinced that no prison could be well and safely gov- 
erned, nnless ample power were vested in the chief officer to inflict 
special punishment, when called for, promptly, summarily, and, if need 
be, severely. He was of opinion, however, that this power should be 
given to the chief officer alone, and that not through the intervention 
of an advisory board. If prisoners knew that he i^ossessed sucli a pow- 
er, occasion for punishment would seldom arise j the knowledge would 
prove sufticieut of itself to enforce discipline. 

Br. Marquardsen, of Bavaria, thought that the actual experience of 
what had been accomj)lished without the power to inflict cori)oral pun- 
ishment furnished a stronger argument than the alleged maintenance 
of disci])line l^y the existence of ])ower which was seldom exercised. 
Such a method of reasoning he could not accept. 

§ ~). Kinds and limits of instrvction suited, to tlte rcform(dorii treatment 
of prisoners. — Mr. Stevens, of Belgium, opened the discussion by saying 
that the means of moral influence should consist chiefly in education, 
wliich should be of a quadruple character: industrial, scholastic, moral, 
and religious. 

1. Industrial education. — The object of this part of his education is to 
]»rovide the prisoner with the mea;is of earning a livelihood on his dis- 
charge. Consequently, in the work-sh()])s, more care should be taken to 
teach him his trade thoroughly than to make his labor i>r()ductive. The 
]»rimary object of labor, as an element of ])rison discipline, is to reform 
Die piisoner and aid him to lead a reformed life on his (lis(;harge ; hence it 
should be organized and conducted with a view rather to the future of 
flie pi isoiier tiian to its effect u])()n tlu^ tieasury. 

2. tSeliolaslir instrvetion. — This shouhl comiuise reading, writing, arith- 
nu'tic, the elements of graniniar, history, geograi)]iy, geometry, and 
linear diawing, the latter esjx'cially in refeieiu-e to trades and useful 
arts. 'I'hc (act that i)ublic instiuction has received so great an exten- 
sion within the last few years renders it all the. more imi)ortant that a 
\ igoroiis impuls*^ he given to i)rimary instruction in prisons. Illiterate 
jtcrsons should be, the object of special care. 

.'{. Moral etliicaliou. — 'i'he teaclicr sliould, by special iiistruction in the 
school, incidcatc the perCormance of social duties. This instru(ttion 
should review I lie )irincii»al existing vices oi' society and den)onstrate 
their sad an<l shaniclul conseiiuences. Alternately the teaching should 
be based on the \ ill uc oj)pose(l to the ]>arti('ular vice discussed at the 
preceding lesson, and should set forth as well its inherent/ beauty as the 
moral and mateiial ad\antages associated with its exercise. Other les- 
sons should be given on the most IVefiuent \iolalioiis of the ]»eiial code, 
t'S))ccially noting su(;h crimes as robbery, swindling, rape, assault, mur- 



PENITENTIARY EDUCATION ITS KINDS AND LIMITS. 139 

der, &c. lu all moral instruction, an effort should be nja<le to develop 
the sentiments of justice, family affection, and })atriotism. 

4. ReUijioas education. — By tliis is understood the Hpfctal religious 
instruction giveu by the ministers of each laith to the [)risoners attached 
to it who are ignorant of the essential truths of religion. The use of 
the word special in describing this jtart of the prisoner's education 
signifted that such instruction should be entirely indei)endent of the 
religious instruction given by the chaplain to the prisoneis in general. 
The sentiment of religion should be always deemed the lust and strong- 
est inflnence in a penitentiary education. 

Mv. Tallack, of England, said that the prisons act, passed by Parlia- 
ment in 18(!.>, subordinated moral and religions instruction, which he 
believed to be an unsound principle. He deplored the small attention 
which was paid to convict education in the prisous of the United King- 
dom. 

Mr. Merry, a Berkshire magistrate, deprecated the pursuit of indus- 
trial labor to the exclusion of a proper attention to education, maintain- 
ing that silent congregate labor left the head empty and the heart 
hard. 

Mr. McFarlane, of England, said that every care was taleen in the 
Irish prisons to provide, first, for religious and then for industrial and 
literary instruction. He was surj)rised to hear Mr. Tallack arraign the 
prisons of Ireland on the score of neglect in this particular. 

Dr. Varrentrap, of Germany, thought that secular should include physi- 
cal education, since the mental and moral equilibrium dej)euded so largely 
on the 2)lii/sique. He believed that no limit should be i)laced on secular 
instruction, and favored the task-system of labor as affording the pris- 
oner a. better opportunity for study. 

Miss Mary Carpenter, of England, thought that society was bound to 
cultivate tlie powers God had given to a prisoner, and so enaUie him the 
better to discharge his duties as a prisoner and a man, and the dilliculty 
attending the education of adults should form no obstacle. She regretted 
that government did not recognize this duty. Instruction shouhl be so 
imparted as to be in itself a pleasure, and its intiuence would then be 
most salutary, as tending to wean })risoners from the indulgence of their 
lower passions. Scholastic, moral, and religious instructions were closely 
allied, and should not be separated. 

§ 0. Wlicther it is expedient in eertain cases to employ an imprisonment 
consisting in mere privation of liberty icithout ohligation to work. — Count 
de Eoresta, of Italy, thought that crimes of passion, not implying great 
moral p/erversity, should not be punished by ordinary imprisonment, 
but by simple tletention in a fortress or other secure ]>lace, without 
the prisoner being required to labor, and without association with those 
sentenced to ordinary imi)risonmeut. The natural distinction between 
crimes of jtassion and of reflection seemed to indicate the propriety of 
making a difference between the ])unishments awarded them. Crimes 
of the former category are frequently committed by persons v ho are 
young, well educated, and uncorrupted. For such prisoners he consid- 
ered the solitude of a cell, with forced labor, merely an aggravation of 
^pitnishment, and not calculated to have a reformatory intlueuce. He 
believed that simple detention, with the privilege of reading, attending 
to their own afiairs, and seeing friends, was a sufficient punishment. 
AVhat descriptions of criminals should be treated in this manner should 
be determined by the penal code. 

Professor Wladrinoff, of Bussia, remarked that simple infractions of 
the law did not involve crimiualitv. He thought it should be left to the 



140 INTERNATIONAL PENITENTIARY CONGRESS. 

jury to decide to which chiss a prisoner belonged, it being a matter 
involving personal liberty. 

Mr. Chandler, of Pennsylvania, said that tlie plan snggested by Count 
de Foresta was in most successful operation in Pennsylvania, and he 
believed that it might be made a success everywhere. 

Dr. Mouat dissented from this view. He had been connected with 
prisons in India where such a system had been applied, aud he believed 
it to be very corruptiug. 

Dr. Marquardsen said that the code adopted in Germany three years 
ago recognized the principle contended for by Count de Foresta. The 
distinction made there, however, was not between crime and crime, but 
between criminal and criminal, and it rested with the judge to decide 
whether the offender should be kept at hard labor or in eustodia honesta. 
The latter class of criminals were imprisoned in a fortress. Speaking 
for himself personally, he believed that, in general, persons guilty of 
minor offenses should not be left without labor. He believed that the 
law of Germany embodied the true principle on this subject. . Under its 
provisions, criminals were divided into hard-labor prisoners and such as 
were emploj'ed in the trades and professions to which they were accus- 
tomed. 

§7. Whether seniences for life are expedient. — Baron von Holtzendorff", 
of Prussia, in opening the discussion on this question, called attention to 
the very decided difference in the-view at present taken of the object to 
be attained by i^unishment and that which, as history discloses, was 
taken in the past. Salvation was now universally regarded as a primary 
end of correction, and this recognition of the principle that men ought 
to be reclaimed led to the agitation of the question under discussion. 
He did not, however, favor the abolition of life-sentences, if cajtital pun- 
ishment were expunged from the penal code; and he believed that all 
who favored the abolition of the latter measure must agree with him. 
Imprisonment for life must remain the substitute for one or two cen- 
turies at least. But such a punishment should, like all other punishments, 
contain the elements of ho[)e and fear: fear lest the term of imprison- 
ment be actually for life, and hope of release after ten or twelve years 
on satisfactory proof of reformation. 

Dr. Wines stated that, under the law of Missouri, a prisoner sentenced 
for life, who conducted himself with uniform propriety, became entitled 
to his liiterty after lifteen years in the state-prison. 

Dr. Mouat said that the same i»rincii)le! had been adopted in India. 

Hon. D, Haines, of New Jersey, said tliat his objection to lile-sentences 
lay in the fact tiiat they left no ho])e in the eonvie.t/s breast, without 
wliicli tliei'e (;ould be no reformation. I'^ven if hoi)e remained, it was 
t^)o uncertain and remote to lia\'e much inlluenceon the i)risomn\ 

-Mr. Stevens agree<l with P>aron von noltzen<lorlV, that life-long im- 
prisonment was hut the means to an end, and not an end in itself, but 
that it was demanded as a substitute in the event of ca])ital punishment; 
Ix'ing al)oIisIie(l. Theoretically s[)eakiiig, i)erpetual penalties should not 
exist. 

Mi-. V'aiu-Iier-('iemieu\', of Switzerland, thought that the security of 
society forlta<h' tlu^ lilteratioii of an assassin or ai man condemned to 
imprisoiimeiil for life. 'J'he possiltility of a, iclease would iciidei' society 

Une;is\'. 

Mr. Hastings, of lOngland, said that in that country thei'e was ])racti- 
cally no such thing as imprisonnu'iit for life. '^IMiough such sentene«\s 
were j)ass<'(l, hope always remained, the prisonei- being unilbrmly liber- 



SHOULD KECIDIVISTS RECEIVE SEVERER TREATMENT? 141 

ated by tlie Tiome secretary in the event of good conduct for a number 
of years. 

§ 8. Whether prisoners, on reconviction, should he subjected to a more 
severe disciplinary treatment — Mr. S. Petersen, of Bavaria, said that a 
recidivist apparently deserved severer treatment for the obstinacy of 
his criminal propensities. Yet in view of the fact that courts, in pro- 
nouncing- sentence, always took into consideration the circumstance of 
a previous conviction, and, as a consequence, increased the length of 
the sentence, if the prison authorities also increased the severity of 
the punishment by a sterner discii)linary treatment, the prisoner was 
punished twice, which was manifestly unfair. The judge alone should 
award the increase of punishment. 

Mr. Ploos van Amstel, of Holland, was of the same opinion. 

Dr. Frey, of Austria, maintained that recidivists should be more 
severely treated. They felt this more sensibly than longer sentences. 
In the prison of Carlan, in Styria, where there were three stages of im- 
prisonment, the iirst of which was exceedingly punitive, recidivists 
might be kept in the most severe stage for one-half their sentence, while 
those sentenced for a first otfense were never kept in this stage for more 
than one-third of the time. The results of this system had been good. 

Kev. Mr. Eobin, of France, was convinced, by fifteen years' experience 
as prison chaplain, that the recidivist was never reformed by aggra- 
vated treatment. He gave an account of two men in a prison where he 
had been chaplain, on whom such treatment was tried. One died under 
it, and the other grew morose and stubborn; but when, at his request, 
the discipline was a little relaxed, the convict changed his course of 
conduct, and eventually, upon release, gave satisfactory evidence of refor- 
mation. Firmness should always be blended with kindness. To pro- 
vide a discharged prisoner the means and o])portunity of eating honest 
bread was a more effectual safeguard against relapses than a severity 
which was hostile to humanity and Christianity. 

M. Stevens did not think that prison authorities should aggravate 
the punishment. The law should give longer sentences to recidivists, 
but all should receive the same treatment in prison; otherwise, there 
would be arbitrary differences, and the severity would go on iucreasing 
for the third and fourth offenses. It should be remembered that relapse 
was frequently caused by the prisoner finding every door closed against 
him on his discharge. 

Count Sollohub, of Eussia, thought that the proper punishment of 
recidivisits was a question for the law, and not for the prison authori- 
ties. If the severity of the disci [)line were increased upon each convic- 
tion, a degree of severity would ultimately be reached, incompatible 
with reformatory influences. He agreed with Mr. Eobin that ])risoners' 
aid societies were the best means of preventing relapses and re-instating 
a prisoner in society. 

Dr. Guillaume, of Switzerland, said that in that country recidivists 
were sentenced for a longer period than other criminals. In some can- 
tons they were condemned to bread and water two or three days a week. 
This practice he did not favor, since it ofteu left the prisoners in such a 
state of debility as to render a relapse easier. He deprecated recourse 
to a severity condemned by Christianity. 

Count de Foresta thought, with Count Sollohub, that the law, and 
not the prison authorities, should prescribe the punishment of recidi- 
vists. He thought that any other plan would tend to cruelty. As Mr. 
Stevens had remarked, the fact that society was too ofteu responsible 
for a prisoner's relapse should prevent excessive severity. He was fur- 



142 INTERNATIONAL PENITENTIARY CONGRESS. 

ther opposed to the term recidivist being; applied to a man, one of whose 
two oti'enses bad been a crime of passion or exoiteiiient. 

Rev. Dr. Bittiuger, of Pennsylvania, advocated an increase of pnnish- 
ment for each new ofteuse. In order to effect reformation, we must ap- 
peal to tlie criminal's sense of jnstice, but he wonld despise the justice 
which had the same pnuishmeut for the bnrglar, convicted of liis fif- 
teenth oftense, as for the novice in crime. 

Mrs. Julia Ward Howe, of Boston, thought that the criminal should 
be shown something better than his own savage standard of Justice. 

§ 9. ^yhat oufiht to be the ma.riniHni of imprisonment, celluUir or other- 
wise, for terms less than life ^ — Dr. ]\[arquardsen, of Bavaria, said this 
question was not so much one of principle as of adaptation to local 
circumstances. In general, however, he would say that the maximum 
ought to be fifteen years, with the possibility of reduction for good be- 
liavior. He believed, however, that the character of the punishment, 
as to mildness or severity, as well as its duration, should vary according 
to the heinousness or veniality of the offeuse ; and in fixing the du- 
ration regard should be paid to the character of the punishment. In 
Germany, cellular imprisonment was generally limited to three years. 
He disapproved of the English system of sentences, under which there 
was no intermediate term between two years and five. 

Dr. Frey stated that in Austria the term of isolated confinement did 
not exceed three years, while the longest term of imprisonment was 
twenty years. 

Mr. Stevens stated that in Belgium the maximum of cellular confine- 
ment had been reduced from twenty years to ten, and then to nine and 
a half, when, if a man was found to be no better, he was placed in a con- 
gregate prison. It had not been found, however, that prisoners sufiered 
more, either in mind or body, under the cellular than under the congre- 
gate system. 

j\Ir. ^b:)ncure, of Scotland, said that in the prison at Perth it had 
been found that cellular confinement for more than three years pro- 
du(*ed insanity, notwithstanding that the prisoners had employment 
and conimunicated with chaplain, magistrates, and otficers. 

Jiaron ^lackay said that in Holland the nmxiinum of cellular confine- 
ment was, in l.S.">l, fixed at six months, but had been increased, first to 
one year and then to two, and a further increase was favored. The 
term would proliably be extended to three years as soon as the number 
of cells was sulficient. 

Sir Walter Crotlon referred to experiments carefully made at Penton- 
villc, England, under the direction of Sir Joshua Jebb. formerly director 
of (;()nvi<'t-[»risons, tin; results of which showed that eighteen months 
was the longest possil)le i»eriod for which isolation could be safely main- 
tained. During the time when transportation was employed as a means 
of jtunislunent under the English law, the surgeons at the penal sta- 
tions in the colonies reported tiiat the condition of those men who had 
been kept in stiict cellular continement for a period of from two to two 
and a half years before being transported was particularly unsatisfac- 
tory. They were, found to have sutfered to some extent in their nnnds, 
and their wills were broken down. It was such reports as these that 
(;aused the reduction of t he term of cellular confinement to ninc^ months. 

« 10. Whclhrr or not imprisonment shonld he nniform in nidure, and dif- 
fer on h/ in hiif/th. — (!(.unt SoPohub, of K'ussia, in oi)ening the discus- 
HJon on this (|uestion, remarked that the ol)ject of a hospital was not to 
ke,<'p its [)atients, hut to send them out cured. In like manner, the 
ol)ject of a prison should be to combat the moral malady, and return 



PRISON LABOR PENAL AND INDUSTRIAL. 14.3 

patients to society cured. As hospitals, moreover, endeavor to ^uard 
aiiuinsr a rela|)se into physical disease, so the prison authorities shoukl 
direct their efforts to ])revent a rehipso into tlie moral disease of crime. 
It should be considered in every case whether the offense was the result 
of perversity and a passion for crime, or of some sudden excitement or 
temptation. Different classes of criuiiuals, like differently-affected pa- 
tients, required various kinds of treatuient, and every precautionshould 
be taken against contagion, by which the disease mijiht be aggravated 
and a cure rendered more difficult. Each kind of prison should have a 
s})ecial aim ; a prison which attempted to effect two different objects 
would succeed in neither. There should be two classes of prisons: one 
for convicts whose characters evidenced moral perversity, the other for 
those whose offenses were the result of a sudden break-down of princi- 
l»le or of uncontrolled passion. This was the principle of division fol- 
lowed in liussia. 

Dr. Mouat admitted that it was desirable to make punislnneut pro- 
portionate to guilt, but feared that there was no moral barometer by 
which guilt could be strictly measured. 

Count de Foresta, of Italy, said there existed in that country and in 
France three classes of puinshment: sentences to sim])le imprisonment, 
to reclusion, and to hard labor. The first class could not exceed five 
years, except in the case of recidivists, whose term might be doubled. 
The prisoner was employed in industrial labor. Eeclusion had five 
years as a minimum and ten years as a maximum, and involved the 
loss of civil rights. Hard labor implied civic degradation and civil 
death, and persons sentenced to it for a term remained subject for their 
lives to police-supervision. Speaking for himself, he did not favor this 
system. He contended that there should be but one kind of sentence, 
the only difference being in length, and there should be different pris- 
ons with different disciplines for the various terms of imprisonment. 
Prisoners for three or four years should not be placed in the same 
buildings or treated in the same way as those sentenced for ten or fif- 
teen years. 

'§11. — Prison lahor — penal and industrial. — The question whether 
prison labor should be merely penal, or whether it should be industrial 
only, or whether there should be a mixture of both, was introduced by 
Mr. Frederic Hill, of England. Mr. Hill declared himself an earnest 
advocate of industrial, as opposed to purely lienal, labor, such as the 
crank, tread- mill, shot drill, &c. He recapitulated the main arguments 
for and against industrial labor in prisons. Its opponents, he said, 
based their hostility mainly on four grounds: 1, that it renders im- 
prisonuieut less irksome, and consequently less deterrent, than it 
should be; 2, that it is difficult to procure for prisoners such kinds 
of work as Avill be really remunerative; 3, that, however suited to 
long imprisonments, industrial labor is not adapted to short sentences; 
and, 4, that its introduction into prisons subjects the honest, free laborers 
outside to unfair competition. In reply to the first objection, Mr. Hill 
urged that irksonieuess is not the chief end of prison discipline. It 
neither prepares the prisoner for a life of honest industry himself nor 
eradicates motives to corrui)t others, while it is highly improbable that 
its deterrent effect on others would be at all commensurate with the 
evils it engenders in those who are brought under such a system — the 
irritation, resentment, obstinacy, and hardness which it unquestionably 
produces; besides which, the confinement of a prison and the other 
privations attendant upon a convict's life are in themselves sufliciently 
irksome. The only true test whether a prison has become attractive, is 



144 IXTERXATIONAL PENITENTIARY CONGRESS. 

to opeu wide its doors to all comers, witliout demanding?, as now, a 
qualification of crime. But altbougb, during a considerable part of 
Mr. HilFs service as prison-inspector in Scotland, free entrance was 
really given, altliougb no legal provision was made for tlie able-bodied 
poor, and altbougli industrial labor was required of all, tbe proportion 
of paupers to compulsory ])risoners was seldom more tban one to fifty. 
To tbe second objection, Mr. Hill opposed bis own experience iis in- 
spector in Scotland, where tbe main difiticulties be encountered lay in 
tbe shortness of tbe sentences and tbe indisposition and incapacity of 
prison governors and their subordinates for this special duty. The 
third argument Mr. Hill met by sbowing, first, that, even in cases of 
short imi)risonment, labor, productive in some degree at least, can 
always be provided; and, secondly, tbat when such punishments are 
but repetitions, often twenty or thirty times in succession, of the 
same penalty, the true remedy is not to render tbe system of 
discipline suitable to so absurd a practice, but, by a change in the law, 
to get rid of tbe practice itself. 

In answer to the allegation of injustice done to honest mechanics by 
introducing trades into prisons, Mr. Hill pointed out tbat from the ex- 
tremely small amount of manufacturing carried on at penal institutions 
the competition must uecessarilj- be very small ; and that from the caiiB 
that a public department would be likely to take to avoid precipitancy 
in selling below tbe market-rates, the danger to ordinary trade from 
prison labor would probably be less than from the same amount of free 
labor. Moreover, cheapness in price is an advantage to the greater 
number, so that, even granting tbat prison manufactures did sensibly'' 
atiect tbe permanent prices of articles, which he denied, such effect 
would be a good rather tban an evil. And, as a last consideration, he 
urged that every shilling saved to the public by prison earnings is a 
shilling added to tbat fund from which wages must be paid. 

Having thus noticed tbe arguments of tbe advocates of penal labor, 
Mr. Hill ]>roceede(l briefly to enumerate the grounds of his advocacy of 
the universal introduction of remunerative industrial labor into prisons. 
The following is a summary : 1. That to make labor useful ami i)rb- 
ductive in i)rison, as well as out of prison, is in accordance with nature ; 
tbat to strip it of these qualities is, if ilot absolutely unnatural, at 
least artificial ; a course demanding justification and proof of its 
l)ropri«'ty — a jtroof not given. 2. Tbat by means of useful and produc- 
tive labor much of tlie cost to society of tbe apprelieusion, trial, and 
imprisoniiient of <;riniinals may be repaid and soinetbing at least done 
toward indemnifying tbe jiersons wronged. 3. Tbat such eniph^yment, 
being ficc Ijom eveiytbing tbat is rej)nlsive and degrading, becomes 
associated in tbe i)ris()ner\s mind witb ])leusural)le tboughts, and tends 
to make bim look upon work as deseiving of respect. 4, 'JMiat by tbis 
kind of work a jirisoner, besides making tbe payments mentioned under 
tbe se(;ond licad, may help to sujtport Ids family and may i)r()vi(le afund 
Avitb wliic]i,at tLie end of liis continement, (iitber to i»ay tbe (;ost of emi- 
gration or to liave tlio means of making a. fresh and honest start in his 
own country. 5. Tbat [)risoners wbo bave been emi)loyed in useful and 
])roilu(;tive work ari^, at tlu;ir liberation, much better armed against 
relapse into crime, as wellasmucb better i)re|)ai('d to obtain an honest 
li\ ing, tban tbose wbose lal»or lias l)eeii merely jienal, and tbat, in fact, 
tbe proportion snbse(|iiently doing well is niiieli larger, 

-Majftr i'liUbrd, go\criior of Slalford jail, lOnglaiid, contended that 
]»iisons were not lelbrmatories, but, sboiild be a, terror to evil doers. 
Jle considered tbat penal lal)or was necessary in the case of "repeaters,'' 



PRISON LABOR PENAL AND INDUSTRIAL. 145 

siuce the professional thief or drunkard was utterly insensible to high 
moral teaching*. He thought, however, that such otfenders should not 
be kept in a county jail, but sent to a convict establishment for a period 
long enough to eradicate his evil habits. 

General Pilsbury, of Albany, thought penal labor destitute of any 
reformatory element. He had always found in American prisons that 
the most successful institutions, in a reformatory point of view, were 
those where industrial labor was so managed as to produce a substan- 
tial income. 

Dr. Wines brought to the attention ot the congress the large indus- 
trial prison of Count Sollohub, at Moscow, the reformatory results of 
whose discipline were remarkable, only nine prisoners having returned 
during six years out of 2,100 discharged. At this prison, each convict 
was permitted to choose the trade he would learn, and, on mastering it, 
was allowed two-thirds of his earnings. So great a stimulus was this 
to industry that a man often became a skilled workman in two months. 
To this system the distinguished count attributed the surprising reform- 
atory results mentioned above. 

Mr. Hibbert, M. P., of England, said that an act of Parliament of 1SG5 
provided that the visiting magistrates might, under the sanction of the 
home secretary, substitute other forms of hard labor for the tread-mill, 
crank, and shot-drill. In Salford prison, penal labor was required of all 
prisoners during the first three months of their sentence, after which 
they might be employed in carpet-weaving, cocoa-mat making, &c. 
Nor was the penal labor wholly unproductive, siuce the tread-mill, besides 
pumping water for prison uses, supplied motive-power for the industrial 
labor. The prison earnings last year defrayed all expenses except the 
salaries of officers. The sentences were, as a rule, too short to allow of 
industrial labor being successfully carried on ; out of (3,163 prisoners, 
4,110 having been sent for terms less than a month, of whom 2,031 were 
sentenced for only seven days. Industrial labor being impossible under 
such sentences, he favored penal labor on the ground of its deterrent 
inflnence. 

Sir John Bowring vehemently condemned the tread-mill, and rejoiced 
that continental languages had no word for it. It should be called a 
work- waster or wind-raiser. It hardened the old jail-bird, leading him to 
associate labor' with non-productiveness, who well knew how to cast all 
the burden on the weaker or less experienced prisoners. 

Mr. Ploos van Amstel, of Holland, said that remunerative industrial 
labor was adopted in the Dutch prisons, a portion of the prisoners 
w^ages going to himself. He believed this system beneficial alike to the 
state and to the prisoner. 

Colonel Colvill, governor of Coldbath Fields prison, London, said 
that he had the largest tread-mill in England in his prison, six hundred 
men being employed on it at one time. He never knew a man improved 
by it. On the other hand, accidents frequently occurred; many had 
their legs and arms broken ; vejy recently a man undergoing a short 
sentence broke both his legs. It was, moreover, unfair, since the old 
hands could readily shift all the labor on their younger associates, 
who, especially if weak-chested, were sometimes injured for life. 

Mr. Stevens, of Belgium, protested against all labor the tendency of 
which was to brutalize the prisoner. Penal labor was unknown on the 
continent. 

Dr. Mouat said that during his experience in India he had found 
non-productive labor brutalizing. The tread-mill was tried at Calcutta, 
but caused many accidents and was abolished as cruel and unjust. 
H. Ex. 185 10 



146 INTERNATIONAL PENITENTIARY CONGRESS. 

The anger and bitterness shown by prisoners on asceuding or descend- 
ing it had always made him feel that it was unchristian. To make 
prisoners miserable is not the true way to regenerate them. They must 
have an interest in their work, and be taught to apply it to useful pur- 
poses. The prisoners under his charge had, during the last five or six 
years of his administration, repaid by their labor 40 per cent, of the 
cost of their maintenancej thus relieving the tax-payers and preserving 
the convicts' self-respect. 

Dr. Frey, of Austria, said that in the Austrian prisons industrial 
labor prevailed. This alone would call forth the full working powers of 
the prisoner. 



CHAPTEE XIX. 

THE PRISONER AFTER HIS LIBERATION. 

§ 1. Best mode of aidinfj dlsoliarged prisoners. — Mr. Murray Browne,, 
secretarj' of the Metropolitan Discharged Prisoners' Relief Society of 
London, opened the discussion with a paper showing the operation of 
the English system of aiding liberated prisoners. The thirty-four 
societies established for this purpose are all voluntary associations of 
benevolent persons. The majority, however, possess a semi-official 
character, from the fact that the gratuities allowed by law to the pris- 
oner on his discharge are, instead of being given to him dii-ectly, placed 
in the hands of a prisoners' aid society in trust, the society being re- 
({uired to account for each sum so received, which varies in amount 
from a few shillings to £3. Tiie additional funds required by the socie- 
ties for the ])rosecution of their work are raised by voluntary contri- 
bution. 

These societies may be divided into two classes : those which 'assist 
men and those which assist women. Of the former, only two maintain 
homes or refuges. The most important of these is the Wakelield In- 
dustrial Home, where discharged prisoners are maintained as inmates, 
and kept at industrial work, often for a considerable time, until employ- 
ment can be procured for them elsewhere. 

Tills system has been tried in many other parts of England; but, 
although its success at AVakelield has been admirable, elsewhere it has 
failed, and a majority of the societies prefer another plan. They aim to 
find work for the i)risoner as soon as possible, to provide him with pecu- 
niary sui)port while waiting, and to aid him morally, by advice and 
assistance, as far as may be in their power. The most difficult part of 
their task is the finding of employment. Eor this purpose a paid agent 
— usually an old ])olice-officer — is emi)loyed, who is required to use great 
judgnuMit and ]>erseverance. It is found, in general, that the prisoner's 
best diance lies in a return to his own neighborhood, there to resume 
his former trade or occui)ation. Immigration is very seldom resorted to, 
rhi(!Hy on account of (expense. iMiiny lads are sent to sea in the mer- 
chant-scrvi(;(^ As a rule, the dilliculties in the way of obtaining situa- 
tions Ibr (lischarg(!<l male jjrisoncrs are not of such a nature that they 
cannot be ovi-rcomci by tact and energy. IMiere ari^, however, some per- 
sons fitted only for situations involving trust, such as clerks and others, 
leu- whom it is veiy haid to fiiul (Mnpioynu'ut. The society with which 
Mr. Jlrowne is himself connected has, for the jjast eight years, aided live 
liundred liberated luisoiu'rs auuiuilly ; and it has been the (experience of 
that oigaui/ation that it. isiie\ei' necessary to turn adrill a nuiu able 



AID TO DISCTfAliGED PRISONERS. 147 

and willing to work becanse no work could be found for him. This, Mr. 
Browne stated, was the general experience of prisoners' aid societies 
throughout England. And it further appears, from the records of his 
society and others, that not more than 5 per cent, of those who have 
been assisted in finding work have been recommitted. 

The societies which aid discharged female prisoners have, in some 
respects, a more difticult task, since, with the exception of a certain 
number of first convictions, almost all convicted women in England are 
prostitutes as well as thieves, thus requiring a double treatment. Be- 
sides which, private families very naturally object to receiving women 
fresh from the prison walls, the genuineness of whose reformation has 
not been tested. Accordingly, all female prisoners' aid societies employ 
homes of some sort or other. 

The refuges for convict-women {L e., women who have been sentenced 
to five years' penal servitude) are three in number, and possess a defi- 
nite ofiticial character, somewhat resembling the intermediate prisons of 
the Crofton, or Irish, system. No prisoner is allowed to enter them 
until she has received a certain number of marks in prison and has 
served a fixed proportion of her sentence, when she receives a ticlcct of 
leave and, at her own request enters the home, from which she may be 
returned to the prison for misconduct. While she remains at the refuge, 
she is employed in inilustrial labor. When the sentences of the inmates 
expire, the managers find employment — usually at domestic service — 
for all those who require it. The results are of the most satisfactory 
description. These homes for convict- women, being, in one sense, a part 
of the prison system, are partially supported by the state, but in part also 
by voluntary contributions. 

Other societies aiding discharged female prisoners exercise their own 
discretion as to the women they receive into their homes. They have 
no legal control over the inmates, nor do the}" receive any considerable 
assistance from state funds. They usually place their proteges at do- 
mestic service when they leave the homes. 

Mr. Browne stated that the societies in general found themselves 
greatly hampered in their work by the want of funds, which, he re- 
marked, was to be deplored on economic as well as reformatory grounds, 
since the pecuniary gain to the state-coffers from the reformation of even 
a few prisoners would i)ay the whole expense of a prisoners' aid society 
over and over again. He was of opinion, therefore, that liberal assist- 
ance should be granted from the public funds to these organizations. 

Mr. Powell, of Xew York, believed it to be the duty of government to 
found asylums for discharged prisoners, which should not be called 
prisons or houses of refuge, but industrial institutions. These institu- 
tions he would have conducted in some measure on the co-operative 
plan, so that the laborer should share the advantages of his toil. In 
addition to these establishments there should be in every community 
voluntary societies for aiding discharged inisoners. Lastly, he believed 
that prisoners should be taught the lesson of abstinence from intoxi- 
cating liquors as a beverage. 

M. d'Alinge, of Saxony, considered the question under discussion a 
most important one. There were in his country several societies for the 
aid of liberated jirisoners, King John having founded the first forty years 
ago. Lately these societies had been extending help to- the families of 
discharged prisoners also. 

Mr. Kankin, of England, said that he was honorary secretary of a 
society which undertook the care of prisoners discharged from convict- 
I)risons exclusively, while the other thirty-three societies took care of 



148 INTERNATIONAL PENITENTIARY CONGRESS. 

those discbaroed from county prisons. The record of re-convictious 
from 1809 to 1871 showed that of those whom his society had aided less 
that 6 per cent, had relapsed into crime. 

Baron Mackay, of Holland, stated that in the Ketherlauds a society 
for the aid of discharged prisoners had existed since 1823. Members 
of the society visit the prisons and distribute good books to the in- 
mates. On a prisoner's discharge the society tries to find a situation 
for him, gives him clothing and tools, or, rather, pays for his emigration. 
Especially are juvenile otieuders made the object of its care. The 
society formerly maintained, at the city of Ley den, a school for the 
training of this class of delinquents for the navy. Unfortunately, how- 
ever, owing to the refusal of the government to receive the inmates as 
volunteers, this institution had to be abandoned. The society has many 
branches in different places in Holland, and in sundry towns it has 
ladies' committees to visit female prisoners and promote their getting 
situations after their discharge. Experience has shown how eminently 
fit ladies are for these duties. 

Mrs. Meredith, of England, founder and manager of an establishment 
for the aid of discharged female prisoners, presented a paper in which 
the increased proportion, year by year, of recommitments of women 
■was noticed, and the proposition that it was impossible to help this 
class of criminals efiiciently without the aid of women was strenuously 
urged. 

Kev. Mr. E. Eobin, honorary secretary of the Paris Protestant Dis- 
charged Prisoners' Aid Society, said that in Prance the work of caring 
for discharged prisoners (called patronage) embraced industrial, moral, 
and religious instruction. Its aim was twofold, ^iz : First, to improve 
the prisoners' moral condition : and, secondly, to remove the distrust 
felt toward them, thus removing the two chief causes of their relapse 
into crime. The patronage extended by the Paris society commences 
by making a selection of the prisoners, through visiting them while 
in confinement, and by supplying them with religious books. On his 
discharge, the prisoner receives a card, and is thereby constituted a 
proiege of the society, who furnish him Avith food and clothing (no 
money is given) for a few days. When he obtains work, the society 
still Avatches over him, and he is reijuired to report to them every 
change of residence, tlie society still lending him material aid and 
moral support until he has become completely rehabilitated. This sys- 
tem luul [)roved very efficacious, not more than 5 per cent, of those so 
aided liaving relapsed into crime. jNIr. Pobin ])articularly urged the 
necessity of the aid societies having free access to the prisoners before 
their discharge. 

Mr. Murray JJrownc agreed with Mr. Pobiii that patronage should 
begin in the prison, and observed that that was practically dono in 
England, since the clia])lain was invariably either a member or the sec- 
retary of a jirisonei's' aid society. 

A nu-mber from J''i'ance i)resente(l an a(jcount of the work of the ])at- 
ronage eoinmitlee of Protestant ladies at JMontpelier. Tiiis society 
maintains a honu' ibr dis(;liitrged I'lolestant female ])ris()ners, where 
religious inshuetion is given, and tlie managers of which eiidea^vor to 
lind situations (bi- those inmates who give satisfactory evidence of ref- 
oiinatioM. "J'lie results wer(; re]>res(!nted as most gratifying. 

Dr. (luillaunie, of Swit/.erhmd, tluaiglit that tlie assistaiu'e given to 
discliMrged prisoners should be both moral and industrial, and should 
be given both by the .stat«' and by voluntary so(;ieties. Nor should the 
iniporf:iTu*e of teaching prisoners a trade in ]irison bi* overlooked, since 



REHABILITATION OF PRISONERS. 149 

this would be of material assistauce to them on discharge. Employ- . 
ment, too, should be provided for them as soon as possible, lest the 
prisoner, while wandering about in search of work, should lose his 
desire for it and once more fall into evil ways. ' The prevalent opinion 
in Switzerland was that the Crot'ton system best attained these desired 
objects. 

Mr. Bremner, of England, said that the experience of prisoners' aid 
societies in that country showed but little success in dealing- with female 
criminals, which he attributed in great measure to the fact that female 
visitors and agents were not employed. The aid furnished to the socie- 
ties by the state, too, was inadequate. So important did he consider 
the work of aiding discharged i^risoners that he believed that some plan 
of moral and material assistance should be embodied in the criminal 
legislation of a country, to become as definite a part of the general sys- 
tem as are the trial and imprisonment of the offender. 

§ 2. Best means of securing the rehahiUtatlon of prisoners. — Mr. Stevens, 
of Belgium, said that the reliabilitation, to be complete, must be both 
moral and legal. The former was to be obtained bj" giving each prisoner 
instruction in the particular religion which he professed. The most 
perfect religious freedom is preserved in the Belgian i)risons, and he 
earne^stly contended for the same freedom in the prisons of all countries. 
The legal rehabilitation of the prisoner was to be effected, in his Judg- 
ment, b3' freeing him from all restrictions, save those to which honest 
men are subjected. To make the forfeiture of political rights consequent 
upon imprisonment was to hang a weight around the prisoner who was 
striving to regain his position. A special patronage might be awarded 
to convicts whose conduct was good during imprisonment, which should 
be exercised over women by women and over men by men. He did not 
favor police supervision of criminals, as practised on the continent, 
although the friendly supervision contemplated by the Crofton system 
met with his approval. 

Mr. Hastiugs, of England, said that by act of Parliament any bench 
of magistrates in charge of a jail might employ, in addition to the regu- 
lar Protestant chaplain, a Roman Catholic chaplaiu, and pay his salary 
out of the funds at their disposal. There was then a bill before Parlia- 
ment making the employment of such chaplains compulsory. 

Sir Walter Crofton said that in all the Irish prisons there were em- 
ployed, in addition to the chaplaiu belonging to the Church of England, 
Roman Catholic and Presbyterian chaplains. 

Mrs. Julia Ward Howe, of Boston, thought that in dealing with this 
question it should be borne in mind that, as Mr. Emerson had said of 
the death of his child, "perhaps the world, and not the infant, failed." 
Too frequently the " failure" was rather on the part of society than of 
the prisoner. 

Baron Mackay was not in favor of the rehabilitation of prisoners be- 
ing effected by a judicial decree. The most perfect religious freedom 
prevailed in the prisons of Holland and Germany. 

Mr. Baker, of England, salt) that the loss of character suffered by a 
prisoner in consequence of his incarceration was a wholesome and 
natural part of his punishment. He maintained that it should not be 
easy for a liberated convict to obtain attractive and remunerative situa- 
tions; he ought to begin his new career with alower kind of work, and rise 
to higher positions as he showed himself worthy. Supervision, as prac- 
tised in England, was a powerful instrument iu the rehabilitation of the 
prisoner ; it was very rare to find a man under supervision out of work. 

Dr. Wines enumerated the civil rights which, in most of the states of 



150 INTERNATIONAL PENITENTIARY CONGRESS. 

the American Union, were forfeited by a conviction for felony, and ex- 
plained the '' commntation-laws " of bis country, under which a convict 
may shorten bis term by good conduct. In several of the states, be said, 
an irreproachable prison record wrought, of itself, a complete legal re- 
habilitation of the prisoner, restoring him at once to all his civil rights. 

Hon. Mr. Chandler, of Pennsylvania, stated that a conviction for fel- 
ony in that State did not work a forfeiture of any political rights. 

Sir John Pakington, of England, deprecated what he had conceived 
to be an implication on the part of Mr. Stevens that lioman Catholics 
were not allowed religious freedom in English prisons. He claimed 
that the English people were universally opposed to the ignoring of de- 
nominational differences among prisoners, and stated that as a member 
of Parliament he had supported the bill mentioned by Mr. Hastings, re- 
quiring county jail authorities to employ lioman Catholic chaplains.* 

§ 3. Best mode of givinr/ remission of sentences and regulating conditional 
discJiarges. — Sir AValter Crofton said that remission of sentences and 
conditional liberation were now interwoven with the convict- system of 
the United Kingdom. The maximum remission to convicts sentenced 
to penal servitude was a fourth of their term, after deducting the nine 
mouths spent in solitary confinement. The title of a man to remission 
of sentence was determined by a system of marks, by which he advanced 
from class to class, until, according to his deserts as thus indicated, he ob- 
tained a partial or entire remission. This system, in eflFect, amounted 
to a partial substitution of labor-sentences for time-sentences. Sir Walter 
defended the system of public-works prisons at some length, saying that 
they were based on jirogressive classification, and pointing to the vindica- 
tion of the Irish system by a recent parliamentary investigating com- 
mittee, known as Lord Deven's commission. He regarded conditional 
liberation, combined with registration, as the only reliable mode of test- 
ing the value of prison training and of obtaining trustworthy criminal 
statistics, without which there can be little unity of action. He was of 
opinion tliat it was a great in-otection to society, since it surrounded the 
commission of crime with obstructions so formidable as to deter habitual 
offenders. 

Mr. Tallack, of England, in reply to Sir AValtcr's defense of the pub- 
lic-works ]nisons, defended the cellular system, as ai)proved by the con- 
gresses of Utrecht and Frankfort, i)ieventing companionship with evil 
and allowing abundant coinmunication with good. He call(>d attention 
to th(5 fact tliat a few months ago :i convict at Spike Island had mur- 
dered a f'ellow-]>risoner, and stat(>d that there had been repeated murders 
at I'ortland, Chatham, and other ])nl)lic-works ])risons. 

Mr. Stevens stated that in lielginm conditional liberation was arrived 
at in another way from tliat enij)loved in l^higlaiul. Pednction of time 
was allowed; but as sei)arate detention without i)ossibility of demorali- 
zation, andwitli intercourse with good counselors, was ])referred to con- 
gregate lal)or, the reduction depended not so much on a prisoners con- 
duct as on his having uinhM'goiM^ a- ]>eiiod of se])aration proportionate 
to the sentence. I'here wer<r certain i)riviieges to be earned by good 
comliief, however, among wlii<'h was libeiation w ith cuitailment or re- 
mission of ])olice supervision. Incases of ('xe]ni)laiy conduct an<l entire 
reform, the ro\al ])rerogalive. of ]iar(h)n was exerciscMl. Lifej)risoners 
were kept in ceMnlar (^onlinenuMit for ten years, when, if they were. (;on- 
HJdered worthy of it, conditional liberation was granted them. Ifun- 



* Tlic) hill alliirled to was witliilr.iwn Ix-foio tho close of thn session, owiii;; to a want 
oftitnc. in llic i louse of L'oiiiiiioiis to discuss it. 



CONDITIONAL LIBERATION POLICE SUPERVISION. 151 

worthy tliey were collected ia a coininon prison, without hope of release. 
The result of this system was that the proi)ortiou of recidivists to those 
convicted of a first offeuse was but 4 or 5 per cent.; aud the annual 
number of criminals had declined from 7,000, to -4,000, in spite of increas- 
ing population and wealth. 

Hon. Joseph li. Chandler, of Pennsylvania, replying to Sir Walter Crof- 
ton's defense of the English system of granting "tickets of license," 
said that in the Eastern penitentiary of his State there were forty con- 
victs who had received these licenses. He was no friend to a system 
which led men to pretend to be reformed, and declared his decided i^ref- 
erence for the cellular over the Crofton system. He denied that that 
system was "solitary," and avowed that the only solitude it involved 
was a solitude as to demoralizing influences. Besides which it saved a 
man who was trying to lead a new life from being taunted by a former 
fellow-prisoner with being an ex-convict, thus often bringing upon him 
unmerited suspicion. 

Mr. Frederic Hill regretted to hear of the invasion of Pennsylvania 
by ticket-of-leave men ; but by way of explanation stated that the sys- 
tem, as formerly administered, did not, as now, make liberation depend 
upon good conduct ; and he thought that the men mentioned by Mr. 
Chandler must have been liberated under the discarded system. As an 
inspector of prisons, he had at first favored the cellular system, but ex- 
perience had weaned him from it. Mere isolation, while excellent as a 
part of a system, was not a system per se. Under the separate system, 
the absence of temptation rendered it dilficult to test reformation. 

Major Du Cane, chairman of the directors of English convict-prisons, 
said that in these institutions a prisoner was obliged to elfect his dis- 
charge by his industry. The maximum remission of sentence was one- 
fourth of the time remaining after serving out his nine months of sep- 
arate confinement. Great precautions were taken to insure the remis- 
sion being justly awarded. When conditionally liberated, a prisoner 
was under the supervision of the police, to whom he was obliged to re- 
port himself. If he gave evidence of going astray, the police might 
take him before a magistrate, and on proof of his misconduct he was 
sent back to prison. 

Mr. Xevin, one of the directors of the western penitentiary of Penn- 
sylvania, gave an account of the change made in that prison from the 
cellular to the congregate system, wliich, he said, had been attended 
with great benefit. 

Dr. Frey, of Austria, said that in that country cellular imprisonment 
was limited to three yenrs ; after that ])ortion of his sentence had ex- 
pired, a prisoner was placed under the congregate system. For him- 
self, he favored such a combination of the two systems. A prisoner 
should mingle with his fellow-convicts, so as to become prepared for 
Te-entering society, since, if kept entirely in solitary confinement, he 
would not be likely to withstand temptation on his release. 

Mr. Hastings, of England, remarked that keeping a prisoner apart 
was like keeping the hand on a spring; the moment you lifted your 
hand, it flew up. When a man thus treated was discharged, the 
change was so great that he was almost certain to fall back into his 
original habits. He should be educated for liberation, after passing- 
through the cellular stage, by associating with his fellow-criminals ; 
aud next by going to an intermediate prison, where he had much 
greater liberty, and where a further test was applied. If he still went 
on well, and gradually acquired habits of industry and fitness for lib- 
■erty, he passed into the further stage of liberation under supervision. 



152 INTERNATIONAL PENITENTIARY CONGRESS. 

§ 4. Siq)€rvisio)i of discharged conrtots. — Mr. Baker, of England, 
opened the discussion by explaining the law of England on this sub- 
ject. Under that law, a person convicted a second time of felony may 
be condemned, in addition to imprisonment, to police supervision for a 
period not exceeding seven years. He must, at the end of each month, 
report himself and give an account of his conduct either to the police 
or some person authorized to receive his report. He must give notice 
of a change of residence to the police of the district which he leaves 
and of that to whicli he goes. The police, as long as he complies with, 
the law, always prove his friends, assisting him in finding work and 
giving him, in case of need, money furnished by the prisoners' aid soci- 
eties. This system, Mr. Baker contended, was kind to the supervised, 
offering him complete liberty as long as he conducted well, and exercis- 
ing over him that friendly guardianship so useful to persons of intirm 
moral character. Moreover, it seemed to the public a protection of 
seven years instead of one, and allowed the term of imprisonment to 
be shortened by one-half, thus saving oue-haif the total cost of his 
expenses. 

Mr. F. Hill remarked that Eev. Mr. Clay organized supervision 
in Lancashire years before Parliament adopted it. He found it caused 
a diminution of crime and was beneficial to the prisoners, the police 
helping them to obtain work. 

]\Ir. Murray Browne said it was sometimes alleged that the police su- 
pervision would prevent prisoners getting work, but prisoners' aid soci- 
eties knew that this was not the case. Last year, on the home secre- 
tary taking their opinion, thirteen societes out of sixteen were favorable 
to the system. 

Mr. Stevens contended that, in countries where an organized police 
existed, discharged prisoners should be under no more supervision than 
other citizens. In Belgium a man might be sent by the police to a 
small place, not being permitted to go to large communities, but he 
might not finfl work there, and would be, in consequence, likely to relapse. 



CHATTER XX. 

MISCELLANEOUS POINTS. 

§ I. Whether prison oiflcers need special irainiiKj for their icorh. — Dr. 
Guillaume, of Switzerland, opened the discussion, maintainingthe affirm- 
ative of the question. Ho laid down the iK)sitions that it is for the in- 
terest of society that criminals shoid<l be reformed, and that they will 
be(;om<', good oidy when unceasingly surrounded by good inliuences. 
From th(;se jiremises he argued that the inlerior as well as the higher 
oflicers of a prison should be ac(|uaintcd with the moral aiul ])edagogic 
means of ])eiiit('ntiary treatment, which acciuaintance involved a recog- 
nition of the |)rinci|)le that a special education of prison ofiicers is neces- 
sary and indispensable. It was for each country to determine whether 
it is <l(^sirable to establish normal scliools for this ]mri)Ose, or whether 
the emj)loy»''S should i)ass a i)re|)aratory training in a ])rison, or receive 
a course; of jieriodical theoretic teacliing. S])eaking for himself, he 
wished the school forhaining ]>rison oHiccis to be in ccuinection with 
a [irison. ilaving seN'ct<'(l men of ordinaiy intelligence, command of 
t<;mi)er, i^c, they should be put into tiic training juison to learn their 
work, after which they should bo i»romoted aixording to merit, until, 



EDUCATION OF PRISON OFFICERS. 153 

possibly, tliey readied the top. These remarks did not apply to the 
governors or wardens of prisons, who shonld i)ossess snperior qaalifica- 
tions, and be endowed with a kind heart, sound judgment, general knowl- 
edge, and good temper. In conclusion. Dr. Guillaume said that he might 
summarize his views on this topic in the resolution adopted by the Prison 
Congress of Cincinnati in 1870, viz : 

Special training, as well as high qualities of. head and heart, is required to make a 
good prison or reformatory officer. The administration of public puuislunent will not 
become scientihc, uniform, and successful until it is raised to the dignity of a profes- 
sion, and men are specially trained for it as they are for other pursuits. 

Major Du Cane, director of English convict-prisons, thought that 
l^rison officers, like physicians and soldiers, should learn their duty from 
actual experience. No preliminary instruction could be as valuable as 
seeing the supervision of skilled officials in actual practice. He believed 
that the tone of the English prison officials was all that it should be. 
A moderate amount of intelligence and education was required, and due 
care was taken to secure these qualifications, as well as iirmness, hon- 
esty, and good temper. It was expected of them to convince the pris- 
oners that society was not their euemy, but ouly wished to show them 
the way of well-doing. He believed that the prison officials in Eugland 
did their duty efficiently, and that when recruits entered such a body 
they entered the best school in which to learn their duties. 

Baron Mackay, of Holland, said that Dutch legislation discouraged 
technical education, believing that better material was found in a man 
with a general education than iu oue trained ad hoc. lu the cellular 
l)rison at Amsterdam (the largest in Holland) it^ had not been found, 
'necessary to employ specially-trained officers. He agreed with Dr. 
Guillaume that training was desirable if it could be obtained within the 
prison-walls ; but he objected to a normal school outside the prison for 
the inculcation of theories. He favored the promotion of subalterns, so 
trained, as vacancies occufred in the prison staff. 

Sir Harry Yerney, M. P., while not doubting that persons taken from 
the intelligent classes might make good prison officers, was, neverthe- 
less, of the opinion that persons specially trained to the work would be 
more efficient. It had occurred to him. Why should not prison governors 
be selected from the subaltern officials? In England they were taken 
from the army and navy; but it might, perhaps, be better to advance 
prison officers. Many years ago, while visiting Dr. Wichern, at the 
Kauhe Hans, near Hamburg, he had seen there a number of young men 
being educated to take the place of officers in the prisons at Berlin. 
The idea struck him favorably at the time, and subsequent reiiection 
had confirmed him in his opinion. 

Mr.,Rathbone, of England, pointed out an objection to the promotion 
of subalterns to the highest offices, viz, that the salaries now given did 
not attract men of education to these posts. A governor needed quick 
perception of character and great firmness — qualities, in his opinion^ 
not specially cultivated by prison life. . 

Major Fulford, governor of Stafford jail, England, thought it would 
be absurd to have a normal school for subordinate officers. At his jail, 
such officers were always taken on probation, and, if found incompetent,, 
were dismissed. 

Dr. Mouat, of England, thought that, what the hospital and dissecting- 
room were to the surgeon, the prison was to officials. Intelligence and 
good moral character were indispensable, but it was in practical expe- 
rience that they mnst learn their work. As to prison governors, he 
thought that, other things being equal, men should be selected who 



154 INTERNATIONAL PENITENTIARY CONGRESS. 

were geutlemen and men of etlycation in tlie broadest sense of the 
words. A prison was a moral hospital, which required a large amount 
of knowledge of mental phenomena, of religion, and education, and 
high aims in reclaiming the idle and vicious. Some special training was 
therefore advisable for both subordinate and superior officers. 

Dr. AVines said that M. Demetz, the founder of the reformatory at 
Mettray, was so convinced of the necessity of a special training for 
those intrusted with the care of criminal men and boys that he had es- 
tablished a preparatory school, and spent an entire year with his col- 
leagues in training twelve or fifteen young men as officers before he ad- 
mitted a single inmate. The school had been kept up ever since, with 
twenty-five to thirty young men constantly in attendance, having a 
three years' course of training, and M. Demetz was strongly of opinion 
that Mettray would not have succeeded without it. The success of this 
reformatory probably sui^passed that of any other institution iu the 
world, scarcely 5 i)er cent, of those who left it ever returning to a career 
of crime. 

§ 2, Whether tmnsportatlon is admissible and expedient in punishment 
of crime. — Count de Foresta, of Italy, iu opening the discussion, said 
that transportation, as carried on iu France — transportation with com- 
pulsory labor in a colony — he approved of as the best, punishment for great 
criminals, believing that it answered perfectly the double object of all 
punishment, viz, the protection of society within the limits of justice, 
and the reformation or amendment of the convict. It protects society 
by casting out from its bosom the most dangerous criminals, avoiding 
the grave inconveuien£'-es of relapses, and deterring would-be criminals 
by the prospect of banishment from their country and family. It en- 
courages the convict b^' giving him a hope of becoming again useful to 
society and beginning a new life far from his old haunts, whither he 
may bring his family, or, if he have none, may found a new one. While 
thus ajiproving of the main features of the^ French, as distinguished 
from the English, system of transi)ortation, the cou)it pointed out the 
defects of the latter and criticised them sveerely. 

Mr. Pols, of Holland, thought that to send convicts to another coun- 
try was unfair. If sent to a new colony, the natives were doomed to 
extermination. If the convicts were colonized, their descendants would, 
as iu the English colonies, object to receive them, and the system would 
again have to be changed. Transi)ortation for any length of time was 
impracticable. 

Count Sollohub, of Ifussia, thouglit that transportation might be ben- 
eficial if a locality were selected which needed colonization and cultiva- 
tion and extiirnal aid for Hie develoinncnt of its resources. 

Afr. Hastings, of JOngland, remarked that to send convicts to an 
inhabited country was to wi'ong its citizens, whowouhl, when they were 
able, i-esist it. To send them to an uninhabited (M)untiy was merely to 
send 1 hem to a jnison ten thousand or twelve thousand miles off, far 
i-emoved fiom i)ul)lic su])ervision,.Ji system always liable to great abuse. 
Moreovei', tin? cost of the sui)])ortof tin; convict was as great or greater 
as atlioiiM', and the ex))ense()i' the voyage had to be iiumned in addition. 

Count de J<\»resta, in i"e|)Iy, said tiiat in^ totally disa])i)ro\'ed of trans- 
]»ortati()n as foi-merly piaclised under the, I'higlish law. J le advocated 
sending convicts un<|er lifeor lifteen or twenty year senteiH;(\s to distant 
and, if ]>r)ssil»h'. iiiiiiilial)ited regions, with separation at night and <;om- 
]>uIsory hiltor. When sneh cohinies ultimately refused to receive con- 
vi(;ts, (as tlie Australian colonies had,) it would Im' time enough to 
consider what shonhl I)e done. 



TRANSPORTATION LABOR WITHOUT IMPRISONMENT. 155 

Baron von lloltzendoiff thou^lit that the experience of Enalaiid was 
strongly against transportation, but tbat.tbe question should be left 
open to the decision of countries that believed themselves to be placed 
under better conditions than England. 

§3. Whether short inqnisonments and the 7ion-i)aijmcnt of fines may he 
replaced by conqrulsory labor without privation of liberty. — Count de Fo- 
resta, of Italy, explained to the congress a jiian for effecting the end 
proposed in- the title of the present section. He pointed out the evils 
attendant npou the imposing of sentences too short to admit of instruc- 
tion or reformation, yet long enough to allow of the prisoner becoming 
morally corrupted. He believed that these evils niight be diminished, if 
not entirely removed, by substituting for imprisonment obligatory labor 
during the day, leaving the condemned free to return to their families 
in the evening, like ordinary laborers. Again, as regards the payment 
of fines, since labor is the poor man's capital, the count urged that it 
Avould be more logical lor society to re-imburse itself by means of his 
labor than to fling him into a cell, where he produced nothing. He ad- 
mitted that this i)lan would prove difficult in execution, but denied that 
it was impracticable, and instanced many ways in which the condemned 
might be employed. He thought the system could be made applicable, 
especially in localities where there were large barren tracts to be re- 
claimed, or roads to be constructed. 

Mr. Tallack, of England, remarked that the treatment of vagrants 
in that country was analogous to that proposed by Count de Foresta for 
petty offenders, which he approved, and would be glad to see adojited. 
It would prove beneficial to the offender himself in many instances, and 
the worst portion of the community would be deterred without breaking 
up homes antl ruining families. 

E,ev. Mr. Collins, of England, favored the plan proposed by Count de 
Foresta. He had seen the agony caused in a respectable family by its 
l)rincipal member being committed to prison and branded as a jail-l3ird. 
Imprisonment should be made an object of dread, by surrounding it 
with disgrace and resorting to it as seklom as possible. He had long had 
misgivings, as a magistrate, whether he had not helped men to become 
criminals, rather than deterred them, by the imperative way in which 
the law required him to substitute short imprisonments for fines. By 
sending men to prison for a mere trivial offense, the feeling of shame 
was broken down, whereas self-respect should be maintained. 

Mr. Stevens, of Belgium, thought that practically there would be 
found inconveniences in the system. Some prisoners were unaccustomed 
to manual labor. Again, how could employment be found for painters, 
musicians, &c. ' Work in public would lack the penal element neces- 
sary in prison discipline, even for trifling offenses, and there would be 
some danger in collecting a dangerous class of men together, without the 
X)rivation of liberty. He preferred to shut men up and subject them to 
moral influence. 

Sir John Bowring considered the plan entirely feasible, if the condition 
of individual offenders and the circumstances of the locality were taken 
into account. In an agricultural district the men might be employed 
in agriculture, while iu town they Avould be accustomed to various trades, 
which might be carried on by them. He once found a locksmith iu a 
solitary cell earning seven shillings a day. 

Baron Mackay, of Holland, regarded the proposal as chimerical. If • 
the condemned received less than his wonted compensation, the i)unish- 
ment fell more heavily on his family than on himself. If, on the other 
hand, he received full pay, the only change in his mode of life being 



156 INTERNATIONAL PENITENTIARY CONGRESS. 

•working in one place instead of another, where would be the punish- 
ment ? It would be a punishment only for those unaccustomed to man- 
ual labor, to whom it would be an aggravation rather than an alleviation, 
while, in such cases, mere intellectual work, if allowed, would be too 
slight a punishment. 

Mr. Bremner, an English magistrate, thought the imposition of fines 
a very unequal punishment, and believed that, in case of inability to pay 
a fine, justice demanded some other alternative than imprisonment. 

Baron von Holtzendorlf would point to Prussia as a proof of the 
feasibilitj" of the scheme. For twenty years there had existed a lavr 
providing labor as a substitute for a tine in the case of offenses against 
the forest-laws and wood-stealing. 

§ 4. The proper limits of the power of boards of prison managers as re- 
gards the administration of prisons. — M. Loyson, of France, said that,' 
in his country, there were regularly-appointed commissioners of super- 
vision, whose functions were carefully defined. Their special mission 
consisted in promoting the moral and religious reformation of the con- 
victs. The commissioners and the prison governors were entirely inde- 
Tiendent of each other. If the former perceived anything requiring 
correction, they notified the director, and, in case he refused to interfere, 
they might appeal to the prefect of the department or to the minister 
of the interior. Their services were entirely gratuitous, and they were 
generally chos(*i from the leading inhabitants of the district. He be- 
lieved that this system, as a whole, offered advantages which no other 
conld, since the daily visits of local commissioners were better than the 
occasional visits of inspectors. 

31. Vaucher-Cremieux, of Switzerland, said that in that country the 
grand council of the canton appointed a commission, which was uncon- 
nected with the prison authorities and whicli might visit the prison at 
their discretion. They could point out defects and suggest remedies, 
but had no executive power. 

Colonel Ilatcliff, of England, said that the visiting justices in each 
count3^ saw that the law was properly administered, while the govern- 
ment sent down an inspector yearly to examine all the details of admin- 
istration. 

§ 5. Whether the government of prisons should he placed in the hands of 
one supreme central author itg. — Mr. Hastings, of England, thought that 
the plan adopted in that country, of Iiaving the county jails entirely dis- 
tinct Irom the higher grade of itrisons — the former being under the con- 
trol of the lo(;al autliorities, the latter under that of the general govern- 
ment — was ]»referable to a uniform system, under which all penal 
institutions should be subject to one (HMitral authority. Such a system, 
whih; it would undoubtedly llav(^ its ad\'antages, would be apt to become 
Htereotyi»ed. J le doubted whether it could be authoritatively declared 
that any one system was so far su[)erior to all others that it ought to be 
enforc(Ml cvciywhere. A variety of details and an intercliange of 
opinions jind experiences would probably i)ave the way for a better 
system than any whi(;h (;ouid be theoretically devised. 

Mr. I'loos van Anistel said that in Holland the minister of justice was 
chief administrator of jnisoiis. A cliang(M)f ministry, which was not 
infrefpient, always involved tli<', ]>(»ssibility of changes in |)rison manage- 
ment. To secur(f ])eiiMaiien('e, he thought that a council of three or four 
nu'mbers sliould act with the minister. Local boards, nominated by 
the government, were (charged with the interior administration or 
supervision of the i)risons in every locality. 

Mr. Stevens, of Belgium, admitted that [nditical detjentralization had 



CENTRAL AUTHORITY PRISON STATISTICS. 157 

its advantages, but questioned whether this was the case with adminis- 
trative decentralization. In Belgium, all prisons were under a uniform 
system. It" a local commission suggested an improvement, it was con- 
sidered by the central authority, and, if approved, was introduced in all 
prisons. Punishment as well as law surely ought to be uniform. 

Dr. Guillaume, of Switzerland, said that each of the twenty-five Swiss 
cantons had its own legislature and administration, thus preventing any 
uniformity. He believed, however, that a central authority (he would 
say the minister of the interior) should have the direction of prisons, 
refuges, and similar institutions having a preventive or other elfect on 
crime. 

Messrs. Carter and Baker, of England, warmly defended the English 
isystem of local management for local prisons. County magistrates, in 
their opinion, were better acquainted with the feelings of the people, and 
could therefore manage the jails better than a central authority. 

§ 0. Iniernational prison statistics. — Mr, Beltraui-Scalia, of Italy, said 
that it was needless to show the utility of penitentiary statistics, which 
alone could furnish legislators with the elements necessary for a reform 
of the penal system, and which, moreover, "would furnish judges with 
valuable hints in the application of punishment. He deplored the want 
of success which had attended the recommendations and eftbrts put forth 
in this direction by the x)risou congresses of 1858 and 1803, and by the 
statistical congresses of 1857, 1860, and 1870. He thought that an interna- 
tional commission ought to be appointed, comprising representatives of 
the different countries, which would lay down the basis of international 
prison statistics, leaving each government free to determine the form 
and time of the ofidcial publications it considered useful. The statistical 
congress at the Hague, in 1870, had expressed a wish that the tables be 
prepared, not onlj^ in the language of the country, but also in French. 
He regarded the suggestion as a good one. 

Count Sollohub, of Russia, considered the suggestion of Mr. Beltrani- 
Scalia with regard to an international commission not only wise, but 
feasible. He felt sure no country would refuse to co-operate. 

Dr. Frey, of Austria, thought that a comparison between different 
countries would be attended with some diSiculty, though he hoped not 
insuperable. A different percentage, under different systems might be 
due to nationality, not to system. Thus, if the question arose how many 
persons suffered from lunacy' under isolated and how many under congre- 
gate imprisonment, the percentage of lunacy in the country should be 
considered. So with regard to the rate of mortality in prisons. 

Dr. Guillaume, of Switzerland, urged the importance of criminal 
statistics as a guide to prison-reformers. Minute information should be 
obtained of the criminal, so that the springs of crime might be ascer- 
tained and dried up. 

Professor Leone Levi, of England, proposed that an international com- 
mission be appointed by this congress to lay down the principles of a 
yearly statistical report on crime and prison discipline. Uniformity 
of nomenclature of crime was indispensable in order to ascertain its 
increase or decrease, ^\''hat was murdec in one country was not mur- 
der in another. A system should be devised that v/ould guard against 
ambiguity in this regard. 

§ 7. The best means of repressinfj criminal capif-alists. — Mr. Edwin 
Hill, of England, began the discussion by reading a paper on this sub- 
ject. He thought that the public mind was at fault in not having, as 
^et, grasped the important truth that crime on a large scale is a craft, 
so far organized as to require the co-operation of labor and capital for 



158 INTERNATIONAL PENITENTIARY CONGRESS. 

its successful operatiou. These " criminal capitalists ''lie divided into 
four classes, viz : 1, the providers of homes for the predatory classes — 
i. e., owners of real property occupied by thieves ; 2, keepers of " ilash- 
houses," or establishments wherein thieves meet for purposes of carou- 
sal and to plot the crimes they intend to perpetrate ; 3, booty-mongers, 
or receivers of stolen property, called, in thieves' slang', " fences ;" and, 
4, the inventors and manufacturers of burglarious implements. He 
believed and knew that so dependent were thieves upon these four 
classes of capitalists, if the supporting capital were withdrawn, thiev- 
ing, as a vocation, must cease. He instanced two distressing evils 
which, in such case, could not fail to be suppressed, viz, first, the birth 
and nurture of children so environed by criminality as to have, practi- 
cally*, no means of escape ; and, secondly, the street-corruption of honest 
men's children by evil associations and the enticement to pilfer now 
offered by tlie purchasers of petty pilferings. He admitted that organ- 
ized criminality would cease as entirely, could the mere operative thieves 
all be driven from the field, but urged that the want of success that 
has so far attended the vast efforts put forth and the enormous ex- 
pense incurred by society in seeking to effect this was an argument to 
try the i)lan that he had suggested, which he considered much more 
certain, far less expensive, and equally effectual. He pointed out what 
he considered to be numerous defects in the existing English law on 
this subject, and suggested changes for the purpose of, first, effectually 
deterring the owners of real property from suffering it to become a 
refuge for criminals; and, secondly, to render the conviction of receivers 
of stolen property more easy than it now is. He also urged the Justice 
of heavily mulcting all capital found aiding the operations of criminals 
to defray the enormous expense of police, prisons, &c. 

Mr. Serjeant Cox, of England, said that in that country ai law had 
been recently passed increasing the minimum quantity which a marine- 
store keeper or Junk-dealer was allowed to purchase, this class of deal- 
ers being usually encouragers of petty pilfering by purchasing the 
stolen bits of iron, old roi)e, and other articles purloined by children. 
The effect of this law had been to materially reduce the number of such 
crimes, and he believed if its i)rinciple were extended to other articles, 
and shoi)-keopers were prohibited purchasiug from children under a 
certain age any commodities whi(;h they were not likely to have acquired 
rightfully, and restrictions were ])laccd upon the hours during which 
marine-store dealers might be dealt with, very much good would proba- 
])ly ensue. In tlu^ court over which he i)vesided he had made it a prin- 
<iple always to give the receiver double the i)unishment inllicted on the 
thief. If this rule were universally carried out, receiving would be re- 
garded as a much nujre dangerous employment, and the limitation of the 
number would increase tlie check we coujd keep on those that re- 
mained. 

Hon. .]. It. ('handler, of I'ennsylvania, stated the law in America 
on this suhjcct to be that the owner of stolen property could always 
com|)(!l tlie party in whose possession it was found to account for the 
jnanner in which it <;aine into his i)ossession, and that a house wherein 
trade in stolen goods was (;arried on could be di^alt with as a "disor- 
derly house." As to that class of capilidisls who amassed wealth out 
of tlie ruin of one sex, he considered hanging their merited punishment. 

ColoiK^l JlatelilC, oi' Mngland, thought it impracticable to re(iuire the 
inspectors of houses to close those buildings wherein known thieves 
lived, lie said that it was ol'ten an a<hantage to the ]K)lice to Uno\^ 



CRIMINAL CAPITALISTS WHIPPING AS A PENALTY. 159 

the houses in which thieves cougregateil, since it enabled them more 
readily to lirid men of whom they were in search. 

Mr. Aspinall, of England, thought that an incorrect impression 
might be derived from Mr. Hill's statement as to the diftlciilty of con- 
victing receivers under the English law, which was very much the same 
as Mr. Chandler had stated to be the law of his country. It would be 
an encroachment on the liberty of the subject to allow private houses 
to be searched without special warrant, but all public houses were open 
to police visitation at any moment. All Junk-dealers were required to 
take out a license, and to enter in a book, subject to police inspection, 
every transaction in metals and that sort of property which children 
were tempted to steal, from the facility with which it could be turned 
into mouej'. Besides which, it was not uncommon in his own city (Liv- 
erpool) for the nmgistrates to punish the receiver seven times as much 
as the thief. He made these statements, fearing, that strangers might 
receive an exaggerated idea of the defects of the English law in this par- 
ticular from Mr. Edwin Hill's paper. 

§ 8. Whether tchqjping is expedient as a punishment for crime. — Mr. Pols, 
of Holland, sai<l that, not out of sympathy with rufhaus, but w ith honest 
people, he urged the abolition of bodily iuHictions in punishment of 
crime, which he considered wholly ineiiicient as a means of social de- 
fense, engendering cruelty, and being far more injurious to society, 
which imi)osed it, than to the criminal, wiio sulfered it. In inflicting 
punishment regard should always be had to its probable reformatory 
results The criminal's moral and religious feelings should be respected 
and fostered, a love of order and of labor implanted, his sense of re- 
sponsibility and his power of self-restraint increased. To effect this, we 
must reach the understanding, the way to which was not through the 
lash. He did not believe that there were any criminals so hardened 
that this faculty could not be reached through moral suasion ; 
while violence bred violence, harshness engendered hatred, hardness 
excited to revolt. In Holland, flogging had been prohibited in the 
school and the prison, and expunged from the penal code. In each in- 
stance, its abolition had resulted in a diminution of the offenses for 
which, previously, it had been inflicted. In the arm}-, although not 
formally abolished, it had been practically discontinued for forty years, 
during which time insubordination had steadily decreased. He had no 
hesitation in attributing to the abolition of corporal punishment no 
small share of the happiness of Holland, and what was true of Hol- 
land he believed to be true of other continental states. 

Mr. Aspinall, of England, observed that apparent was not always 
real philanthropy, and that, while regarding the reformatory element of 
punishment, that which was deterrent should not be overlooked. He 
was for resorting to corjjoral punishment where every other agency 
failed. Wife and women beaters deserved the lash, and in the majority 
of cases no other i:)uuishment had any effect. Could any one see the 
blackened eyes, discolored flesh, and crippled forms of wretched women 
and children, he would say that the monsters who produced these de- 
served corporal punishment. 

Colonel Eatcliff, of England, thought that there was a certain class 
of men who were susceptible to no other influence. That it was effi- 
cacious he maintained was proved by the fact that, immediately' after 
thepassageof the act visiting garroters with corporal punishment, rob- 
beries with violence were no more heard of. 

Dr. Marquardsen, of Bavaria, remarked that public opinion in Eug- 



160 INTERNATIONAL PENITENTIARY CONGRESS. 

land had been unduly influenced by the garrotinj^ panic, but for which 
it would have kept pace with, that of the continent on this question. 

§ 9. ExtradHion treaties. — Dr. Frey, of Austria, introduced this ques- 
tion, maintaining that the negotiation of treaties between civilized states 
for the extradition of criminals ought not to be influenced by political 
considerations. There could be no doubt, he said, that the absence of 
such treaties constituted a temptation to criminals, who knew tliat they 
could commit a crime, and afterward enjoy immunity from arrest in a 
neighboring state. Hucli treaties were, therefore, of vital importance. 

No discussion followed Dr. Frey's remarks. 

§ 10. Woman''s icorl- in 2J>'i-^0HS. — Mrs. Chase, of Rhode Island, opened 
the discussion on this question by alluding to the eftbrts that have re- 
cently been made in several of the States in her country to secure the 
appointment of women on the boards of state-prison inspectors. She 
said that those who urged this measure based their claim primarily on 
the ground that it is the duty of women to share with men in the care, 
instruction, and reformation of criminals, and that they can best do so it 
empowered with the same authority. Criminal women especially need 
the sympathy and society of their own sex; and the women who are 
usually employed in the capacity of prison matrons are not, she thought, 
generally capable of comprehending the peculiar condition of these un- 
fortunates, which, on several accounts, is more deplorable than that of 
criminal men. Nor, in her opinion, was the evil remedied by volunteer 
visitation of prisons by women. While much may be accomplished 
through this means, still a woman who feels that she is so employed by 
permission only cannot fail to be greatly embarrassed ; and, if she call 
attention to any abuse, her criticism is regarded as unwarrantable inter- 
ference, and often leads to her exclusion. She also called attention to 
the softening influence that good women might reasonably be expected 
to exert over male criminals separated, in many cases, from their fami- 
lies and removed from all home associations. Again, the counsels of 
women in the boai-d of inspectors would be valuable in all matters per- 
taining to the domestic economy of prison. As a member of the 
legally-constituted board of female visitors of the Rhode Island state- 
prison, she knew tliat the attention of the inspectors was maiidy given 
to the men. As the chaii'man of the board of inspectors had said to her, 
"-We cannot go into the women's hospital, and we know nothing about 
it." This inattention, which she believed to be general throughout the 
country, she attributed to three causes: flrst, the comparatively small 
numbcrof women in ])rison made it seem less im])ortant that they should 
be looked after; secondly, good men regani a- fallen woman as so much 
worse than a fallen man that they involuntarily shrink from association 
with her ; and, thirdly, the ))ublic sentiment that regards fallen women as 
hopelessly lost follows them within the ])rison-walls, and the inspectors 
feel that tlicy cannot hold out to them the same hopes as to men. An 
inspector liad once said to lier, " AVe'don't know what to say to them." 
She believed that if there was anything to say to them, if in any way 
the ])atli to a life of virtue could be oixmumI to them, if the stone which 
an unjust ])nl)li<; senlinuiiit had laid over the grave of their respecta- 
bility could ])(', r()lle<l away, it must b(^ done by women, aiul from her 
own ex])erien('e she, knew tliat, to do tliis thoionghly and well, women 
must shai-(; with men the res]M)iisil)ilily and authority which guide and 
eontrol these institutions. 

.Miss Miiiy C;ii-penter, of lOngland, was not om; of those who desired 
that woman should t;il<e the i)lace of )iian oi- do man's work, but she 
wished to deline v/lnit, in her judgment, was the special work of women 



EXTRADITION TREATIES WOMAn's WORK IN PRISONS. 161 

ia connection with prisons. She believed that everything which con- 
cerned the reformatiou of female convicts should be solely, and the re- 
formation of children partly, under the care of women. Children requir- 
ing reformation should be placed in homes, not in prisons ; and there 
can be no true home without a mother, oi a sister, or some woman to con- 
trol it. Ladies ought to conduct and manage reformatory schools for 
girls. She admitted thart a majority of women were incapable of man- 
aging business arrangements in a board, but thought that they might 
be trained to it. It was also very important that the higher influence 
of educated women, when combined with an earnest, philanthropic, and 
religious spirit, should be brought to bear upon female convicts. She 
was aware of the great difficulties attending the visitation of prisons by 
women, but they had been triumphantly] surmounted in the convict- 
prisons of Ireland, where ladies of approved position and character were 
permitted to visit the inmates, each lady confining herself exclusively 
to the denomination of female convicts to which she belonged. This 
system had worked admirably. She agreed with Mrs. Chase that lady 
visitors ought to have an official i)osition. It was, however, when a 
woman had left prison that the good offices of her own sex were espe- 
cially required. She would give to ladies such a part in the reformation 
of convicts out of prison as was done at Golden Bridge, in Ireland, in 
the institution which Sir Walter Crofton established. In that country", 
where the majority were Roman Catholics, the gentleman named had 
requested the nuns of the Gelden Bridge Convent to take charge of 
female prisoners before their terms of sentence had expired, the institu- 
tion receiving an allowance for their maintenance from the prison author- 
ities. If their conduct while there is bad, they are remitted to prison ; 
if good, families were found in abundance willing to take them into 
their homes. So successful had this system proved, that out of the 
thousands of cases that had passed through it, there had been very few 
relapses. Sir Walter Crofton had, after great eftbrt, obtained i)ermis- 
sion of the government to try it in England. This he had done on a 
small scale, and with like success. The institution had been entirely 
under the control and management of women, though of course there 
had been, behind their authority, legal power to direct. 

Miss Emily Faithful, of England, desired to bear her testimony to the 
great value of the institution to which Miss Carpenter had referred as 
having been founded by Sir AValter Crofton in England, and thought it 
very desirable that such establishments should exist in every part 
of the country, since it was of vital importance to a discharged female 
prisoner that an opportunity of leading a better life should be afforded 
her. But for families to receive these women i)romiscuously into their 
homes, immediately upon their release, would be jn'oductive of more 
harm than good. She deeply felt the necessity for the appointment of 
lady-visitors, but thought that women should be specially trained for 
this work. 

Mrs. Julia Ward Howe, of America, thought that, if it were well to 
have female physicians in certain cases of bodily disease, it was equally 
important that some of the doctors of crime should be women. She 
believed that women themselves and society at large were both at fault 
in this matter. 

Mrs. Lewis, of England, spoke of her first visit to the large female 
prison at Fulham. A lady-visitor had not been seen for mouths, and 
the cheering influence produced by her visit, alike upon officials and in- 
mates, was plainly perceptible. The inference that she drew was that 
lady-visitors could not be too often admitted to these establishments. 
H. Ex. 185 11 



162 INTERNATIONAL PENITENTIARY CONGRESS. 

Mr. Brennier. of England, said that only women could approach the 
better feelings of fallen women, and he thought that the non-recogni- 
tion of this principle by prison managers was a grave mistake. He 
believed that lady-visitors should have an official position in female 
prisons, which would free them from the charge of meddlesome inter- 
ference. As a proof of the inability of men to supply the place of 
women in this work, he remarked that the Prisoners' Aid Society of 
Manchester had failed so entirely in its work among liberated female 
convicts that it had abandoned it altogether. 

Eev. Mr. Crombleholme, of England, had, as a manager of an industrial 
school for boys, felt the necessity of having a good woman to deal 
with them. A large proportion of children born in prisons and work- 
houses, or sent to work-houses, died before reaching the age of seven 
years, for want of a woman's motherly care. He believed, moreover, 
that it was impossible to reform women except through female agency. 
He believed that an official board of lady-visitors should be attached to 
every prison. 

Lady Bowriug spoke of the peculiar difficulties that beset fallen 
women on attempting to reform their lives, and urged the appointment 
of an official board of ladies in connection with each female prison, who 
might awaken a desire in their breasts to lead a better life, and might 
render such an end more easily accomplished. 



CHAPTER XXI. 

PEEYENTIVE AND REFORMATOIIY WORK. 

Eev. Charles L. Brace, secretary of the New York Children's Aid So- 
ciety, introduced the discussion of this topic in a long, able, and inter- 
esting pai)er on the prevention of juvenile crime in large cities. He 
believed that the greatest danger to both property and life in large 
cities was from the class of ignorant, neglected, and outcast youth, the 
fearful increase of whose criminal precocity couhl be checked only by 
organization and combination. _ The task, even under the most favorable 
conditions, is one requiring great skill, judgment, and perseverance. 
The first influence needed is sympath3^ The great majority of these 
outcasts cannot believe that any one cares for them. This solitude is 
what especially.drives a girl to despair and ruin. When these children 
begin to learn that those more fortunate in life have a sincere sympathy 
for them, half the danger has ])assed away; they become susceptible to 
reforming iiilluences and are less exposed to temptations to vice and 
crime. The, se(;ond influence indispensable to the successful prosecution 
of this work is edu(;ati(»n, or school-training, Mhich inculcates habits of 
steady labor, i>unctuality, and exactness, and a taste for knowledge, 
besides «Mial)ling the youth to earn his bread. To make education, how- 
ever, universal, it should be gratuitous and compulsory. Together with 
Hchool-trainiiig naturally comes discipline, invahmble to these street- 
wan<lerers, nnae(;ustome«l as they are to self-control and submission to 
law. Ibit, in tea(;liing them discipline, their independence and self-help, 
80 far from being clu^cked, should l»e encouraged. Industrial training, 
also, should be iiii|>arted to these children. It is not desirable, however, 
to attempt selfsupitorting industrial movements among them, but rather 
to fit tliem for any occupation l)y tea<-hing habits of industry, licligion 
is an indis]»ensal>Ie element iu any comliination of inlhiences designed 



PREVENTIVE AND REFORMATORY WORK. 163 

to effect a saving work among these juvenile vagrants. Nothing else can 
strengthen them against the tide of evil influences in which they are 
placed. Mr. Brace further mentioned, as the final and best practical 
agency iu efforts in large towns for this class, the plan of "placing out," 
or emigration to country districts. This breaks up all the worst associ- 
ations about these unfortunate youths, takes them from their companions 
and haunts of vice, puts them where others will respect them if they 
respect themselves, gives them the best of all labors for " minds dis- 
eased" — labor on the soil — opens to them a chance of success and com- 
petency, and places them in the most useful class in every country, the 
tillers of the ground. Besides the advantages here indicated, this plan 
commends itself on the score of economy, the expense of "placing out" 
being a bagatelle compared to that of a public institution, such as an 
alms-house, asylum, or reformatory for an equal number. It relieves 
the community of paupers and future criminals, and destroys hereditary 
pauperism. Mr. Brace then gave an extended account of the formation 
and work of the New York Children's Aid Society, whose chief agency 
he stated to be "placing out "these children in country homes in the 
Western States, which has been, iu his opinion, an unmingled blessing, 
and the most economical charity ever devised. The number of children 
thus sent West since the formation of the society has been 22,000, of 
whom comparatively few drift back to the city. 

Miss Mary Carpenter, the manager and founder of the Eed Lodge 
Reformatory for Girls, Bristol, England, continued the discussion by 
the reading of a most valuable i^aper on " The Principles and Eesults of 
the English Beformatory and Certified Industrial Schools." The system 
on which these schools are conducted has been already so fully explained 
in Part First of this report, that but a brief resume ot the main points in 
the very interesting paper by Miss Carpenter will be attempted here. 
The difference between the two classes of institutions mentioned in the 
title of the paper lies in the fact that to the former may be committed 
for a certain number of years children guilty of any act punishable 
with not less than fourteen days' previous imprisonment, while the latter 
are intended for young persons in a state of procJivity to crime. Both 
classes of schools must be established by private benevolence, but must 
be inspected by some one appointed by the secretary of state, and if he 
certify them as fit and proper for the purpose, the state grants a fixed 
sum per capita for each child sentenced to the school as long as he re- 
mains an inmate. This allowance is smaller in the case of industrial 
schools. A number of small institutions have been found better than a 
few large central ones. In order that a home feeling may be inspired, 
each school should be adapted to receive only fifty or sixty inmates ; if 
any institutions contain a larger number, they are divided into several 
schools, each of which occupies a separate house. In the general training, 
industrial, and if possible, out-door employment occupies a prominent 
part, the girls being taught such occupations as will prepare them for 
domestic life. At least three hours daily are devoted to religious in- 
struction and the ordinary branches of education. Sufficient time is 
allowed for recreation and occasional innocent gratification. The food, 
clothing, and surroundings in reformatories are such as are adapted to 
working boys and girls, and conduce to their health and civilization, 
without giving them undue indulgence. The results of this system Miss 
Carpenter described as most encouraging. As an illustration, she men- 
tioned that, of seventy girls discharged from her own reformatory during 
four years, only one was reconvicted during that period, nine others 
were doubtful or uukuowu, and sixty were maintaining themselves re- 



164 INTERNATIONAL PENITENTIARY CONGRESS. 

spectably, six of tliem having- been well married. But independent of 
any isolated facts or any statistics, Miss Carpenter stated that juvenile 
crime, as it existed twenty years ago, has been absolutely annihilated. 
At the outset of this reformatory work, young persons were frequently 
committed who had been in prison six or eight times \ at present, cases 
of even a second conviction are uncommon. So satisfactory have been 
its results, that children who have passed through a reformatory are 
sought for, even in preference to others, as being better prepared for 
work than ordinary children. And as a final result of the reformatory 
work thus described, Miss Carpenter stated that the public interest 
had been awakened in these outcast children, and that it is now well 
understood that, in this matter at least, sound political economy and 
true Christianity are not really at variance, and the heart and con-' 
science of the nation have been opened to bestow money and effort, as 
well as love and sympathy, to save these young ones. 

Mr. J. A. Foote, of Ohio, briefly noticed the success that had attended 
the work of the Ohio Reform School, and said that reformatory work 
was the romance of doing good. 

Mr.Yaucher-Cremieux,of Switzerland, thought that in the reformation 
of juvenile olienders the germ of crime was destroyed. He particularly 
favored agricultural colonies like Mettray, where, out of four thousand 
inmates, it was believed that There were scarcely a score who had not 
been completely regenerated. 

Mr. Hendrickson, of Wisconsin, described the school of which he is 
the superintendent, which is conducted on what is known as the family 
plan, and which had been remarkably successful. 

Mr. Howe, superintendent of the Ohio Reform Farm School, gave an 
interesting sketch of the organization, growth, and complete success of 
that institution. 

Mr. Bouruat, of France, said that in that country there were two 
classes of reformatories, called, respectively, penitentiary and correc- 
tional colonies. To the former were sent young offenders sentenced to 
less than two years' im])risonment, as well as orphans under sixteen 
who were judged not to have erred knowingly : to the latter were sent 
those sentenced for more than two years and those guilty of insubordi- 
nation in the i)enitentiary colonies. The cellular prison of La Petite 
Roquette, Paris, received minors under sixteen. If their conduct in 
the penitentiary was good, they were surrendered to the patronage so- 
ciety for liberated juveniles of the Seine, which apprenticed them to a 
trade. Tf their coiuluct gave satisfaction to their masters, they M^ere not 
interfered witli; if otherwise, they were sent back to the penitentiary. 

Mr. Maisliall, of I'^ngland, descril)ed the hoys' reformatory at Feltham 
and that tor gills at llampstead. In the former, boys were instructed 
in ])ra(;tical seamanshii>, and were often well received by captains when 
apjdyiiig for ))ositions on ship-boanl on discharge. At the latter, the 
inmates w«!re trained for domestic service, and situations were leadily 
o])taiTMMl tor them on liberation. At both, scholastic and religious edu- 
cations wei(! in)i)arted with assiduity and success. 

Sir T. Fowell Buxton, of I'higland, said that in that country it was 
seldom i)ossil)le to jediiei^ the averages retention of juvenile delinquents 
to less than twelve or eiglili-en months. ' The facilities for "[)lai!ingout" 
children, as described by Mr. Ilrace, weie not so g(>od in I'^nghuul as in 
America, owing to the greiiter density of the ])o))ulation. 

Mr. Bilker, ot I'vngliind, iis oneofthe i)ioneer foumleis of reformatory 
schools, recounted the diHicnlties that hiid attended their foiination. 
In J.sr><> Pailiament [»assed laws enabling reformatories to s[)ring u[) all 



PREVENTIVE AND EEFORMATORY WORK. 165' 

over the country, the result being that in four years the number of com- 
mitments of juveniles had been reduced from 14,000 to 8,000. 

Baron von Holtzendorff, of Prussia, said that comi^ulsory education 
was one of the preventive measures adopted in (xcrmany, and that, 
owing to this, such spectacles as met the eye in Loudou were never 
seen in Berlin. Children under twelve were not brought before a mag- 
istrate, but punished by the school-master. • Between the ages of twelve 
and eighteen, they might be seut to reformatories, which were generally 
under the management of private persons, aud where they might be 
detained until they reached the age of twenty. He was of opinion that 
the progressive treatment might be applied to juvenile delinquents. 
The prevailing opinion in Germany was that it was not sufficient merely 
to detain a child to the age of thirteen or fourteen at a public school, 
but that there should be a complementary course to the age of eighteen, 
and that boys and girls who had left school ought to be obliged to 
attend evening lectures twice a week. This was thought desirable be- 
cause the period he had mentioned was a very dangerous oue. Such a 
complementary course was believed to be of much importance, aud 
some such provision had been already made in Saxony. The subject 
was now occupjing the attention of the Prussian government. 

Dr. Guillaume, of Switzerland, thought education in infancy was the 
best preventive of crime, a predisposition to which he believed was 
sometimes hereditary. Xeglected children were not responsible for 
their moral infirmities. To place such children in charitable. Christian 
homes he considered better than sending them to reformatories. Since 
in Switzerland a sufficient number of such families could not be found, 
institutions to the number of seventy or eighty' had been established to 
care for these children. They were so organized as to resemble a family 
as much as possible. Xot more than 10 or 15 per cent, of the inmates 
turned out badly. The rest became good citizens in after-life, marry- 
ing and themselves founding new homes. 

Mr. Wills, of England, had .once seen gardens allotted to fifty of the 
best boys in a reformatory having two huudred inmates. The influence 
of this step had been very good. 

Eev. Mr. Crombleholme, of England, thought that the German prac- 
tice of having the school-master, rather than the magistrate, manage chil- 
dren under twelve, as described by Baron von Holtzendorff, was an 
excellent one. He also favored the complemental training mentioned, 
and thought that it was a short-sighted economy to allow considerations 
of expense to*intluence public action in this connection. 

Mr. Aspinall, of England, while estimating at its full value the good 
effected through the agency of reformatory, industrial, and public schools, 
and giving to the system of compulsory education its just due, still 
thought that all these measures should be supplemented by efforts to 
improve the homes from which the children came, and to elevate their 
parents. Here, he considered, was a broad field for Christian philan- 
thropy. 

Sir Walter Crofton thought the general feeling of the meeting, as his 
o^-n conviction certainly, was in favor of the family system. 

I)r. Marquardsen, of Bavaria, Dr. Guillaume, of Switzerland, and Eev. 
Mr. Coit, of Massachusetts, in reply to questions of Mrs. Meredith, 
stated the practice in their several countries in regard to the illegiti- 
mate children of female prisoners. In Bavaria aud Massachusetts they 
beconse wards of the state, and in Switzerland were taken care of by 
the local authorities. 

JVIr. Ford, of England, remarked that it was a singular fact that in 



166 INTERNATIONAL PENITENTIARY CONGRESS. 

England the more criminal institutions — the reformatories — had remained 
stationary ten years f and these were now only sixty-four or sixty-five. 
But the least criminal class of institutions — the industrial schools — had 
more than doubled in number during the same period. In 1801 there 
were forty-one, and fifty had been established since. Thus it appeared 
that the latter were doing away with the necessity for the former. 



CHAPTEE XXII. 

PENITENTIARY SYSTEMS. 

§ 1. The Irish convict system, as explained hy Sir Walter Crofton. — This 
system first endeavors to make the criminal feel that his punishment is 
not simply afflictive, but also reformatory. To stimulate him in his re- 
formation the element of hope is combined with the punitive element, 
and the system of classification shows him that his fate is in his own 
hands. This classification is the result of a system of marks awarded 
for intelligence, work, and zeal. They are not given as a reward for 
mere iuteligence, for the most criminal are often intellectually brightest, 
and would thus be most rewarded. The first thing aimed at is to 
give the criminal a liking for work, for generally idleness led him to 
crime. But work will give him no i)leasure unless he is remunerated for 
it. After a certain time ])assed in a cell, when strengthened and com- 
forted by the visits of the minister, he will live in common with other 
prisoners. During his treatment on the collective system, the change 
effected in his character can be appreciated, and he is rewarded by the 
distribution of marks. He is now arbiter of his own lot, and can only 
get into a higher class by diligence and zeal. Lastly, when he has given 
sufficient guarantees of good conduct, he passes into an intermediate 
prison, which is designed to test the work previously done, as the crucible 
tests gold. These intermediate prisons, in which the prisoners enjoy 
a semi-liberty, have produced excellent results. Those living in 
them conduct themselves as free workmen. Penal labor in all the Irish 
convict-prisons is prohiljited. This system has been proved a triumphant 
success. Its reformatory results are most encouraging, a consideration 
more than counter-balancing, even pe(;uniarily, the slightly increased ex- 
pense which it may involve. Time, however, is required for its reform- 
ing influences to operate; hence the minimum sentence has been fixed 
at five years. Prisoners who gain a remission of imprisonment receive 
a "ticket of license," liberating them conditionally. Escapes among 
prisoners so liberated are very rare, ])articnlarly since the institution of 
police siipcrvisio]), und«,'r whi(.'h system each liolder of a "ticket of 
lice?is(! " is recjiiired to report liis residenee and occupation to the police 
each montli. Jf sui'h a prisoner is again apprehended before the time 
for wliicli lie \v;is sentenced has expiied, he is sent back to tlie ])rison 
i'roni wliieli lie wah libeialed. In icply to a question, Sir "Walter stated 
that prisoners, on arriving at tlie intermediate prison, Avere treatcMl with 
res])e(;t and conlidenee, and that tlieir coinluct elsewhere Justified this 
treatment. As an illustration ol" this ])roi)osition, ho said that in a cer- 
tain prison some one of the ]>risoners was intrusted each week with the ex- 
ecution of errands out side the prison; in seven years oidy one had returned 
intoxicated. A ])risoner who has relapsed after passing througli the in- 
termediate ])rison is not allowed to return tliei'e again. Life-sentenced 
men, after ten years' cellular im])risonment witli hard labor, are impris- 



IRISH, ENGLISH, AND SCOTCH PRISON SYSTEMS. 167 

oued commonly in a special prison, and after twenty years their fate is 
determined by the government. 

§ 2, The Irish horoiujh and county prisons^ as explained hy Hon. C. 
F. Bourlce and others. — The management of tliese prisons is confined to 
boards of superintendence, composed each of twelve gentlemen of social 
position and influence in their respective counties, chosen by the, grand 
juries of the counties. At present there is little uniformity in the dis- 
cipline of these prisons, but at the last session of Parliament a bill was 
passed giving to the executive the power to make uniform rules and by- 
laws for their management. All prisoners, juvenile and adult, male and 
female, attend the prison schools daily, many of those advanced in life 
learning both to read and write during* their imprisonment. A medical 
officer is connected with each jail, who is required to visit each prisoner 
twice a week at least, and oftener if necessary, and who has the right to 
alter the diet or labor of any prisoner according- to his judgment. Each 
board of superintendence is empowered to appoint, and usually did 
appoint, three chaplains — one Episcopalian, one Eoman Catholic, and 
one Presbyterian. The great difficulty with which the prison managers 
have to contend is the number of short sentences, (very many 
being for only twenty-four hours,) which rather promote crime than 
check it. A majority of these sentences are inflicted on drunkards, who 
are wholly undeterred tbereby. It amounts practically merely to giving 
the prisoner a good bed for the night gratuitously, often au unwonted 
luxury, w^hich is, in many cases, enjoyed b^' the same prisoner at inter- 
vals of a week for more than one liundred times. Mr. Bourke thought 
that committing magistrates should be emi^owered to pass cumulative 
sentences* on such prisoners, and that more stringent enactments with 
reference to the sale of ardent spirits should be incorporated in the law. 

§ 3. The English convict system, as explained hy Major C. F. Du Cane. — 
[The greater part of Major Du Cane's explanation, having been embodied 
in his answers to the interrogatories mentioned in Part First of this report, 
has been epitomized there, and need not be repeated.] 

Major Du Cane defended the ticket-of-license system as practised 
in England. In reply to questions propounded by members of 
the congress, he stated that life-sentenced i)risoners were usually 
conditionally liberated by the secretary of state after twenty years' 
cellar imprisonment. He did not consider the number of recidivists 
any evidence of the value of a prison system, hi 1870 more than 25 
per cent, of those discharged from the English prisons had relapsed 
into crime, which was an increase of a little more than 2 per cent, over 
the preceding year. He said that his ideal would be to see 100 per 
cent, of recidivists, since this would show that it is always the same 
men who commit crime, and that the social pest was really limited and 
localized. Great attention is paid to the industrial training of the con- 
victs in the English prisons, 1,600 out of 2,200 apprenticed to some 
mechanical trade having learned it completely. A portion of the prison- 
er's earnings — not exceeding £3 — was allowed to him, the sum awarded 
varying according to his industry. The convict, however, w^as not 
allowed to send any portion of this money to his family ; but on his 
discharge it was given to a prisoners' aid society, if he requested their 
assistance and protection; otherwise, the police were requested to give it 
to him in small sums. Marks are given the prisoners as a reward for 
industry, and if the number earned is sufficient, they are promoted from 
class to class. If any convict feels dissatisfied, he may appeal to the 
governor, and from him to the director, from whose decision an appeal 
lies to the secretary of state. Appeals to the director are frequent; 



168 INTERNATIONAL PENITENTIARY CONGRESS. 

but if the prisoner's statement of facts is false, be is liable to a disciplin- 
ary punishment. 

§ 4. The English borough and county prisons, as explained by Captain 
Armytage, Dr. Mouat, and others. — Captain Ariuytage, of England, gave 
a detailed account of the Wakefield prison, of which he is the gov- 
ernor. The majority of the inmates were sentenced to from three to 
seven days' imprisonment, many of whom, discharged on Saturday, re- 
turned to the prison on the following Monday. The longest term of 
imprisonment in a county jail is two years for one offense. A majority 
of the prisoners were misdemeanants who owed their incarceration to 
intemperance. Penal labor was employed, but seldom except as a pun- 
ishment for breaches of discipline. Connected with this prison is the 
industrial home for discharged male prisoners, of which Mr. Browne had 
made mention. The cost per head in this establishment was 76-. 2d. per 
week. Some of the inmates' earnings amounted to £1 per week, their 
employment being mat-making, and light work of that sort. There is 
also a female home, in which the women are employed principally in 
washing, and are trained for domestic service, and there is a constant 
demand for them as servants. A well-assorted library is connected with 
the prison, to which the inmates have access. Perfect religious equal- 
ity prevails, both Eoman Catholic and Protestant chaplains being em- 
ployed. 

Archbishop Manning addressed the congress at length on the subject 
of religious freedom in prisons, pleading that the conscience of Eoman 
Catholic prisoners should be protected equally with that of Protestants. 
He earnestly hoped for the passage by Parliament of an act then before 
the body making the employment of Eoman Catholic chaplains compul- 
sory in every county jail. He stated that no salary would be asked for 
if objection were made on the ground of expense. The employment of 
chaplains of his faith was now simply permitted in the county jails, and 
there were one hundred and nine jails where none were employed. He 
wished to see it made everywhere obligatory in this class of prisons as 
it now is in the convict or government prisons. 

The remarks of the archbishop elicited general approval from the 
English members, Dr. Mouat observing that, if there was but one Eoman 
Catholic prisoner in the prison, his receiving religions instruction accord- 
ing to his faith ought to be a matter of right, and not of permission. 

§ 5. The Scotch prison system, as explained by Mr. J. Alonclure. — There 
is but one general prison in Scotland. No male prisoners are sent here 
for terms longer than three years, those whose sentence exceeds this 
being transferred, after a probationary term of nine months, to public- 
works ])risons in l-^ngland. The system of discipline in the latter prisons 
is identical with that i)ursued at Perth. The county jails receive pris- 
oners sentenced for from twenty-four hours to nine months, although, 
owing to the limited accommodation at Perth, it is sometimes found 
necessary to retain in the comity and hoiough jails jirisoners sentenced 
lor a longer t<M'm, in \vhi(;h case their hoard is ]>aid by the government. 
(>ivil and crimiiial debtors are confined in these jails as well, and are 
itllowed greiiter privileges. IMie diet varies jiecording to their sentence, 
de|»eii(iing iiik>m its duration, and wiietiier wilh or withont hard labor. 
Corjionil pMMislimeiit is not alhnved, ex(H'pt in the case of boys sen- 
tenced for jtelty orieiises, and is even then very seldom nsed. Penal 
hibor is einploye(l, A\ hicli in most, eiises is made ])r(»(lii(;tiv('. Xowhere 
in Seothind do th<' ejirnings of prisoners pay for half their maintenance. 
(Iratuities are given to weli-coniliictedaiid iiidnstrions prisoners on their 
discharge. Convicts discharged from the i)rison at I'erth all receive a 



BELGIAN, RUSSIAN, AND FRENCH PRISON SYSTEMS. 169 

gratuity varying from 5s. to £i, according to their conduct and industry. 
To receive the latter sum, a prisoner must have had no demerit marks 
whatever. A portion of the money is given him when he leaves the 
prison. The remainder is paid in fortnightly installments, on his for- 
warding a certificate, signed by the police, that he is obtaining an 
honest livelihood. This police supervision works admirably, protecting 
those inclined to do well, and acting as a salutary check on those who 
are disposed to return to vicious courses. The superintendence of all 
the prisons of Scotland is confined to a central board at Edinburgh, 
under the direction of the home secretary. They superintend the col- 
lection of judicial and penitentiary statistics. One of their number 
visits the prison at Perth twice a mouth, sees each prisoner, hears com- 
plaints, and inspects the buildings, stores, &c. 

§ G. The Belgian prison system, as explained hy Mr. Stevens. — The cel- 
lular system is strictly enforced in nearly all the Belgian prisons. Mr. 
Stevens claimed that it possesses two classes of advantages, i)ositive 
and negative. Among the former he enumerated, with other benefits, 
the opportunity it affords for the separate study and treatment of each 
prisoner, and adapting the discipline to the situation and needs of all 
the prisoners, thus securing the efficacy of the punishment. He con- 
sidered a variation in the treatment of moral disease as necessary 
as in that of physical disease. The cellular system also enables the 
prisoner to preserve the feeling of his dignity as a man and of his 
personal responsibility. The prevention of moral contagion, the sub- 
duing and calming influence of solitude, and the opportunity oifered 
for reflection and repentance were all, in Mr. Stevens's oi)inion, found in 
the cellular system. In a word, he considered that no s^'stem attained 
more directly or perfectly the various objects of punishment — repres- 
sion, expiation, prevention, and reformation. As the imsoner's reform 
progresses, cellular confinement becomes less and less irksome to him, 
until at last he would regard removal to a congregate prison as an in- 
tolerable punishment. In consequence of its repressive and reformatory 
efficacy, this system, Mr. Stevens claimed, allowed a diminution of the 
duration of imprisonment, thus greatly lessening expense. A want of 
sufficient cellular accommodation alone has prevented the introduction 
of this system into all the Belgian prisons, and this obstacle is being re- 
moved as rapidly as possible. Its results in that country have abun- 
dantly justified its adoption. The official returns prove that the average 
number of recidivists is 4.40 per cent, of those leaving cellular prisons, 
while it is G8.S0 jier cent, of those liberated from congregate prisons. 
Lastly, Mr. Stevens stated the remarkable fact that in Belgium the 
number of prisoners has decreased during the last six years from 7,000 
to 4,000, a result which he attributed in part to the introduction of the 
cellular system. 

§ 7. The Russian 2)rison system, projected hut not yet reduced to practice, 
as described hy Count SoUohuh. — Count Sollohub explained a complete 
system of penitentiary treatment, full of novel views and original ideas. 
Want of time prevented him from finishing his explanation, but he sub- 
mitted a pamphlet on the subject, which was distributed to the members 
of the congress. This has been translated and printed, as the reader 
will have observed, in Chapter XIY, Part First, of this report. 

§ 8. The French j^^'ison system, as explained hy Mr. Berenger. — Great 
interest is taken at present in France in the subject of prison reform, 
and the National Assembly has appointed a commission to inquire into 
the condition of French prisons and suggest improvements. This com- 
mission deputized Mr. Berenger to attend the congress. He said that 



170 INTERNATIONAL PENITENTIARY CONGRESS. 

tbe system uow followed presented three prominent characteristics : 
first, young criminals are imprisoned in reformatories ; secondly, help 
is given to the man who commits a first crime ; and, thirdlj^, an attempt 
is made to get rid of recidivists. It is in effecting the object last named 
that the greatest difficulty is apprehended. 

Being interrogated as to the state of public opinion in France as re- 
gards the cellular system, Mr. Berenger said he believed it was not un- 
popular. He avowed himself an advocate of that system. 

§ 9. The Siciss i)rison system, as explained by Br. Guillaume. — After ^'ari- 
ous experiments, public opinion in Switzerland has become definitively 
settled in favor of the Crofton system. The details of its application 
are contained in Part First, and will be further illustrated in Part Fourth. 

§ 10. The Italian prison system, as explained by Gonnt de Foresta. — 
There is at present no well-defined and uniform prison system in Italy. 
A commission, however, has been appointed by the King to prepare a 
code that shall attain this end. Of this commission both the Count de 
Foresta and Mr. Beltrani-Scalia were members. The preference of both 
these gentlemen was for the Crofton, or Irish, system; but this sentiment 
was not unanimous among the commission, which has not as yet come 
to any resolution. The count felt quite certain, however, that the cel- 
lular system would not be adopted, since it was believed to be ill-adapted 
to Italian character. At present prisoners were generally imprisoned 
collectively in galleys, [bagnes ;) they are chained; but those who dis- 
tinguish themselves by good conduct are placed in agricultural colonies 
on the islands. ♦ 

§ 11. The German prison system as explained by Serr Ekert and I>r. 
Yarrentrap. — llerr Ekert, director of the cellular prison of Bruchsal, in 
Baden, summarized the provisons of the German x)enal code. Corporal 
punishment is abolished, cellular imprisonment and conditional libera- 
tion established, and police surveillance humanely conducted but firmly 
maintained. Separate imprisonment in Germany, when applied to 
Momen as well as to men, produced excellent results. Formerly in 
Baden the maximum duration of cellular imprisonment was ten years; 
the new German penal code has fixed it at only three years. Herr 
Ekert avowed himself an earnest supporter of the cellular system and 
concurred in all the conclusions of Mr. Stevens. In his own prison he 
has seen convicts live thirteen years in separate confinement without 
any inconvenience. He alleged that recidivists were very rare among 
tliose who had undergone this punishment for many years, and fur- 
nislied results tending to show that its infiuence on the moral and 
l)hysical health of the ])risoners was very beneficial. In reply to inter- 
rogatories ]\Ir. Ekert said that there were no criminal statistics in Ger- 
many, lie added that all jtrisoners except 1 per cent, could endure 
(;elhilar coiifin(unent for life without inconvenience. 

Ilaroii von Iloltzendorff congratulated llerr Ekert on the results ob- 
tained at IJruchsal, Init added iniinediately that, notwithstanding these 
results, lie liiiiiself <lid not ai)[)rove of tliat system; tluit the public 
opinion of Germany was o])]>osed to it, and that an executive committee 
sitting at JJeilin, under onci of llie city magistrates as ])resident, had 
unanimously decided to ai)ply the, cellnlar treatment incases of short 
imjuisonment, and the pi'ogressive system of Sir Walter ('rottoii when 
longei' sentences had to be nndergon*'. 

J)r. \'arrentrapp, of J-'ranklbrt, vigoronsly eonteste<l the statement 
that |iublic opinion in (Jermany liad pronounced against the cellular 
system. In the. (irand Dnt.-hy (if Jiaden, at iMankfoit, in Wiirtemberg, 
Jlanover, Ihi- Grand Duchy of Jlesse, and Bavaria, it had been adopted, 



DUTCH, SWEDISH, AUSTRIAN, AND OTHER SYSTEMS. 171 

and it was only on financial grounds that it was not more completely 
applied. Bavaria had, however, already built a magnificent cellular 
j)rison, which had produced excellent results. Dr. Varreutrapp consid- 
ered that the new German jienal code prefers and adopts the cellular 
system. His own preference therefor was, he said, supported by the 
experience and study of forty years ; and he combated the attacks 
made against this system, which appeared to him to have a most 
rational basis. 

§ 12. The Nethet'land's prison system, as explained oy Mr. Ploos van 
Amstel. — In Holland the Belgian, or cellular, system is to a very con- 
siderable extent in ojieration, the maximum of separate confinement 
being two years. The prisoners are employed in a variety of industries, 
and gratuities are allowed for diligence. As a magistrate and inspec- 
tor, he had, for many years, visited the prisoners in the cellular 
prison of Amsterdam, and always found their health excellent, better 
even than he found it in collective prisons. He never observed bad 
results, either as respects their moral or physical condition. For this 
reason he supported the opinions of M. Stevens. 

§ 13. The Swedish prison system, asexplainedhy M. Almqidst. — M. Alm- 
quistsaid that in Sweden serious attention was given to penitentiary re- 
form. Sweden in this respect had still much to accomplish and much to learn 
from other countries. The cellular system is there in operation, and has 
not been followed by the evil results attributed to it by its adversaries. 
The prisoners enjoy better health in the cellular than in the collective 
prisons, while the cases of insanity are also fewer in the former prisons. 

§ 14. The Anstrian prison system, as explained hy Dr. Frey. — Dr. Frey 
stated that up to the present time in Austria the collective system, pure 
and simple, had been practised, without classification or separation of 
any kind. At first they had thought of introducing the cellular system 
as practised in Belgium, but, fearing it would interfere with the health 
of the prisoners, preference had been given to the progressive system. 
A maximum duration of three years' celUilar imprisonment is followed 
by life in common and by classes more or less privileged. Conditional 
liberation has not yet been introduced. 

§ 15. Prison system of India, as explained hy Dr. Mouat and others. — 
A synopsis of tlie paper read by Dr. Mouat on the Indian prison system 
has been already given in Part First, Chapter XVI. Mr. Thornton and Dr. 
Grey, of India, supplemented the account furnished by Dr. Mouat by 
giving some interesting statistical details relative to the prisons of the 
Punjaub. In other respects, however, their statements shed no new 
light upon the internal operation of the system, beyond the lucid de- 
scription of Dr. Mouat. 

§ 16. The prison system of the United States, as explained hy Hon. Joseph 
R. Chandler, General Pilshury, and others. — The representatives from 
New York, Pennsylvania, Indiana, and Maine present in the congress 
described each the prisons of his own State. It was remarked that, owing 
to the indei)endence of the several States of the Union of each other, a 
uniform system throughout the country was impossible. The eastern 
penitentiary of Pennsylvania is the only prison in the United States con- 
ducted on the cellular plan. Its managers are abundantly satisfied of 
the superiority of this system over that of congregate labor. General 
Pilsbury and Dr. Wines deplored the influence of party politics upon the 
state-prisons of ISTew York, and expressed a belief that a radical change 
in the fundamental law of the State would soon render a recurrence of 
the present evils impossible. A brief outline was also given of the plan 
upon which it is proposed to construct and manage a new State adult 



172 INTERNATIONAL PENITENTIAEY CONGRESS. 

reformatory at Elraira. To this prison are to be &ent young men between 
the ages of sixteen and twenty-five. There would be, so to speak, three 
prisons under one roof, and the prisoners would have to begin at one 
and would be advanced to the others, as they earned such promotion by 
good conduct. The system would be that of Sir Walter Crofton, slightly 
modified. 

The county jails throughout the country were represented, with few 
exceptions, as indequate, in every way, for the work required of them. 
This fact was freely admitted by a majority of the American delegates, 
many of whom, however, expressed a hope soon to see radical reforms 
instituted in their own States. 



CHAPTEE XXIII. 

CONCLUDING SESSION OF THE CONGRESS, 

§ 1. Presentation of the worls of Edward Livingston on criminal ju- 
risprudence. — Dr. Wines offered to the acceptance of the congress a set 
of the complete works of Edward Livingston, in two volumes, pub- 
lished in America fifty years ago. He also presented, at the same time, 
for M. Verge, a member of the Institute of France, an edition of the 
same work in French, recently published under the auspices of the In- 
stitute. He stated that, through funds generously proffered for the 
purpose, the Xational Prison Association of the United States had 
then in press, and would shortly issue, a new American edition of Liv- 
ingston. It was, he said, a remarkable as well as pleasing circumstance 
that there should meet on that floor, and be presented to the congress, 
French and American editions of a work which, though written and 
published a full half century ago, had anticipated most of the great 
reforms in prison discipline which the world is now slowly and labori- 
ously engaged in working out. M. Verge had been called to Paris that 
morning by duties which could not be postponed, but had handed to him, 
together with the book, a letter addressed to the president of the con- 
gress, which would be read in French, and afterward translated into 
English by ]\[usurus P»ey, a delegate to the congress commissioned by 
the Sublime Porte. The letter was then read as follows : 

LoxDOX, July 12, 1872. 
Mr. President : I have tho, honor to :isk yon to offer to the International Congress 
on Prison Reform a eopy of tlie frcnch edition of the j^reat work of Livin>j;stou, one of 
tlie most (eminent m(;n of tlie United States of America, and among tlie most zealous 
]iione<',rs in the reform of tlie i)en:il and jtenitentiary system. Tiiis edition is preceded 
liy a liiograjiiiical sketch f»f Mr. J^ivingston l)y M. iNIignet, and a critical essay by M. 
Charles Lncas, a im'mber of tlie Institute of France, the friend and snccessorof Living- 
ston in Ills labors in behalf of penitentiary reform, nndertaken half a centnry ago. 
Livingston was a metiiber of the Institiitc, of rrance, (Academy of Moral and Political 
Sciences.) lie has found in the Old World as well as the New admirers and followers, 
lieccive, Mr. President, the assiuancc of my most distingnislnid sentiments. 

CIIAK'LLS VKIJtir:. 
McmfHV of llic Iiii^tihile. 

Arclibisliop Manning, who liatl intcndtMl to oiler some remarks on tho 
work tiiiis incscntcd lo the congress, but. forbore to do so lest he should 
occupy time that miglit be ncM'dc*! {\)v other jmrposes, subse<juently ad- 
dressed the following letter to Dr. AV'iiies: 

rt YonKl'i.ACK, ./((/(/ 21, 1872. 
Mv I)K.\r: Sii:: <>nr thanks are, due tr» yon in chief for the International Prison 
('ongrcHH, wliich has resnlte<l not only in much valuable information, bnt in the estab- 



Livingston's works and lucas's observations. 173 

lishnient of a permanent union of correspondence in respect to the statistics and dis- 
cipline of prisons. But for tlie initiative talven by you and by the Government of the 
United Statt^s, I do not think this would have beeu attained. We have also to thank 
you for Mr. Livingston's Taluable work ou reform and prison discipline. I am sorry 
that it did not .arrive earlier in our proceedings. Mr. Livingston was before his time. 
He has anticipated the substance of our late discussions on the separate system in his 
words, " Imprisonment with seclusion and labor will diminish offenses ; imprisonment 
without seclusion will increase them." I was not aware that this had beeu tried and 
proved so long ago as 1791 in the United States. His book is worthy of his high name as 
a just and good man. I am sorry that I had not the opportunity of expressing what I 
think is due to Mr. Livingston as a forerunner in the recent amelioration of our pri.son- 
discipline, which is, day by day, becoming vital to the welfare and even to the safety 
of the civil society of the world. 

Believe me, my dear sir, yours, very faithfully, 

t HENRY E., 
Archhishoi) of Westrninntcr. 
The Rev. Dr. Wines. 

§ 2. Presentation to the congress of M. Charles Lucas''s ohservations on 
the Penitentiary Congress of London. — lu making this preseutatiou to the 
congress, Dr. Wines said that, as the observations of M. Lucas were 
addressed to the French Academy of Moral and Political Sciences, and 
would not therefore be embodied in the proceedings of the congress, 
and as they lacked nothing of the value that would naturally attach to 
them from the longe study, large experience, and eminent ability of tbe 
writer, he would ask the indulgence of that body in offering a brief 
resume of the important paper submitted by him. He said : 

M.-Lucas remarks that such reunions as the congress of London are a necessary con- 
sequence of the two laws of the sociability and perfectibility of man, which, in an ad- 
vanced civilization, require the international exchange of ideas for the moral progress 
of humanity just as they do that of material commodities for the increase of national 
wealth. International congresses show the respective conditions of nations as regards 
their intellectual and moral development in the same manner as international indus- 
trial exhibitions do the comparative results of their economic development. Hereto- 
fore there have beeu congresses of governments and congresses of peoples, but the Con- 
gress of London is original and unique in that it combines both these elements. After 
a rapid glance at the work of organizing the congress, M. Lucas proceeds to offer some 
general considerations in relation to the subject. He says that Beccaria and Howard 
were, and ought to have beeu, philanthropists, for that character was demanded of 
them by the cruelties of both the criminal law and the criminal administration of their 
age. But the times have happily changed since then, and with them ideas and usages 
as well. Man, in the state of penal servitude-, is no longer a thing, but a moral being, 
whose liberty human justice has not the right to confiscate absolutely and irrevocably, 
but only within the limits required by the protection and security of social order. The 
logical sequence of this view is that it is the duty of society to reform the criminal 
during his temporary privation of liberty, since in this way only can the peril of his 
relapse be successfully combated, and the public safety effectually maintained. The 
reformation of imprisoned criminals is not, therefore, in our day, a work of philanthroi^y, 
but an obligation of the state. 

M. Lucas claims that the discipline of the Catholic Church furnished the model for 
both the cellular and associated systems of imprisonment, since known as those of 
Pennsylvania and Auburn, save that the Auburn system added corporal chastisements 
to the discipline of silence, and the Pennsylvania system subtracted worship in com- 
mon, to the detriment of religion, and associated exercise at the expense of humanity. 
M. Lucas recalls to the memory of the academy the discussion of the 10th, 17th, and 
24th of February, 1844, in which, single-handed, he contended against the three ablest 
supporters of tbe Pennsylvania system in France — Messrs. Bereuger, de Tocqueville, 
and de Beaumont. It was not that he was absolutely opposed to isolation by day and 
night, since in his " Theory' of Imprisonment," published in 183G, he was the first to 
propose the application of the cellular system to prisoners awaiting trial ; and, in the 
sphere of imprisouraent after sentence, he would not wholly exclude the use of the 
system, but would restrict its duration to one year. It was at the point of departure 
from this limit that the controversy began between M. Lucas and his distinguished 
associates, they contending for an unlimited and he for a restricted application of the 
cellular system. The inadmissibility of isolation in long imprisonments he grounds 
on the following considerations : Man is born sociable and ]>erfectible, and it is by 
the action of his sociability that his perfection is secured. Isolation is, therefore, a de- 



174 INTERNATIONAL PENITENTIARY CONGRESS. ' 

nial of the necessary process for his perfection ; it is a violence done to bis nature 
■which cannot be safely prolonged for any great length of time. Experience must in- 
fallibly confirm this philosophical demonstration, since the education of any being 
whatsoever is but the development of his nature. Penitentiary education must act 
■with the certainty of enlightening and invigorating the intelligence of the convict, 
and not by exposing him to the peril of weakening and even of destroying that essential 
instrument of his regeneration. Cellular isolation, in effect, does not permit either the 
initiative, the eft'ort, or the probation, "without "which there can be neither morality 
nor moral reformation, (ni moralife ni moralisation.) 

M. Lucas discusses in his jiamphlet the proper number of prisoners to be admitted 
into any one penitentiary establishment, and arrives at the conclusion that four hun- 
dred is the maximum that can be treated effectively for their reformation. He grounds 
this belief on the consideration that only a moderate number of prisoners will permit 
that serious personal iutlaence "which, in order to their reformation, must be exercised 
upon them by the director and his co-laborers. He adds that, during his long admin- 
istrative career .as inspector of French prisons, he never ceased, but always in vain, to 
cry out against the agglomeration in the central prisons as creating an impossibility 
of penitentiary reform, and asks whether any one can suppose that, in those immense 
barracks of ten, twelve, fifteen huudred prisoners, the director can know them other- 
wise than by their numbers ? AVhere is the use, he says, of talking of penitentiary re- 
form^hen it is rendered impossible by such numbers of prisoners congregated in the 
same prison ? In short, M. Lucas finds the following to be the esseutml conditions of 
a reformatory prison discipline, namely : isolation at night, the rule of sileuce during 
the day, a maximum of four huudred prisoners in any one establishment, and pro- 
gressive classification. 

§ 3. Propositions snhmittcd to the congress by the American delegation. — 
This series of propositious was offered some days previous to the final 
session, but is introduced at this point because it formed the basis, as 
will be seen under the next section, of the declaration of principles em- 
bodied in the final report of the executive committee and approved by 
unanimous vote of the congress. The propositions are as follows : 

1. The treatment of criminals by society is for the protection of society. But, since 
such treatment is directed rather to the criminal than to the crime, its great object 
should be his moral regeneration. Hence it should be made a primary aim of prison 
discipline to reform the criminal, and not sim]ily to inflict upon him a certain amount 
of vindictive suffering. Tlie best guarantee of the public security iigainst a repetition 
of his crime is the re-establishnient ctf moral harmony in the soul of the criminal him- 
self — his new birth to a respect for the laws. 

2. In tlie moral regeneration of the criminal, hope is a more powerful agent than 
fear; it should therefore be made an ever-present force in the minds of prisoners by a 
well-devised and skillfully-applied system of rewards for good conduct, industry, and 
attention to learning. iSuch rewards may bo a diminution of sentence, a participa- 
tion in earnings, a gradiuil withdrawal of restraint, and a constant enlargement of 
privilege, as these shall be severally earned by meritorious conduct. Rewards more 
than punishments are essential to every good penitentiary system. 

'.i. The {irogressive classification of prisoin^rs based on merit, and not on anymore arbi- 
trary i»rincii)le — as crime, age, A;c. — slif)ul(l be estaldished in all prisons designed for the 
treatunnit of convicted criminals. In this way the prisoner's dt'stiny during.his iucar- 
ct^ration should be placed, measurably, in his own hands ; ho must be put into circura- 
stancfs where he will lie able, througli Ills own exertions, to contiiuially better his 
condition. A regnlate<l self-interest most be brought into play. In the prison, as in 
free society, there ninst be the stimulus of some jiersonal advantage accruing from the 
jirisoner's efforts, (iiviiig prisoners an interest in their industry aiul gooil conduct 
tet)ds to giv<- them ben(;(icial thoughts and habits, and what no severity of punish- 
ment will erilbr((5 a moderate personal interest will rciidily oljtain. 

'1. In criminal trt;atnient moral forces should he relied on with as little admixture of 
]>hysica] force ;is may be; organized jiersnasion, to the utmost extent ])ossi!)le, should 
i)e, marh; totiike the place of coercive restraint, tlu! object being to mak(* ui>right and 
indnsti ions //v7-w(7i, rather thaii orderly and obedient prisoiicrK. Jtrute foice nuiy 
ni.-ike good iirison'-rs; moral training alone will make good eitizfus. To the latter of 
IlieHO ends fli<^ living sonl most In-, won; to the lurnn-r only the inert, and obedii^nt 
body. To compasH tiie, rel'orm.-tlion of criminals, the niililary 1yi>i' in prison manage- 
ment most ])('. abandoned, and a discipline by moial forces snlislitntcil in its place, 
'i'lie oltjectH of military (Iisei|iliiie and prison (liscipline, being directly ojtposed to each 
othei", <;annot lie piWHiied liy the saino load. 'lins one is mc^ant to train men to act 
togetlier, the other to iirepare tliem to act separatidy. The one relies upon force, 
wliieli never y(!t create<! virtue; the otlnu- on motives, which are the sole agency for 
attaining moral ends. The siieeial oiiject of the one is to sujijiress individual cliarac- 



PEOPOSITIONS OF AMERICAN DELEGATION. 175 

ter aud reduce all to component parts of a compact machine; that of the other is 
to develop aud streugtheu individual character, and by instilliug right principles to 
encourage aud enable it to act on these independently. 

5. Nevertheless, unsuitable indulgence is as pernicious as unsuitable severity, tl^ 
true principle being to place the prisoner in a position of stern adversity, from which 
he must work his way out by his own exertions — tliat is, by diligent labor aud a con- 
stant course of voluntary self-command and self-denial. As a rule, reformation can be 
attained only through a stern aud severe training. It is in a benevolent adversity, 
whether in the freedom of ordinary life or the servitude of the prison, that all the 
manly virtues are born and nurtured. It is easy enough for a bad man to jiut up with 
a little more degradation, a little more contumely, a few more blows or harsh restric- 
tions ; but to set his shoulder to the wheel, to command his temper, his appetites, his 
self-iudulgent propensities, to struggle steadily out of his position — and all volun- 
tarily, all from an iuward impulse, stimulated by a moral necessity — this is a harder 
task, a far heavier imposition. Yet it isjust this training that a right prison discipline 
must exact, and only through such training that it can succeed. 

6. It is essential to a reformatory prison treatment that the self-respect of the pris- 
oner should be cultivated to the utmost, aud that every eftbrt be made to give back to 
him his manhood. Hence, all disciplinary punishments that inflict unnecessary paiu 
or humiliation should be abolished as of evil iufluence ; and, instead, the penalty of 
prison offenses should be the forfeiture of some privilege, or of a part of the progress 
already made toward liberation, with or without diminished food, or a period of 
stricter confinement. There is no greater mistake in the whole compass of penal dis- 
cipline than its studied imposition of degradation as a part of punishment. Such 
imposition destroys every better impulse aud aspiration. It crushes the weak, irri- 
tates the strong, and indisposes all to submission and reform. It is trampling where 
we ought to raise, and is, therefore, as unchristian in principle as it is unwise in policy. 
On the other hand, no imposition would be so improving, noue so favorable to the cul- 
tivation of the prisoner's self-respect, self-command, aud recovery of manhood, as the 
making of every deviation from the line of right bear on present privilege or ultimate 
release. Such punishments would be as the drop of water, that wears away the 
granite rock, and would, without needless pain or wanton cruelty, and especially with- 
out further injury to their manhood, subdue at length even the most refractory. 

7. A system of prison discipline, to be truly reformatory, must gain the will of the 
convict. He is to be amended, but this is impossible with his mind in a state of hos- 
tility. No system can hope to succeed which does not secure this harmony of wills, so 
that the prisoner shall choose for himself what his officer chooses for him. But to this 
end the officer must really choose the good of the prisoner, and the prisoner must 
remain in his choice long enough for virtue to become a habit, l^is consent of wills 
is an essential condition of reformation, for a bad man can never be made good against 
his consent. Nowhere can reformation become the rule instead of the exception, where 
this choice of the same things by prison keeijers and prison inmates has not been at- 
tained. 

8. No prison can become a school of reform till there is, on the part of the officers, a 
hearty desire and intention to accomplish this object. Where there is no prevalent 
aim to this effect, there can be no general results in this directiou. Such a purpose, 
however, universally entertained by prison officers, would revolutionize prison disci- 
pline by changing its whole spirit ; and tit reformatory processes would follow such 
change as naturally as the harvest follows the sowing. It is not so much any specific 
apparatus that is needed, as it is the introduction of a really benevolent spirit into our 
prison management. Once let it become the heartfelt desire and purpose of prison- 
officers to reform the criminals under their care, and they will speedily become invent- 
ive of the methods adapted to the work. 

9. In order to the reformation of imprisoned criminals, thore must also be in the 
minds of prison officers a serious conviction that they are capable of being reformed, 
since no man can heartily pursue an object at war with his inward beliefs ; no man 
can earnestly strive to accomplish what in his heart he despairs of accomplishiug. 
Doubt is the prelude of failure ; confidence a guarantee of success. Nothing so weakeus 
moral forces as unbelief; nothing imparts to them such vigor as faith. "Be it unto 
thee according to thy faith," is the statement of a fundamental iiriuciple of success in 
all human enterprises, especially when our work lies within the realm of mind aud 
morals. 

10. The task of changing bad men into good ones is not one to be confided to the 
first-comers. It is a serious charge, demanding thorough preparation, entire self-devo- 
tiou, a calm and cautious judgment, great firmness of purpose and steadiness oflaction, 
a keen insight into the springs of human conduct, large experience, a true sympathy, 
and morality above suspicion. Prison officers, therefore, need a special education for 
their work, as men do for the other great callings of society. Prison administration 
should be raised to the dignity of a profession. Prison officers should be organized in 
a gradation of rank, responsibility, aud emolument ; so that persons enteriug the 



176 INTERNATIONAL PENITENTIARY CONGRESS. 

prison service iu early life, aud foniiiug a class or profession by themselves, may he 
thoroughly trained in all their duties, serving in successive positions till, according to 
their merits, tested chietly by the small projjortion of re-convictions, they reach the 
position of governors of the largest prisons. Thus alone can the multiplied details of 
prison discipline be perfected, and uniformity in its application be attained." For only 
when the administration of public punishment is made a profession will it become 
scientific, uniform, and successful in the highest degree. 

11. Work, education, and religion (including in this latter moral instruction) are the 
three great forces to be employed in the reformation of criminals, (a) Industrial train- 
ing should have a broader and higher developmeut in prisons than is now commonly 
the case. Work is no less an auxiliary to virtue than it is a means of support. Steady, 
active, useful labor is the basis of all reformatory discipline, (h) Education is a vital 
force in the reformation of the fallen. Its tendency is to quicken thought, inspire self- 
respect, incite to higher aims, open new fields of exertion, and supply a healthful sub- 
stitute for low and vicious amusements, (c) Of all reformatory agencies, religion is 
first in importance, because most powerful in its action upon the human heart and life. 
In vain are all devices of coercion and repression, if the heart aud conscience, which 
are beyond all power of external control, are left untouched. 

12. Individualization is an essential principle of a reformatory prison discipline. To 
insure their highest improvement prisoners must, to a certain extent, be treated per- 
sonally. While they are all placed under a general law, the conduct of each should be 
specially noted. The improving efi'ect of such a verification, to each, of his progress 
in virtue would be great. It would be a first step toward restoriug to him that feel- 
ing of self-respect, without which no recovery will ever be found permaneut. Each 
should be enabled to know the light in which his conduct is viewed by those placed 
over him ; for thus alone, as his good resolutions strengthen, will he be enabled to cor- 
rect that wherein he may be found deficient. The statement of this principle afl^ords an 
indication as to the maximum number of prisoners proper to be detained iu a peniten- 
tiary establishment ; but it by no means settles that question ;. nor indeed cau such 
definite and positive settlement ever be arrived at, since the question is one which must 
necessarily be left to the judgment aud convenience of each individual state or com- 
munity. 

13. Re])eated short sentences are believed to be worse that useless, their tendency 
being rather to stimulate than to repress transgression in petty offeuders. The object 
here is less to punish than to save. But reformation is a work of time; and a benev- 
olent regard to the criminal himself, as well as the protection of society, requires that 
his sentence be long enough for reformatory processes to take effect. It is the judgment 
of this congress that every penal detention should have in view, above all, the time of 
the prisoner's liberjition, and that the entire discipline of a prison should he organized 
mainly with a view to prevent relapses. If by a short and sharp first imprisonment it 
is important to give an energetic notice so as to prevent the propagation of evil, it is 
no less important afterward, by means of sentences of a longer duration, to prepare, 
in a manner more sustained aud efficacious, the habitual petty transgressor for his re- 
entrance into society as a reformed, industrious, and useful citizen. 

14. Preventive agencies, such as general education, truant-homes, industrial schools, 
children's aid societies, orphan-asylums, and the like, designed for children not yet 
criminal, but in danger of becoming so, coustitutt) the true field of promise, iu which to 
laljor for tlie ju'evcntiou and iliminution of crime. Here the brood may be killed in 
the egg, tlie stream cut otf in the. fountain ; and whatever the cost of such agencies 
may be, it will be less than the si)oliations resulting from neglect, and the expense in- 
volved in arrests, trials, and imprisonments. 

15. Tiie successful prosecution of crime requires tlu^ combined action of capital aud 
labor, .just as other crafts do. There are two weil-dflined classes engaged in crimiual 
operations, who may l)e eallecl the cajiitalists of critiK! and its operatives. It is worthy 
of inquiry wlictlii-r s()ei<'ty has not made a mistakt; in its warfare upon crime, and 
wliethcr it wouhl not be Ijetter and more etieetivt! to strike at the few capitalists as a 
class than at the numy ojterative ])lunder(!rs one by one. Let it direct its blows against 
tiio coiinecMon bi-tween criminal cai)ital and criminal labor, nor forbear its assaults till, 
it lias wholly broken anil dissolved that union. We may rest assured that wlicui this 
baleful (•oml)in;ition sliiill Ik- jiiereed in its vital ]tart, it will iterish ; lliat wIkmi the 
<oriier-ston»j of the lei»rous fabric shall bo removed, the building itself will tum))le into 
ruins. 

K). More Bystematic andcomjuebensive methods should l»e adopted to save discharged 
]>riHoiieiHliy providing tliem with work and encouraging theui to redeem theii' character 
aud regain their lost posit ion insociety. Tlie state has not discharged its whole «lnty to 
the criminal whiMi it has i>nnis!ied liim, nor (iven when it, has reformed him. Having 
lifted liim up, it has Hie fnrllirr duty to aid in holding liiiu iij). In vain shall av«i have 
given the convict an iuiprovril mind aud heart, in vain sliall we have inqiartcMl to him 
tin- capjicity fur indnstiial lahui- and tlu; will to ailvanije liiinsclf by w<utliy ineaiis, if, 
oil his disebarge, he finds tlie worhi in arms against liim, with non(» to tiust him, none 
to lueut biin kindly, none to give him thi; opportunity ol' eiiiiiiiig honest bread. • 



PROPOSITIONS ADOPTED BY TPIE CONGRESS. 177 

17. Since personal liberty is a right as respectable as the right of property, it is the 
duty of society to indemnify the citizen who has been unjustly imprisoned, on jjroof of 
his innocence, whether at tlie time of his trial or after his sentence, as it indemnities 
the citizen from whom it has taken his field or his house for some jHiblic use. 

18. It is the conviction of this congress that one of the most effective agencies in 
the repression of crime woukl be the enactment of laws for the education of all the 
children of the state. Better to force education upon the people than to force them 
into prison to expiate crimes of which the neglect of education and consequent ignor- 
ance have been the occasion, if not the cause. 

19. This congress defends as just and reasonable the principle of the responsibility 
of parents for the full or partial support of their children in reformatory institutions. 
The expense of such maintenance must fall on somebody, and on whom can it fall more 
fitly than on the child's parent, whose neglect or vices have probably been the occa- 
sion of its lapse into crime ? 

20. This congress arraigns society itself- as in no slight degree accountable for the 
invasion of its rights and the warfare upon its interests practised by the criminal 
classes. Does society take all the steps which it easily might to change the circum- 
stances in our social state that lead to crime, or, when crime has been committed, to 
cure the proclivity to it generated by these circumstances ? It cannot be pretended. 
Let society, then, lay the case earnestly to its conscience, and strive to amend in both 
directions. Offenses, we are told by a high authority, must come, but a special woe is 
denounced against those through whom they come. Let states and communities take 
heed that that woe fall not upon their head. 

21. The systems of criminal statistics stand in urgent need of revision and amend- 
ment. The congress judges it expedient and desirable that greater uniformity should 
be secured in making up the statistics in this deiiartment of the public service in dif- 
ferent countries, to the end that comparisons may be the more readily made, that con- 
clusions may be the more accurately drawn, and that criminal legislation may with 
greater safety be based upon the conclusions so reached. 

22. Prison architecture is a matter of grave importance. Prisons of every class should 
be substantial structures, affording gratification by their design and material to a pure 
taste, but not costly or highly ornate. The chief points to be aimed at in prison con- 
struction are security, iterfect ventilation, an unfailing supply of pure water, the best 
facilities for industrial labor, convenience of markets, ease of supervision, adaptation 
to reformatory aims, and a rigid, though not parsimonious, economy. 

23. A right application of the principles of sanitary science in the construction and 
arrangement of prisons is a point of vital moment. The apparatus for heating and 
ventilation should be the best that is known ; sunlight, air, and water should be afforded 
according to the abundance with which nature has provided them; the dietary and 
clothing should be plain but wholesome, comfortable, and in sufficient, but not extrav- 
agant, quantity ; the bedsteads, beds, and beddings not costly, but decent, well-aired, 
and free from vermin ; the hospital accommodations, medical stores, and surgical in- 
struments should be all that humanity requires or science can supply; and all needed 
means for })ersonal cleanliness should be without stint. 

24. As a principle that crowns all and is essential toall,it isourconvictionthatno prison 
system can be perfect, or successful to the most desirable extent, without some cen- 
tral and supreme authority to sit at the helm, guiding, controlling, unifying, and vitaliz- 
ing the whole. All the departments of the preventive, reformatory, and penal institui- 
tions of a state should be molded into one homogeneous and effective system, its parts 
mutually answering to and supporting one another, and the whole animated by the 
same spirit, aiming at the same objects, and subject to the same control, yet without 
loss of the advantages of concurring local organizations and of voluntary aid, wherever 
such aid is attainable and may be judiciously and wisely admitted. 

25. This congress is of the opinion that, both in the official administration of such 
a system and in the voluntary co-operation of citizens therein, the agency of women 
may be employed with good effect. 

§ 4. Propositions embodied in the final report of the executive committee, 
and adopted by the congress as expressing its conception of the fundamental 
principles of prison discipline. — The committee, after briefly reciting the 
history of the congress and setting forth the work done by it during its 
ten days' sessions, thus epitomizes the longer paper of the American 
delegation, and submits to the congress what in our country would be 
called the draught of its platform : 

Recognizing as a fundamental fact that the protection of society is the object for 
which penal codes exist and the treatment of criminals is devised, the connuittee 
believes that this protection is not only consistent with, but absolutely demands, the 
enunciation of the principle that the moral regeneration of the prisoner should be a 

H. Ex. 185 12 



178 INTERNATIONAL PENITENTIARY CONGRESS. 

primary aim of prison discipline. To attain this aim, hope must always be a more 
powerful agent than fear; and hope should therefore be constantly sustained in the 
minds of prisoners by a system of rewards for good conduct and industry, whether in 
the shajje of a dimiuHtiou of sentence, a participation in earnings, a gradual with- 
drawal of restraint, or .an enlargement of privilege. A progressive classitication of 
prisoners should, in the opinion of the committee, be adopted in all prisons. 

In the treatment of criminals, all disciplinary punishments that indict unnecessary 
pain or humiliation should be abolished, and the penalties for prison otfenses should, 
so far as possible, be the diminution of ordinary comforts, the forfeiture of some priv- 
ilege, or of a part of the progress made toward liberation. Moral forces and motives 
should, in fact, be relied on, so far as is consistent with the due maintenance of dis- 
cipline ; and physical force should be employed only in the last extremity. But in 
saying this, the committee is not advocating unsuitable indulgence, which it believes 
to be as pernicious as undue severity. The true principle is to place the prisoner — 
who must be taught that he has sinned against society and owes reparation — in a 
position of stern adversity, from which he uiust worii his way out by his own ex- 
ertions. To impel a pi'isoner to this self-exertion should be the aim of a system of 
prison discipline, which can never be truly reformatory unless it succeeds in gaining 
the will of the convict. Prisoners do not cease to be men when they enter the prison- 
walls, and they are still swayed by human motives and interests: They must, there- 
fore, be dealt with as men — that is, as beings who possess moral and spiritual impulses 
as well as bodily wants. 

Of all reformatory agencies religion is first in importance, because it is the most 
powerful in its action upon the human heart ami life. Education has also a vital 
effect on moral improvement, and should constitute an integral part of any prison 
system. Steady, active, and useful labor is the basis of a sound discipline, and at once 
the means aud test of reformation. Work, education, and religion are consequently 
the three great forces on which prison administrators should rely. But to carry out 
these principles individualization becomes essential ; prisoners, like other men, must 
be treated personally, and with a view to the peculiar circumstances aud meutal or- 
ganization of each. The committee need not say that to carry out such views prison 
■officers are re(;uired who believe in the capacity of ])risoners for reformation and enter 
heartily into that work. They should, as far as possible, receive a special training for 
their duties, aud should be organized in such a gradation of rank, responsibility, and 
■emolument as may retain experience and efficiency in the service, and lead to the pro- 
aiotion of the most deserving. 

But if a sound system of prison discipline be desirable, it is no less expedient that 
the prisoner on his discharge should be systematically aided to obtain employment, and 
to return permanently to the ranks of honest aud productive industry. For this pur- 
pose a more comprehensive system than has yet been brought to bear seems to be 
desirable. 

Nor can the committee omit to say that it is in the field of preventive agencies, sucli 
as general education, the establislnnent of indnstrial and ragged schools, and of other 
institutions designed to save children not yet crinunal, but in danger of becoming so, 
that the battle against crime is in a great degree to be won. In this, as in the general 
question of the reclamation of the guilty and erring, the inlluenco of women devoted to 
such work is of the highest importance; and the committee rejoices that this congress 
haw had the advantage of the presence and counsel of many ladies, whose practical ac- 
quaintance with prisons and refin-matories has given weight to their words, and whose 
example furnishes hope for the future. 

Lastly, tlie connnittee is convinced that the systems of criminal statistics now in 
force stand in urgent need of revision. (Jreater uniformity should be secured, and 
means taken to iiisnrt; a liigher standard of accuracy and trnstvvorthiuess in this branch 
of the statistics of dift'ereut countries. 

Mr. ITastiiigs, of England, moved tlio adoption of the roport, and in 
doinj; so <*xi)iTss<'d the* liojx' that in any international scliemc of prison 
statistics uliicii miglit be devised, sjiecial care \vould be taken to insnre 
the trnsf worthiness of the la(?ts reported. At ])res('nt, ho said, snch sta- 
tistics arc, in a gicat ineasnn;, delnsive, because no guide is allbrded by 
thcni as to the ciriMunstaiuM'S under which they were taken. Major Da 
Cane has i>ointed out tiiat the nundx'r of reconvictions was but an imper- 
fect test of any .system. Tlie question was, not what was the number of 
reconvictions, l)ut un<h',r what circumstances did they take i)lace ? If 
we had to deal witli a set of habitual olVendors, we should most prob- 
ably have a high rate of reconviction, whatever the system might be; 
whereas, if we have a large nund)(>r of average criminals, the i>ercent- 
age of reconvictions wo;:id naturally be less. 



INTERNATIONAL PENITENTIARY COMMISSION. 179 

Governor Haiues, of the United States, said that he felfc honored by 
being asked to second the motion to adopt the report. He did so with 
great, pleasure. The propositions presented were comprehensive,, yet 
specific; broad in their generalizations, yet sufiicieutly minute for all 
practical purposes. They constituted an organic rule of action, which, 
while ap])licable to all countries, was susceptible of adjustment to the 
special ideas and circumstances of each. They might be termed a con- 
stitutional law, to be applied and enforced by particular enactments. 
He hoped that the motion to adopt the report v\'ould receive the unani- 
mous vote of the congress. 

Miss Carpenter said it was impossible to exaggerate the importance 
of this congress and its work. It inaugurated absolutely a new era in 
the history of civilization. The chairman would recollect that, when 
many years ago he presided over a committee on juvenile delinquency, 
it was most difficult to persuade the members of the committee and the 
public that even. children ought not to be severely punished for crimes, 
and their reformation was deemed quite a sec(^idary consideration. As 
a witness she was asked, " Do you not consider that children who have 
broken the law owe retribution to society '?" and her answer was, 
" Society owes retribution to them." She was proud of that answer. Its 
truth and justness have been substantially recognized by this congress. 

The president. Sir John Packingtou, before putting the questioi^, begged 
to remind the congress that the report before them was the unanimous re- 
port of an essentially representative committee, which consisted of one del- 
egate from each of the many nations represented ; the fact that, after many 
days' discussion by the congress of subjects of the deepest interest, as 
well as most complicated and difficult, such a committee had agreed 
unanimously upon a report of great breadth and comprehensiveness, 
claiming to represent the general sentiment of the congress on all the 
great questions considered and debated by it. This fact he considered 
one on which the body might well be congratulated as a satisfactory 
termination of its proceedings. Such unanimous agreement fairly jus- 
tified the conclusion that the discussions had not been in vain. A body 
of men, occupying the best possible position for knowing the sentiments 
of the congress, and perfectly competent to understand them, had unan- 
imously reported, as embodying those sentiments, a series of proposi- 
tions, enumerating great principles, which covered almost the whole 
field of penitentiary science and prison discipline. It was, therefore, a 
matter of satisfaction and thankfulness that the interesting debates had 
not been unproductive of good result. 

The motion on the adoption of the report was then put, and was 
agreed to without dissent. 

§ 5. Creation of a permanent international peniientlary commission. — 
On the recommendation of the executive committee a permanent organ- 
ization, under the above designation, was created, charged with the 
duty of watching over the general interests of international prison re- 
form, but more especially with that of preparing formulas for the collec- 
tion of penitentiary statistics, and seeking to secure their adoption and 
use in all countries. This commission is composed of the following gen- 
tlemen : Dr. Wines, of the United States, president ; Mr. Beltrani-Sca- 
lia, of Italy, secretary; Mr. Loyson, of France; Baron von Holtzen- 
dorff, of Germany ; Count Sollohub, of Ilussia ; Mr. Hastings, of Eng- 
land; Dr. Frey, of Austria; Mr. Stevens, of Belgium; Mr. Pols, of 
Netherlands ; Dr. Guillaume, of Switzerland. 

It is understood that the first meeting of the commission will be held 
in Brnssels, Belgium, during the mouth of September, 1873.^ 



180 INTERNATIONAL PENITENTIARY CONGRESS. 

§ G. Dr. Wines reported from the international executive committee a 
resolution of thanks to its chairman, Mr. Hastings, and moved its adop- 
tion by the cong-ress. He said that the resolution had received the unani- 
mous and cordial approval of the committee, whose members all recog- 
nized their obligations to their chairman forthe dignity, courtesy, fairness, 
and ability with which he had presi«led over their deliberations. Although 
the cong'ress could not know, as his colleagues knew, the value of his^ 
services in the committee-room, yet he felt sure that the whole house 
would concur with the members of the committee in the vote of thanks 
now proposed. 

Archbishop Manning, in seconding the resolution, said that their thanks 
were due, not only to those who had come from all countries to the con- 
gress, but also to those who, being on the spot, had labored incessantly^ 
not simj>ly during the last three weeks, but for a long time past, in 
preparing for the congress. To them thanks were greatly due for their 
unwearied industry and close application, and, he must say, for the 
hai)py termination of the*congress. 

A member proposed to iuchide a vote of thanks to Mr. Pears, secre- 
tary of the congress. 

The chairman said he could not put these resolutions to the meeting 
without adding an expression of his own deep sense of the valuable and 
important assistance which the congress had received from Mr. Hastings 
and Mr. Pears, and his belief that, had it not been for the happy combina- 
tion of zeal and ability which had distinguished their exertions, the pro- 
ceedings of the congress would not have been so satisfactory as they 
had been. 

The resolution was carried unanimously. 

§ 7. Mr. Aspinall, of England, proposed a vote of thanks to Dr. Mouat,. 
for the invaluable services he had rendered the congress in translating 
the many-tongued speeches which had been addressed to it. He had 
never met with a man who could translate every language into every other 
Avith such prom])tness, elegance, and force as Dr. Mouat, superadded to 
which the doctor had the great advantage of being thoroughh' ac- 
quainted with all the questions which came before the congress for dis- 
cussion. He felt sure that he need only name these things to call forth 
a cordial response from the nieeting. 

Baron ^lackay, of Holland, in seconding the proposition of Mr. As- 
pinall, took occasion also t(» njake recognition of the valuable assistance 
of Sir Walter Crofton and ^fajcu' DuCane. He rei;resented a foreign legis- 
lature which had not yet adoi)ted a system of prison discipline; there- 
ton*, lie had listened with great attention to all proposals, atul the 
arguments by which they had been supported, and he was sure that in 
his country the volume of transactions, which they would owe to the 
editorial care of Mr. I'ears, would be carefidly read and digested. Eng- 
land an<l Ireland weie in jjossession of a system, but on the continent 
that compliiiu'iit could be paid only to I»elgium. This fact showed that 
the people of (»ther countries had not yet made up their minds, and was 
iu itself a justification of this congress. Differences of nationality could 
not a('(;ount for th<' wide discrepancies of (tpinion and experience as to 
sej»arat<^ and ass(»ciate<l conrmeiiieiit. 

The motion was carried without dissent. 

§ K. Dr. (Juillaimic, of Switzerland, moved a resolution of thanks to 
Dr. Wines. His name was the tiist w<)i<l sjxiken in the congress, and 
it should be the last. The conference had begun with him, and it should 
end with an ackn(»w]edgm<'nt (►f his etforts. He represented the An- 
glo-Saxon race, the cham[)ioii of humanity and of all that concerned the 



SUNDRY VOTES OF THANKS. 181 

well-being- of the human family. That race stood foremost in the new 
order of civilization which was dawning on the world, and by the arbi- 
tration at Geneva it had set an example to all countries of a pacific settle- 
ment of differences and the abolition of that greatest of crimes, war. 
Switzerland was grateful to England and the United States for having 
chosen it as the seat of that tribunal, and it Avas a good omen that Ge- 
neva, the cradle of the organization for the succor of the wounded on 
the battle-field, should be the scene of a great international arbitration. 
The abolition of slavery in America, the Geneva arbitration, and this 
great congress for the refoimation of prisoners, were gratifying tokens 
of the new order of things. 

Dr. Marqnardsen, on behalf of the German delegates, seconded the 
motion. Before the congress met they all felt that Dr. Wines was the 
heart and soul of the undertaking ; and, now that it had closed, they were 
sensible that to him they had been deeply indebted for its satisfactory 
progress and conduct. The German !Parliament,of which he was a mem- 
ber, would shortly be engaged in framing a general law of prison dis- 
fipline, and he doubted not that the law would show many traces of the 
beneficial results of this congress. 

Sir John Packington, in putting the resolution, testified to the im- 
portant part Dr. Wines had taken in convening and carrying on the 
congress. The motion was carried unanimously. 

Dr. Wines said the remarks which had been made and the vote which 
had been passed were more than a reward for all the toil and anxiety 
which he had undergone during the three years he had devoted to pre- 
paring and organizing the congress. It had in all respects surpassed 
his expectations, and he assured them of his best wishes for the suc- 
cessful prosecution of the great work of penitentiary reform in the 
various countries whence they came, and which they so ably represented. 

§ 9. Mr. Hastings, of England, proposed a vote of thanks to Sir John 
Packington, the president for th<^ day. No English statesman could 
more fitly have occupied that position. Prior to being called on by his 
sovereign to those high othces which he had filled with so much honor 
to himself and advantage to the country, he was for twenty-five years at 
the head of the Worcestershire quarter-sessions, and was universally 
acknowledged to be one of the ablest and most competent chairmen that 
county ever had. His experience in all matters conq^ected with the ad- 
ministration of the criminal law had been immense, and he had always 
advocated, in and out of Parliament, im])rovements in prison discipline, 
and every measure for the prevention of crime and the reformation of 
the criminal. 

Dr. Mouat seconded the motion, expressing hearty concurrence in all 
that Mr. Hastings had said. 

Mr. Hastings put the motion, and it was carried unanimously. 

The president, in responding, said that he had been glad to be of any 
use in promoting the success of tlie congress. He hoped that the dis- 
tinguished persons who had come from other countries,and had devoted 
their high character and ability to the promotion of the objects in view, 
would reflect with pleasure on what they had seen and heard, and would 
feel justified in thinking that the purpose of their mission had been as 
much forwarded as the short duration of the congress could have war- 
ranted them in expecting. 



PART TPIIRD. 

PAPERS SUBMITTED TO THE CONGHESS 



INTEODUCTORY. 

A large number of papers was ofl'ered to tbe congress in tlie form of 
essays or discussions of questions connected with penitentiary science 
and prison discipline. The most of these were by specialists of eminence 
and ability in many different countries. A few of them were given, in 
full or in part, as opening addresses on the questions discussed in the 
congress, and the substance of all such is embodied in the summary of 
those discussions contained in Part Second of this report. To offer even a 
full analysis of all the others, however worthy they might be, (and cer- 
tainly they are worthy,) would swell the present report to an unreason- 
able length. It was, therefore, necessary to make a selection, and the 
choice has been determined by some special novelty, either in the sub- 
ject or its treatment, or by some peculiar characteristic of some other 
kind, which marked the paper v\ith a special stamp. Another person 
would perhaps have made a different selection, and in doing so might 
have chosen more wisely ; but this was a case in which it was inipossibie 
to consult the judgment of others, and the undersigned was forced to 
rely upon his own, however great might be the loss thereby occasioned 
to the reader. Moreover, he has felt obliged to linnt himself to a moder- 
ate number of the essays submitted, and even these he will be constrained 
to contleuse as much as may be without injustice to the writers. 



CHAPTER XXIII. 
PEISONEKS AND THEIR REFORMATION. 

Mr. Z. R. Brockway, superintendent of the Detroit House of CoiTec- 
tion, and oneoftlie most eminent among the prison officers of Amer- 
ica, comTnuni<;ated a i>a[)er on tlie subject which forms the title to the 
present (chapter. 

Civilized sentiment (he sjiys in substance) concedes that the protec- 
tioH of society is tlu^ msiin pnrjtos*' (tj" imprisonment ; but effective i)ro- 
tection rcipiircs one of two (ri)ndivions: the, reformation of the criminal 
or his eoTitinued detention. ITence relbrmation is th<' immediate object 
to be sought. Uut doubt exists in many minds whether prisoners gen- 
erally can be reformed, and e\'en lU'ison oflicers have little ho])e of this. 
The writer, liowever, believes that criminal law may be so relbrme«l iii 
its sjjirit and administration as to i)roduce a soothing and healing, 
instead of an irritating and (esteriiig, etV<'(!t upon prisoners, and restore 
a large projxMtion of them to society. The species of crime to which a 
person is addicted depends upon the eii'-umstauces which suri'oundhim,. 



PRISONERS AND THEIR REFORMATION. 183 

or upon inherited tendencies, or both; but whether a man will commit 
crime at all depends, to a great degree, upon his constitutional charac- 
teristics. 

Since the welfare of society is the true measure of every man's i)er- 
sonal interest, it follows that a criminal act proves obliquity of some 
kind in the perpetrator — moral imbecility, incoherent meutal develop- 
ment, feebleness of will-power. Nor is this to be wondered at, since 
criminals are so commonly without systematic education, by which 
alone the moral, mental, and volitional powers can be rightly and 
effectively trained. All who have studied criminals closely must have 
observed the undeveloped, incongruous, ill-balanced state of their 
higher powers, and the consequent sway of the animal instincts. Mr. 
Brockway says that he has been constantly surprised at the blindness 
of prisoners to the moral quality of their conduct. This undeveloped 
state, this paralysis, as it were, of the moral faculties, though, no doubt, 
largely due to the want of proper early education, he nevertheless be- 
lieves to be often inherited from progenitors ; and he adduces very 
striking statistics in support of this belief. Now, if there is a common 
idiosyncracy among criminals, consisting in the activity of the grosser 
and more selfish impulses, and in the imbecility or absence of the moral, 
reflective, or volitional faculties, the writer asks, have we not found the 
right basis of a reformatory system, whose philosophy may be stated in 
the one word — cultivation f 

Mr. Brockway discusses at considerable length the comparative merits 
of the Philadelphia and Auburn systems of prison discipline, and, while 
giving his j)reference to the latter, arrives at the conclusion that no sys- 
tem of imprisonment can regularly produce reformed convicts so long 
as the present or any like system of sentences prevails. He believes 
that the true remedy lies in the substitution of indeterminate or reform- 
atory sentences in place Of mere time-sentences. His personal experi- 
ence, from recent legislation of his own State of Michigan, embodying 
a partial adoption of this principle, is altogether confirmatory of its 
truth and soundness, and demonstrates beyond contradiction the prac- 
ticability of its application. He found that it tended to cultivate in 
criminais a kindly feeling for the law and its executors; and its effect, 
he argues, must necessarily be to increase for society protection from 
crimiuals, either through this continued restraint or their reformation, 
the latter of which objects cannot fail to be essentially aided by enlist- 
ing the active co-operation of criminals in their own improvement. 

Mr. Brockway lays down the postulate that any change in the char- 
acter and life of criminals must be effected by one of two methods: in- 
timidation or education. Eestraint by intimidation does not go to the 
root of matters ; it touches only the surface, and must, therefore, be but 
momentary. Reformation, therefore, cannot be through intimidation ; 
it must of necessity be the result of such cultivation of the mind and 
heart as is required to give the criminal knowledge and appreciation of 
the beneficent design and friendly protection of law, to supply better 
thoughtsandimpulses, and to invest with authoritative control the mind's 
legitimate sovereign, the will. The educational effort in prisons, if made 
efficient for reformation, must be broadly and thoroughly organized; it 
must be such as to develop and strengthen, not only the mental, physi- 
cal, and industrial faculties of the prisoner, but also his moral and relig- 
ious nature. 

The effectual reformation of criminals requires : 1, a graduated series 
of peuitentiary establishments, embracing a phase of the separate sys- 
tem, of the congregate silent system, and of the congregate social sys- 



184 



INTERNATIONAL PENITE^TIAKy CONGRESS. 



tern; 2, centralized coutrol, with guardiau care of discharged prisouers; 
3, the principle of indeterminate or reformatory sentences ; 4, indus- 
trial, scholastic, and religious education and cultuie; and, o, a better 
public sentiment on the whole penitentiary question and on that of the 
laboring classes in general. 



CHAPTEE XXIY. 



CUAIULATm: PUNISH^IENTS. 



A paper of high practical interest and value on this subject was con- 
tributed by Messrs. Clarke Aspinall, Edward Lawrence, and S. Grey 
Eathbone, on behalf of the Liverpool magistracy, England. They com- 
mence by reciting two resolutions unanimously passed by the magis- 
trates, January 17. 1S72, as follows : 1, that it is desirable that the cu- 
mulative principle be applied to the iiunishment of all classes of crimes 
and oftenses : and, 2, that it is further desirable that the visiting justices 
(corresponding to our boards of jnison managers) should be empowered 
to transfer well-conducted prisoners to homes for a short period prior to 
the termination of their sentences. These resolutions are followed by a 
table, showing the number of prisoners confined in the Liverpool 
borough-prison during the first six months of the official year 1870-71, 
•who had been committed fifteen times and more: 



Fifteen timps iiBd i Twenty times ,ThirtT times and 
under twenty. ; and under thirty. under forty. 



Females 



Forty times 
and under fifty 



Fifty times and Seventy times 
under seventy, i and upward. 



The authors of the paper are strongly of the opinion, in which all re- 
flecting persons must concur, tliat punishments should be gradually iu- 
crea.'^ed in severity, if offenses are often repeated. This opinion is based 
upon two grounds, viz : fir.st, because long sentences would be more 
fornii<laV)le, and therefore more deterrent to persons who had become 
indifferent to short ones; and, .secondly, because such sentences would 
aid persons who had become addicted to a disorderly or criminal life to 
abandon it, by giving greater scope to the action of reformatory in- 
fluences. 

Wlien the criminal laws .shall have been amended in the direction 
indicated, so that terms of imprisonment of considerable duration are 
impo.scd on habitual petty tran.sgre.s.sors, it is the opinion of the writers 
that the pri.son authorities should have ])ower to transfer any prisoners, 
under proper limitations, to any home which is willing to receive them, 
and is at the same time under the management of a certitied dis- 
cliarged pri.soner.s' aid society. The advantage of such an arrange- 
ment would be that well-conducted pri.soners could be selected 
and jdaced in such homes for sonie time jtrior to their discharge, in a 
state intermediate between the stringent restraints of the prison and 
l)erfect lil)erty. In sueli a state they would have better opi)ortunities 
than can be aflorded in a prison of exercising and acipiiring habits of 
.*>K*lf-control, and of earning such a character as may facilitate their 



CUMULATIVE PUNISHMENTS — TKEATMENT OF PRISONERS. 185 

obtaining an honest living when discharged. Several homes for adult 
discharged prisoners (the authors of the paper say) have been es- 
tablished, and, if successful, more would no doubt be opened by volun- 
tary efibrt, and the expenses of adult prisoners would not be large, if the 
homes were well managed and placed in situations favorable for the 
profitable carrying on of the industries in which their iuniates were oc- 
cupied. The prisoners, knowing that if they did not work well, the 
managers of the homes would return them to the deprivations of a 
prison, would have a j^otent stimulus to real industry^ for it would of course 
be one of the conditions of the transfer of a prisoner to a home that, if 
he or she became idle, disorderly, or discontented, the prisoner should 
be returned to prison for the remainder of the sentence. The writers 
suggest that the homes should not be largely, if at all, subsidized from 
public funds. Their utility will depend much on the labor in them 
being of the genuine kind, which would render them to a great extent 
self-supporting, and all or most of the deficiency should be raised by 
the managers, as a guarantee that they are really interested in the 
work. It would be far better that the growth of such homes should 
be slow and gradual, as the fruit of satisfactory experience, than that 
they should be prematurely forced into existence in large numbers by 
such liberal public grants as have been given to reformatories and indus- 
trial schools. 

If the proposed amendments in the law were made, it is believed that 
the following results might be hoped for : 

1. That the short sentences passed on young ofitenders would become 
much more deterrent, because they would be known to lead up to tbe 
really long sentences, which are unquestionably much feared by nearly 
all the criminal classes. 

2. That under the influence of long detentions, when they became 
necessary, (particularly if part of the time were passed in well-regulated 
homes,) a certain proportion of the offenders would be reformed. 

3. That the residuum of reckless incorrigibles would be detained in 
prison under a succession of long sentences instead of a succession of 
short sentences, from which the great advantage would arise that they 
would have fewer opportunities of committing crimes themselves and of 
training up others in bad ways, while the expense of their imprison- 
ment would not be materially, if at all, increased, since the labor of 
long-time prisoners can be made profitable to an extent quite impossi- 
ble in the case of short-time pris6ners. 

•4. That the power of the police to enforce order and decency in the 
streets could be supported by the magistracy far more efficiently than 
un<ier existing laws. 



CHAPTER XXV. 

THE TREAT^NIENT OF PRISONERS. 

The right honorable Sir Walter Croftou offered a valuable paper 
under the above caption. He lays down tbe proposition that the end of 
punishment is twofold : amendment and example. But it is diflicult to 
embrace both these requirements in a system of prison discipline. A 
system of natural training from the start might amend individuals and 
reconcile the public to tbeir employment on discharge; but how would 



186 INTERNATIONAL PENITENTIARY CONGRESS. 

such a system prove exemplary to others? An artificial system, carried 
through from the beginniug to the eud, would be an example to the 
crimiually disposed ; but would such a system reform prisoners and 
further their employment on their release ? 

Reflecting upon these things, when called to preside over the convict- 
department in Ireland, he was led to discard each of these plans as a 
system complete in itself, for he felt that they would fail to attain the 
object in view, but that, as component parts of one system, definite and 
distinct in their several arrangements, both plans might be beneficially 
employed, and the one made so to lead up to the other as to give to the 
whole, in the mind of the criminal, the felt aspect of amendment. But 
in order to attain amendment, you must gain the co-operation of the 
criminals, to effect which they must realize that their punishment is 
not merely retributive, but that it has a benevolent aim, and that this 
aim is to improve them. 

Long experience has enabled him to state that if this point is made 
sufiiciently clear to the mind of the criminal at the commencement of 
the sentence, it will not be in hostility to tbose placed over him, even in 
the necessarily penal and more stringent stages of his punishment, for 
he will "look to the eud," and hope will be ever present with him. 

The solution of this problem, to his mind, lay in a classification which 
should lead, by successive stages, from very great strictness to a state 
of semi-freedom, in which the reformation of the criminal might be sat- 
isfactorily tested through the absence of the artificial restraints neces- 
sary in the earlier stages of detention. 

To give to these stages in classification real value, it was necessary 
that self-control and self-denial should be developed in the process. 
To attain the object in view, the idle and ill-disciplined should become 
industrious and orderly. No plan could so well effect this result as 
marks, (introduced into Ireland in 1854,) or numerical records of labor. 

But without associating industry in the minds of criminals with profit 
and pleasure, the marks would not be gained, and the end in view would 
be lost. As a general rule, it may be assumed that thecrimiual classes 
dislike labor. I3ut if labor is made a privilege to be earned by its absence 
in the very earliest stages of seclusion and by its gradual introduction, 
coupled with other advantages as classification advances, it will by 
degrees, Hloicly perhaps at first, but surely, supplant idleness in the ma- 
jority of criminals. 

Those conversant with the plan of convict treatment introduced into 
Ireland in 18;>lr will at once ])erceive that the principles of prison train- 
ing just sketched formed the basis of the system. 

kSo far as the prison (lisci[)line of the system is concerned, we have, 
then : 

1. The stage of penal and stringent discipline. 

2. The stage of asso<;iated labor, (with separate dormitories,) in 
whieli, Ity means of i»rogre,ssive classification governed by marks, the 
industrial improvement and self-control of the prisoner are both stimu- 
lated and t^^sted l)y the motive i)o\ver which is at work, viz, improve- 
ment in i)resent position and the opjiortunity of obtaining earlier libera- 
tion. It will be atonee realized that thus the crin)inal, within certain 
<lefined lituits, becomes the arbiter of his own fate, and the system is 
depriv(ul of any aspe<;t of vengence, while it secures the co-0})eration 
of the prisoner in his own iuiprovenient. It is scarci^ly necessary to 
point out the self-drilling which is rcipiired )inder sui^h a system, if the 
advantages held out by |)rogressive classification are to be r<'aped. 

When tiiese two stages are satisfactorily i)assed — /. e., when the crim- 



PREVENTIVE POLICE ORGANIZATION. 187 

* 

nals have attained- the required uumber of marks to entitle them to 
the privilege — they are removed to a stage of serai freedom, called the 
third or intermediate stage, which is a stage of probation in a more 
natural state of training before liberation. 

This stage of natural training in its very nature prepares the criminal 
for his return to the ordinary avocations of free life, and reconciles the 
I)ublic to his emijloyraent. As it has had the test of sixteen years' ex- 
perience and has more than fulfilled what was expected from it, it 
must be looked upon as a great success. The conduct and industry of 
the inmates during this long period have equaled, and even exceeded, 
those of ordinary laborers in similar positions of temptation. 

Sir Walter believes the above to be the best prison training to pre- 
pare a criminal for his release and his re-absorption into society. It is a 
training so simple in its principles that its very simplicity formed at one 
time its great stumbling-block in the minds of men, and so easy of 
application that, in some form, it is suited to every locality and every 
human being. 



CHAPTER XX Y I. 

PREVENTIVE POLICE ORGANIZATION. 

Mr. Edwin Chadwick, C. B., of England presented to the congress a 
paper of much ability and breadth on the question of a preventive police. 
One great object (he says) of a compulsory system of public relief for the 
destitute is to disarm the mendicant of his plea that, unless alm.^ be 
given him, he must perish. Juvenile mendicancy leads to juvenile de- 
linquency, and both are fed by indiscriminate alms-giving. English 
prisons were, at one time, filled chiefly with delinquents' orphans reared 
in mendicancy, who from begging advanced to stealing. Juvenile va- 
grancy and juvenile mendicancy are the great seed-plot of adult habitual 
criminality. Most of those who follow stealing as a business have 
mainly entered their -careers as juvenile vagrants and mendicants. 
After having, with the aid of able colleagues, completed a report on a 
compulsory system of relief to the poor and after considerable expe- 
rience in administering such a system', Mr. Chadwick became convinced 
that to attain the object of the law in regard to the great evil of vagrancy 
and mendicancy, as well as for other purposes, the concurrent action of 
a police was necessary. But beyond the metropolis there was no force 
in existence deserving the name of a police force. He therefore sug- 
gested to the government the expediency of instituting an inquiry into 
the subject. The result was that a royal commission was created for 
that purpose, consisting of himself, Colonel Rowan, chief commissioner 
of the metropolitan police, and Mr. John Shaw Lefevre, M. P. The 
leading results of this inquiry were embodied in Mr. Chadwiok's paper, 
and submitted for the iutormation of the congress. 

The commissioners found, in the first place, that the gains of habitual 
criminals, as arule, greatly exceeded those obtainable by honest industry, 
being in fact, on an average, about double. In the next place, they 
found that their average careers of spoliation upon the community, 
without interruption by arrest and conviction, were about five years in 
duration. More recently the estimate is that habitual depredators spend- 
about one-third of their time in prison, and the other two-thirds at large, 



188 INTERNATIOXAL PENITENTIARY CONGRESS. 

plying their craft. The duration of these long careers of uninterrupted 
villainy are owing mainly to two causes: first, to the adroitness of the 
criminals ; and, secondly, to the fact that the party robbed generally dis- 
continues the prosecution on the restoration of the property. 

Instances of the reformation of habitual thieves were unknown, and 
the possibility of such reformation was not believed in by the police. 
But proof was given that careers of habitual depredation had been dis- 
continued because of difficulties which reduced the chances of escape 
and rendered such depredation less gainful than honest industry, as, for 
instance, highway robbery by mounted and armed horsemen. Evidence 
was given that there were house-breakers who had returned to honest 
occupations since the institution of the police, because the chances of 
escape had been so far narrowed that tlie business no longer paid. But 
if the chances of impunity w^ere again lengthened from months to years, 
highway robbers, on foot and mounted, would re-appear, even though 
the gallows and the gibbet should re appear with them. What is 
wanted, therefore, to check criminality, so far as objective agencies are 
concerned, is, not severe punishments, (these have little eft'ect,) but few 
chances of escape, certainty of detection, short careers out of prison, 
and a reduction of the profits below those of honest industry. To leave 
the chances wide open, the careers long, and the profits large, and to 
rely mainly on punitive agencies, would be a wisdom akin to that of 
directing effort to the cure or alleviation of marsh-diseases and leaving 
the marshes undrained. The whole mass of habitual depredation exists 
through the defects of repressive legislation, and especially through the 
's^'aut of a properly-organized and systematic pursuit by an effective 
police force. 

But the efficient action of a police depends upon the completeness of 
its information, and this again upon the effective co-operation of the 
public in supplying it. The commissioners found that the police are very 
incompletely informed of the number of depredations committed. They 
also found that the failure of the public to co-operate was owing in some 
degree to carelessness and alow morality, but much more to : 1, a dread 
of trouble and vexation arising from the cumbrous forms of penal pro- 
cedure; 2, the absence of systematic public prosecution; and, 3, the 
fact tliat the charges of prosecution fall mainly- on the party robbed, 
and this in addition to tlie loss and annoyance caused by the depreda- 
tion. It hence follows that, for the efficient action of a police and a close 
and successful pursuit, a considerable reform in penal law and adminis- 
tration is necessary, as well as a more general and generous public sup- 
port. 

The chief objective i)oints of a police are to render it difficult and 
laboiious to get at pro])erty, to render it difficult and hiborious to 
convert ])roi)erty when obtained, to r«;n<ler it dillicult to escai)e detec- 
tion ; and in this way to narrow the cliances of escape to the depredator, 
to sliorten liis career of impunity, and to reduce the profits of the career 
l)e]ow those of lionest hibor. When tliese ends are attained, particu- 
larl}' the last, tlie ])redatory career will be abandoned. Crime for i)rofit 
lias subsisted and conlinues to subsist by the absence or inelliciency 
of systematic organization, devised with a view to detect and ]»uiiishit. 

The reniaiiiiiig portion of Mr. (!ha(h\ iek's ])ai)er is mainly taken up 
with an account of t iif stiite of t liings in i']nglaiid and the refi>riiis needed 
tluire, himI has, tlierefctic, little more than a local interest. He closes his 
essay with the stateriienl tli;it the lirst report of the commissioners w\is . 
directed to the elaboration of the i)rinci])les of the organization of a 
j)rerentire police forcr^ and that the said report has serv«Ml very much 



CKIMES OF PASSION AND OF REFLECTION. 18,9 

as a text-book for some of the imperfect organizations that exist, and 
that they have the material for a second report on the preventive action 
of a police when organized. It is much to be hoped that their second, 
report will not be long delayed. 



CHATTER XXy II. 

CRIMES OF PASSION AND CRIMES OF REFLECTION. 

Eev. Dr. Bittinger, of the United States, submitted a paper to the- 
congress treating of crime under the twofold aspect indicated by the 
title which forms the subject of the present chapter. The discussion, 
was one of great originality, sharp analysis, and, withal, of a highly prac- 
tical cast. The undersigned cannot but regret that an essay of such 
value should not have been given in full. But the respected editor of 
the Transactions, whose prerogative it was to decide upon questions of 
that nature, has inserted in his volume only a short abstract, and with 
that the undersigned must be satisfied. Dr. Bittinger's view, as ei^it- 
omized in the Transactions, is, in substance, as follows : 

Sin is the primal cause" of lawlessness, but it is not amenable to hu- 
man legislation until it finds expression in criminal acts. The two factors 
of crime are i)assion and reflection. The passions differ both in kind 
and degree : they are malign and non-malign. Eeflection differs only in 
degree. Crime is punishable, because it injures society. The character 
and degree of the iujuriousness of crime must determine the nature of 
our penal legislation ; and the possibility of diminishing crime and re- 
forming the criminal must determine the nature of our penal treatment.. 
The enormity of criminal acts is modified by their relation to the person 
of the victim as nearer or more remote. Thus murder, rape, mayhem, 
malicious mischief, arson, and robbery have a closeness of relation to 
the person corresponding" to the order in which they are named, and the 
same order marks the degree or intensity of guilt which attaches to the 
several acts. Another distinction tO be made, which has been already 
alluded to, is between crimes of passion thenjselves, namely, crimes of 
malign passion, as murder, and crimes of non-malign passion, as rape. 
Acts springing from malign feelings are always criminal, while those 
springing from the non-malign jiassions are criminal only in their ex- 
cess. The malign passions are in their nature objective, being always 
aimed at the ijerson, as murder, mayhem, malicious mischief. The non- 
malign passions are, in their nature, subjective, their aim being ever 
the gratification of one's self, and not harm to another. The former are 
personal, the latter impersonal. The punishment of crimes of passion 
is aimed at the quality of the passion, as malign or non-malign. The 
punishment of crimes of reflection is aimed at the degree of reflection, as 
involving more or less of intelligence and purpose. Personality, as being 
that which tends most to excite and intensify reflection, is, in general, 
the measure of the offense as regards its guilt : larceny of detached prop- 
erty, pocket-picking, burglary, robbery, rai)e. Tlie nearer the criminal 
gets to the person, the darker is the crime and the sterner should be 
the punishment. Crimes of passion are to crimes of reflection as 1 
to 27. The most inveterate crimes of reflection are the following : Horse- 
stealing, burglary, robbery, forgery; and this is the order of their fre- 
quency as well as of their guilt. Of crimes of passion the orderis murder, 



190 INTERNATIONAL PENITENTIARY CONGRESS. 

rape, felonious assault. Statistics sliow that grave crimes of passion do 
not tend to repetition," while crimes of reflection tend strongly in that 
direction. Hence, crimes of passion are few, of reflection many. 
For crimes of passion, i)reventive legislation is the remedy — 

1. By imi)roving the condition of the poor and degraded through 
work, education, and moral instruction and culture. 

2. By protecting all classes through laws against drunkenness, gamb- 
ling, and prostitution. 

' Crimes of reflection demand repressive and deterrent legislation — such 
as a vigilant police, certain detection, and swift punishment. 

The penal treatment^f both these classes should be framed on justice, 
as opposed to vindictiveness. Criminals have rights which justice must 
respect. The moral character of the jailor is of prime importance. The 
jailor and the judge are equally the ministers of justice. The prisoner's 
sense of justice must be respected by those who are charged with ad- 
ministering punishment, or his punishment will neither deter nor re- 
form him. In dealing with i^rofessional criminals, justice may fitly be 
made to wear an aspect of severity, or at least of sternness ; in dealing 
with crimes of passion, there should be a leaning toward mercy. The 
victim of passion is to be i^itied ; the criminal of reflection is to be 
punished. The man who does criminal acts under a sudden assault of 
passion leaves room for hope, for cooler moments turn him against him- 
self and move him to repentance ; the man who deliberates and plans 
his crimes is comparatively hopeless, because coolness is the essence of 
his criminality. The one is overtaken by crime ; the other elects it. 
Criminals of passion have no accomplices, but often witnesses ; crimi- 
nals of reflection have accomplices, but seldom witnesses. The former 
rarely combine, and are without organization ; the latter form them- 
selves into communities, and organize for crime. 

These characteristic difierences between the two classes of crimi- 
nals demand a corresponding diflerence in criminal legislation and penal 
treatment. Ur. Bittinger in his essay explained why and wherein this 
diflerence of legislation and discipline, as applied to them, consisted. 
But the abstract in the Transactions ends at this point, and the under- 
signed is consequently unable to follow him further. 



CHAPTER XX VIII. 

JOHN HOWARD — Ills LIFE AND SERVICES. 

John Howard entered upon his career as a prison reformer in the year 
177."{. It was therefore lit tiiat an international i)enitentiary congress, 
convened in I'ingland ninety-nine years after that <late, should be made 
the occasifvn of a centenary commemoration of the great English jdiilan- 
thropist. r.y special recpiest, Kev. Henry W. Jiellows, D. D., of the United 
Stat(;s, delivered, during the sittings of the <;ongr(^ss, a discourse on his 
life, eharacfer, and services, which was a worthy tribute; to the man and 
the cause. The address of Dr. liellows fills sixty i)ages of the volume of 
l>rinfed Transa(!fions ; it is evident, therel'ore, that the brief extracts to 
which the undersigned feels constrained to limit himself can give but a 
meager i<lea of th(5 nuistei'ly analysis and glowing eloquence of the dis- 
tinguished orator. 

Jn one of fhe opening paragrai)lis of his discourse. Dr. Bellows thus 
speaks of its subject : 



JOHN Howard's life and services. 191 

The u.ame of Howard has become a synonym of philanthropy. It is more widely 
known, and known with more unqualified praise and honor, than any private name iu 
modern history. Hundreds of associations for charity and beneficence have chosen it 
for their title. It has passed out of the keeping of his own countrymen into that of 
mankind. The lips of little children learn it almost next after that of their divine 
Master. Its glory belongs to neither sex, but celebrates virtues and graces equally 
honorable and acceptable iu both. It is one of the few names religion dares to repeat 
in connection with her holiest themes. There is scarcely a shadow upon it. It min- 
gles with all that is purest, noblest, most celestial in human feelings. It overleaped, 
even iu the days of angry polemics, the walls of sect, and acted as a solvent of bigotry 
and a cement among theological rivals and antagonists. It stands for universal 
mercy, world-wide sympathy, and absolute consecration to human service. A name 
for mildness, self-forgetfulness, sleepless activity in benevolent work, for interest iu 
the most abandoned and repulsive of our species, for hope toward those despaired of 
by all others, for chivalrous and heroic daring against enemies more perilous than 
artillery, but from w'hom eveu wisdom had accounted it univei'sally permissible to 
flee — pestilence aud crime ; a name for humility which fled from the echoes of its own 
resonant goodness, wept at the praises it could not escape, and unaft'ectedly longed to 
be unknown. What a halo hangs around these syllables! Howard! If, as he himself 
declares, not one insulting word or disparaging and contemptuous act ever met his 
eye or ear iu the sixteen years of his pilgrimage among the reprobate class confined iu 
tlie prisons of all Europe, a hundred years, in which that name has circulated like a 
household word through the homes of civilized man, have hardly produced oue jar or 
discord iu the universal symi)hony of love aud praise. 

In the following sentences T)r. Bellows gives us Howard's own 
account of what first awakened his interest in prisoners and led him 
to a visitation of prisons : 

Howard says that the first circumstance Avhich excited Bim to activity in behalf of 
prisoners was in observing, when sheriff of the county of Bedford, that persons 
accused of crimes, but on trial foilud not guilty, or against whom prosecutors failed to 
appear, after having suffered previous to trial or arraignment months of unjust im- 
prisonment, were often • dragged back to jail and looked up uutil they should pay sun- 
dry fees to the jailer, clerk of assize, &c. He represented the hardship to the court, 
aud begged that the jailer should have a salary in place of fees. The court was moved 
with tlie justice of the suggestion, but wanted a precedent for charging the county 
with the expense. Howard rode into several counties in search of a pre cedent, and 
his failure to find one did not prevent him from discovering the general sufteriugs of 
debtors and felons iu all the prisons he visited, and ■^aked up an earuest desire to 
alleviate what excited his pity aud off'euded his sense of justice. 

Dr. Bellows describes the zeal, activity, minute diligence, and scrup- 
ulous conscientiousness of Howard, in these words : 

Howard had now become unsparing in the demands he made on his own diligence; 
he gave himself barely time to attend to his inivate obligations. He regarded neither 
distance, labor, nor expense in his investigations. Hundreds of miles, by post, on horse- 
back, by night and by day, he hurried through England, Wales, Ireland, Scotland, the 
Isle of Wight, ubiciuitous", making almost superhuman haste, and yet overlooking and 
forgetting nothing. A jail with one prisoner was important enough to draw him fi'e- 
quently to its inspection. He took nothing on hearsay ; made no rough geueralizatiou ; 
exposed himself boldly to jail-fever, small-pox, typhus, aud every personal trial to 
whicH delicate sense or humane feelings can be, subjected, that he might be able- to 
speak with unanswerable authority on a subject which he had perfectly exhausted. 
Let us remember that this was not a time when immense accumulations of facts, exactly 
observed, had taken the place which they now possess, even iu the physical sciences, 
much less in the moral. Howard's hunger for facts was unexampled in his time. He an- 
ticipated even scientific observers in rigor, exactness, hesitation to generalize, and patient 
•waiting for an exhaustive examinatiou of the field. This was partly due to the want 
in. him of a discursive understanding or tendency to generalizing ; the absence of a 
lively imagination and an intuitive perception ; but still more to the scrupulous con- 
scientiousness of his character, his inability to tell lies of carelessness, his plodding 
patience and utter self-forgetfuluess iu the pursuit of his ends. It is hardly too much 
to say, then, that every prison, bridewell, house of detention, spouging-house, in the 
three kingdoms, and every apartment in each of them, aud every individual prisouer 
iu every cell, had by this time been under his inciuiriug eye and had felt his influence. 
The whole race of prison keepers and jail authorities, as well as all the felons, convicts, 
and debtors had seen his face and felt the genuineness, the authority, and the strength 
of his purpose. What other man has made his personality for so many years so directly 
felt by the very persons for whose improvement and reform he was laboring ? Asso- 



192 INTERNATIONAL PENITENTIARY CONGRESS. 

ciated beneticeuce, clepnteil and vicarious sacrifices for the vicious, organized corpora- 
tions for charity and for reform — we all know their necessity, their advantages, and 
their power. But do we not also know their limitations, their dangers, their exposures 
to superficiality and perfunctory work, their tendency to become at last only costly 
machines, run largely or mainlj^ for the sake of the olScers who administer them 1 
John Howard was a sublime exception to the rule which trusts more to the machinery 
than the power that drives it ; to the wheels, than the spirit in the wheels. His per- 
sonal labors were as abundant as his public reports were few and far between ; his in- 
quiries as minute, special, andparticular as they were numerous, broad, and universal. 
He swept the whole field, but it was as carefully as if it had been only a single thresh- 
ing-floor. 

This account is given of Howard's first publication of his work ou 
the State of the Prisons of England and Wales, with Preliminary Obser- 
vations, and an Account of some Foreign Prisons and Hospitals : 

Never was so original and costly a work — costly in the personal sacrifices and severe 
labors it represented, original in being the record of one observer's personal study of 
a subject hitherto treated only in the library by philosophers like Montesquieu and 
Beccaria — issued with less pretension. Printed at the author's expense, in a provincial 
town — and, it may almost be said, without a publisher— given away mostly by Howard 
himself, it came out, without the smallest flourish of trumpets or the least aid from an 
expectant public, carefully manipulated by such a skill as now ushers works of im})ort- 
ance into the reading world. And it was as modest in its pretensions, restrained in 
style and statement, free from rhetoric and false sentiment, as if it had been a legal 
document. Howard had a perfect eye for facts. He saw them, too, in a true perspec- 
tive. He hated sentimentality and romance almost as he did falsehood. He was incapa- 
ble, even had he been desirous, of arranging his observations in a pictorial or dramatic 
form. His work, therefore, is a plain, straightforward, condensed narrative of his ob- 
servations upon the conditions of all the prisons he visited, with little generalization, 
no philosophy, and few other comments than those of a plain, practical man. But the 
vast accumulation of facts exhaustive of the subject is fitted to produce an efi'ect which 
no abstract and no general inferences could possibly have accomplished. He really 
makes his reader a fellow-traveler, and, by inspiring him with absolute confidence in 
his scrupulous conscientiousness as an observer and recorder, he feels that his impres- 
sions from the book are nearly or quite equal in freshness and force to those an actual 
circuit of all the prisons in England and Wales, and of most in Holland, France, and 
Switzerland, would have produced. ' It may almost be said to hiive been the first suc- 
cessful attempt to arouse puldic opinion, independent of class or order, to a concern, on 
grounds of justice and humanity, in the treatment of a large and repugnant class of 
our fellow-iiien. It has become so common since, that the originality and boldness of 
Howard's course are not fully appreciated. Prior to that time, the appeal of all social 
reformers had been to scholars, philosophers, statesmen. Howard addressed the ordi- 
nary intelligence of tradesmen and the great middle class. He did not shoot an inch 
above their heads, and still less above their hearts. The narrative form <(>f his book 
adapted it to its end, and nothing but its cumbrous size and cost prevented it from a 
still wider circulation. 

Such self-denial, sucli purity of purpose, such self-subsistent efforts as Howard's oould 
not but give an apostolic cliaracter to his reputation, disarm criticism, and almost place 
him and his work outside the common arena of judgment. It is not too much to say 
that his personal character, as exhil)ited in his work, was itself almost a now revelation 
of humanity ; and so moved and amazed England, that the suggestions and wishes of 
such a working saint uec(lc,d hardly any sujiport except its own sublime simplicity and 
nii])arallcle(l <lfV(>tii>n. Martyrs dying in the cause of religion tlie world had kirown, 
and soon faileil to reverence. ' But saints living through labors and dangers and sacri- 
fices Hindi as Howard encountered, to soften the lot of the most degraded and oi)probri- 
ourt class of human beings — felons and murderers, thieves and robbers — and that with- 
out regard to country, race, creed, color, and at no possible advantage to himself — at 
liis own risk and cost, and without any warrant or authority but his own will : this liad 
iriade an impnssidn on the English public which was uniiiue, complete, ami without 
deduction. And it is no wonder lliat Howard's woik, though its circulation was neces- 
sarily limited, Hhould, liy liie nid of citationH in the ])ublic press, have cnsitcd what 
ca;nc, aa near uh the condilicni of England then allowed, to a universal interest. 

The concliidiiig |»aragr;ipl.is of J)r. P)i'llows's address contain what 
may be calFcd ;it (nice a (•(Hiii);uison and a (contrast bet\ve<'n two of the 
most eniiiH'iit ;iiid iriiiaik;il)l(' iikmi of the eighteenth century, lie 
HJiys : 

There are two diaractcrs belonging to tin- last century who may be said in did'er- 
ent way8 to have left a stronger imjiression ou the world than any other two men of 



JOHN IIOWAKD S LIFE AXD SERVICES. 19d 

tlwMr time, wlio were not connected with, political, scientific, economic, or literary 
nlfairs; both Englishmen, both cosmopolites, and both originators of movements that 
have swept over the whole face of the earth, and drawn the admiration and Hymi)athy 
of anccessive generations to their respective uudertakiugs ; both men wiiose influence 
continues and increases, and who have taken their places among the ]>(^rmanent orna- 
ments and benefactors of their race : John Wesley and John Howard. Wesley the elder 
was born in 1703 and died in 1791. Howard was born in 1726 and died 171)6, one year 
only before bis great contemporary. They resembled each other even in person, both 
being men of light weight, spare, under-sized, and of ascetic and self-denying habits. 
15oth were men unconformed to the world, and living habitually in view of another 
state of being; both intensely religious and Christian in faitli and temper; both eaten 
up with a zeal for the welfare of their fellow-creatui-es ; both self-subsist<!nt and self- 
relying men, so far as dependence on human sympathy is concerned. Both were men 
of immense powers of work, who never spared themselves when personal sacrifices of 
ease, sleep, food, society, friendship, could advance their unselfish aims. Both pos- 
sessed iintlinchiug courage, and met the prejudices, passions, and perils of unpopular 
<'auses, and of rude and violent classes, with the firmest, calmest, and most controlling 
will. Both were equally marked by invincible convictions, a single and undeviating 
aim, an indomitable resolution which success could not intoxicate nor opposition tame. 
Both were practical men of great executive ability, aiming at clear and definite ends, 
with clear-cut purposes, and little embarrassed by speculative misgivings, self-distrust, 
or deference to others' opinions. Both relied mainly upon their own personal judg- 
ment, their own personal exertions, their own self-sacrificing spirit and labors for then- 
success. Both were intensely protestant in their principles and intensely papal in 
their sense of infallibility — men who could only lead, not follow ; govern, not obey. 
Both were wholly consecrated to their aims, above the temptations of riches and 
liouoi-s ; holding jiomp, place, ostentation, ease, money, applause, in contempt, and 
freely spending all they possessed or created, at the service of the needy. They both 
lived on horseback, and were, iu an age of obstructed intercourse, ubiquitous — travel- 
ing by night and by day, with a speed practically equal to that which even modern 
facilities afford to 8elf-in<lulgent travelers ; careering through these three kingdoms, 
and into the remotest parts of the islands, in a way to make themselves equally at 
home in city and hamlet, among the rich and the poor. 

Wesley is computed to have journeyed a quarter of a million of miles on his volim- 
tary itineracy, chiefly on horseback; and Howard probably traveled in the same 
way, iu a life twenty years shorter, half as far. But what he lacke<l iu miles was 
made up in the varietj^ of the countries he visited, the scope of the circuits he made, 
the character of the obstacles and perils he encountered, and the solitary nature of his 
pursuits. Considering that his public work was confined within sixteen years, was 
begun iu middle life, and ended at the natural period of human existence, he perhaps 
exceeded iu the intensity of his labors aufl sacrifices, for the time he was engaged in it, 
any ef|ual period in Wesley's laborious life. But Wesley began his work at twenty-aix, 
and continued it to eighty-eight, with almost ecjual spirit and activity from the be- 
ginning to the close — an unexampled miracle of toil and persistency. 

Wesley eucouutered personal passions, hatred, scorn, violence, ignorance, and con- 
tempt ; was pelted with stones and garbage, with lampoons and polemic .abuse; had 
knives and pistols drawn upon him ; encountered mobs and soldiery ; was in frequent 
<larig(.'r of his life. Howard faced dangers more fearful to brave men : jail-fever, pest- 
ilence, plague, aud the apathy of all the best portion of society. Mobs aud persecution 
might have su}q)orted his courage by the anger and defiance they rouse, but he needed 
no such stimulants. He was brave, without witnesses or visible enemies, without ex- 
citement or organized opposition ; not braver than Wesley, for who could be? but as 
brave under more depressing circumstances. Wesley's weapon was his tongue, cloven 
with the dame of the Holy Spirit. With it alone he carved his way through all oppo- 
sition, calnnng tumultuous mobs with its spell; subduing violent aud wicked spirits 
with its divine meekness aud power, aud converting, like the fii'st apostles, thousands 
in a day. And wliat his never-silent nor weary tongue did not accomplish, his ever- 
active pen did— keen, plain, with less ink and more blood in it than any pen that ever 
wrote so much — a pen that uttered things, not words, terse, nuornamented, wholly to 
the purpose, vigorous, aud decisive. Howard had no cunning in his tongue nor in his 
pen ; not a man of thought nor of words, but a man of action ; his weapon was an 
eye to see, to search, to penetrate to the very bottom, to pursue into every hiding- 
]dace the evil and curse that had aroused his mingled sense of justice and humanity. 
He hunted down the prison wrongs of the world with the chivalric devotion of a 
8i>anish knight or the spirit of Sir Lancelot in solitary pursuit of the H(dy Grail. 
He collected facts Avith the zeal, the labor, and the patience of a modern Darwin, in 
S(ditary explorations in distant countries whose tongues he did not sjieak, and from 
the deepest dungeons, the most poisoned plague-spots, the dreariest aiul most hateful 
holes, in which the moral and social fungi, whose natural history he sought, were to 
be studied and described. Slow aud deliberate, cautious aud intent, he spared no 

H. Ex. 185 13 



194 INTERXATIONAL PENITENTIARY CONGRESS. 

paius, ho shnuued no dangers, he h^ft nntiirued no stoiie, he hurried to no conclusion ; 
he repeated his observations, examined and re-examined his facts; and then, without 
art, circumlocution, rhetoric, or self-display, mainly by the aid of others, laid them 
calmly before the little world who then read books, and left them to work their effects. 
Wesley was an organizer of the first order. He knew how to win, how to hold, and 
how to use other men. Solitary in plan and purpose, he was eminently social in 
method and co-operative in means. He builded as fast as he collected materials. It 
was no disembodied, uninstituted work, the diffusion of ideas as a spirit, that occupied 
his formative and shaping brain. He was a churchman in every fiber, and he aimed 
at visible, methodic ends — the great methodist, who swept thousands of the 
ablest and most earnest souls of his generation into the ranks of his cause, or- 
ganized them with an almost military drill, uuiformed them with precise opinions, 
ba<lgedtheiu with similar phrases and methods, and left them a distinct corps in the 
church militant, with a polity of their own, to make conquest at last of twelve millions 
of people, who are destined to multiply into scores of millions before the life Wesley 
gave them lias found any superseding rival or absorbent. Howard was a prophet, and 
not a priest ; a prophet of action, no organiser, no founder; an impulse ; an example ; 
an alarm-bell : a trumpet heard in the night. He was a sort of John the Baptist, his meat 
locusts and wild honey, crying in the wilderness, repent, repent. Solitary, difficult 
to work with, and wholly lonely in labors and in aims, he built up no work, he laid 
the foundations of no scheme, he became the architect of no system. But he drew the 
attention of the world and fastened it upon the cruelties, the inefficiency, and the in- 
humane and unchristian character of the dark prison territory. Nay, by his exalted 
devotion, the noiseless enthusiasm of his labors, the purity and intensity of his zeal, 
his absolute, uncalculating humanity, he made his name not only a landmark but an 
inextinguishable voice, which has ever since sounded through tbe nations, demand- 
ing attention to prisoners' rights and claims. He who can thus gild bis own name with 
mercy and truth, until it shines over all lands with the glory of an nusetting constel- 
lation, who can turn its very letters and syllables into a universal language, until it 
becomes a spell, a synonym for humanity, a rally for the prisoner's relief, has joined 
the small company o£ the immortals in human history, and is among the saints, apostles. 
martyrs, who stand nearest to the Head of the glorious company in heaven. 



CHAPTER XXIX. 



THE PRISON OF GHENT. 



M. xVuouste Visscbers, a jurist and pliilanthropist of great distiuctioii 
aud ability, wa.s one of live comniis.sioners named by tbe government to 
represent Jielgiuni in tlie congress of London. Forbidden by bis pbysi- 
cian, on account of tbe state of bis bealtb, to leave bome at tbe time of 
tbe meeting of tiie congress, be communicated in print a paper entitled, 
"Notice relating to tbe construction of tbe i)rison of Ghent, decreed by 
the States of Flanders in 1771, and to the two memoirs drawn up by tbe 
Viscount J. P. Vilain XIV, on tbe subject of tbe establishment of the 
said ' prison in 1771-1775, followed by some considerations on the 
l)rogress and development of tbe ])enitentiary system." No more inter- 
esting or instructive paper was olfi'rcd to the congress, yet, by some 
unaccountable ov<'rsight — for certaiidy there could have been no sucb 
design — it does not appear, nor is any allnsion made to it, in tbe volume 
of Transactions IssiumI l)y order of the ixnly and cditcil by its secretary, 
I'Mwin iN'ars, «'S(|., under tin; supervision of an I'higlisli committee ap- 
pointed for that purpose. For this icason, and beeausi^ of tlu^ exceed- 
ingly inteicsting e,haraet<-r of tiie information (>lfered by I\I. V'issehers 
in liis hist«uieal e.ssiiy, information so honorable to his country and to 
oiH^ of its eminent citizens, tin*, undi-rsigned has deemed it lit and desir- 
able, to give in the present chapter a somewhat extended sunimary of 
its ("ontents. 

."M. X'issclicrs ilivides his paper into scacu seel ions, or, as he names 
tliem, cliaptcrs, each trc.itiii;', of a spccia! department ol' his subject. 



THE PRISON OF GHENT. 195 

The first section treats of the state of society in the Belgian provinces, 
near the middle of the eighteenth century, and of the imperfection of 
its repressive hiws. The author says that at this time the whole of 
Europe was desolated by the scourge of innumerable mendicants and 
vagrants, a scourge which the laws and customs rather encouraged 
than repressed. That enlightened and able Empress, Maria Theresa, 
moved by this state of things, sought to introduce remedial measures 
more eflective than those previously employed, A letter of Prince 
Charles of Lorrain, governor-general of the Austrian low countries, 
dated August 2, 1705, called the attention of the privy council to the 
abuses existing in the administr.ition of criminal justice, and particularly 
to the iuefficacy of the punishments of whipping, branding, and banish- 
ment for the repression of crimes. M. de Eierlant resumed the discus- 
sion of these questions in the session of the privy council of April 13, 
1771. He denounced infamous and torturing punishments, and advo- 
cated, instead, the immediate establishment of houses of correction, de- 
claring that people without honor could not be restrained by the fear of 
infamy ; that neither the scaflbld, nor the scourge, nor the branding- 
iron could ever put an end to disorders which had their source in a dis- 
like of work, and that the only means of correcting the indolent and 
the idle was to compel them to labor. M. Visschers cites two state papers 
of the Empress Maria Theresa, honorable alike to her intelligence and 
her humanity, in which she recommends the gradual abolishment of 
capital punishment, except in cases of atrocious crime, and the estab- 
lishment of correctional prisons to take the place of these punishments. 
He mentions also another letter of Prince Charles of Lorraine, under 
date of May 11, 1772, pressing the work of building the prison at Ghent, 
agreeably to the plan of the Viscount Vilain, with separate cells for each 
prisoner, that it might serve as a model and an incitement to the other 
provinces. 

The second section touches briefly on the principal events in the life, 
as well as on the more important writings, of the founder of the house 
of correction of Ghent, the Viscount J. P. Vilain. Born at Ghent in the 
year 1712, this great man passed through all the gradations of public 
honor and responsibility in his native country, ever showing himself 
able, wise, and faithful, and closed a career, at once useful and illus- 
trious, in 1777, at the age of sixty-five years. His works were chiefly 
memoirs or essays on finance, economics, and penitentiary science, all of 
a practical character, all marked by broad common sense and a keen in- 
sight, and all intended to promote the highest interest and welfare of 
the state. 

Section third enters into the heart of the subject, giving a most inter- 
esting resume of the two memoirs of the Viscount Vilain, in 1771 and 
1775, for the construction and internal arrangement of the house of cor- 
rection. The first presents the basis on which the new establishment 
was to be founded. The second is mainly taken up with setting forth 
the rules and regulations of the house. In the former the viscount 
maintains that mendicity and vagrancy are encouraged and fostered by 
the hospitals and alms-houses intended for their relief and prevention, 
and that they form the seed-plot and nursery of theft and robbery. Of 
61,081 j)aupers then found in Flanders, exclusive of the cities, fully one- 
half were able-bodied mendicants, imposters, vagabonds, wandering from 
village to village and committing all sorts of spoliations upon the honest 
peoi»le of the country. He says that for such offenses there were no pun- 
ishments between fines and tortures, and asks why it would not be bet- 
ter to make of these sturdy beggers workmen useful to the public before 



196 INTERNATIONAL PP:NITENTIARY CONGRESS. 

they became criminals. He then examines the question of cost, and 
concliules that the proposed house of correction would be an economic 
measure as compaied with the expenses of justice and the losses occa- 
sioned by the spoliators. 

The proposition received the assent of the states of Flanders and of 
the Empress Maria Theresa. It was determined, according to the 
recommendations of the viscount's report, that there should be a sepa- 
rate \Yard for able-bodied mendicants, a second for women, a third for 
laborers oirt of employment who desired work, and a fourth for the 
children of paupers. It was ordained, not only that there should be a 
separate establishnient for each of these classes, but that each indi- 
vidual should be confined separately at night. The first three wards, 
radiating from a common center, were erected in the year 1772-1773, 
and provisional regulations for the discipline were decreed in February, 
1773; but the general opening did not take place till May, 1775. 

After two years' experience the Viscount Vilain presented to the states 
his second memoir, in 1775. The first was intended to i)repare for the 
creation of the establishment, the second to consolidate it. In it he 
remarks that the punishments inflicted on the bandits who caused the 
honest laborer to tremble — exile, whipping, branding — effected no im- 
provement in them, and were a remedy lor nothing. The offenders 
rather grew worse. He believed it would be preferable to change these 
jmnishmeuts to correctional imprisonment. There was, however, a 
]>eril to which the new experiment was exposed, that might prove 
disastrous; it was that of having too great a number at the beginning. 
Provision was made against this danger by the resolution to receive 
only a limited number, and to increase it when the first comers should 
be relbrmed and inured to labor. 

The fourth section describes the plan and interior division of the 
house of correction of Ghent. The general plan was that of wings 
radiating from oiie center, five of wliich were completed in 1775 and 
the renuiining three not until 1827. The first wing on the left, as you 
enter, was alone at that time used as a prison for criminals. The 
secoiul was occuj^ied by able-bodied beggars, misdemeanants, and dis- 
orderly persons. Tiie third was aj)i)r()]>rialed to girls and women. The 
other two were destined to the reception of i)ersons in want of work 
and to the children of paupers received on fouiulations or scholarships. 
Each wing had four stories, with stairs and the necessary private 
entrances. The whole structure was surrounded by an inclosing wall. 
Each ])risom'r was confined in a separate (!ell at night. The crinunals' 
wing liad two liiiiuired and eighty-four cells, eacli seven feet long and 
five and a hall' wich'. They weie all of the same form and ])ro])ortions, 
and ail])rovided with the same fuinilurc, viz: a bed six and a half feet 
long and two and a half i'cvt wide, a ])ailliisse, a mattress, a i)illow, a 
])air of sheets, and two blaid^cts in winter and oiu'- in sunuuer. They 
wer<! also ])i<)\id('<l with a vessel, a small bench, a hinge-table, and a 
closet in which tli<^ juisoners kept their criccts. The grouiul-lloor was 
occupied i»artly by the work-sliojts and partly by dark cells for the 
])unishnient of faults against discipline. 

On the first story was the kit<;hen, with its adjuncts. The lefectory, 
wliich was (H)ntiguous to it, was one huiulred an<l twenty feet long and 
twenty-six feet wide; eighteen tables might be spread in it, with twenty 
covers each. 

in the, chajtel iKljoiiiiiig llic icCectoi'v nmis celebrjitcd, Sundays and 
fe;isl(lays, di\ ine scixiee, ;it which all llie pi isoneis were re(iuire<l to 



THE PRISON OF GHENT. 197 

be present, as well as at tbe sermon, and at daily prayers morning and 
evening. 

The second structnre, designed for able-bodied beggars and prisoners 
sentenced for minor offenses, was built and arranged in tbe same man- 
ner, with separate cells for two hundred and tifty. 

The third wing, appropriated to young girls and women, was of the 
same dimensions, containing eight large apartments twenty-two by 
sixteen feet, and forty smaller ones, ten and a half feet in# length by 
eight and three-quarters in breadth. The refectory for the women was 
of tlie same proportions as that for the criminal men. 

Tlie tvA^o remaining wings, and the three still to be constructed in 
order to complete the octagon, had a destination which attested the 
breadth of the views which presided over the conception of the plan. 
For the realization of the end proposed, it was expected that there would 
be a foundation of four hundred to five hundred scholarships, yielding 
annually GO llorijis each. Already the states of Flanders had resolved 
to contribute to this foundation by establishing twenty scholarships. It 
was proposed to establish in the house of correction schools for the 
children of the poor and for apprentices in general, who, for want of 
sufficient means, were unable to acquire the knowledge of trades. 

The broad views and large-hearted humanity of tlie Viscount Vilain 
are shown in his declaration that " this establishment ought to be looked 
upon by the public as a school or nursery of arts and trades for the re- 
lief of the really poor, who, deprived of resources sufficient to supi)ort 
their children, are, obliged to let them languish in idleness and to make 
of them beggars, who, as a consequence, become onerous to the public 
and useless to the state," 

To encourage this plan, the Empress decreed "that those who shall 
become most capable as workmen, shall be received into the trade-cor- 
porations of the towns of Flanders which they shall find convenient to 
their locality, without charges- of any kind, and without being subjected 
to years of apprenticeship, but only to the x>roduction of a trial-piece, 
and that, in addition, they shall enjoy the rights of citizenship {bourge- 
oisie) without expense or formalities, in the towns where they shall be- 
come members of the trade-corporations,''' 

The author of the memoir i)laced his supreme reliance upon this mode 
of encouraging labor ; he sought to prevent crime by combating idle- 
ness. Private citizens had already announced their intention to found 
scholarships for the benefit of prisoners of this establishment ; and, with 
a view to insure its success, the great Queen Empress had exhorted the 
bishops, the abbots, the spiritual corporations — in a word, all her sub- 
jects — to lend their aid in a project so excellent and useful. 

In the fifth section M. Yisschers treats of the administration of the 
prison, its discipline, and the management of its industries. The ad- 
ministration was confided, under the general direction of the states of 
Flanders and the special protection of the Empress, to a college of gov- 
ernors, composed of three deputies of the assembly of the states, one 
jurist, two notables, and four merchants. The Viscount Vilain was 
made a member of the college. The police and discipline of the estab- 
lishment, and the reception, lodging, and conduct of the prisoners, were 
directed by officers who had under their orders various agents, and 
were themselves subject to the instructions of the dei)uties of the prov- 
ince. The management of the industries was confided to a director of 
manufactures, who had under him a number of foremen, and was him- 
self guided by the rules and resolutions of the college of governors. An 
accountant kept the books. A surgeon was attached to the house. A 



198 *^ INTERNATIONAL PENITENTIARY CONGRESS. 

cbaplaiu bad Lis residence iu the establisluiient. Tbe Viscount Vilaia 
says in his memoir : " Eeligiou is not neglected in the prison ; it is even 
made one of tbe objects of attention, and is never lost sight of. The change 
of manner, the quietness and submission of the prisoners, and their ex- 
emplary observance of tbe duties of piety assure us of the impression 
which has been nuide on the minds of many by pious exhortations and 
the word of God.'' 

No priscyier was received except upou previous notice, given at least 
forty-eight hours in advance, and on tbe production of an authentic 
copy of tbe sentence of tbe judge or of the decree of commutation of 
afflictive punishments to imprisonment. At first no convict was ad- 
mitted who was not able to work and to learn a trade. 

Tbe viscount gives formulas for keeping tbe registers relating to tbe 
general state of the prisoners, the trades at which they worked, and the 
product of their labor. A special register shoiced the amount helonfjivg to 
each 2)rhoner of his share of his earnings. Instructions, are set down for 
the management of tlie hospital and tbe care to be given to the sick. 
A regulation of the 20th March, 1773, decreed by tlje Empress, fixed 
everything relating to tbe maintenance of good order and discipline. 

Que of the articles of this decree deserves to be cited at length, as 
showing at once the progress of humanity and tbe impossibility of 
wholly escaping the influence of tbe ideas and usages of the times. 
Article 26 reads thus : 

As regards the police of tLe prisou, we reserve it for a separate regulation, but iu tlio 
mean time we declare that tbe directors, who sbail be placed over tbe police, will not 
be permitted to iullict upon any prisoner graver punishment than that of confinement 
for two days on bread and water ; and in case the offense merit a more severe correc- 
tion, they shall report it to the tirst meeting of the administrators, who, on their part, 
will be allowed to prescribe only correctional puuishmeuts, snclv as bein» tied for some 
hours to a post, to receive some hJoivs wilh a stick, which shall not exceed twenty-five, 
or of being confined for a moderate time in a ribbed prison— that is, on a floor with sharp 
edges, {duns nne prison a cotes, sur im plancher a aretes vives) — or for a few days in an 
ordinary jirison on bread and water. 

Article 27 also contains a remarkable provision, and one which must 
have been very sensibly felt by tbe prisoners when the time for their 
liberation came : 

Every prisoner who, by lesolution of the administrators, shall have been confined in 
a ribbed prison, shall remain, for each time that lie shall have be;m so punished, eight 
days in the prison beyond his term. 

(3n this the Viscount Vilain ])ei"tiiieut]y inquires whotber, conversely, 
justice does not also icquire tiiat tlu^ inisoncr who siiall bave strictly 
observed tbe ruU'S an<l regulations be rewarded therefor; whether it 
is not just tbat he mIio has shown zeal and exactness in tbe fulillment 
of liis duties, wbo has labored to reform his manners, and has mastered 
a trade tbat will insure him an honest living, should not be sooner re 
Htored 1o liberty. If bad conduct prolongs, ought not good conduct 
to aljridge bis imprisonment"? The viscount adds: 

Tlie hope of sliortcning his captivity would be of the greatest service lo liim ; it 
woiild be a strong modvtj to industry and good order; it woidd tend to beget and 
elwrixli in ]jim a. love of work; and it would certainly be a nuNins of inii)roving the 
discipline. 

\'ihiin liebl and prochiiiiicd I be soiiiKlcst opinions regarding tbe dura- 
tion of inq)ris()niii('iits ;ind the ntt(U' wortbicssness of short detentions 
as an agent of relbrm. Jle says : 

Tho admlMlHtratiou will please observe that the (crin of six montlis is too short to 
reform cri.ninals and train them to tlw love ;iiul priicticcor iiidiistiy. These short- 



THE PELSON OF GHENT. 1S9 

term prisoners set a bad example to tbo others. They say that it is uot worth the 
trouble of beginniuf^- an apprenticeship; and all their thought is directed to the termi- 
nation of their iniprisounuiut, that they may again return to a life of idleness. 

These considerations lead him to the conclusion that the niiuiiuum of 
imprisonment should be Hxed at a year. On the other side, he says : 

A life-sentence reduces convicts to despair. Deprived of hope, they are indifferent 
alike to reforuuition and labor, and tliey turn their attention only to schemes of escape 
or revolt. Since we have not ^een fit to deprive them of life, why should we seek to 
make it insupportable to them? Why not hsave them the hope of re-enteriiiff society 
after expiating- their crimes and rendering themselves worthy by assiduous labor and 
a genuine repentance? 

The viscount, in his memoir, enters into the further inquiry whether, 
by the labor of the prisoners, the establishment may not be made self- 
supporting, and whether this same labor may not even be rendered a 
source of profit to the state without prejudice to free labor outside, and, 
in fine, whether the establishment of the house of correction sufficiently 
answers to the general desire of the ])ublic and to the end proposed, 
which is to dry ui), or at least lessen, the sources of the evil, viz, idle- 
ness and vagrancy, so hurtful to the repose of society. He insists, above 
all, on the necessity of establishing in the house of correction manufac- 
tures and trades, which will assure to the prisoners on their liberation 
the means of an honest livelihood by their own labor. The aim is de- 
clared to be to impart a love of work, and to form them to habits of in- 
dustry. 

Finally, he i)roposes an establishment or school, under the name of 
hospital — a hospital for moral rather than bodily diseases — where the 
children of the poor will be reared and maintained in labor and good 
manners. The state, he says, is too much interested, has too deep a 
stake, in the extirpation of mendicity, not to make trial of this supreme 
agency to that end. 

In his sixth section M." Visschers has collected divers honorable testi- 
monies from various countries attesting the merit of the work so hap- 
pily accomplished by the Viscount Vilain. Tlie first and most impor- 
tant is that of the great English philanthropist Howard. He visited the 
prison in ITTo-'TO, and iound there two hundred and fifty criminals — 
one hundred and ninety-one men and one hundred and fifty-nine 
women. Being present at the dinner of the male prisoners, he admired 
the regularity, decency, and order with which everything was done at 
the word of the director ; not the least noise or wrangling was heard. 
He remarks : 

This assemblage of one hundred and ninety criminals, robust and turbulent, seems 
to be governed with greater facility and less confnsion than would be an assemblage 
of wise and educated men in civil society. 

Eight small chambers or dungeons existed at that time for the punish- 
ment of refractory prisoners; but Howard found them always empty. 
He visited Ghent again in 1778. " I then saw," he wrote, "that the 
establishment was managed like a well-regulated manufactory. The 
prison population consisted of two hundred and eighty men and one 
hundred and seventy women. These last were engaged in making the 
clothing necessary for the house. ]\Iost of them, ranged in order, were 
spinning, knitting, or weaving, all attentive to their work and perfectly' 
quiet. There was given to all, both men and women, one-fifth of their 
earnings. The specimens of cloth made there proved how much those 
are mistaken who think that no manufacture can be useful or prosper- 
ous which is carried on by hands imprisoned and forced to labor." 

In 1781 he found the same care, the same discipline, the same dili- 



200 INTERNATIONAL PENITENTIARY CONGRESS. 

. gence, aud the same progressive amelioration of the prisoners. There 
were two hundred and six male criminals, one hundred and six male 
delinquents, (including sturdy beggars,) and one hundred and fifty 
women, all occupied in divers manufactures or in the service of the 
establishment. The bread, soup, and meat were of good quality and in 
abundance. Everything announced the care and vigilant attention of 
the director. 

I cannot but pause here for a moment to gather up and i)resent to 
the admiration of all who read these pages the salient features of this 
remarkable experiment, conceived, inaugurated, and carried out to a 
complete success by Viscount Vilain, certainly one of the wisest and 
most gifted statesmen who have ever contributed by the light and 
warmth of their genius to the progress of humanity. Here we lind, al- 
ready discovered and applied a century ago, nearly all the great prin- 
ciples which the world even to day is but slowly and painfully seeking 
to introduce into ])rison management. What are they "? lieformatiou, 
as the supreme end to be kept in view ; hope, as the great regenerative 
force in i)risons ; industrial labor, as another of the vital forces to be 
employed to the same end ; religious and scholastic education and train- 
ing, as a third force belonging to the same category ; abbreviation of 
sentence and ])articipatiou in earnings as incentives to be held out to 
prisoners to diligence, good touduct, and effort at self-improvement ; 
the enlistment of the will of the criminal in the work of his own moral 
regeneration — his new birth to a respect for the laws ; the introduction 
of variety of trades into i)risons, and the thorough mastery by every 
prisoner of some one handicraft, as supplying the means of honest sup- 
port after discharge ; the use of the law of love and kindness as an 
agent of prison discipline, to the exclusion, as far as possible, of the 
grosser forms of force, which act upon the will mainly through the body ; 
the utter worthlessness of short imprisonments, and the absolute neces- 
sity of longer terms, even for minor offenses, as the sole condition of the 
application to such offenders of reformatory processes; and the care, 
education, and indnstiial training of the children of the poor, and of 
other children addicted to vagrant habits, or otherwise in i)eril of 
falling into crime ; an anticipation, in essential features and aims, of 
the industrial school and Ju\'enile reformatory of the present day. 

Howard revisited Ghent in ITSo, but tlie jjiison was no longer what 
it had been. The I'imperor, Joseph II, had yielded to the hostile re]>- 
resentations of interested persons, wlio claimed that the prison labor 
offered an unjust competition with tree labor outside, and had abolished 
the system of labor introduced by the Viscount Vilain and practised 
with such excelkMit effect. In conse(iuence of this action of tiie Em- 
])eror,the manufacture, so useful and tiouiishiiig,ha(l been <lestroyed, the 
trades al)and()iH'd, the tools sold, and the nobk' views of the founders of 
the lioiisc; were, ibr the time, utterly thwarted and overthrown. IJnf un- 
der tlie ibstciing care (»f tlie hitci able? insjx'ctor-general of prisons in Bel- 
gium, lOdwaid Ducpctiaux, the prison of (Iheiit rej^ained in great part 
its former chaiactcr. 

In liissevenfli section M. Visscheis tracesbiielly the progress of prison 
discipliru^ during the hist century, and gives an inter<\sting rr,v/f/«J of 
the i)risoti systrmsof <lilfcnMit <;ountries at the present time. As the re- 
sult of this review, lie tlius (\xpr(!ss(^s, in the closing sentences of his 
essay, his ]>refeien(;e for what lias become widcily known as the Oroftou 
prison system : 

rroj^ti'HHiv«i cliiHsiric'if i(in, with fjr.'Khinl amolioriitioii of Iho priHoncM-'H condiliioii uiiil 
iiiif^iiiriitatitiii of till! jicciiiiiury jnolils dcrivctl IVoiii lus labor, lias lud to the diHuovory 



PRISON OF GHENT DR. DESPINE's PAPER. 201 

of a new and fruitful princiiile, cmnlation. On one side, tlie convict dreads the conse- 
quences of every fault against discipline wliich would degrade bini to a lower class ; 
and, on the other, he sees the means of gradually iiuprovitig his lot and hastening, per- 
chance, the moment of his liberation. In the class to which he belongs, he has seen 
such and such comrades in toil, who, in recompense for their good conduct and dili- 
gence, have been promoted to a higher class. He says to himself that it depends upon 
his own will, upon the steadfastness of his efforts, to arrive at the same result. 

Another consideration : We haveoltserved how nuich deeper is the impression made 
by the divine word upon the heart and mind of prisoners when they are associated 
in worship. The same advantage is found in associated scholastic instruction. 

But how great the dilierence for the convict, who must one day re-enter society, to 
have accjuired the knowledge of a trade and to have labored under the ordinary con- 
ditions of life! It is a labor spirited, active, sustained ; while, in the cell, after a so- 
journ too protracted, the convict knows only sadness, depression, and somnolence, and 
loses all energy, moral and physical. If, on his return to society, he must encounter 
the rough competitions of labor, if life itself has its asperities, will he be better pre- 
jjared for these by a long sequestration ? Shall freedom be given back to him without 
any tests to show whether he is able to bear it, or worthy to obtain it f Ought not soci- 
ety to exact guarantees sufficient, I will not say of his repentance, but of his good con- 
duct, and his ability to henceforth lead an honest life ? 

It is in view^ of the happy results promised by the system inaugurated in Ireland by 
Sir Walter Crofton, and now introduced, with mo<lifieations, into the convict-prisons of 
England, that I give it all my sympathies, considering the ideas which belong to it to 
be as wise as they are well conceived. 

The congress which is about to assemble will listen to the exposition and defense of 
all the systems. From its discussions there will flash a living light, which will pene- 
trate two hemispheres, and contribute, no doubt,* to elucidate questions which too 
long await a solution. I have desired to recall the i)oiut of departui'e, the attempts 
made, a century ago, toward the reform of prisons aud the regeueration of criminals. 
The measures taken by the states of Flanders in 1771, under the inspiration of the Vis- 
count Vilain, for the construction of the house of correction of Ghent, were marked by 
a wisdom which cannot be misunderstood — those measures which have borne fruits, 
whose excellence was recognized even by contemporaries. The men who have been 
benefactors of their age and their country belong to all nations in virtue of the ties of 
a common interest which unite all the members of the great human family. Is not 
the approaching reunion of the congress about to give the most illustrious example of 
this truth ? 

Let us place side by side these two mehujrable dates of 1772 and 1872, which will re- 
call to our successors the erection of the fust Penitentiary and the meeting of the great 
International Penitentiary Congress ! 

NOTE. 

A paper of masterly ability and profouud pliilosopbical analysis was 
sent to the congress by Dr. Prosper Despine, of France, on the crimi- 
nal himself, of which only a short and imi^erfect abstract was printed 
in the Transactions. The undersigned thought this essay of such excep- 
tional value, because of its great originality audfreshness, and still more 
on account of the just and practical views embodied in it and the scieu- 
titic basis on which it seeks to build all prison management, that he 
translated and read it in the Kational Prison Peform Congress of Balti- 
more, held since the International Congress of London. As it Avill ap- 
pear in full in the ])roceedings of the Baltimore meeting, no fuither no- 
tice of it need be given here. 



PART FOURTH. 

EESTTLTS OF THE COMMISSIONER'S PERSONAL OBSERVATIONS 
AND INQUIRIES RELATING TO THE PRISONS AND REFORMA- 
TORIES OF EUROPE. 



INTEODUCTORY. 

Both oil his visit to Europe in 1871, to orgtiuize the Cougrcss of Lon- 
don, and on that in 1872, to take part in it, the undersigned acted in a 
double capacity,beiug' at once commissioner of the ISTatioual Government 
and of the National Prison Association of the United States, and, on his 
second visit, being still further honored with a commission from the 
I)resident of Mexico to represent the government of that country in the 
congress. He received, on the eve of his first sailing, the following 
letter of instructions from the Hon. Horatio Seymour, President of the 
^STational Prison Association, to wit : 

United States of America, 

New Yoi'k, July 6, 1871. 

Silt : As you have been designated by the National Prison Association of the United 
■States of America as their commissioner and agent to arrange the j)relinunarie3 
of an international congress on penitentiary and reformatory discipline, which is pro- 
posed to be held in Enrope in 1872, it becomes my duty as president of the associa- 
tion to convey to you the wishes of the body touching the extent and scope of the work 
required of you, as well as the manner in which you are to discharge the duties of your 
mission. You are to proceed, then, to Enroi)o at the earliest practicable moment, in 
fulKlment of tlie trust with which you have been cliarged. 

If rclbrms in prison management are ever to be inaugurated, resort must sooner or 
later be had to governments, as legisbition is the only mi'ans through which they can 
be effected. It has therefore been thought desirable that their co-operation in this 
work sliould be enlisted in advance. Hence, one of your chief duties will be to visit 
the several governments of Europe, to endeavor to awaken their interest in this pro- 
jtosition, and to induce them if possible to take part in the proposed congress by duly- 
commissioned ri'presentatives. 

It isi)ro1)al)le tliat the initiative of the United States in this project, and the official 
participal ion tiierein by the (iiitieral (jlovcrnment, will smooth your path in approach- 
ing foreign governnu'iits, and materially aid the success of your mission. You will not 
fail to bring this point to their attention, and to press it upon their consideration as 
you liave. o]i])oitunity. 

Anotlicr duty r('(|uired at your hands will be that of visiting, inspecting, and exam- 
ing as many of the ])enal and reformatory institutions of the several countries to 
wiiicli youi- mission siiall extend as you conveniently can, in all cases carcifully re- 
cording the results of your olmervations. You will also inciuire into the i)rison 
HyHteniH of the ditVerent states of lCuro])e, including tiie ))rinciitl(is on wliicii tlnsy are 
organized, llii-ir mcules of administration and discipline, and the results accomiilislu^d 
through tiu'ir ;ig(Micv. You will si-ek to secure the attendance at the congress of n^p- 
resent'iit i vcH IVoin all the iikui-, important ))risi»iis ;ind rcfcu iiialoiics in each country. 

A furfiier oliji'ct to Im; kept in view hy you will l)e tliat of conferiing with Ixiards of 
]>riHon managers, juison discipline associations, amlolher oigani/.ations iiavingin view, 
wholly or in |iait, the prouKiliiui of refoi'nis in this departnu-nt of sucial sciience, 
and of juocuring rej»reHentali\es to be scnti by them to lake i)art in tin; deliheratious 
of the congresH. 

Another of your dudes will be tliat of orgiini/.iMg, wherevisr you <'an, n;iliou;i.l com- 
mittees, who will take chargii of the ^vll(lle, l)usiiies.s of Mi.ikiugtlie rei|uisite pn^paia- 
tifUis for the congiess in the seveial countries for which tln-y may lie appointed, an<l 
who will also j)repare, (to lie reail at the (!ongress) i>rief memoianda sitting Ibrtli tiie 
present stall! of tlie jtrison ()uesfion in their r(;sp(ict.ive nationaliiies. 



PERSONAL INSPECTION OF IRISH PRISONS. 203 

As far as England and France art^ concerned, thoir national committees should be 
cliarj^ed with the duty (it, as it is hoped, they are willinj^ to assume it) of correspond- 
ing with tile pro))er colonial authorities of their respective countries, and of securing 
rejjresentation from every colony suliject to their authority. 

An additional duty expected of you will bo that of conferring with x)rominent per- 
sons al)r(jad in regard, first, to the ])roper questions to come before tlie congri^ss for its 
consideration, and, secondly, the proper persons to be invited to prci)are papers upon 
the topics deemed most lit and necessary to be considered by the body. Tlie object 
here will he to prepare the way for and facilitate the formation of such a jjrogramme 
of proceedings as may be judged best adapted to the ends in view in the calling of 
such a congress as the one |)roposed. 

On the subjects above referred to, and such others as your own familiarity with 
(juestions and interests of this nature may suggest, you will naake the broadest 
inquiries and gather the largest amount of inforuiatiou practicable, and will report 
fully thereon ro the association on your return. 

HORATIO SEYMOUR, 

President of the Association. 

E. C. Wines, D.D., LL.D., 

Corrc><p'Jiidi»g iSccrelarg and Commissioner of the National Prison Association. 

All the points in the foregoing letter of instructions are covered in 
]>revions parts of the present report, except that which makes it the 
duty of the undersigned to visit, inspect, and examine, as far as circum- 
stances would permit, the penal and reformatory institutions of Europe. 
To this work he was prompted as well by his own inclination as hy the 
iustructious of. the president of the association. In obedience, then, to 
the dictates at once of choice and of duty, 1 personally examined, more 
or less closely, during my visits to Europe in 1871 and 1872, from (ifty 
to sixty of the institutions referred to in the above-cited letter. Of these 
I propose to give, not a detailed description, for that would require 
both time and sjiace not ut my command, but some passing notice, in 
the chapters of this fourth part of my report. 



CHAPTEE XXX. 

PERSONAL INSPECTION OF PRISONS AND REFORMATORIES IN IRELAND. 

§ 1. Convict prisons of Ireland. — The penitentiary system, devised and 
carried into effect by Sir Walter Crofton in the convict-prisons of Ireland, 
has been so fully described in previous parts of this report, and has be- 
come in other ways so widely known, that I do not feel called upon to 
go into any detail upon the subject, and shall but briefly describe what 
1 personally saw and heard during my visit to this now far-famed con- 
vict institution. 

Penal servitude in Ireland, sentence to which is never less than five 
years, is undergone in three different stages and at three separate and 
distinct establishments. The first of these establishments is at Moantjoy, 
a. suburb of Dublin, and consists of two prisons — male aud female ; the 
second is a public-works prison, on Spike Island, opposite Queenstown, 
at the southern extremity of Irelaml, and more than a hundred 
miles distant from Dublin ; the third is at Lusk, twelve miles from 
Dublin, and is what is called an intermediate ])risou. I spent a day at 
each of these establishments, accom[)anied throughout by one or the 
other of the two gentlemen composing the board of directors, viz, Mr. 
Murray or Captain Barlow — by the latter, however, everywhere, except 
at the male prison of Mountjoy. Every desirable attention was shown. 



204 INTERNATIONAL PENITENTIAEY CONGRESS. 

me, and every possible facility afforded for the most thorough ex- 
amiuation of every department of the convict service. I was per- 
mitted everywhere to converse freely with the convicts to any ex- 
tent I desired, and that without the presence of the director who 
accompanied me, or i\uy officer of the establishment; and I invited 
the confidence of the prisoners by the assurance that whatever they 
communicated would be regarded as strictly confidential, and 
should not, in any event, be reported to the authorities of the 
prison. Had I chosen to continue my investigations long enough 
I might, in this manner, have conversed with every inmate of every 
prison in the Irisli convict establishment. As it was, I improved my 
opportunity to the utmost that my time would permit in conversing 
with a greater or less number of cdnvicts in each of the three stages 
into which their iin}nisonment is divided. For a decade of years I had 
been a diligent stu(leut of the system, devouring everything I could get 
hold of on the subject. As far as books could teach it, it is scarcely an 
exaggeration to say that I kuew it by heart. And 1 had done what 1 
could to make it known to my countrymen. In my annual reports 
as secretary of tue Prison Association of Kew York, in numerous short 
articles written for the daily and weekly press, in more extended essays 
published in the monthly and quarterly journals, in an exhaustive 
paper read before the American Social Science Association, in addresses 
made at public meetings in various parts of the country, and in private 
conversations without number, I had opened, explained, and com- 
mended this system in the clearest and strongest terms I could com- 
mand. I had echoed and re-echoed the opinion of Italy's greatest 
statesman, the late Count Cavour, that the fundamental principle of 
this system — progressive. classification based on merit, a progressive 
withdiawal of restrait and enlargement of privilege, as they should be 
earned and warranted by the prisoner's coiuluct, a gradual and almost 
impercei)tible melting of prison life into the freedom of ordinary society 
through a i)robationary stage of natural training — that this principle, 
applied in some form, whatever the system adopted may be, is "the 
only efficacious means of discountenancing vice and checking crime, by 
encouraging, through agencies purely philanthropic, the reform of the 
criminal, without, however, holding from him his just punishment." 
And now 1 solemnly declare that the impressions received from pub- 
lished descriptions of the system have been, in the main, (I will not 
say without some modifications and abatements,) contirmed by i)ersonal' 
inspection and study. 

in the two piisons at Mountjoy — first stage — I saw the prisoners con- 
fined in sejtaratc c<'Ils, where tijey were kc^pt on coarse and low diet, and 
cm](h)yfd at rougli and uninteresting hibor — oakum-[)ickingand the like. 
This is tlH", penal stage, and is intended, among other ends to be answ(>red 
by it, to make th<', ])rison('r fe(^l that the way of the transgressor is hard. 
Its maximum (hiration is niiu^ months, wliich \n;\y by good comhict be 
shorteniMl toeiglit. J>ut liope is even here early i)hinted in the prisoner's 
l)r<'ast. The utmost i)ains is taken to explain to the (jonvict, in the fullest 
and clearest manner, the (Mitiro course of iiis imprisonment, and all the 
a«lvantag«*s that will accrue to him, as he advances from stage to stage 
and class to class, from good conduct, industry, diligence in stud}", 
and att«Mition to his moral improvement. Not only are these things 
set bel'ori; each jniso'ier in his cell, but once a. w<'ek ther<^ is held 
u kind of (;ateclietieid exercise on the subject, in which tlic^ convicts are 
♦luestioned as to tln^ e()mi)leteness and accuracy of theii' knowledge in, 
regaid to it. According to the answers given, all eirors are corrected 
and nil (leli(;iencies sni»prM'(I. Tiie eriect, «'V(mi in this ixMial stage, I 



PERSONAL INSPECTION OF IKISH PRISONS. 205 

found to be hope, courage, clieerfuluess, and a patient waiting- for i)rom- 
ised ameliorations. Indeed, these ameliorations begin during the i)eriod 
of cellular separation, and early in it. At lirst the seclusion is absolute. 
After a while, the cell-door is thrown open a i)art of the day, then all day. 
This slight approach to society is felt to be a great alleviation, and is 
withdrawn for any mis(ronduct. From the first, the prisoners in this 
stage are together in chapel, school-room, and exercise-yard. Much 
attention is given to education and to moral and religious culture, 
wherein the "profiting" of the ]irisoners "appeareth unto all men," who 
have oi)portunity of observing it. 

The day passed at Spike Island, where the second stage of imijrison- 
meut under the Croftou system is passed, was one of great interest to 
ane. This may be properly designated as the reformatory stage, for it 
is here that the principle of progressive classification is applied and 
exerts all its force, having no existence in either the first or third stage. 
There are lour classes here, arranged in this order: third, second, first, 
and advanced or exemplary. Promotion is determined by marks, of 
which the convict can earn a maximum of nine per month, viz, three for 
general good conduct, three for industry, and three for school duties — not 
actual progress, but attention to lessons and the desire shown to im- 
prove. On his transfer from Mountjoy to Spike Island, the convict is 
l^laced in the third class ; 18 marks must be earned in order to his pro- 
motion from the third to the second class ; 54 for promotion from the 
second to the first ; and 108 for promotion from the first to the ad^'auced 
or exemplary class. Thus the minimum time in the third class is two 
mouths; in the second, six; and in the first, twelve. The time neces- 
sary to be ])assed in the advanced class before removal to Lusk is not a 
fixed period, but depends upon the length of the prisoner's sentence. 
With a five years' sentence, he must remain in this class fourteen 
months; with a fifteen years' sentence, he must remain five years and 
eight months; and with a sentence between these two extremes, a 
period varying with its length. I was surprised to learn that a majority 
of the convicts earn the maximum of marks, and of course secure their 
promotion from class to class, and finally their transfer to Lusk, within 
the minimum period. But hope has a quasi omnipotence. 

On the day of my visit to Spike Island, the number of prisoners was 
705, distributed as follows: advanced class, 320; first class, 200; 
second class, 101 ; third class, 81. The motive to strive for promotion 
is not only powerful, but it is constant, and constantly increasing in 
strength. The progress toward liberation is the great motive-power; 
but there are manifold inducements to exertion, self-denial, self-con- 
quest, and self-control besides this. With every advance, there is a 
lifting of restraint, an enlargement of privilege, an increase of gratuity, 
distinctive badges, better food, improved dress, greater liberty of 
action. The great effort is to induce the prisoner to become the chief 
agent in his own reformation. The authorities seem to feel that unless 
this is done, nothing is done. The result, as I learned it from the lips of 
manj^ prisoners Avith whom I conversed — all separate and apart from 
their officers — is that the entire prison population, with few exceiitions, 
are putting forth constant and vigorous effort to secure their promotion 
within the ujinimum time; that Lusk is ever in their thought and on 
their tongue; and that the hope of attaining that coveted goal, and a 
respectable position as honest laborers beyond it, keeps up heart in 
them, and produces alacrity at work and a constant fiow of good spirits. 

Tile men are nearl^^ all employed on jmblic works — quarrying and 
dressing stone and building docks. Their work is conJ^equently in the 



206 INTERNATIONAL PENITENTIARY CONGRESS. 

open air, and a bnsy set of fellows I found tliein. I never saw men 
either more industrious or more cheerful in their industry. They were 
doing quite as much as any free laborers outside would luiv^e dotie 
at the same kind of work, and a great deal more than the free laborers 
at that time employed on the island were doing. Still 1 would much 
rather have seen them at trades, with a free choice, among twenty or 
more, of which they would learn. 

Mr. Hays, the active and able governor, allows any and all prisoners 
to come to him in his oflSce at 6.30 a. m., with their burdens and griev- 
ances. From twelve to eighteen visit him in this way every day, and 
he allays their agitations and composes their difficulties. The effect, he 
informed me, is excellent. At 7 he holds a kind of court, at which the 
warders bring in their reports against any prisoners who may have been 
guilty, or who are by tliem regarded as having been guilty, of violating 
the prison rules. Of this class of cases he has some four or five every 
morning. He keeps a record of them in a book with the following- 
headings : J. Kegistered number of prisoner. 2. Name. 3. Date of 
report. 4. Nature of charge. . 5. By whom reported. 6. Summary of 
evidence. 7. Explanation offered by prisoner. 8. Decision of gov- 
ernor. 0. Date of decision. 

The punishments here are chiefly of a moral kind : loss of marks, for- 
feiture of gratuities, withdrawal of privileges, change of badge, degra- 
dation to a lower class, remanding to the cellular prison at Mountjoy^ 
to which may be added (as punishments occasionally employed) depri- 
vation of a meal, close confinement on bread and water, and even, in 
aggravated cases, the lasb, which, I trust, will soon be banished in 
■scvcK la Hoecu lor urn . 

The day I passed at Lusk was a day of mingled wonder and delight. 
This is the intermediate prison, so called because it holds a middle 
ground between an imprisonment strictly penal and the enjoyment of 
full liberty. The aim of the intermediate prison is twofold : first, to test 
the reality of the convict's refornuition, his power of self-government, 
his ability to withstand temptation ; and, secondly, to train him for a 
considerable period — never less than six months — under natural condi- 
tions, and so to prei)are him for full freedom on discharge by the enjoy- 
ment of partial fieedom as a preliminary step. Accordingly, the impris- 
onment here is little more than moral. 

I had known thisi)aitof the Irish convict-system, as I had the others, 
from books. My expectations regarding it were high, but they were 
more than met. Indeed, 1 have never elsewhere seen anything to com- 
pare with the results shown here. The intermediate prison which for- 
merly existed at Smitlifiehl, in the outskirts of Dublin, has been given 
np, and all intermediate ])risoncrs are now sent to Lusk. The number, 
on the day of my visit, was fifty-seven ; the usual number is a little in 
excess of that figure. 

Farm-work is the only industry from which income is received, and 
the cash revenue from this source, over and above the value of the pro- 
iluctsusedin tiie eslal)lishment, amounts (at least such is my under- 
standing ot the matter) to al)ont *!<), <>()(», which makes tin; institution 
well-nigh self-supporting. 'JMie larm contains nearly 200 acres. Prior 
to the estahlishnient of the piison, this land was a common, wild and 
uncultivated. The whole, of it has now bec^n subdued, and brought 
under suceessfiil and profitable tillage. The valine of the land has in- 
creased under the labor of the ]>risoners, from lO.s'. to £5 per acre. 
There is a large animal hay-crop gathered; wheat, oats, and barley 
are grown in consideialtle (immtities, but the princii)al products 



PERSONAL INSPECTION OF IRISH PRISONS. 207 

are potatoes, cabbages, turnips, celery, and other vegetables. It was 
the 14th of October when I was there, and the ])risoners were at 
work on various parts of the farm, digging esculents, hauling and 
spreading lime, and performing other kinds of farm-labor ; and a 
half dozen or more were engaged in the construction of a stone 
dwelling for the superintendent, in place of the iron hut which at 
that time served him for a residence. Everywhere they were as busy as 
bees, and, to all appearance, as happy. I never saw a brisker or more 
cheerful set of laborers. They accomplish fully as much work as an 
equal number of free hands. Indeed, the farmers of the neighborhood 
aver that they would be glad to get men who would work as well. For 
the most part they work in groups, and have a warder to overseer them, 
who is, however, at the same time, a fellow-laborer with them. But 
this is not always the case. Often they work alone, or in companies of 
tvYO or three, without any one in charge, on the most distant parts of 
the farm. As far as appears to the view, there is no more imprison- 
ment here than on any other farm. There are no walls, no bars, 
no bolts, no gratings, no apparent confinement of any kind. The doors 
of the iron tents which serve them as dormitories are locked at night, 
just as our own houses are when we retire. The only difference, as far as 
I could see, between this and any other large farm employing a great 
many hands, was that here a warder slept in a small room at the end of 
the large dormitory of the convicts. 

In the afternoon I walked about the farm, mingled freely with the 
convict laborers, and talked with quite a number of them entirely apart 
from the ofticers. Their uniform testimony, the truth of which was at- 
tested by their whole tone and bearing, was to this effect : That the hope 
held out to them of constantly bettering their condition by their own 
exertions was, throughout the whole course of their imprisonment, a 
powerful stimulus to good conduct, industry, and exactness in the dis- 
charge of all their duties; that the intermediate prison was the goal to- 
ward which they had been constantly aiming, the object of incessant desire 
and effort ; that at Lusk they never heard any ])lottiug of future crimes; 
that, on the contrary, all the talk of the men in that prison, when the time 
of their liberation was drawing nigh, was as to where they would go, 
what they would do, what wages they might be able to obtain, and how 
they could win honest bread and an honorable position; that a profane 
or obscene expression was scarcely ever heard there; and that if such a 
thing chanced to occur, as it sometimes did, it was instantly frowned 
down and put a stop to by the prisoners themselves. Yet thei'e is no 
restraint upon conversation at Lusk more than there is among the labor- 
ers on any large farm or other well-regulated industrial establishment. 
Lusk has now been nearly twenty years open for the reception and treat- 
ment of intermediate prisoners, with opportunities of evasion, such as 
no other prison in the world offers, and yet scarcely have a dozen at- 
tempts at escape been made. The whole vicinage was in terror at the 
announcement that a prison witliout walls or bolts was to be established 
on Lusk Common ; yet only one complaint, in all these years, has' been 
made against the prisoners who have found a home there. That hap- 
pened on thiswise: There is no chapel on Lusk farm, and the prisoners 
attend the parish church on Sunday in a body. On one occasion a pris- 
oner, in leaving the church at the close of the service, addressed a pass- 
ing remark to a young woinan at his side. There was no pretense that 
the word spoken was in itself an iminoper word. The coni[)laint was 
that he spoke to her. There is no (liacipihie at Lusk; no piuiishnieuts 
are administered there any more than on a farm or in a manufactHring 
establishment where free laborers are ein[(Ioyed. The prisoner was, 



208 INTERNATIONAL PENITENTIARY CONGRESS. 

therefore, sent back to Mouutjoy, from wliicli, after a montli's " separate 
and solitary coutiiienient," lie was restored to his place on the i)risoii- 
farm, and neither before nor since has complaint been made by any 
human being against the inmates of the intermediate establishment, a 
fact, to my mind, truly marvelous. 

During my visit, the entire prison population was called in from their 
work to allow me to see them in their school, and especially to witness 
one of those competitive examinations, conducted by the prisoners them- 
selves, which became so marked a feature of the intermediate prisons 
under the late i\[r. Organ. As the men came in, there was nobody in 
the room but myself, not a single officer being present ; yet so quietly 
did each prisoner enter, go to his own desk or table, take out his book 
and commence his studies, that, if my eyes had been closed, I should 
scarcely have snpposed that a half dozen persons were in the room; 
certainly I could not have dreamed that nearly sixty men had entered. 
Isot a word was spoken ; not a disorderly or even playful act was done; 
nor was there the least confusion or noise of any sort. Tlie men were 
arrayed in two long rows on either side of the room, and, under the. 
superintendence of the school-master, the two sides put questions alter- 
nately to each other. The exercise was an interesting one, but less so 
than I had anticipated. It had somewhat the appearance of being, as 
we say, "cut and dried." Mr. Organ is dead, and his successor, in the 
lecture department, has not yet been found. Speaking of Mr. Organ, 
who, for a dozen years or more, held the double office of superin- 
tendent of discharged convicts and lecturer to the intermediate prisons 
of Lusk and Smitlifleld, I cannot close my brief account of the visit 
made in 1871 to the convict-prisons of Ireland without citing a few sen- 
tences trom one of the last reports, if not indeed the very last, made by 
him before his lamented death. lie says : 

Crime is fast disapi)eariii<jj in Dublin. Old and habitual thieves are becominfj honest 
and industrious citizens, while homes, which have hitherto been tlie scenes of vice and 
poverty, are now replaced by those of morality and plenty. 

Employers continue to repose confidence in my men, and the demand for them has 
at times exceeded the snpi)ly. 

The moral tone of the institution is most satisfiictory. There is an entire absence 
of even the sli^fhtest tendency to immorality, wlietlier in word or act ; and should hy- 
pocrisy show itself in a new-comer, it is promptly detected, and as promply censured 
by the jtublic opinion of tlie men in the huts." 

I cannot speak too hi;;hly of the charnnng effects which farm-labor has produced, 
even upon t lie most slu^^yisli criminals, nor of its happy results on even the cool and cal- 
<nlatin^ adept in crime, on whose brow the honest drop of sweat had never before 
trickled. 

I am ready to stake my reputation on the fact, proved in innumerable instances, that 
the most indolent criminal can be trained to honest and iiulepenih^nt toil, not so mucli- 
tlii()n;;li fear or coercion, as tbiougb tlie inlluence of hope and cncouraiiemeut. 

Truly liusk is a magnificent triumph of reason and humainty over coer- 
cion and brute f<)r(;e — asph'ndul an(i irn'IVagaI)Ie tcstiiMoiiy to the sound- 
ness of till'. ])('iiitentiary system wliich the genius of Sir Walter Crofton 
lias given to the worhl. 

§ 2. Jumnilc rc/onuatoric.s of Jrchuvl. — Ireland is now well sujjplied 
with fills class of institutions, both Catholic and Protestant. Only one 
of tiicm, however, was vi.sited by me; and to that I shall conline my 
remarks, whi(!h, for the rest, will be V(M-y brief. 1 was accompanied by 
Mr. .Jolin Leiitaigne, the intelligent and amiable Inspectoi- of reforma- 
t4)ries for Ireland, and two other gentlenuMi, friends of his. The insti- 
tnlion visited is tin*, St. Kevin's reformatory, for the treatment of d<v 
lincpient (Catholic boys exclusively, and is the largest of the kiml in 

*Mr. Or;;nii refers lierc f o flie (wo iron tents at Liisk. erected at a cost of only |i3,0UU 
cacli of whicli is, nevertJicless, capalde of accommodating fifty convicts. 



PERSONAL INSPECTION OF PRISONS IN ENGLAND. 209 

Ireland, having an average of more than three hundred inmates. It is 
distant ten miles from Dublin, the road ascending nearly all the way, 
and at a pretty steep grade, as the reformatory is 1,800 feet above the 
level of the sea. It is situated at the head of a romantic and picturesque 
glen, called Glencree, or the Valley of the Heart. The name is most 
appropriate, as being significant of the spirit of love and kindness in 
which such institutions should be conducted. But, for all that, the 
place has not, in my judgment, been well chosen. The soil is of the 
worst possible description, the greater jiart of the one hundred acres 
rented for the use of the establishment being utterly irreclaimable and 
worthless ; and even on the forty or fifty acres that have been brought 
under tillage by the labor of the boys, little will grow except grass. 
The cold in winter is often intense and the storms terrific. It is but a 
few years ago that a juvenile convict, on his way to the reformatory, 
was frozen to death before reaching it. All supplies for the institution 
have to be hauled on carts or wagons ten miles up a mountain, and 
all manufactured articles, seeking a market, the same distance down it. 
Yet, despite all these disadvantages and drawbacks, the Glencree re- 
formatory is doing good work. Father Fox, born and reared in the 
Quaker faith, (and none the worse for that,) is at the head of it; and he 
impressed me as being — if I may be allowed a hackneyed but expressive 
phrase — pre-eminently " the right man in the right place." At all 
events, he and his indefatigable corps of assistants have shown them- 
selves greatly successful as regards the main purpose of their work. If 
the acres on which the boys are placed have proved, in large measure, 
irreclaimable, the case of the boys themselves has been quite different. 
[Ninety per cent, of these are reformed, and, on their liberation, become 
a constituent part of the industrious and honest yeomanry of the 
country. That tells the whole story more eloquently than I could ; and 
all further words may be spared. 



CHAPTER XXXI. 

PERSONAL INSPECTION OF PRISONS AND REFORMATORIES IN ENGLAND. 

§ 1. English x^risons. — In the course of my two visits to England I had 
opportunity to examine more or less thoroughly four convict-prisons 
and some ten or twelve county and borough jails. Compelled to study, 
in what remains of my report, a rigid economy of both time and space, I 
can give to these establishments only the most cursory notice — far less, 
indeed, than either their merits demand, or my own feelings would prompt. 
There is much in the English prisons and the English i^enitentiary 
system to be admired, commended, and imitated; but there are, also, as 
I conceive, things in them to be criticized and avoided; things, too, 
which belong to the very core and essence of a just and especially a re- 
formatory prison discipline. 

The prison buildings in England, as a rule, are substantial structures 
of stone or brick, on the radiating plan, well proportioned and pleasing 
to the eye,, with a lofty tower attached, for purposes of ventilation ; the 
grounds are handsomely laid out in parterres and gravelled walks, and 
many oi^them ornamented with flowers, vines, and shrubbery; halls, run- 
ning through the center of each wing, are lighted from the top, and the 
light is so disposed as to produce a soft and cheerful effect ; the ceils are 
spacious, airy, and well lighted, each having a water-closet, gas-burner, 
H. Ex. 185 14 



210 INTERNATIONAL PENITENTIARY CONGRESS. 

and bell-pull, Avith an iron card attached to it by a spring, wliich starts 
out from the wall on the ringing of the bell, and each is also provided with 
all needful furniture; the long galleries, tier above tier, impart a feeling 
of perfect adaptation to their special object, which is far from unpleas- 
ing; the chapels are generally of ample dimensions, of gothic architec- 
ture, with groined roofs, always neatly and sometimes beautifully 
arranged, and well suited to produce a solemn and soothing effect upon 
the prisoners ; an extraordinary cleanliness reigns throughout — in cells, 
corridors, offices, everywhere — and one is particularly struck with the 
brightness of the brass-fittings and the polish of the metal staii'-cases ; 
the hospital accommodations are excellent, the wards being well arranged 
for the treatment of diii'ereut classes of disease, and all the appointments 
adapted to the convenience, comfort, and cure of the patients ; the venti- 
lation, drainage, and all other sanitary arrangements are the best that 
science can supply ; the discipline is exact, and is rigidly enforced ; 
obedience is prompt, and order and decorum everywhere observed ; and 
there is a certain charm in the symmetry, harmony, and clock-like regu- 
larity of the whole, which takes away, at least from the first view, the 
awe and horror anticipated by the inexperienced observer. 

Such, in brief, and without any attempt to exhaust the attractions of 
the picture, is the bright side of the English prisons, whether convict, 
county, or borough. But, unhappily, there is a per contra. While the 
material efficiency of these prisons is certainly very high, the moral 
action seemed to me feeble. While the avowed end of all prison au- 
thorities — or nearly all — is "reformation,'' it appeared to me doubtful 
whether they fully appreciated what that work demands. The whole 
aim and instinct are for material efficiency. Hence — so it seemed to my 
apprehension — the shell is preferred to the kernel; the forms are made 
of more account than the substance. Hence, too, reformatory disci- 
pline is, to far too great an extent, made secondary to punitory inflic- 
tions. Consequently the men chosen for officers — though, as a class, 
superior, I freely adniit, to the same class among ns — are often not of 
the sort required for the work to be done. They are too artificial, keep 
the prisoners too much at arm's length, rely too exclusively on author- 
ity, have too little iaith in the susceptibility of criminals to reforma- 
tory agencies, and hence work but feebly— and, as a consequence, with 
little effect — to that end. In a word, they are not such — at least the 
greater ])art are not — as can subdue, control, and change the prisoners 
by moral influence. Though the governors are generally men of ability, 
character, and culture, all are not such. Some are unfit for their jiosts. 
There sliould tluux'forebesome means devised for testing the deserving 
among these and other officers; some mode adopted whereby rewards 
and jirelerments maybe given to the meritorious, and the unfit and un- 
woitliy remoAed from their ofiices. 

Too liLtl(! ac(!Ount, speaking generally, (there arc honorable excejv 
tions,) is iiuide in JOnglish ])risons of industrial and skilled Avork ; too 
much of wasted labor, in its many forms. Tread-mill, crank, shot- 
<lrill, stone breaking, and costly usages of that sort prevail, and the 
reaHOUH assigned for their use are a])t to be given in such (;atch-words 
as these: "Ancient jtrestige," " nothing to be learned from theorists,'' 
" practical men," " not presume to be wiser than our forefathers," 
"pro<luctive woik injurious to lionest outsiders," (Jtc. I am sorry to differ 
frorji some most ex(;ellent lOiiglisii friends, (tliougli, 1 am glad to add, 
sn[t{)ortcd by a host of ollieis.) I)ut I altogether disapprove of mere 
penal and unproductive, industry as irritating and brutalizing to pris- 
oners. 'Jhe infi'o(lucli<»n of tia<l<'s, as many as possible, cou]»led with 



PERSONAL INSPECTION OF ENGLISH PRISONS. 211 

longer sentences in the country and borough prisons, seems to me at 
the present moment a great want in England. Special prisons might, 
l)erhaps, be usefully employed for special trades. I should think it most 
desirable to multiply trades, so as to insure, as far as possible, that 
every prisoner should learn a way of getting his bread according to his 
turn ; and to this turn the aptitudes and tastes of individuals should be 
particularly studied. Some liberty of choice should be given in this 
matter, even to prisoners ; it would be a great step toward the restora- 
tion of their manhood. An incidental advantage of the multiplication 
of trades would be that it would tend to stop the mouth of those who 
complain of the competition of prison labor with free labor, though really 
there is scarcely enough in that argument to merit a refutation of any 
kind. Bat for its practical effect on prisons and prisoners, it might be 
given to the winds. 

Scholastic education in English prisons receives more or less atten- 
tion ; in the government or convict prisons, much care is given to it. 
But everywhere it needs a broader development, a higher activit3\ 

Twenty years ago boys were mixed with men in the English prisons, 
and came out old knaves, skilled, theoretically, in all the devices of 
practised villainy. This is no longer so. But the principle of pro- 
gressive classification, by which prisoners, on the ground of merit, are 
advanced from stage to stage, with constantly diminished restrictions 
and constantly enlarged privileges and comforts, is not widely applied 
in county and borough goals ; nor, indeed, can it be, until the principle 
of cumulative sentences is incorporated in the penal code. In the con- 
vict establishments, known as public- works prisons, progressive classi- 
fication exists ; but promotion is earned by industry alone, all other 
qualities and efforts being thrown out of the account ; a grave mistake, 
in my judgment ; though in part repaired by a forfeiture of marks for 
misconduct. 

Voluntary and unofficial visitation, for moral and reformatory ends, 
by competent and discreet persons, is not admitted in English prisons 
of any class. In this respect England has made progress backward in 
these later years. Even Latimer, in a sermon preached before Edward 
VI, lifted up his voice for this : " I would ye would resort to prisons," 
he exclaimed, " a commendable thing in a Christian realm. It is holy- 
day work to visit the prisoners." In Elizabeth's reign, Bernard Gilpin, 
not as chaplain, but as a volunteer worker, regularly visited all the jails 
that fell within the range of his missionary circuits in the northern 
counties. Very soon after the organization of the Christian Knowl- 
edge Society, in 1690, a ''committee of prisons" was appointed, who 
visited, exhorted, and distributed religious books to the prisoners of 
Newgate, Marshalsea, and other London prisons, and sent packages of 
their books to all the county jails in the kingdom. The members of the 
" Godly Club," embracing the Wesleys, Whitefield, and their most 
zealous followers, visited unofificialTy, preached, prayed, and distributed 
books and alms in all the prisons within their circuits, and continued 
the practice till compelled by the authorities to desist from this part of 
their labors. At a later day, John Howard, Elizabeth Fry, Sarah Mar- 
tin, and many other excellent men and women, less known to fame, but 
no less zealous or worthy, became volunteer visitors in prisons, to the 
abundant advantage of England and the world ; insomuch that England, 
to-day, may be fitly exhorted, in the words of the Hebrew prophet, to 
'' search for the old paths, and walk therein." I do not think that the clergy 
oughttobetheonly teachers of prisoners. Competent persons of both sexes 
should, under fit restrictions, be admitted, when they are willing, to share 
his work with them. Especially women — intelligent, discreet, aiid 



212 INTERNATIONAL PENITENTIARY CONGRESS. 

sweetlj-mauiiered womeu — should be eucouraged to visit prisons and 
to briug their magnetic influence to bear on the improvement and re- 
formation of the prisoners. 

Another defect in the penitentiary administration of England: the 
will-power of the prisoners is not adequately developed and invigorated. 
Fifty years' experience of men, fifty years' work among men, have im- 
pressed upon my mind only one idea. It is that nothing can be done 
with them except through the will. The will can be reached only through 
the intelligence and the heart. For this, first, religion, in all its freedom, 
purity, and i)ower, is necessary; and, secondly, in the case of prisoners, 
progressive classification, whereby the ordinary motives which control 
men in free society, and urge them to industry and virtue, may act 
steadily and eftectively upon these also, determining to good the choices 
of their will, and so the actions of their life. 

One further jioint in a way of criticism : I refer to the want of unity 
in the county and borough jail system. Every jail in J^^ngland is inde- 
pendent of every other. The little discrimination exercised in tbe 
treatment of prisoners struck me as a great defect. There seems only 
one medicine for all the diseases. Even in the employment of the 
tread-mill, on which no prisoner can be placed except by express author- 
ization of the medical officer of the prison, and where, therefore, uni- 
formity might be looked for if anywhere, the usages are exceedingly 
different. In some jails the working hours on this machine are six and 
a half per day; in others, eight and three-quarters. In some the 
velocity per minute is thirty-six steps ; in others, forty-eight. And the 
number of feet ascended daily varies from 7,800 to 21,000 ! In other 
departments of the administration the differences are no less. Now, I 
do not object to local government within reasonable limits; on the con- 
trary, I favor it strongly, believing it essential to a living, energetic, 
effective administration. At the same time I hold, with equal strength 
of conviction, that the penal system of a country should be a unit; that 
there should be, in each, some central authority, having, within due 
bounds, (for in this, as in other departments of the public service, 
there may be an excess of centralization,) the oversight and control of 
all institutions, whether of a penal or reformatory character, looking to 
the prevention and repression of crime. On this condition alone, it 
seems to me, can there be secured that skillful adaptation to each other 
of the several parts of the system which is necessary to the harmonious 
and efficient action of the whole. 

1 do not propose a description of particular i)risons, but will make a 
passing reference to one or two of them which offer favorable points. 
The Devenport prison, of which Mr. Edwards is governor, is one of 
these. It has an average of seventy i»risoners. The labor is chiefly 
industrial. From cocoa-nut fiber, costing £2 sterling per ton, the pris- 
oners manufacture textiles worth JC15. Tiio j)risoners work in associa- 
tion ; tlusre is no sepaiation, except at night. In four years there have 
been but two recommittals — a pretty strong ju'oof that industrial labor 
is not inferior to ])enal laboi- in deterrent effect. There has not been 
an indrmaiy cas<', in the last four years. 

The Waliclield ])rison, West ]viding, Yorkshire, is admirably organ- 
ized an<l managed by its energ(!tic governor, Captain Armytage. The 
encircling wall, which is of hewn stone, massive and lofty, incloses 
eigliteen acres of ground, wliicli are almost wholly covered with the 
numerous buildings belonging to fluj establislinuint. 'J'lie avi-rnge num- 
ber of prisonei's is about tw(jlve hnnd^(^(l, ol' whom nearly one sixth are 
womeji. The \\'ak(^rield jail is conspicuous among the [uisons of iOng- 



AID TO DISCHARGED PRISONERS. 213 

land for the zeal ami success with which industrial labor is carried on 
in it. In this respect it is quite a counterpart to our American prisons, 
presenting in every part a scene of busy toil. I believe it is n(3arly, it' 
not quite, self-sustaining", and I think it has no tread-mill ; but my notes 
are silent on both points, and ray recollection is not perfectly clear on 
either. The prison is built on the separate pUiu, which is carried out 
to a certain extent; but the exigencies of the labor system adopted have 
made great inroads u])on that principle. In effect, the prison is conducted 
much more upon the Auburn than the Philadelphia system. Numerous 
trades are carried on here, being required to meet the wants of so vast 
an establishment; but the only industry which brings in a money rev- 
enue is the manufacture of mats and matting. Of these the amount pro- 
duced is enormous. The chief market is the United States, particularly 
Xew York and San Francisco, the great carpet-house of the Messrs. 
Sloane, in the former of these cities, being purchasers to the extent of 
something like $25,000 annually. The prison has a cash capital of 
$100,000, all derived from the earnings of the prisoners. 

§ 2. Aid to discharged prisoners — the refiiges at WaJ,:eJi.eld. — Liberated 
prisoners in England are helped in their efforts to reform mainly by aid 
societies ; but two of the most interesting establishments in the world, 
instituted in this view, exist in connection with the Wakefield prison. 
One of these is a refuge for male prisoners discharged from the estab- 
lishment, and the other a home, similar in design and character, for the 
females. The chance here afforded, through these refuges or homes, to 
every released prisoner, male or female, who desires to reform and eat 
honest bread, is beyond all praise. In the male refuge, at the time of 
my visit in 1871, there were accommodations for forty inmates, but they 
could, at any time, be readily enlarged so as to admit a considerable 
number more. The inmates are furnished with good board ; clean and 
well-aired dormitories ; a bed consisting of iron bedstead, a first-quality 
hair-mattress, three sheets, two pillow-cases, two dark blankets, one 
white coverlet, and a box serving at once as a trunk and a seat ; a night- 
school every evening ; a preaching service and Sunday-school on the Sab- 
bath; a well-selected miscellaneous library; a reading-room, provided 
with daily and weekly journals, «&c., all at an average rate of 7s. 2d. 
sterling per capita a week. They work at mat-making, and their 
average weekly earnings are from eleven to twelve shillings. They 
do piece-work at rates a little less than those usually paid, because 
the refuge is not designed to afford permanent employment, but merely 
to bridge over the chasm between the prison and steady remunera- 
tive labor. This chance is given to every man released from the 
Wakefield prison who desires it, and its benefits are fully ex])lained to 
all during their incarceration, so that not a solitary person, discharged 
from that prison, can ever come back to it under the pretext that he 
could get no work to do. Is not that noble 1 Why may not ail large 
penal establishments organize something of the same kind ? 

The home for discharged female prisoners is managed upon the same 
general principles, but the women are not able to earn a full support. 
The income from their work has to be supplemented by private bene- 
factions. They are accommodated in a new and spacious mansion, built 
expressly for the purpose, admirably planned, and provided with all 
needful appointments. 

§ 3. Mrs. Meredith-s Wash-house. — Among the almost iuuumerable 
charities of London there is one of a very peculiar character, called 
the Prison Mission, which is as praiseworthy" as it is original. It was 
devised seven or eight years ago by the lady whose name stands in the 



214 INTERNATIONAL PENITENTIARY CONGRESS. 

captiou of tbis section, aud who is well known in England as one of the 
most energetic and efficient workers in behalf of discharged female 
prisoners in that conntry. The work of the mission is divided into 
four branches, of which two only will be noticed — aud that all too 
briefly — in this report. 

One of these aims is to assist aud save prisoners discharged from the 
London House of Correction for Women. The ladies of the mission have 
hired two small rooms near the gate of the prison, where some of them 
are in attendance every morning at the hour when those who have served 
out their time are discharged, to capture (if that word is admissible in 
a good sense) as many of the women who have been set free as they 
can persuade to try a better way of life. They give them a hot cup of 
tea, with a piece of bread aud cheese, read a portion of scripture aud 
offer prayer on their behalf, and explain to them their benevolent in- 
tentions and the advautages to be gained from yielding to their persua- 
sions. They succeed in their endeavors with a few of the multitude of 
wretched outcasts who daily emerge from those prison-walls. But 
what do they do with and for those whom they have won 1 They have 
established an immense laundry, where the clothing and bedding of the 
poorest and foulest dwellers in the crowded dens of London are washed 
by these liberated convicts at a cost considerably below what they could do 
it for themselves. Scores and hundreds of these poor creatures are lifted 
up and restored to the walks of honest industry through this unique 
an(J wonderful agency. The women come at 8 in the morning and leave 
at 7 in the evening, having an hour's intermission at raid-day. They 
bring their own dinners, but are provided with a free tea, aud receive a 
shilling a day for their work. Every afternoon, at 4, they are assem- 
bled in the chapel, when a chapter is read aud prayer offered ; and 
every Snuday evening, at 7 o'clock, a special service is held, to which 
all are invited ; the gospel is preached, and each is afforded, if she will 
accept, the refreshment of a cup of tea. What a noble charity ! It 
gives work to those whom none are willing to employ. It pays wages 
to those who are forbidden by many barriers to seek their livelihood 
elsewhere. It affords them the opportunity, while earning bread, to 
earn also an honest fame, aud to secure ultimately, which nearly all 
do, better work and higher pay. At the same time, it is a charity which 
has another aspect, scarcely less important or beneficent, in enabling the 
lowest class of the London poor to secure (;lean clothing and bedding at 
the cheapest possible rate — Gd. per dozen i)ie('es. 

The othoi' bianch of the ])rison mission-work, to which reference will 
here be made, is of a pri^veutive character. It aims to save the children 
of ci'iiiiiuals from the i)aths trodden by their parents. The ladies have 
estal)lished a village of cottages, each cottage containing accommoda- 
tions foi- ten children, who are ])laced under the care of an adoptive 
mother. Tills settlement is called " Princess Mary's Village," that lady, 
now the Duchess of Teck, having taken the Avork under lier especial 
l)atroiiag«'. At ])resent there are ten cottages clustering around a neat 
little church :in<l school-house. The intention is to enlarge the village 
as rti])idly as (;ii(;umstances will i)ermit, until the nund)er of cottages 
readies thirty, thus pr()\'iding for three Iiundred children. 
. § I. The, Cnrlhk Memorial Rcl'iujc for ^yom(m. — The assistan<;e given to 
liberated male jMisoiieis in lOngland is almost wholly through aid socie- 
ties. Mot so, however, with female inisoners. Indeed, societies would 
not, for them, meet (he necessities of the (^ase. It is far more diflicult 
for women than for men to obtain situations immediately on their re- 
lease from^piison. Conse(|uently they need to have ])rovi(led some 



AID TO DISCHARGED PRISONERS. 215 

place in wliich their good resolutions may be tested, aud some s'uarantee 
given for their continued good conduct, before families will be willing 
to receive them into permanent employment. Hence, those women who 
so elect, if their prison character has been such as to warrant the indul- 
gence, are allowed to pass the six months immediately preceding the 
term of their release in refuges established and managed by private ef- 
fortj but assisted by contributions from the government. Here they 
enjoy the advantages of a treatment approaching that of home influence, 
for those establishments are not prisons, either in appearance or dis- 
cipline — they are homes. There are now three refuges for female convicts, 
the Carlisle Memoral Kefuge, at Winchester ; the Eagle House Kefuge, 
at Hammersmith, for Eoman Catholics, and the Westminster Memorial 
Eefuge, lately established at Streatham. One hundred and seventeen 
women passed through these refuges in 1871 out of a total of two hun- 
dred and seventy-five who were discharged from sentences of penal 
servitude. The number availing themselves of the advantages they 
ofter has heretofore been limited, for want of accommodation ; but the 
establishment of the last-mentioned refuge at Streatham has prevented 
the possibility of their suffering this disadvantage again. 

Of these, the only one which I visited in the summer of 1871 was the 
Carlisle Memorial Kefuge, at W^inchester, at that time under the general 
direction of Sir Walter Crofton. I was much pleased with the institu- 
tion, which, from its reports and from what Sir Walter told me, has 
been very successful in saving from a return to crime the class for whom 
it is designed. The* superintendent. Miss Pumfrey, seemed admirably 
fitted for her place. Lady Crofton, 1 found, took an active interest in 
the refuge, spending three hours there daily in keeping the books and 
conducting the correspondence. The number of inmates was about sixty, 
which, I think, is not far from the average. Much pains is taken to 
keep track of the women after they leave the refuge. Here is a speci- 
men of the record kept of each : 

, discharged August. 9, 18!)7. Same date, Tveut as servant at 14 Queeu 

square, London. February, 1869, left with a good character, and went aa housemaid 
in Grove street. No. 104. January, 1870, went as housemaid in Birmingham. May 16, 

1870, doing well in same place. July, 1870, in same place; wages raised; visited by 
Miss Pnmfrey. November 25, 1870, doing well in same place. Same in January, 1871. 
Same in June and July, 1871, at which latter date she was receiving £18 a year. 

The sentiments cherished toward the refuge by those who have en- 
joyed and appreciated its advantages are well expressed in a letter ad- 
dressed to Miss Pumfrey by this same person, nnder date of June 6, 

1871. The original now lies before me, and I take from it the following 
sentences : 

Deak Mis.s PuMFiiKY : * " * Will you please write to me soon ? I 
do want to hear how you are, for I can nev^r forget you, dear Miss Pumfrey, never. 
You did say, please, miss, you would give me one of your portraits. Will you 
please send me one, if you have one to spare, so that I may place it beside dear Mrs. 
Bradstock ? How is that dear lady* aud family ? Hope they, with yourself, are 
well. May the Lord God Almighty ever bless you both for the many hearts you have 
saved and made happy from trouble. Dear Miss Pumfrey, how are all the women go- 
ing ou ? I hope they do not give you much trouble. Please remember me to those 
that know me, and tell them I am still quite happy, aud also tell them that the 
path of honesty, righteousness, and truth is the path that leads to happiness; and I 
pray that many, many more souls may be brought to Jesus — yea, that all may be 
brought to Jesus — as dear Mrs. Barton used to say, " one and all." " Him that cometh 
unto me I will in no wise cast out." Precious woixlsl Onward, homeward, upward, 
heavenward. Good-bye. God bless you. 
From vour humble friend. 



Referriufr to Ladv Crofton. 



216 INTERNATIONAL PENITENTIARY CONGRESS. 

§ 5. English reformatories. — These have l)eeii, both in their principles 
and Avorkiugs, so fully described in preceding parts of this report, that 
I do not think it necessary to enter into further detail upon the subject. 
A considerable number of them were visited in different parts of the 
kingdom, one or two of which I had intended to describe, particularly 
Miss Carpenter's Eed Lodge Girls' Eeformatory, at Bristol, a model in- 
stitution in all respects, especially in its intermediate dei^artment ; and 
the girls' reformatory, at Hampstead, London, under the care of Miss 
Mcoll, which, in neatness, thoroughness, order, and efiiciency, moral 
and material, struck me as one of the best-organized and best-managed 
institutions of the kind I had ever met with on either side of the At- 
lantic. But I forbear. 



CHAPTER XXXI L 

PERSO>^AJ^ INSPECTION OP- PRISONS AND REFORMATORIES IN SWITZ- 
ERLAND. 

§1. The priHons of Sicifzerland. — I visited five penitentiaries in Swit- 
zerland, viz, at Geneva, Berne, Zurich, Lenzbourg, and Xeufchatel. The 
tendency of public opinion in this little republic is strongly in the direc- 
tion of the Crofton prison system in its fundamental principle — that of 
progressive classification,, with gradual withdrawal of restraint and 
enlargement of privilege, as these are earned by industry, good con- 
duct, and manifest and successful effort on the part of the prisoner 
toward self-conquest and self-control. However, the first two of the 
penitentiaries named above — those at Geneva and Berne — are quite an 
exception to this rule. 1 shall attempt no description of them further 
than to say that they appeared to me deficient in most of the essential 
qualitiies of good prisons. Each of them may be pronounced a discredit 
to the city which i)rovides no more suitable plan for the treatment of 
its criminals, to whatever extent they may have offended against the 
laws. If, as I hope, the next international prison reform congress shall 
be held in Switzerland, it will become these two ancient and renowned 
cities to bestir themselves in the erection and organization of prisons 
more worthy of themselves and their country, and more in harmony with 
the progressive spirit of the age in the matter of penitentiary discipline. 

On the other hand, the penitentiaries of Zurich, Lenzbourg, and Xeuf- 
chatel which I visited, and, as I was informed, those of St. Gall, Bille- 
ville, Tessin, an(i perhaps some others, are in a satisfactory condition. 
Into all of them, I think, has been introduced, in different degrees and 
with various modifications, the progressive Crofton penitentiary system. 

The penitentiary at Zuricli is under the care of Mr. Wegmann as di- 
rector, who is a most excclh'ut i)orson, Avith advanced ideas, thoroughly 
devot(*<l to his work, and intent on iwipioving the mental and moral 
state of liis i)risoners. The ])rison bnihling is an old Dominician con- 
vent, of huge <limensions, l)nilt in the iniddU^ uges, massive and strong. 
It has been altered and a<'<'()mm()dated to its present) uses. Naturally it 
is irregular in structure ami arrangements; but it is well kept, clean 
and ))ure in eveiy part. The average number of inmates falls but little 
short of 2'>0; at the time of my visit ther(^ were 210. It is organized 
and conducte<l on the i)rogressivo i)lan. There are three classes. In 
the lowest class, there were 00 the day 1 was tliere; in the second, 128; 
and in tiie third, or highest, 12. Trisoners in the lowest class are in 
cellular confinement night and day ; those in the other two are in sepa- 
ration only iit iii^lit. The miiiimmn of cellular imprisonment is three 



PERSONAL INSPECTION OF SWLSS PRISONS. 217 

montlis ; the maximum, six months. Privileges are increased as they are 
earned. Ten to fifteen trades are carried on here. Prisoners who were 
artisans prior to their commitment work, when possible, at the trades 
which they had previously practised. Prisoners ignorant of a trade when 
committed are allowed to choose from among those practised in the prison 
the one they prefer. The prison has a chaplain, who devotes his whole 
time to the dnties of his office. This officer had died the week before my 
visit, and no successor had been appointed. The late incumbent acted as 
schoolmaster as well as chaplain ; but hereafter this office will be sep- 
arated from the chaplaihcy ; and the schoolmaster, like the chaplain, 
will give his whole strength to his own work, that of secular or scholastic 
instruction. 

The canton of Zurich has a new criminal code, of rare simplicity and 
excellence, the work, largely, of the distinguished Professor D'Orelli, 
in whose society and that of a few other cultivated gentlemen I had the 
honor to pass an evening, greatly to my jirofit as well as delight. 

The penitentiary of Leuzbourg, in the canton of Argovie, has been 
built within the last few years. It is admirably arranged in all respects, 
and j)rovided with every convenience and facility for the effective treat- 
ment of criminal men and women. Both its construction and organ- 
ization are due to the zeal and energy of the late president of the 
confederation, Mr. Welti, a gentleman of marked ability, wisdom, and 
philanthropy, whom I found at the executive office in the national cap- 
itol, and ready to receive visitors at 8 o'clock in tliG morning, earlier, I 
think, than any other ruler in the world. The director of the peniten- 
tiary is Mr. Victor Hiirlin, whose installation had but recently taken 
place. We were, therefore, shown through the establishment by the 
sub-director, who has been many years in office, and who impressed me 
as a man of great intelligence and efficiency. The prison I found, through- 
out, in excellent condition, and altogether an admirable institution. On 
the day of my visit, there were two hundred and three prisoners, of 
whom thirty-three Vv'cre women. It is managed on the Crofton system, 
with the inmates divided into three classes. The duration of cellular 
imprisonment here is quite elastic. It has a maximum, but no mini- 
mum limit. The maximum is a year, but within that period the director 
can transfer a prisoner from the separate to the associated stage when- 
ever he judges it expedient. Unlike Zurich, the number of prisoners 
in each of the three classes in the Lenzbourg penitentiary was nearly the 
same. The number of trades practised is twelve to fifteen, and the con- 
vict has the choice of which he will learn. . 

^At the penitentiary of Xeufchatel I passed several days as the 
-x^est of its director, Dr. Guillaume. I had opportunity to study 
it thoroughly, and I feel no hesitation in placing it among the 
model prisons of the world. Dr. Guillaume is a gentleman of great 
versatility of talent, high culture, boundless enthusiasm, and rare 
aptitudes for his calling. He has but one idea, one aim; and to that he 
bends all his strength with a sleepless and tireless devotion : it is to 
change the bad men committed to his care into good ones ; to receive 
criminals, and return them to society honest men. The average number 
of prisoners is about eighty, all men. Thtre are three kinds of sentence- 
Some of the inmates are sentenced to simple imprisonment, (these 
are called correctionals;) some to reclusion, (no English equivalent in the 
sense here used,) and some to travaux forces, (hard labor.)* Those under 

* By the introduction of tbis statement here it is not meant to be implied that these 
sentences are peculiar to Neufchiitel. The distinction is one in use in most of the coun- 
tries of continental Europe. 



218 INTERNATIONAL PENITENTIARY CONGRESS. 

the first-named sentence are misdemeanants ; those under the other two, 
felons. Nevertheless, in prison they all have much the same treatment. 
The number sentenced correctionally, as compared with those sentenced 
to reclusion and hard labor, is nearly as seveu to one ; but the number 
of correctionals actually in imson at any one time is but little more 
than half of the whole number of inmates. The reason is the compara- 
tive shortness of their sentences. These vary from a month to two 
years, but the average is only four months. 

The penitentiary treatment here has for its aim, as already stated, the 
moral reformation of the prisoner. This treatment is progressive, and 
the classification is similar in principle to that of the Crofton system. 
On their entrance the prisoners are placed in the lower or penal class. 
In this class cellular separation, day and night, is rigidly enforced. The 
prisoners are placed in cells bare of all ornament and having few articles 
of furniture, simply such as a due regard to health requires. In this 
class the prisoner receives only 5 per cent, of his earnings. He is not 
permitted to wear his beard nor to cultivate plants in his exercise-yard. 
He can have only such books as are selected for him and can corre- 
spond with his friends and receive their visits to but a very limited ex- 
tent, and only in cases where it is believed that these influences will be 
decidedly beneficial. The aim is to lead the criminal to turn the mental 
eye inward and to reflect upon the i^ast, so that he may better weigh 
the present and take care for the future. This self-introspection is thought 
indispensable to secure the sincere assent of the prisoner to the treatment 
of w^hich he is made the object. Isolation and the visits of the officers 
are found to greatly facilitate the salutary reflections which it is sought 
to induce in the prisoner's mind. These reflections have also a deterrent 
effect, for ail who have thus gone over their past lives have declared 
tliatjif they could at that moment have left the prison, it seemed to them 
that they would ever afterward have remembered the lesson thus re- 
ceived. Correctionals, sentenced to only a short imprisonment, do not 
get beyond this penal class, in which the discipline is intended to be of 
a deterrent character. Those who are sentenced to longer terms i)ass 
successively into the middle class and then into the superior. 

There is no fixed minimum or maximum for separate imprisonment ; 
its duration is in the discretion of the director. He liolds, however, at 
the end of each month, a conference with the chaplain, school-master, 
steward, and chief warder, for the i)urpose of distributing the marks 
to which each is entitled for the month, for good conduct, for industry, 
and for attention to lessons: signilics bad; 1, tolerable; 2, good: 3, 
very good. Tliemiixinnim of marks attainable in a month, it is thus seen, 
is 0, as in tli(^ (Jrolton system. These marl^s, as well as the amount of 
earnings ai)portioned to liim, are set <low]i in the moral account kept with 
each ))risoner. Tliey are also transcribed into the memorandum-book of 
the ])risoner, who is thus ke])t constantly informed of the judgment 
fomcd by llic, j)rison authorities of hisconduct. The proportion of earnings 
accorded to prisoners in the middle class is from 5 to lli per cent. ; in 
the sup(;rioi-, from J 2 to 20. In these two classes they receive a larger 
percentage of earnings in ])ro])ortion as the aggregate is greater ; never- 
theless, tiie eon<ln(tt of tlie ]>rii«)ner and the <legree of attention given to 
his lessons lia\(' their effect, in diminishing or increasing the amount. 
Promotion from <»n(^ class to another is determined by the prisoner's 
character, his ante(;<'dents, and the lengtli of his sentence. 

At the dat(! of my visit. — not counting correctionals sentenced to a 
short imi)ris()nment — there Mcrci in the ])enal class '.M ; in the middle, 
1'J; in tiie superior, 14. Among tliose; in the superior class were a 



PENITENTIARY OF NEUCHATEL. 219 

imniber who had beeu in the prison ten, twelve, fifteen years, and who 
wouUl have been free, if the i)rinciple of provisional liberation had beeu 
introduced into Switzerland. ]t is believed that this principle will soon 
have place in the Swiss legislation. 

With a view to gaining the will of the prisoner to the system of dis- 
cipline to which he is to be subjected, this system is explained to him 
as soon as he enters the penitentiary. His antecedents are made the 
object of a careful but kindly examination. He is aided by suitable 
suggestions in his endeavor to search into the causes which led him 
into crime. Each case becomes the subject of a serious inquest, and 
confidential information is souglit from respectable persons by means 
of some such letter as this : 

Siu: , of , aged , has just been committed to the peniten- 
tiary of Neufchatcl, to undergo there an imprisonment of years. For the purpose 

of being able to direct his penitentiary education with some chances of success, we 
desire to obtain exact information concerning his fiimily and the associations in which 
he has lived: concerning his education, his religions and scholastic knowledge, his ap- 
prenticeship, his occupation, his means of living, his character and moral habits ; in a 
word, concerning all the points which might guide us in our task and enlighten us as 
to the causes which have conducted him into the pathway of crime. Knowing the 
interest you take in the unfortunate, we venture to send you the accompanying 
formula, which we ask you to return to us after having answered, confidentially, thu 
([uestions contained in it. Thanking you in advance, we are, &c., 

[Signed by the director and chaplain of the penitentiary.]" 



* A formula is iiiclosed in this letter headed, " Confidential informations." Each 
page is ruled in two columns — the left containing jninted questions, the right being- 
blank to receive the answers. I print them solid, to economize space, and in a note, 
to a.void breaking the continuity of the text: 1. Name and surname of the prisoner? 
2. Date of birth 1 3. Place of nativity '/ 4. Legitimate or illegitimate? .5. An orjihan? 
By loss of both p.areuts? Of father ? Of mother? G. Since what age? 7. What 
was his education up to the time of entering the primary school? 8. Did ho live 
at home ? 9. Or was he placed at board? With whom and where? By whom? 
10. How many years did he attend school? 11. In what place ? 12. Was he studious ? 
Did he show a taste for study or was he idle, indift'erent, &c.'! V-i. At what age did 
he quit school? 14. W^hat degree of learning had he when he ceased going to school? 
15. Has he attended night-schools ? 16. At Avhat age did he pursue the course of 
religious instruction and ratify the vow of his baptism ? 17. Have you noticed any- 
thing special in the character of this catechumen ? 18. Has he undergone an appi'en- 
ticeship '? 19. What and with whom? 20. Did. his master set him a good example? 
21. What was the duration of his apprenticeship 1 22. What company has he fre- 
quented ? 23. After his first communion was he seen in the wf/t's making himself 
merry with Wine? 24. Was he fond of gaming? 25. Has he traveled? In what 
countries? For how many years ? 26. Has he served in foreign armies? 27. What 
was then his reputation ? Was he a debauchee ? 28. Are his parents still living ? 
29. What were their means of living ? 30. Have they beeu convicted of crime? 31. 
Did his grandparents live in the family ? 32. How manj' brothers has he ? How 
many sisters? 33. By a first marriage? A second? A third? 34. How old are 
they? 35. What are their means of living? 36. Have any of them been in prison ? 
.37. Have they a guardian ? Does he do his duty by them ? 38. Do you know of the 
existence of mental or physical maladies (insanity, e))ilepsy, &c.) in his family? 39. 
Is he married? 40. At what age did he marry ? 41. Did he have the means of sup- 
porting a family ? 42. Wliat is the moral character of his wife ? 43. Have they chil- 
dren ? 44. How many? 45. Has their education been neglected? 46. Has it Ijcen a 
happy marriage? If not, to whom and to what do you trace the pause? 47. Have 
their children already been brought before the courts ? 48. Was the prisoner orderly 
in his habits? 49. Was he industrious? 50. How much did he earn a day? 51. Is 
lie a drunkard ? A gambler? A debauchee? ,52. Has he illegitimate children? 53. 
To what cause do you ascribe his misconduct and the crime he has connuitted? 
54. Has he had troubles ? Has death sundered the ties of family '! Has he expe- 
rienced reverses ? 55. Has he relatives? Uncles? Aunts? What are their moral 
character and their social position ? 56. Has the commune aided him, his relatives, or 
his family ? 57. Who takes care of his family, now that he is in prison ? 58. Might 
the prisoner, on his liberation, return to his previous aViode, or would it be better that 
he chcange his associations ? 



220 INTERNATIONAL PENITENTIARY CONGRESS. 

Even in this small i>risoii, vritli an averag'e of only eighty inmates^ 
from fifteen to twenty different industries are carried on, including 
shoemakingf, tailorinj^, carpentery, smithery, coopering, turning, lithog- 
raphy, watch-making, book-binding, basket-making, brush-making, gar- 
dening, &c. Every prisoner, not already master of a trade on his en- 
trance, is allowed free choice of any of those pursued in the prison. 
The foremen work with the prisoners precisely as a boss mechanic works 
with his apprentices. There are never more than four workmen in a 
shop, but others are often working at the same trade in cells, who are 
instructed and supervised by the same foreman. While he is attending 
to them, the prisoners in the common shop are left alone, but they are 
as diligent in his absence as when he is present. In a great work-shop, 
where the keeper is always on an elevated platform, with no other occu- 
pation than that of overseeing a number of men working in silence, it 
is impossible for him to give the good example of industrious labor 
himself. Such a system is believed by Dr. Guillaume to be as perni- 
cious for the prison employe as it is for the prisoners. For this reason 
he gives the preference to the system which approaches nearest to that 
of the free work-shop, and it is on this account also that thf law of 
.silence does not exist in the penitentiary of Xeufchjitel. The same usage is 
found in the penitentiary of Baleville, the rule of silence not being en- 
forced there. This relaxation is upon the ground (the director of that 
prison says) that the liberty of talking openly, ^\ithin fitting — that 
is to say, moderate — limits, makes the prisoners more frank and sin- 
cere, since it frees them from the necessity of resorting to devices 
for the purpose of communicating with each other. In the other 
Swiss penitentiary establishments the rule of silence exists. But Dr. 
(Tuillaume insists, and, indeed, it is well known to all conversant with 
the subject, that prisoners find a certain charm in breaking this rule, 
and that they succeed in doing so oidy too often. It is for that reason 
that he does not attempt its enforcement in his establishment. He 
holds that it is artificial, that it is consequentl}'^ irrational, and fur- 
ther that it is little adai)ted to the training process to which prisoners, 
if they are to be reformed, must be subjected after the penal stage. In 
his own i)rison, where the foreman (who is a prison officer) works with 
the convict laborers, and every one is bnsy, there is very little conver- 
sation, and what is said relates to the work. At the ten-minute recesses, 
at 10 and -i o'clock, conv(n-sation, directed and maintained within the 
limits of i)roi)riety and self-res[)ect by the foreman, is found, instead of 
being huilful, to liave an excellent elfect. Eor the most |)art it turns 
upon the subject of the last school-lesson, tlie mathematical problem 
given out to be solved, or the conference of Sunday, at which the, em- 
ployc'is, as well as tlie ])risoners, are re(piired to be present. The pres- 
<^n(;e of the foreman is considered by Dr. (hiilhiume necessary, in order 
that, through his moral ascendency, the conversation may not degen- 
erati; into grossness and obscenity. So far, on a three years' trial, the 
authorities have only had ocjcasion to congratulate themselves on the 
lesults of this system, which seems to be in accordance with the inward 
and essential nature of man. 

Labor in association is restricted to tlie prisoners in the middle and 
snperior classes, and is atrcorded to llifin. only wIkmi tiie accommodations 
and tlic kind of indnsti'y pf^rmit. Many icMnain in their cellseven after 
having Ix'cn pioiiioted to the. higluM' classes. The lack of suitable 
;u'(;omino(iations prevents their introductif)n into the workshop, and de- 
]irives of its greater freedom and ]>rivilege, many who have shown them- 
selves wortiiv of sneh indulgence. Such relative libertv Dr. (iiuillaume 



PENITENTIARY OF NEUCHATEL. 221 

considers ii necessity in this stage of penitentiary discipline. This incon- 
venience woukl disappear if there were three prison buiklings— one for 
each class — in which the arrangements were adapted to the end in view, 
and to the necessities of each of these successive stages. The prisoners in 
passing from one establishment to another would seethe progress made 
toward their liberation. Under the same roof it is diiiicult to establish 
and to make sensible the distinction between the two higher x)eniten- 
tentiary classes. For this reason Dr. Guillaume is a partisan of the 
Crofton system in its strictness. 

As regards discipline, no corporal punishments are allowed. The 
punishment-cell and a diet of bread and water are authorized by law, 
but they are now never employed. Deprivation of work in an ordinary 
but empty cell is the severest disciplinary punishment at present in 
use. Ennui is found an effective means for conquering the most obsti- 
nate, especially if they have been treated with kindness and Justice. 
The punishment-cell, it has been found, often makes martyrs, and it is not 
well to make martyrs in a penitentiary any more than in politics and re- 
ligion. For an officer to lose his temper and speak with anger to a prisoner 
who has been guilty of a breach of discipline, is to approach the lower 
moral level of the prisoner himself, and to give him reason to believe that 
he has not deserved so rigorous a treatment. For this reason Dr. Guil- 
laume makes it a rule to treat prisoners as the insane are treated, 
whose ill-conduct never provokes the wrath of the physician, but rather 
his compassion. He makes them feel, by words calm and self-restrained, 
that he is pained to perceive that they do not know how to govern them- 
selves, and that they have not j'et attained that self-control, that mas- 
tery of their thoughts and acts, that dignity, in a word, which belong 
to men who respect themselves. This mode of treatment, employed 
with tact and a skillful adaptation to each i)risoner's special character, 
has shown itself effectual. It requires more patience, greater effort, and 
a longer time, than the expeditious punishments of the lash, the douche 
bath, the dungeon, and other similar inflictions; but the most recal- 
citrant yield to it in the end; and — -a material consideration — without 
any waste of the prisoner's inward moral forces, but rather a toning up 
and strengthening of his entire moral being. 

With a view of having a number of moral punishments, there have be\}n 
introduced into the penitentiary of Neufchatel a number of moral re- 
wards and encouragements. The withdrawal of these latter constitutes 
a punishment far more sensibly felt, and therefore far more efficacious, 
than the rigors of the old regime. It would be difficult, if not impos- 
sible, to enumerate all the rewards held out to win back the prisoners to 
virtue's paths, for they are often suggested by special tastes and desires, 
which take on an endless diversity of forms, tiome of them, however, 
may be named, which will serve to giv^e an idea of their variety. They 
are : 1. Promotion, speedy if deserved, from class to class. 2. 
The privilege of apprenticeship to an interesting trade, such as lith- 
ography, book-binding, or any other that may be preferred. 3. Increase 
of the proportion of earnings. 4. Permission to use a part of these in 
the purchase of books, popular illustrated journals, scientific and lit- 
' erary, engravings to adorn their cells, and tools wherewith to occupy 
themselves in their own time. 5. Permission to wear a watch, or have 
a thermometer. G. Permission to wear their beard. 7. Permission to 
cultivate flowers and vegetables in the little garden of their exercise- 
yards, and, by consequence, to have flowers in their cells, and oil and 
vinegar for salad. 8. Permission to receive the visits of their relatives 
in the office of the director, and not in the prisoners" conversation-room. 



222 INTERNATIONAL PENITENTIARY CONGRESS. 

9. More frequeut leave to write letters to their friends. 10. Perinission 
to purchase articles of clothing, for example, cravats, to wear on Sun- 
day. (Under this head Dr. Guillaume expressed a hope that the time 
might come when the superior class should have, on Sunday, a special 
suit of clothes, including leather shoes — clogs only being now i^ermitted 
by the rules — thereby contributing not only to their comfort, but to their 
self-respect and personal dignity.) 11. Permission to learn to play on 
the zitliare, a small musical instrument, of thirty cords, making so little 
noise that it is scarcely heard in the adjoining cells. 12. The privilege 
oi" choosing books for themselves out of the prison library. 13. To draw, 
(especially to make mathematical drawings.) 14. To read the technical 
journals taken by the administration. 15. Admission to positions of 
trust ; for instance, in the distribution of meals, in the bureau, and in 
other services of the house, as temporary aids. IG. Permission to super- 
intend the apprenticeship of fellow-prisoners in the middle class. 

Long and noble as this catalogue is, a grave omission is observable 
in it. 

Abbreviation of the term of imprisonment is nof among the incen- 
tives held out to the prisoners of theNeufchatel penitentiary to (piicken 
their endeavors toward a better life. Yet nothing is so sweet to the 
human mind, nothing is so much coveted by it, as liberty ; and nothings 
therefore, presents so i^owerfal a motive to exertion as .the hope of 
shortening the period of captivity, if only for a few days ; how much 
more when the term is months, or even years. Dr. Guillaume is quite 
sensible of this, and hopes, as all must, that Switzerland will not have 
to wait long for this great step in prison reform. 

Among the encouragements there is also one (not set down in the 
above enumeration) which I cannot approve, and which will not be ap- 
proved by my countrymen ; but it is in accordance with European 
(continental) sentiment and usage. It is permission to occupy Sunday 
afternoon in small industries on their own account, such as embroidery, 
(broderie,) the coloring of engravings, the manufacture of little wooden 
baskets, ^c. This is contrary to American and English ideas of the 
sanctity of the Sabbath; and we think we draw our ideas from the 
word of God, which we regard as the ultimate standard of faith and 
morals. 

The withholding of the rewards and favors accorded to prisoners are 
the i)unishments employed when the private exhortations of the director 
pro<luce no result. Admonition, kindly exhortation, the appeal to honor 
and manhood, are the first jninishments, if that is not in this case a mis- 
nomer, and they are sufficient in a great number of cases. If there is a 
repetition of transgression, the withdrawal of a reward follows, and that 
is chosen whose loss will be most sensibly felt by the prisoner. Here in- 
divi(hiali/ation, as a matter of course, comes in. If the prisoner shows 
hlnisclf submissive, if lie ieels that he is justly punished, and if he con- 
ducts himself in an exemplary manner for some time, the punishment 
(biases, and lie again enters into the possession of the forfeited privilege. 

Permission to wear the beard is a privilege greatly prized. Uence, 
the jjunishnicnt which coiisists in a removal of this token of manhood is 
])roj)ortioiially (headed. Tlie simple threat to cause a ])risoner to be 
shaved for an ofli'tise is, in inaiiy cases, enough to ])revent a repetition 
of it. ()th(!rs arc less sensitiv(i on this point. It is necessary to indi- 
vidualize, and not — such is the opinion of Dr. (luillaiime — humUiate^Uw 
])rison<'r. Thepuiiislimcntslioiild in noease wound his si^If-respect, which 
he never wholly loses, though at limes it sinks to a very low plane. 
This sentiment rises in the prisoner in pro[)ortion to the esteem whieh'is. 



PENITENTIARY OF NEUCHATEL. ' 223 

shown bim ; and it is, above all, when called npon to i)unisli him, that we 
should never forget that lie is a man, our brother. In making him feel 
this, he will comprehend his own responsibility, and a feeling of shame 
will be awakened in his breast. This sentiment is feeble at first, but it 
grows and strengthens in jiroportion as the work of reformation advances. 
It is this vital fact which explains why, in the penitentiary of Neufchatel, 
there is neither corporal punishment, nor chains, nor prison garb, nor 
gens d'arms, nor armed or even uniformed oflicials. The constant en- 
deavor is to place the prisoners in conditions similar to those which are 
found in respectable mechanics' families, where labor, order, economy, 
and intellectual recreations are held in esteem. 

An effective school is maintained in the prison, on one of whose ses- 
sions it was my pleasure to attend. It is divided into three classes, and, 
so far, is upon the model of the ordinary primary schools of the country. 
The average attendance for the year has been, in the lowest class, ten : 
in the middle, thirteen ; in the highest, lifteen. All the other prisoners 
receive lessons in their cells. A schoolmaster devotes his whole time 
to the work of instruction. Admission to the school is made a recom- 
pense of good conduct, and is found to be a strong stimulus to such con- 
duct. To all such, admission is an occasion of rejoicing and a source of 
satisfaction. A withdrawal of its privileges, for ever so short a time, is 
felt as a punishment. On entering the school, a written examination 
takes place, and this is repeated at the end of each month. The pupils 
are classilied by its results. The order of the examination is as follows : 
1. Date. 2. Name of prisoner. 3. An. exercise in reading. 4. Solution 
of a pi'oblem in arithmetic, o. Geography, questions and answers. 6. 
History, same. 7. Composition, on a subject assigned or freely selected. 
S. Dictation of several sentences. 

The branches taught are reading, writing, arithmetic, geography, his- 
tory, and the natural sciences. Each lesson begins with the reading of 
a piece selected from a school-book used in the i)ublic schools of the 
country. The piece to be read is announced at a previous school session, 
so that the i)upils may prepare themselves to ask the schoolmaster ques- 
tions on the subject to which it relates. He solves their difflculties, and 
adds such comments as he deems fit. He then gives oral lessons in geogra- 
phy, history, &c. — lessons which have been suggested by the piece read, or 
the questions asked. The endeavor is alwa^^s, as much as possible, to 
give the* practical side of things, so as the better to awaken the interest 
of the learners. The problems given in arithmetic and geometry are 
invariably such as admit of an immediate application. 

As soon as they have arrived at the point where they are able to do 
so, the pupils are expected to keep a journal, in which, among other 
records, they give a summary of the leSson of each day, and some of 
these abridged statements are read at every school session. I was 
greatly interested in the compositions of this kind which were read on 
the day of my visit, all of which were on the subject of glass, giving an 
account of its elements, manufacture, uses, history-, &c., &c. They gave 
token both of the thorough manner in which the teacher had imparted 
his instructions, and of the close attention with which they had been 
listened to by his convict scholars. 

On every Sunday morning, the hour Immediately preceding divine 
service is devoted to a lecture by the director on whatever subject he 
may choose to address his audience, which is composed of all the em- 
ployes and jirisoners of the establishment. His range of topics is wide^ 
including biographies of celebrated men sprung from the ranks of the 
people, (Benjamin Franklin, John Bright,) philanthropists, (John How- 



224 INTERIsATIONAL PENITENTIARY CONCxRESS. 

arcl, Florence Xiglitingale,) striking events of the day, (the arbitration 
at Geneva,) new inventions and discoveries, (the electric telegraph, the 
microscope, the mowing-machine,) questions of a literary or scientific 
character, geography, history, astromomy; everything, in short, which 
constitutes a human interest or contributes to human progress. Before 
the lecture commences. Dr. Guillaume is accustomed, for a few moments, 
to pass in review the general conduct of the prisoners, and to give them 
his thoughts on lying, on idleness, on want of cleanliness, on indifterence, 
on levity of character, ou impoliteness, on thoughtlessness, on inatten- 
tion to order, or some other of the numerous points embraced under the 
general designation of minor morals. In the afternoon of Sunday the 
prisoners are required to write compositions, either on the subject of 
the morning's lecture or on some other topic given out in class. As 
further subjects of composition, there are distributed copies of some 
engraving-^" Our Father w^hich art in Heaven," or some other; and 
they may then exercise themselves in a description of the engraving, 
and in expressing their sentiments on what it represents. These com- 
positions are compared, their relative merits weighed, and the best of them 
selected for insertion in a little autographic journal, of which some account 
must now be given. This is a paper under the title of Travaux d'Bcole, 
{School- Woric,) edited and published in the penitentiary every fortnight. 
Each number occupies four pages of square letter-paper, (large size,) 
and is illustrated by one or several pictures, the whole lithographed by 
the prisoners. It contains compositions, puzzles, arithmetical i^roblems 
and their solutions, &c., mostly by the convicts, moral and instructive 
sentences, selected from eminent authors, and a variety of other matters. 
One needs but to glance at a few numbers of this unique journal to sat- 
isfy himself that the educative and reformatory power embodied in it 
must be great indeed. 

As a still further encouragement to diligence in learning, there are 
distributed at the end of every month, after the customary ex.amination, 
engravings, books, crayons, &c., to those who have distinguished them-, 
selves. 

Each class has an hour in school daily, and those who are in cellular 
confinement receive also the daily visit of the teacher. This is especially 
the case with the new-comers and the abecedarians. These last are not 
admitted into class till they are able to follow readily the reading which 
takes place there. 

Tiie i)enitentiary has a library of nearly 500 volumes. The school- 
master has charge of it and superintends the exchange of books. But 
it is his duty not to i)ormit an exchange till he has satisfied himself that 
the applicant has really read the book he is returning, and has profited 
by it. The prisoner who wishes- to be sure of receiving a new book 
writes in his journal a resume of hifi reading, and copies the passages 
which have most interested him by their sentiments or their style. In 
this manner the mon; zealous come at liMigth lo find themselves in posses- 
sion of a collcclioii of maxims, sentences, i)ithy sayings, proverbs, and the 
like, drawn from Hie authois wlioin they have read. 

In the visits which J)r. (iiiillaume is accustomed frequently to make 
to the school room, he takes occasion to ask one and another what book 
he is reading at tin; time, and he requin's the prisoner so interrogated to 
give him some account of it. This suggests reilections on the manner of 
reading books so as to derive the greatest advantage from them ; and 
the observations addressed to one become i)iolitable to all. 

The journal is not, strictly speaking, obligatory ; but all know that to 
have one is to conform lo Hie director's desire. It is simply a copy-book. 



THE PENITENTIARY OF NEUCHAtEL. 225 

in wliicli the prisoner sets clown each day what be has done, and the re- 
flections suggested by his reading, his lessons, &c.; also his observations 
on the weather and the periodic phenomena of the plants in his garden, 
on the trees of the neighboring forest, the birds which he hears sing, the 
visits made to him, the letters received or sent, the sermon of Sunday, 
the visitors seen in the chapel, &c., &c. 

The schoolmaster is reqnired to submit to the director a monthly re- 
port of the condition of the school and the progress of the scholars. 
One of these, in manuscript, was placed in my hands, and now lies be- 
fore me. It is a curious and instructive record. Eleven prisoners had 
been admitted to the school during the month. The result of their in- 
itial examination showed that one only had a tolerable primary educa- 
tion ; the other ten, bad, reading and writing with difficulty. Nine had 
left the school, their term of sentence having expired. Of these, the 
'primary education of two -was good ; of two, tolerable ; of five, bad. The 
two noted as good had been four months in attendance ; the others were 
short-term prisoners, correctionals. The distribution of the school into 
classes was : In the inferior, 18; in the middle, 18 ; in the superior, 11; 
total, 47. The number of weekly lessons given to each class was 6 ; total, 
18. The course of study for the month liad included, in geography, the 
principal mountains, valleys, rivers, and lakes of Switzerland, its differ- 
ent cantons and capitals, the products of its soil and industry ; in 
Swiss history, the leading events of the fourteenth and sixteenth centu- 
ries; in inventions, the telegraph; in arithmetic, numerous practical 
problems, with the bearing of eacli, and exercises in class. The master 
further reports that he has examined the summaries made by the pris- 
oners of the contents of the books read by them during each week, and 
that the result of the usual monthly examination had been, upon the 
whole, satisfactory. The subjects of .the pieces read in class, and of the 
compositions written on them, are reported as glass, porcelain, clothing, 
mountain birds, the cork-tree, consumption of alcoholic drinks in Eng- 
land and the canton of Berne, statistics of intemperance and consider- 
ations upon it ; petroleum, and the quantity exported from America ; 
different systems of lighting, &c., &c. Thirty hours are reported as 
having been devoted to giving lessons in the cells. He puts down as 
the subjects of Dr. Guillaume's Sunday lectures for the month : August 
4, An account of his voyage from NeufchTitel to England in a geograph- 
ical point of view, means of communication by railway and steamer ; 
August 11, Interesting fragments from Macaulay's History ; August 
18, Miss Mary Carpenter and her labors ; August 25, Climates, with a 
picture showing the plants and animals of the different zones. The re- 
jiort embraces other points which I omit, and closes with a hearty 
tribute to the diligence, zeal, interest, and good conduct of his convict 
pupils. 

I was anxious to ascertain whether the public opinion of the prison 
could be so developed and directed that it might be made to react ef- 
fectively upon the prisoners as one of the governing forces of the estab- 
lishment. On this point I interrogated Dr. Guillaume closely, and his 
account of the matter was substantially as follows : He conceives that 
such as are the employes, such will be the prisoners ; that if the former 
comprehend their mission, possess the necessary tact, and make them- 
selves respected by their conduct and their conscientious industry, (for 
they are required to work no less than the prisoners,) the latter will imi- 
tate them in well-doing, and all will contribute and unite their influence 
in maintaining the order and discipline of the establishment. Conse- 
quently, his first care is directed to the officers. To develop their inter- 
H. Ex. 185 15 



226 INTEKNATIONAL PENITENTIARY CONGRESS. 

est in the work, he holds frequent reunions of the foremen and other 
employes, and gives them familiar lectures, or, as he styles them, confer- 
ences^ on the history of penitentiary reform, on the various systems em- 
ployed to effect the reformation of criminals, and on the duties of per- 
sons charged with so high and responsible a function. These conferences 
have for object the familiarizing of the employes with the service, and 
especially with the spirit which has dictated its rules and regulations. 
In making apparent to their apprehension how great and noble is the 
mission of laboring for the reformation and future well-being of their 
fallen brethren, the employes, if they have the necessary aptitudes, be- 
gin to comprehend how important is the part which they are called to 
play, and by degrees they come to realize the dignity of being respon- 
sible agents, and to feel a pride in their work. They no longer look 
upon themselves as mere turnkeys and jailers, but rather as guides, 
teachers, trainers, who must, above all, preach by their example. They* 
have, severally, at heart the good order and discipline of their ward — 
that is, of the prisoners who are placed under their special care. Emu- 
lation develops itself among them, and they seek to rival each other in 
zeal for order, decorum, good manners, politeness, industry, &c. Each 
one is anxious to have the cleanest and most orderly ward, and the best 
arranged, best kept, most industrious, and most successful workshop. 

As regards the penitentiary public, this esprit de corps makes itself 
equally felt, insomuch that it produces in all the employes a desire to 
maintain the good repute of the establishment. The penitentiary is for 
them their family. 

At the last industrial exhibition in the canton the penitentiary coopers 
obtained a medal, and the gardeners a prize, since which time there haa 
been established a traditional reputation, which will doubtless be main- 
tained, for the prisoners have become imitators of the keepers in their 
esprit de corps. On the occasion of the exhibition, the prisoners were 
anxious to prove to the public that they knew how to work, and that in 
due time they would be worthy to re-enter society. The press, on tins oc- 
casion, indulged in a variety of criticisms, but the public showed itself 
favorable to the introduction of industrial occupations into the prison, 
and the admission of the products of prison labor to this general expo- 
sition of agricultural and mechanical industry. 

Owing to the sagacious and comprehensive combinations of Dr. Guil- 
laume, as explained above, the public oi)inion of the prisoners is such that 
it exercises a strong power of control over them. Often, by their remon- 
strances and tlicir inlluence, they repress the evil thoughts whicli occa- 
sionally show tliiMiiselves in one or another of their comrades. Among 
the motives impelling them to act in so i)raiseworthy a manner is the 
fear of forfeiting or lessening the fair reputation which may have been 
Avon by their shoj). ]Jr. Ouillanme exi)lained, and seemed very desirous 
that 1 should comi)rehend, that, in speaking of evil purposes formed by 
individual jirisoners an<l suppressed by the force of i)ublic opinion, he 
alluded to trivial oiTeiises — nu^i-e breaches of discipline — for they never 
had had cases of gioss insubordination, revolt, aiul the like — cases which, 
indeed, they had eoiiKi to regard as of almost imi»ossible occurrence. 

Various hooks of record, in addition to ac^c.ouiits-curn'nt, are kept by 
the author ties, iu which an', noted different classes of facts relating to 
the ]»ris!;n« rs. 1 propose to make; but l)rief reference to oidy a, portion 
of tin III. One contains the most complete statement attainable. Whether 
fiom the prisoner himself or from tiiisrwortiiy jiersous in the locality 
from which lie came, of his antecedents, chara<*ter, haltits, occupation, 
relations, \:\\\\v of the ]iif»per1y stolen, if his crime was theft, c^c, «S:c^ 



THE PENITENTIARY OF NEUCHATEL. 



227 



Another opens a moral account with him, in which a contiDuous record 
is kept, month by mouth, of his conduct, industry, and habits of study, 
according to the following form : 



Names. 


Month of . 


Conduct. Industry. 


School. 


Total of marks. 

9 
6 


Earnin<i;s. 


A 


3 

2 


3 
2 


3 
2 


3/. 60c. 

2/. 80c. 


B 





A column is added for general remarks. The marks are settled, as 
already explained, in the general conference of officers at the end of 
each month. 

In addition to this there is for every prisoner a file or bundle of papers, 
(dossier,) in which are found : 1. The charge, sentence, «S:c., of the court. 
2. Official and confidential information obtained relative to the prison- 
er's antecedents. 3. A short account of his life, written by himself or 
at his dictation. 4. The result of his scholastic examination on entrance. 
5. A monthly transcript from the moral-account book and the punish- 
ment record. 6. His photographic likeness when committed. 7. Good 
or bad facts relating to his conduct. 8. His photograph on leaving the 
prison. 9. Facts relating to the aid given him at his discharge, [son 
;patyonage,) and his conduct after liberation. 

The cantine* does not exist in the penitentiary of Neufchatel, nor is it 
in contemplation to introduce it. It is believed there that such an in- 
stitution must end in demoralizing both officers and prisoners, and that 
therefore the fixed dietary of the prison ought to be made sufficient to 
satisfy all fit and reasonable wants. 

During the few days I passed at jSTeufchatel I mingled freely with the 
prisoners, conversing with them ad libitum without the presence of an 
officer. I found the best spirit and the best state of feeling existing 
among them. Of not a few the love to Dr. Guillaume seemed like 
that of children to a father. I verily believe that tbere are pris- 
oners in that penitentiary whom this feelingVould hold tbere as with 
chains of steel, if every bolt were removed, and every door set wide 
open, thus proving again the truth of Dr. Wicheru's paradox, that " the 
strongest wall is no wall." 

It will be asked. What about the earnings in a prison which seems so 
much like a university, and where every thought, contrivance, and 
eflbrt appear to be given to the reformation of the convicts "? I am 
happy to reply that they are nearly enough to meet all the current ex- 
penses of the establishment, and, in all probability, will reach that 
point in time. They are greater to-day, man for man, than in any other 
l)enitentiary establishment in Switzerland. 

Another and still more important question is: What reformatory 
results are shown f To this question I make answer : The experiment 
is yet in its early infancy. At the time of my visit, scarcely two years 
had elapsed since the accession of Dr. Guillaume. In the most remark- 



*Thi8 is found in all French and perhaps most other continental prisons. It raay he 
described, in the most general terms, as a privilege of purchasing additional comforts, 
not included in the legal rations, with the prisoner's disposable pccuUutn — that Is, such 
part of his earnings as he may spend while still in prison. 



228 INTERNATIONAL PENITENTIARY CONGRESS. 

able and most successful experiment in prison discipline that perhaps 
the world has ever seen — that of Colonel Montesinos in Spain — which 
finally brought down the recommittals from 40 per cent, to zero, no visi- 
ble results, as far as statistics are concerned, were shown till after the 
completion of the third year. As regards Dr. Guillaume's experiment, 
if he does not in the end bring down the percentages of relapses glori- 
ously, reformatory prison discipline must be a delusion ; those who seek 
to inaugurate it are chasing a bubble ; and the best thing society can 
do will be to hang, shoot, or decapitate every man whom it can catch 
and prove to have committed a crime. 

§ 2. Beformatorles in Switzerland. — Most of the Swiss cantons seem 
well provided with juvenile reformatory institutions, of which, however, 
the time at my command permitted me to see but one, and of that to 
take but a cursory glance. It is an agricultural colony or reform school, 
two miles from Berne, conducted on the family plan, with twelve boys 
in each household, under a house-father. The establishment appeared 
to me well kept in every respect, and the appearance and tone of the 
inmates excellent. Eesults good, few of the' boys returning to crime. 



Cn A PTEE XXXIII. 

PERSONAL INSPECTION OF PRISONS IN GERMANY. 

§ 1. German convict-prisons. — Of these my limited time and the press- 
ure of duties belonging to the leading department of my mission allowed 
of an inspection of but three — the Moabeit prison, at Berlin, Prussia; 
the prison of Briichsal, Baden ; and the prison at JMunich, Bavaria, 
formerly under the care of the celebrated Obermaier — all of them among 
the most renowned of the penal establishments of the empire. 

(a) The convict-prison at Berlin. — My <listinguished friend Baron von 
Holtzendorff' and the illustrious Dr. Wicheru being both absent from 
Berlin at the time of my visit, I was compelled to make my inspection of 
this prison alone. The Moabeit is a prison constructed on the panoptic 
or radiating cellular plaii, with four wings and five hundred and 
eight cells, besides underground workshops sufficient for one hundred 
and fifty men, and a farm, at some distance from the prison, to give 
employment to those prisoners who, on account of bad health, age, or 
length of sentence, cannot serve out their entire term in separation. 
The i)rison is managed by a Protestant brotherhood, called the Brethren 
of the Itauhe Uaus, and trained, therefore, by Dr. Wichern for the 
work of the Inner Mission. The average of relapses is about 13 per cent. 
Though having no j)ermit fi'om an oflicial source, I was received with 
much court(^sy by the director, a gentleman of great benevolence of 
character, l)ut unfortunately knowing nothing of English, French, 
Spanish, or Italian, a cataloging, which exhausted my own powers of 
speech. Jle began by showing me a complete set of drawings which 
exhibited tiie ])ris()n in all its i)arts, and, being in a universal language, 
were readily comprehended. Ho then conduct(ul me through the estab- 
lislitncint, entering at least fifteen to twenty cells, where I had an oppor- 
tunity of seeing the i>risoners at their dilferent occui)ations. These 
were (piite various, and embracc^d lithograjthing, engraving, carving in 
wood, &c. "J'lie manner of Iiis interc(»iirs(; witli the prisoners pleased 
me exceedingly, marked ;is it was l)y a gentle and kindly si)irit, with 



CONVICT PRISONS AT BERLIN BRUCIISAL. 229 

notLin,2f of official stiflfiiess. The visit was in all cases coiuiiieiiced 
by a IViendly greeting, and oa leaving the director bade each one 
adieu, with sometimes au added handshake. As we passed along he 
explained everything iu German, just as if I had understood a word of 
it! The prison I found kept in the neatest manner; the prisoners had 
a cheerful look ; every cell (for we peeped into many which we did not 
enter) seemed a little home of solitary industry; material wants were 
well provided for; and the director was evidently a favorite with the in- 
mates. Beyond this I cannot go. It was the shell only that I saw. 
Visiting prisons with no power of intercommunication is but a sorry 
and certainly a most unsatisfactory business. 

(&.) The convict-prison at Bruchsal. — This is the model cellular peniten- 
tiary of Germany, and the oldest, having been opened in 1848. Like 
the Moabeit, at Berlin, it is on the radiating plan with four wings. The 
number of cells is four hundred and eight. A model prison itself, it has 
a model director in Herr Ekert, whose administration combines, in ad- 
mirable proportions, justice with mercy, firmness with humanity, and 
breadth of scope with a minute attention to details. 

Most of the German states have three, many of them four, differ- 
ent kinds of public punishment. Punishment of the highest degree, 
awarded of course to the highest crimes, is condemnation to the zucht- 
halts, (house of correction.) Prisoners so sentenced lose their civil 
rights. The maximum sentence is for life; the minimum, two years. 
The second degree is termed arbeitshaus, (work-house.) Condemnation 
to this punishment varies from a few months to several years, but it 
does not extinguish municipal rights. As its names implies, it involves 
compulsory labor the same as the zuclithaus. The third degree is called 
gefcingness, (jail.) This sentence does not make labor obligatory, but 
allows " occupation in accordance with the social position and ability of 
the prisoner."' A fourth kind of punishment — it can hardly be named a 
degree — is termed festung, (imi)risonment iu a fortress.) It is a punish- 
ment awarded to gentlemen olienders ; mostly in cases of political crime 
or dueling. 

But I seem to hear the inquiry, What has all this to do with the peni- 
tentiary of Bruchsal ? Not much, perhaps, but at least this : Formerly 
the establishment at Bruchsal united in itself two prisons, the zucht haus 
and the arheitshaus. The i)risoners of each class were in nearly equal 
numbers, and, though nominally under different rules, were both subjected 
to the same system of absolute isolation. But the system of mixing 
the two classes has been abolished. None but the higher criminals are 
received at present, so that the penitentiary has become strictly a con- 
vict-prison. Although the system is intended to be rigorously cel- 
lular, there is a department of the prison, called the " auxiliary estab- 
lishment," where association is permitted to the following classes of 
prisoners: 1. Those who have been in cellular separation six years, 
unless they elect to remain in isolation. 2. Old men who have passed 
the age of seventy. 3. Prisoners adjudged not fit for cellular sei)ara- 
tion on account of the state of their health, bodily or mental. There 
were some twenty or thirty persons in the auxiliary establishment when 
I was at Bruchsal, out of a total of 384. In point of fact, not more than 
an average of nine per cent, are detained for periods exceediug four 
years. Though a zealous supporter of the separate system, Mr. Ekert 
states, in one of his reports, that after three years of cellular confine- 
ment the muscular fiber becomes remarkably Meakened, and that, after 
that, to require hard work would be tantamount to requiring au im- 
possibility. 



230 INTERNATIONAL PENITENTIARY CONGRESS. 

Mr. Ekert conducted me through every part of his admirably arranged 
and admirably managed establishment, and explained the multiplied 
details of its organization and working. I cannot stay to repeat his 
statements at any length. The different occupations of the prisoners 
run up to eighteen or twenty. Every prisoner learns a trade, who was 
not master of one before his committal. To some extent the prisoner's 
own preference is consulted, but the great study is to give him a trade 
that will enable him to earn an honest living after his discharge. It 
may be stated here that while only three or four per cent, of the con- 
victs are wholly illiterate wbeu received, more than half had not learned 
a trade. They are encouraged and incited to diligence bj^ being allowed 
to share in the product of their toil. Two chaplains are employed, one 
for the Catholic, the other for the Protestant prisoners, who severally hold 
service twice on Sunday and once on Wednesday, besides doing abun- 
dant pastoral work in the cells. Two schoolmasters also devote their 
whole time to the work of scholastic instruction in the cells. An annual 
examination of the prison pupils takes place, (the interval is certainly too 
long,) at which premiums are distributed to the deserving, consisting of 
books, copies for drawing, tools, &c., &c. Upon the whole, the training, 
schooling, industrial employment, and religious care of the convicts ap- 
peared to me to be in a satisfactory condition. 

The superior officers meet every day in the office of the director for 
conference, when they make report of their respective observations for 
the last twenty-four hours, and take counsel together for the future. 

(c.) The convict-prison at Munich. — This penitentiary, placed a little 
outside of the city, was the scene of Councilor Obermaier's labors, who, 
however, long since — more than twenty years, I think — retired from it; 
but he still lives, a vigorous and honored octogenarian. I called at his 
residence in Munich, with the great infelicitj' of finding that he had 
gone to spend a month in the Bavarian Alps ; and so I missed seeing 
the man whom, of all others living, I should most desire to converse 
with, since Maconochie and Montesinos have both been called to their 
reward. 

Mr. Petersen, who was a delegate from the Bavarian government to 
the congress, accompanied me to the prison. We found (which was 
another disappointment) that Mr. Mess, also a Bavarian government 
delegate to the congress, who is the present director, had departed on 
leave only the day before. We were, however, courteously received by 
the sub-director and chaplain, the former of whom coiulucted us through 
the establishment, giving all needful explanations. 

The prison was originally' a monastery, and has been adapted to its 
])res(^nt use. It is of great extent, but extremely irregular. Every part 
Avas found to be clean, sweet, and in good order. There are fifty-seven 
celis for s(q)arate iminisonment, all but two having occu])!ints the day I 
was there. Jicyond that the estal)lishment is on the congregate plan. 
The entire ca|)acity is for five hundred and fifty; there were four hun- 
dred and ninety-niiu} at the time of my visit. It is a convict-prison, 
{niaiHon deforce,) and none are admitted but those sentenced to hard 
labor, {fravav.rj'orcea.) In Obermaier's time, and since, sentences were 
jrom five years to life. Now the shortest are for one year. There were 
fifty-two life-])risoners. Most of those who have this sentence die in 
])rison; few ever icci-ivc a i)anlon. 

(Jontrabimd traHH;, <'S]KM;iaIly in tobacico, is tin; offense oI'Lenest com- 
mitted. 'I'Ik; puiiishnients are reprimands, diminution of rations, ])ri- 
vation of peciilinn), eonlinenient in a cell, the «bingiu)n, and, in bad 
cases, irons. Cor[>oral punislunent has be(Mi abolished since 18(11. It 



CONVICT AND DETENTION PRISONS AT MUNICH. 231 

ds gratifying to know tliat since its abolishment the number of offenses 
;lias greatly diminished. Prior to its prohibition the prisoners — so it 
was reported to me — were in a constant state of irritation, and opea 
revolt was not infrequent. Since then nothing of the kind has occurred. 
The prisoners are tranquil and docile. School is held daily for two 
hours. There are six classes, and each class receives two hours' school- 
ing per week. Better would it be to double the dose. The branches 
taught are those common in primary schools, with a little chemistry and 
natural science superadded. The progress made is fair. 

As in Baden, the prisoners nearly all know how to read when com- 
mitted; but the greater part have not learned a trade. The industries 
liursued in the prison are many, including lithography, book-binding, 
shoemaking, spinning, weaving, painting, carpentry, &c., besides do- 
mestic labors and other work for the establishment, in which thirty- 
eight prisoners find employment. The net earnings in 1871 amounted 
to $11,977, which was considerably more than sufficient to meet a fourth 
of the expenses. 

The prisoners sleep as well as work in association. Obermaier had a 
strange liking for this system, and no doubt his extraordinary genius 
for controlling bad men and molding them to his will enabled him to 
overcome many of the evils inseparable from it. It is, however, in- 
herently and ineradicably vicious, and is now condemned by the com- 
mon judgment of the world. 

The prisoners take their dinner at 11 a. m., after which they are per- 
mitted to amuse themselves in the large courts or yards of the prison 
till 1 p. m. They are supervised by keepers during this hour and a half, 
but otherwise are quite unrestrained. Passing through the different 
courts, I observed that all were perfectly well-behaved. They conversed 
freely together and engaged in a variety of amusements, but without 
tumult, disorder, or anything approaching to nnseemly or excessive 
noise. 

I made special inquiry as to the influence of so unusual an indulgence, 
and the answer received was substantially as follows : At their prom- 
enade in the coUrts, the prisoners are allowed all possible liberty. They 
choose their company and their subjects of conversation as they see fit. 
This system, far from being attended with evil consequences, is found 
preferable to that which forbids all converse. Down to 1862, this prohi- 
bition had effect. But obedience to such a rule was found impossible to 
be enforced, and its infraction drew after it a multitude of punishments 
whose only effect was to harden even the better prisoners, and to paralyze 
the softening influences of the school and the church. Nevertheless, to 
guard against the evil which might be done by the worse to the better 
prisoners, the former are excluded from these collective recreations, and 
are required to take their exercise in separate yards, which is a quiet 
but powerful means of maintaining order and preventing excesses in 
the associated courts. 

§ 3. Detention prison at Munich. — After inspecting the convict-prison, 
Mr. Petersen and myself made a short visit to the detention prison, in 
the city, for the confinement of persons awaiting trial or transfer after 
conviction and sentence. This is a new prison, opened two years ago. 
It is upon the cellular plan, as all prisons of this kind ought to be, with 
accommodations for fifty men and fifteen to twenty women. A very few 
receive short sentences to this prison, but they are quite exceptional 
cases. It is not intended as a punishing prison, but simply a prison for 
safe custody. Labor is not exacted, but such as have a trade are per- 
■mitted to work at it as far as there is opportunity, and are entitled to 



232 INTERNATIONAL PENITENTIARY CONGRESS. 

-whatever tliey earn. It is truly a model prison of its class. I was pleased 
■with the director and particularly with his wife, whom I found intelli- 
gent, cultivated, amiable, and deeply interested in the future of the 
prisoners. 

§ 3. Patronage of discharged prisoners in Bavaria. — The work of aiding 
discharged prisoners is admirably organized in this little kingdom. On 
leaving the detention prison, we drove to an asylum or refuge for lib- 
erated i^risouers, who, on discharge, have been recommended for aid by 
directors of prisons to the jiatronage society of Munich. It is a house, 
with gjirden attached, having accommodations for fourteen men and ten 
women, the two sexes occupying distinct jiarts of the establishment and 
being wholly separated from each other. A porter and his wife are in 
charge, by whom everything is kept in perfect cleanliness and order, thus 
giving the place an attractive and home-like air. It is simply a transi- 
tional home for the inmates, bridging over the chasm between the prison 
and steady work. While waiting for this latter, the ex-prisoners either 
busy themselves with odd jobs obtained in the city, or in working for 
the house — splitting wood, making shoes, cultivating the garden, &c. 
There were but three in the refnge when visited by me, and they were 
all employed on city jobs. Their average stay in the home is about twa 
■weeks. 

I had the pleasure of attending one of the sessions of the committee 
of the patronage or aid society of Munich, and was greatly interested in 
the proceedings. The business was conducted with much animation, 
amid a generous tiow of Bavarian beer. The speeches were interpreted 
to me by a Dr. Strauss, and interested me greatly, particularly those on' 
a rather novel application, which created considerable merriment, asking'! 
for money to enable the applicant to get married. 

It will, I think, be worth while to go a little into detail on the organi- 
zation and work of the Munich society and the general question of 
patronage in Bavaria. The aid society of Munich was formed in 1860, 
having for its object the moral improvement and material well-being of 
liberated prisoners who are citizens of Munich. It makes no distinction 
in respect of ag^, sex, or religion, but gives special attention to young 
persons of both sexes. It has a capital, including the refnge before de- 
scribed, of 10,000 florins. Its receipts in 1871 were: subscribed and 
paid by members, 1,580 florins ; api)ropriation by the state, 750 florins; 
interest on cai)ital, balance from 1870, &c., 940 florins ; total, 3,270 florins. 
It has a membership of 1,550, composed of ladies as well as gentlemen. 
Each member must pay 30 kreutzers a year. Larger contributions are 
received from many, bnt they are free-gifts. The society holds only 
an annual meeting, but a committee consisting of forty-two members 
meets every Mon«lay night. The following is the order of business : 1. 
It de]i))erates on the reports sent from directors of prisons, giving infor- 
mation tliat such and such i)risoners are to be discharged, and also in re- 
lation to tiuiir character. 2. It considers and decides on the admission 
of thes<'. ])risoiier8 to ]iatronage. 3. It chooses from among the mem- 
bers of the society gnardians to take charge of sncii i)ris()iM'rs as are ac- 
cepted. 4. It (!on.si<l<'rs commnnications sent in by guardians, relating 
to the condnct of their wards, and decides ujion the assistance to be 
given to theses latlei-, 5. It acts on any financial ((iiestions that may 
arise, 

I'lie special dnties of a guardian ai(^ : 1. To maintain a constant and 
j»atern:il v.-iitcli('iihiess over his ward. 2, To procure for him remuner- 
ative work, and lo Ix- his prot<'ctor. 3. To ])i'ovi(ie for him clothing, 



AID SOCIETIES IN BAVARIA. 233' 

tools, money needed to travel in looking for work, and even, wlien occa- 
sion requires, to furnish him with lodgings. 

Each ward has his special guardian who watches over him, counsels 
him, supplies his most pressing wants, takes charge of any money ap- 
]>ropriated by the society for his use, and, if there be a necessity, en- 
deavors to effect a reconciliation between him and his family. 

The results are scarcely such as would have been expected from so 
much labor and care. Of the 1,182 persons who have been received as 
wards of the society since 18G0, 377 have relapsed ; 1G2 have withdrawn 
themselves from all supervision ; 201 are doubtful ; 27 have died, and 
352 have undergone a radical change, and become completely reformed 
iu principle and life. 

In the province of which Munich is the capital city there are twenty- 
five districts. Societies similar to that of Munich are found in the 
chief cities of thirteen of them, and steps have been taken to organize like 
associations in the other twelve. These local societies are iu all respects 
formed upon the model furnished by the society of Munich. Each is in- 
dependent, yet all have iu the committee at Munich, as it were, a cen- 
tral organ, which forms a bond of union between them, awakens mutual 
sympathies, makes them feel that they have common interests, and oc- 
casionally even advances funds, which are sometimes deficient iu country 
organizations. 

Bavaria embraces eight provinces — seven besides that of whicli 
Munich is the capital. The greater part of the chief cities of these have 
also their patronage societies, and very many of the small towns as 
well — some sixty in all ; so that, including those in the metropolitan: 
province, Bavaria, with a population scarcely, if at all, exceeding that 
of New York, has at least eighty prisoners' aid societies, all of them 
organized on the plan of that at Munich, even to the holding of weekly 
meetings on Monday night. The state encourages these associations 
with small grants of money for their work; but the most effective aid 
they have consists iu this, that, six weeks in advance of the liberation 
of a convict, every prison gives information of this fact and of his 
character to the association which takes charge of its prisoners. The 
chief obstacle encountered by these associations is the distrust of the 
public and the prejudices which it feels and shows against contact with 
liberated prisoners ; above all, when they have been thieves. To over- 
come these i>rejudices is one of the great duties which the aid societies 
impose upon themselves ; and they have been to a great degree suc- 
cessful, particularly in Munich. 

A month or six weeks before their liberation it is quite common for 
prisoners to write to the director of the prison a letter asking him to 
address in their favor a communication to the committee of such or such 
an aid society. In communicating such a request to a society, the 
director at the same time gives it all desirable information touching the 
conduct of the prisoner during the whole term of his imprisonment; on 
his occupation in prison ; on the change which his treatment has effected 
in him, if any ; or whether he has remained incorrigible. This petition 
is submitted to the decision of the committee at the first session after 
its reception. But, as the committee is composed of the most respect- 
able citizens of the locality, men thoughtful and prudent, they are un- 
able, ordinarily, to come to a definitive decision at their first meeting, 
especially as they are often ignorant of the social status of the prisoner 
and of his family. In cases where the committee desire to have more 
ample information, it charges one of its members with the special duty 



234 INTERNATIONAL PENITENTIARY CONGRESS. 

of procnriug it. Eacli petitiou is registered, with a summary of all the 
information aftbrded iu it. 

That feature iu the constitution of the Bavarian aid societies by 
■which a special guardian or protector is assigned to each liberated pris- 
oner who becomes their ward, with the duties already described, is par- 
ticularly worthy of notice. It is beyond all praise. 

I have already mentioned my presence at one of the sessions of the 
patronage society of jMunicb. A copy of the minutes of that session was 
kindly furnished me through my friend Mr. Petersen. As it can hardly 
fail to have interest for those who occupy themselves with penitentiary 
questions, and especially for the members of prison societies, I append 
a translation, despite a complimentary sentence or two of a personal 
character. 

Minutes of the session of 12ih August, 1872. 

President, Superior Commissioner Peekert. 

Mr. Petersen, prefect, presents Dr. Wines, of New York, president of the luteruatioual 
Penitentiary Congress of London. 

The president thinks it an occasion of congratulation to be favored Tpith the presence 
of a gentleman who has displayed an activity so great and so fruitful in useful results 
in respect of prison reform, and through whose agency the time cannot be far distant 
when the friends of our work, on both sides of the ocean, will lend to each other a mu- 
tual support by the intercommunication of their respective experiences. 

Dr. Wines returns thanks for the honor done him, and says that his visit to Bavaria 
is mainly for the purpose of studying the organization of patronage in this kingdom, 
and making personal observation of its workings. 

After tha reading of the minutes of the session of the 5th August, the president re- 
marks that Joseph Tamper, who is mentioned in them, is, in the opinion of medical 
men, too sick to remain under the care of the society. Thereupon, he is remitted to the 
charge of the philanthropic society. 

Several directors of prisons announce, l)y letter, tbe approaching liberation of : 1. 
John Miinch, potter, a workman in the manufactory of Rebdorf. After having been 
admitted, Mr. Auracher, member of the committee, is designated as his guardian. 2. 
Catherine Miiller, single woman and laundress, aged twenty-four years, a prisoner at 
Wasserbourg and a native of An, has the best of certificates. Accordingly she is ad- 
mitted, and Mr. Fr. Barthelmes, hor future guardian, promises to procure her work. 3. 
Mary Huber, aged twenty years, a prisoner at St. Georges, is admitted; and Mr. Ka- 
vizza is named as her guardian, in case she should need the aid of the association. 4, 5, 
and 6. Anna Mantel, petty thief; John Kaj)poller, an unmitigated gambler ; and John 
Frey, an incorrigible vagrant, are not admitted because of their antecedents. 

Louis Felser, printer, a ward of the society, asks sufficient money to defray the ex- 
pense of his registry, made necessary by his approaching marriage. Several members 
favored the granting of this request ; others ojjposed it. After a number of speeches, 
it is resolved that, before coming to a definitive decision, iuformatiou be obtained re- 
garding the character and antecedents of tiie betrothed. 

Mr. JJrucktraw, a resigned member of the society, is again received as an active mem- 
ber, and pays 4 florins '.iO krcutzors as a subscription. 

Riciiiand, a ward of tlie society, having conducted himself in an exemplary manner 
aa miller's hoy at J{aml)erg, is voted IS fi(;riiis traveling-money. 

Ward Dclinoro, to (;iiable Jiim to take a situation otfered, receives two shirts, three 
aprons, two rol>cs, and one l)l()iiso from the wardrol>e of the society. 

The 'IVcasurcr Kinliier will have for substitute, during the time of his vacation, Mr. 
•Comptroihir l{aiirhu;h(!r. 

After till! reading of the present minutes the president invites our honored visitor to 
kindly nflix liis signature as a souvenir of his presence among us. 

E. C. Wi.M>, Secretary of the National Prison Association of the United States. 

PEEKERT, Presideul. 
G A M J 'E RT, Seorctary. 



PRISONS OF ITALY. 235 

CHAPTER XXXIV. 

PELSONAL INSPECTION OF PRISONS IN ITALY. 

§ 1. The prison Belle Marate. — lu company with my friend Mr. Bel- 
trani-Scalia, the very intelligent, able, earnest (the better word would 
be enthusiatic) inspector-general of prisons in the kingdom of Italy, 
I paid a flying visit to the only prison in Florence, named as above. 
It was only a glance that could be given to it, and it is but the 
briefest word that can be said of it. It is not a convict prison, but may be 
described, not inaccurately perhaps, as a detention prison and house of 
correction combined. It is on the Auburn system — association in com- 
mon workshops by day, and complete separation by night. It has five 
hundred cells, and the number of inmates, September 22, 1871, was 
376, of whom thirty were women. These latter are really in a distinct 
prison, for it is separated from the men's prison by a public street.. Two 
beautiful little girls I saw in this part of the establishment — bright as 
new-coined eagles — the children of convict women. My heart was 
pained and oppressed by the thought of how much that is vile and cor- 
rupting they must necessarily see and hear and learn there. 

The prison Delle Marate, though not a model, has good points. 
Labor seemed well organized, and among the industries, I noticed, was 
printing, which is one of the very best for prison inmates. Here was 
printed Mr. Beltrani-Scalia's Review of Penitentiary Science, a 
monthly journal of much spirit and ability, which is doing admirable 
service in Italy, and, to some extent, throughout Europe, in the work of 
X)rison reform. But this is a digression. The department of the prison 
that most gratified me was the school, which was attended by a 
hundred or more of the younger prisoners (in whose case, up to thirty- 
five, I think, attendance is obligatory) and as many of the older ones as 
chose. It is taught by the two chaplains, who give their whole time 
to religious and scholastic instruction. A very remarkable case of 
progress was brought to my notice, that of a lad who had been an inmate 
of the prison for only a month. At the time of entrance he did not 
know a letter of the alphabet; yet I heard him read, quite fluently, a 
page in a book as difficult, I should suppose, as what we call the Sec- 
ond Reader usually is. It is the most remarkable instance of rapid 
acquisition that ever came within my knowledge. 

§ 2. The prisons of Rome. — There are four prisons in this city, includ- 
ing one for juvenile offenders. Two of these only did I visit, being ac- 
companied on my inspection by Mr. Cardon, supreme director, and by 
Mr. Beltrani-Scalia, inspector-general, of prisons. 

(a.) The prison Delle Terme. — This establishment is accommodated in a 
vast building, which was formerly a public granary, but has been altered 
to adapt it to the uses of a prison, and has been used as such for fifty 
years. As might be supposed, it is but ill-suited to the purpose, and is, 
in many ways, very inconvenient. There were four hundred prisoners, 
about forty of whom were women. Both sexes sleep in common dor- 
mitories, no doubt to their further contamination. The only industry 
practised by the men is weaving, at which the utmost they could earn 
was five or six cents a day. The ^vomen worked at lace-making, by 
which they earned four or five times as much as the men. 

(&.) The prison of San Michele. — This prison is historic. Howard vis- 
ited it nearly a hundred years ago, but it had a history before, most in- 
teresting and instructive. Howard found over the door of San Michele 



236 INTERNATIONAL PENITENTIARY CONGRESS. 

this iuscriptioii: "Clemens XI, Pont. Max., perditis adolescentibus 
corrigendis instituendisqne, nt qui inertes oberaut, instruct!, reipublicse 
serviant. An. Sal. MDCCIV, Pon. IV." In English: Clement XI, 
Supreme Pontiff', [reared this prison] for the reformation and education 
of criminal youths, to the end that those who, when idle, were hurtful 
to the state, might, when better taught and trained, become useful to 
it. Intheycarof our Lord, 1704; ofthe Pontiff, the Ith. Within the prison, 
high up on a marble slab, inserted in the wall of the principal apart- 
ment, he found this — as he rightly says — " admirable sentence :" 
" Parum est improbos coercere pojua, nisi bonos efiflcias disciplina." In. 
English : It is of no use to restrain criminals by punishment, unless 
you reform them by discipline. In this sentence Howard found, as all 
right-thinking men must find, the true aim of all just prison treatment. 
In the center of the room was hung up the inscription, '' Silentium." 
So that, as would appear, the silent system of associated labor, com- 
bined with a reformatory discipline, was inaugurated at Rome in the 
very- beginning of the eighteenth century, that is, one hundred and sixty- 
nine years ago. One of the main agencies relied on to effect the de- 
sired reform of the prisoners was industrial labor and the training of 
them to the knowledge of a trade. Various handicrafts were taught 
and practised in the establishment, such as printing, book-binding, 
designing, smithery, carpentery, tailoring, shoemakiug, weaving^ dyeing,, 
and the like. Surely Pope Clement XI must be allowed a place among 
the most enlightened rulers and reformers that adorn the annals of our 
race. On some points, the world might still go to school to him with 
advantage. That such a doctrine should have been taught and such a 
practice maintained in the seat of the Papacy at a time when chains, 
dungeons, and toi:tures. were almost the only forms of public punish- 
ment in the rest of the world, is a marvel. Let honor be given where 
it is due. 

At the present time the prison appears to be of rather a mongrel 
sort — half cellular, half congregate. I found some four hundred pris- 
soners there, some of whom were working in cells, and others in common 
shops. 

§ 3. The future of penitentiary reform in Italy. — While engaged, in 
1871, in ray mission of organizing the congress of London, it was impos- 
sible to devote much time or to go at all out of a direct line from one 
capital to another (my business being chiefly with governments) to 
examine prisons. I went to nearly all that fell in my way, but to 
scarcely any that would require any divergence to reach them. For 
this reason I had no opportunity of seeing any of the more recently- 
constructed and better-organized prisons oF Italy, of which the number 
is con.sideral)k>. Still, I left Italy, after a very brief sojourn, (for the 
business of my mission was comi)let(Ml within twelve hours after my 
arrival,) with the best imi)ressions and tlie best hopes for her future, in. 
so far as the great inlcrest of ])rison reform is concerned. Mr. I^anza, 
j)riiiic minister, and at the same tinu^ minister of the interior, who, in 
virtue of this hitter oHice, is head of the prison administration; Mr. 
(Jardon, director; and Jnsi)e('tor Jleltrani, (1 had not the honor of be- 
coming personally a(;<piainted with the other insi)ector,) are gentlemen 
of great ability, large views, and an earnest devotion lo this work; and 
tliey are nobly seconded in it by a royal commission, comjmsed of emi- 
nent citizens, having special knowledge of the subject, and appointed 
expressly with a view to making a broad study of the penitentiary 
question, ami |)roposing such iclorms.in the criminal code, the criminal 
laws, and the (criminal administration of the coitntjy as, alter such 



PRISONS OF BELGIUM. 237 

study, fcliey mijilit judg-e desirable and expedient. On tliese grounds it 
is not too much to hope that at no distant day Italy will become a 
leader whom it will be safe to follow in whatever relates to the organi- 
zation and conduct of prisons, an interest which is beginning to claim 
its just place in human esteem, and to command the attention which 
is due to its magnitude and its importance. 



CHAPTER XXX y. 

PERSONAL I^'SPECTION OF PRISONS AND REFORMATORIES IN BELGIUM. 

§ 1. Belgian prisons. — Of these I inspected but three — the central 
prisons of Louvain and Ghent, and the city prison at the latter of these 
places. 

(fl) The prison of Louvain. — This is the model cellular prison of Enrope 
and the world. I paid two visits to it — one in 1871 and the other in 
1872, with an admiration which no words could exaggerate. Its design, 
construction, and administration, for a prison of its class and on the 
cellular* plan, seemed to me to leave absolutely nothing to be desired. 
More than a year ago, at a public meeting in Xew York, I said, of this 
prison: 

I cannot close without a word of reference to the prisons of Belgiuui, which John 
Howard, a centuiy ago, found worthy of praise. At present, however, I can only call 
your attention, for a moment, to the new model prison of Louvain, planned and built 
under the superintendence of M. Stevens, its director for ten years, but now inspector- 
general of prisons for Belgium, and a worthy successor in that office to the illustrious 
Ducpetiaux. The building itself, which is large enough to accommodate five hundred 
inmates, is of brick, with marble facings. It is simple, solid, and severe in its beauty, 
with nothingof that palatial look which is so common in our great prisons, and which has 
always seemed to me wholly out of place in buildings devoted to the treatment of crimi- 
nals. But it is the fn«er "glory that excelleth." Ihadnever conceived of anythiug, in the 
form of a penitentiary establishment, so admirable in organization, so perfect in admin- 
istration. Nothing seems to have been forgotten in its construction, nothing overlooked 
in its rules, nothing omitted in the details of its arrangements. The system of im- 
prisonment is that known as cellular, of which, per se, I am not a supporter; but the 
cellular system is here applied in a manner quite different from what I have seen it 
elsewhere. Each prisoner receives not less, on an average, than five or six visits a day, 
from chaplain, schoolmaster, director, trade instructor, or other officials, by whose 
presence and converse the burden of solitude is lightened and made tolerable, and by 
whose counsels, motives and encouragements to a better life are suggested and pressed 
upon the prisoner. The whole aim appeared to me to be the I'eformation of the criminal ; 
to that all efforts appeared to be directed ; and the results are as extraordinary as they 
ai'e encouraging. The prison has been in operation about twelve years. The recom- 
mittals to the old prison of Louvain averaged 70 per cent.; at present they are only 6 
per cent. This proves not only that criminals may be reformed, but that their reforma- 
tion depends less on organization and system than on the spirit of the administration 
and the men who conduct it. " Where thtre is a will there is a way," is a maxim which 
seems as true of the intent to change bad men iuco good ones, as of any other human 
undertaking. 

Of the above account, written after my first visit, I do not retract a 
word since the second. I will say no more of the prison, (though much 
might be said if one could enter into details,) but must add a word in 
regard to its founder and first director, Mr. Stevens. He kindly accom- 
panied me on my visit to Louvain, and directed that every possible facility 
should be aiforded me for observation ; an order which was obeyed to 
the fullest extent, though, from motives of delicacy, he abstained from 
making the round of the penitentiary with me. His heart is evidently 



238 INTEKNATIONAL PENITENTIARY CONGRESS. 

still at Louvain, and indeed it is no less manifestly, in its every pulsa- 
tion, wholly and most intelligently, in this work of prison reform. I am 
sure he pursues it in his dreams, and to it his waking hours, "from 
morn to dewy eve," and even till night is far advanced iu her dusky 
course, are given with all the freshness and ardor of a virgin love. 

The present director appeared to be able and efficent, not unworthy 
to have succeeded so distinguished a man as Mr. Stevens. 

(b) Convict prison of Ghent, {maison de force.) — It is just a hundred 
years since this prison was founded. It owes its existence to the genius 
and humanity of the Viscount de Vilaiu, a truly great man, who, in his 
conception of the nature, object, and processes of a true prison disci- 
pline, was fully a hundred years in advance of his cotemporaries. His- 
prison was founded upon the idea of preventing crime by combating 
idleness, and of maintaining discipline by moral power instead of brute 
force 5 a grand conception, to whose perfect realization the world is 
even now slowly and laboriously working its way. Early in his vast 
anil tireless visitations of prisons, Howard came to Ghent, where he 
found the prison fully organized under the guidance of its illustrious 
founder, with its numerous industries in active operation, with its ad- 
mirable discipline maintained almost wholly by moral forces, with 
its incomparable order and cleanliness, the whole a hive of busy indus- 
try, by which nearly all its expenses were paid, and, altogether, the very 
antipodes of the English prisons, from whose inspection he had just 
come ; it may well be supposed that his eye was delighted and his heart 
rejoiced. But more than this, his ideas were enlarged, and his purpose 
and courage strengthened ; indeed, his wiiole being received a new and 
mighty impulse toward his life-work. Howard was a different man 
from what he would have been but for the prison of Ghent, and it is 
not too much to say that he was, in some sense and to a certain degree, 
himself the creation of the great and good Viscount de Vilain. 

The prison of Ghent is of large dimensions, containing accommoda- 
tions for a thousand prisoners. It is on the radiating plan, having 
eight wings, five of which were already built in Howard's time, and 
they remain to day substantially as they were then. It is conducted, in 
the main, on the Auburn system, though it is partly also cellular, one 
wing being devoted to the treatment of prisoners on that principle. It 
was here, indeed, that the system whicli iias become so widely known 
as the Aubnrnian had its origin ; or rather, as I conceive, it was first 
practised in liome, and was tlie conce[)tion of Pope Clement XL 

The director struck me as being an able, energetic man, of great ad- 
ministrative ability ; and, withal, he is certainly a warm partisan of 
the Auburn as against the Penns.vlvia system. 

(c) Detention pri^ion and honne of correction at Ghent, {maison de surete.) 
— On my seconil visit to Uelgium 1 made a hurried inspection of the es- 
tablishnu'nt named above just as the, day was fading into night. It is 
a. large, commodious, well-kept cellular i)rison, designed for two classes 
of i)ris()n(!rs of l)<)th sexes : 1. 1'ersons arrested and awaiting trial. 2. 
I'ersons sentenced to slioit terms of ini])ris()nment. 

§ U. ,/urenile reform a lories. — I visited l)nt one of these, that at Kuys- 
selede, near Ostend, wlii(;h, however, is divided into three diOerent de- 
y>;iitnientN, in tliiee. dillei-ent localities, and forming, in ellect, three 
distinct s<-IiooIh of reCorm — two male and one female — though all under 
the Hanie head. The two for boys are at JJu.vsse!e<le- and W^ynghene, 
within sight of each other ; that for girls is at ])eern<Mii, two or tlireo 
miles distiuit. I could wish that more tiuiie and spa<-.e were at my com- 
iriaiHl for a <lescription of this establisliinent, for it wt^U deserves the 



EEFOKMATORIES OF BELGIUM. 239- 

amplest treatment. With the solitary exception of Mr. Demetz's agri- 
cultural colony at Mettray, it exceeds all others visited abroad, both in 
its management aud its results ; and in one particular, (to be hereafter 
mentioned,) it has the pre-eminence over Mettray and all other juvenile 
reformatories known to me in any part of the world. 

Kuysselede is the work of Ducpetiaux, perhaps his master achieve- 
ment; but he was ably seconded by a man of rare powers and aptitudes 
for the task, Mr. Poll, who was its first director, presiding- over it from 
the day of his appointment, in 1849, to that of his death, in 18G7, a 
period of eighteen years. 

The present director, Mr. Eugene Poll, is a son of the late incumbent, 
whom he succeeded immediately on the decease of the latter. I was 
accompanied on this inspection by the Rev. Joshua Coit, secretary of 
the board of prison commissioners of Massachusetts. Though we had 
not the advantage of any official or even private introduction, the di- 
rector received us, not simply courteously, but with the utmost cordiality. 
He conducted us through every department of the establishment at 
Euysselede, giving full explanations of all its parts and arrangements, 
and answering all questions with perfect frankness. 

The class of boys treated here are not criminals, properly so called ; 
but they are such as are in danger of becoming so — vagrants, truants, 
street beggars, and the like. The whole number received from the be- 
ginning is about 5,000. The day we were there the number was 522, of 
whom only two were in hospital, and one of them from a broken arm — 
a clear indication of the sanitary state of the school, and of the good 
care that is taken of the inmates. 

The institution is conducted on the congregate plan. The boys sleep 
in large dormitories, admirably arranged — as, indeed, every part of the 
establishment is — and kept in the cleanest possible condition. 

The labor is principally farm-work. The farm consists of two hundred 
and forty acres, nearly all under tillage. The kitchen garden contains 
nineteen acres ; but, indeed, a great part of the land seemed cultivated 
like a garden. The outbuildings and nearly all the accessories are ar- 
ranged and kept in the best manner. In short, this may be pronounced 
in all respects a model farm. The stock consisted of 18 horses, 114 
cows, 7 bulls, 150 sheep, 70 large hogs, 80 pigs — all in the finest order. 

While the work is, as already stated, principally expended on the 
farm, there is also, particularly in winter, much mechanical labor, which 
is distributed through a considerable variety of trades, such as carpen- 
try, smithery, painting, varnishing, shoemaking, knitting, tailoring, 
spinning, weaving, straw-plaiting, &c. Very few purchases, com- 
paratively, are made for the establishment from the outer world, al- 
most everything required for consumption, outside or inside the body, 
even to the manufacture of the beer, which is there deemed a necessity, 
being produced aud worked up on the premises. Thus, for example, 
the wool and flax needed for clothing is grown on the farm, and the 
boys spin, weave, and work it up into garments. The straw (so much 
as ma^' be necessary) is plaited and made into hats. The hides are con- 
verted into leather and manufactured into shoes. Stockings are knit 
from the wool clipped from their own sheep, for winter use, none being 
required for the summer. Aud so on to the end of the catalogue. 

This extraordinary thrift, as our New England people would call it, is 
the cause of the existence of a fact which, so far as known to me, is 
wholly uuparalleled elsewhere in the history of reformatory institutions. 
Eeference is here made to the fact that the reform school of Ruysselede 
not only pays all expenses, including those of the administratiouj but 



240 INTERNATIONAL PENITENTIARY CONGRESS. 

actually realizes a net profit every year of some thousands of francs. 
In 1S71 the gain was 3,000 francs ; four years previously it was 10,000. 
This result is the more remarkable inasmuch as a considerable number 
of the boys are too young to do much toward earning their support, and 
conscientious attention is given to the scholastic instruction of all. 

The ages of admission are from seven to eighteen; in exceptional cases, 
boys younger than seven are received. The term of committal is during 
minority. The average stay in the institution is about three years. 
Some, however, remain only three months, others from eight to ten 
years. 

Mr. Poll claims that, substantially, all the children sent to Euysselede 
are saved. The number who turn out badly is brought down to within 
a fraction of zero. 

The school at Wynghene has some fifty boys who have chosen for 
their calling a sea-faring life. Here, in a little lake, is a full-rigged ship, 
in which they are daily drilled in all nautical maneuvers and terminology. 
There are also, in a large apartment of the house set apart for the pur- 
.pose, numerous models of vessels and craft of all sorts, with complete 
rigging, loaned by the museum at Brussels, to be used for the profes- 
sional instruction of the young sailors. 

For the rest, beyond the time devoted to this technical training, the 
boys in this department occupy themselves precisely as those do in that 
of Euysselede — working on the same farm, but in shops at their own 
place. 

Our next visit was to the girls' reform school at Beernem. This is 
conducted by a religious sisterhood, with a lady superior at its head, 
though it is under the general superintendence of Mr. Poll. There were 
two hundred and fifty inmates at the date of our inspection. We found 
it in no respect inferior to Euysselede. The sister-inchief is quick, 
sharp, accomplished, and energetic in a remarkable degree. I said to 
her : " Sister, I was surprised to learn that the boys at Euysselede earn 
their full supjiort. 1 presume that this is not done by the girls f Very 
promptly she replied, and in a tone and manner indicating some little 
feeling : " The girls gain more than the boys ; their earnings amount to 
100,000 francs a year." They are chiefly employed in lace-making, sew- 
ing, and laundry work. 

With a sufficient number of such establishments as those at Euys- 
selede, Wynghene, and Beernem established in all countries, the problem 
of the prevention of crime will be far on its way toward a satisfactory 
solution. IIow nnich cheaper, as well as better, would it be to save the 
vicious children than to punish them as criminal adults! 



C IT ATT 1:11 XXXVI. 

PERSONAL INSPECTION OF PRISONS AND REFORMATORIES IN HOL- 
LAND. 

§ 1. MUitdnj jn-'tson of Lri/dni. — This ])risoM is not for soldiers wlio 
have c()mmilt«'<l ollcnscs mert^ly against militaiy discipline, but for 
such as have been found guilty of acts wiiicli brought tlicin within the 
]»urvi('w of the ('rimiii;il laws of the land. Tiie prison is a substantial 
structure, very plain, siirroniiding an open quadrangle, whi(;h serves as 
an exercise-yard for llie prisoners, who, in companies of forty to fifty, 



CELLULAR PRLSON AT AMSTERDAM. . 241 

speud au hour there every chiy. On one side of tlie hollow square is a 
buildiug containing the offices, on anotlier is the large dormitory build- 
ing, and on the two others are the shops, storehouses, school-rooms, 
&c. There are eight large halls f6r dormitories, with very lofty ceil- 
ings, each having forty-eight small compartments or cells, in all three 
hundred and eighty-four, every one of which had an occupant on the 
day of my inspection, with au overplus of four prisoners. The arrange- 
ment of the cells is unique, and it struck me as excellent. They form a 
double row of iron boxes extending the entire length of the hall, with 
an encircling corridor not less than ten feet in width. The ceiling is at 
least twice as high as the sleeping-rooms, an arrangement facilitating 
the supply of pure air. The circulation of the air is farther aided 
by the perforation of the iron which forms the front and top of the 
cells. AKOund the entire wall runs a water-trough for purposes of ablu- 
tion, each prisoner being furnished with a wash-basin of his own. His 
towel hangs in his cell at the head of his bed, which latter is of straw, 
on an iron bedstead. There are but few articles of furniture' in the 
cells, as the prisoners take their meals in the workshops. 

Among the industries pursued are shoemaking, rope-making, tailor- 
ing, carpentry, smithery, ])aiuting, &c. The prisoners are allowed half 
of what they earn, and of this a moiety may be spent in the purchase 
of additional food and other comforts during their captivity, the other 
moiety being kept as a masse de reserve, to be paid to them on their dis- 
charge. The proceeds of the one-half of the labor, which goes into the 
chest, suffices to defray all current expenses, except the pay of the staff, 
who, being all officers ot the army, receive their salaries in the same 
Avay and from the same fund as other military officers. 

Every prisoner, if he did not know oue before, is taught a full trade, 
whenever his sentence is long enough for the purpose, which is by no 
means always the case, as the sentences run from two mouths to twenty 
years. 

The proportion of prisoners wholly illiterate on entrance is 10 per 
cent.; most of the remaining ninety have a fair common education. 
Nevertheless, the whole body of the prisoners are required to attend 
school two hours every day. Three schoolmasters are employed, who 
devote each six hours a day to the work of instruction, and in this they are 
further aided by twelve convict assistants. All the branches of primary 
and more advanced common-school education are taught, to which are 
added, in the case of all prisoners desiring it, French, English^ and 
drawing, particularly linear or mathematical drawing. A large room 
is appropriated to this last-named department. 

Except in the hospital, which was exceedingly neat and cosy, the 
prison presented a rather slovenly appearance, and could not be com- 
mended as particularly clean. Still, it has merits, and in some points 
might be advantageously copied elsewhere. 

§ 2. The cellular prison of Amsterdam. — I visited this prison in com- 
pany with Mr. Ploos van Amstel, seretary of the prison board, on a 
Sunday morning, at the hour -of divine service, and heard, in low 
Dutch, what 1 presume, from its animated and graceful delivery, to 
have been a very eloquent sermon ; I say from the manner of its deliv- 
ery this was my surmise, for I could not judge from its effect on the au- 
dience, as pvery man of them was in his cell, and, to all appearance, with 
the exception of a few keepers, Mr. Ploos van Amstel, and myself, the 
orator appeared to be addressing himself to empty space. 

After the service, . we inspected the cells and other parts of the 
prison, all of which were found in a state of order and cleauline^js that 
H. Ex. 1.85 1(3 



242 INTERNATIONAL PENITENTIARY CONGRESS. 

left notbing to be desired. It is a misdeineaiiauts' prison, where sen- 
tences range from a few days to two years. It has but two hun- 
dred cells, of which, at the date of my visit, one hundred and sixty 
had occupants ; forty of these were women, who were accommodated 
in a ward entirely separated from the part of the prison in which the 
men are confined. 

The industries are brush-making, tailoring, carpentry, smithery^ 
&c. The state only recives three-tenths of the earnings ; the other 
seven-tenths belong to the prisoners. Four of the prisoners' tenths are 
kept by the administration as a masse de reserve against the day of lib- 
eration ; the other three are at their disposal to send to their families, 
if they have any, or to spend in adding to the comforts of their jmson 
life. ' ' ' . 

With rare exceptions, the inmates can read and write ^vtien com- 
mitted ; still, two schoolmasters are employed to give lessons in the 
cells, and thus to snpplement by added acquisitions the education pre- 
viously possessed. 

§ 3. Detention prison at the Hague. — Accompanied, or rather con- 
ducted, by Mr. M. S. Pols, who had been a government delegate to the 
London Congress, I paid a short visit to the congregate prison, in which 
are confined prisoners awaiting trial and those sentenced to short im- 
prisonments. It is an old structure, bnilt more than three hundred 
years ago, and seems chiefly distinguished for two qualities — mass- 
iveness and irregularity. As far as what is material was concerned, the 
prison is well kept, and everything was clean as soap, water, brush, 
and muscle could make it. But all praise must stop at this point. 
Prisoners to the number of one hundred and fifty were congregated 
there, doing almost nothing but corrupt each other by day, and at night 
sleeping in common dormitories, without supervision, to continue the 
same business with increased vigor. Few have trades when they come, 
and fewer still, even of the sentenced, remain long enough to learn 
them. There is here an ample margin for reform. 

§ 4. Patronaffc. — The work of aiding liberated prisoners is well organ- 
ized in Holland, is conducted in an energetic manner, and is attended 
with fair success. There is a central organization, with its seat at Am- 
sterdam, called the Xetherlands Society for Ameliorating the INIoral Con- 
dition of I'risoners, which has forty branches scattered throughout all 
parts of the country, and corresponding members in thirty-seven local- 
ities where there are no branches. The great aim of all these associa- 
tions, here as elsewhere, is to save the discharged jirisoner from a re- 
lapse; but to this end the work of jiatronage is begun in the prisons 
themselves. In Amsterdam, and wherever branches of the central so- 
ciety exist, the members are i)ermitted and are accustomed to often visit 
the ])risoiM'is confined in the Jails of tlie kingdom, M'ith a view to guide 
and inlhience them to good. JMany of the societies have committees of 
hidies attached, who are active in this Mork, and wliose labors are most 
aecei)tal)h' and useful. Wlien 1 had the honor to call upon the president 
oi' tliepan'Ut society at Amsterdam, the venerable William H. Suringar, 
then over eighty years old, lie showed mo a thick folio volunn^, filled 
with closely-wiilten mannscri|>t fi'om cover to cover, and containing the 
record of his jiersoMal visits to prisoneis or their visits to him, in which 
are set down Hk; main facts in eaeli case. I cannot state thcnumber of 
cases in that rare book, ])nt am sure that it inns up into the thousands. 

§ 5. 77/6' Ncl/icrhiiid.s M(tlr((i/. — This is oiu^ of the model n^formatories 
of ICurope, and is situated at Arnheim, near Zutiihen, distant five hours 
by rail from Amsfeidjim. It is on an estate/ nanu'd Itijsselt, formerly 



NETHEELANDS METTRAY. 243 

the seat of a uoblemau; now an agricultural reformatory colony, founded 
twenty years ago by Mr. Suringar, mentioned in the preceding section, 
and designed for vagrant and vicious boys, not j'et criminal, but in im- 
minent peril of falling. It is a close imitation of the French Mettray, 
and is conducted on the strict family principle. There are ten houses 
for boys, each capable of accommodating fifteen. They are arranged on 
the two sides of a parallelogram, (five each side,) with the residence of 
the director at one end of the quadrangle, and the beautiful little church of 
the colouy at the other. In the rear of the director's resideuce are the 
workshops, school-house, &g. On either side of the quadrangle, but at con- 
siderable distance from the other buildings, are the picturesque res- 
idences of the sub-director and schoolmaster. A large and substantial 
farm-house, with all needful out-buildings, near but outside the main en- 
trance, completes the tout-ensemhle of edifices belonging to the estab- 
lishment. The spacious square itself, around which all these structures 
cluster, has the appearance of an elegant garden, in the center of which 
is a charming flower-plot. The effect, to an observer on passing the iron 
gate which forms the chief entrance to the colony, is very pleasing, the 
coup (V ceil' offering to his view what at first strikes him as a miniature 
paradise. 

1 was the bearer of a letter of introduction from Mr. Suringar to 
Mr. Schlimmer, the director of the colouy, who has served in that ca- 
pacity from its origin, and has developed rare gifts and aptitudes for 
the place. The sub-director is a Mr. van Veen, who has occupied the 
post for only two years, during which time he has given indubitable 
proofs of special fitness for its duties. Mr. Schlimmer, knowing only 
German, committed me to the sub-director, who could speak French, 
and who conducted me through the establishment, explaining every 
part in the most satisfactory manner. 

i It has already been stated that the ten family houses are for fifteen 
boys each, and they were full, or nearly so, on the 7th of August, 1872. 
At the head of each household is placed a monitor, selected from among 
the larger boys, who acts as an nnder-officer during the day, and has 
sole charge of them at night. This system has been substituted for 
that of house-fathers — first, on economic grounds, and, second, because 
of the difhculty of finding suitable persons willing to serve the colony 
in that capacity. The interior of the family^houses is simple and com- 
modious, but they were not remarkable for cleanliness, and the estab- 
lishment seemed .to me to suffer sensibly from the lack of female care and 
influence. Each house has a dwelling-room, wash-room, and closet on 
the ground floor, and a dormitory above. The meals are prepared in a 
general kitchen, from which they are taken to the several houses, and 
each family breakfasts, dines, and sups by itself. 

The labor is chiefly farm and garden work, sixty-four acres constituting 
the farm. There is a kitchen garden of eight acres, and a smaller gar- 
den for fruits and flowers, with nursery, hot-beds, and conservatory, 
where the boys are taught and trained in all the mysteries of both the 
ruder and finer kinds of gardening. A considerable income is derived 
from the sale of flowers, as well in iiots as bouquets, and also from that 
of fruits, large and small. The occupations of the colony, additional 
to farming and gardening, are shoe-making, tailoring, carpentry, cabi- 
net-making, smithery, painting, varnishing, baking, and, I think, a few 
others. As far as possible — and it is found possible in most cases — the 
boys are permitted to choose the calling they will follow. There is even 
a normal school and a military school in the establishment, where those 
whose tastes incline them to teaching or military life acquire the techni 



244 INTERNATIONAL PENITENTIARY CONGRESS. 

cal knowledge aud training' required for those professions. I was 
curious to know how many schoolmasters had been graduated from this 
seminary. The sub-director was unable to give the aggregate, but said 
that eight had gone out to be teachers during his two years' incumbency. 
One of these was on a visit to his former home when I was at Rijsselt. 
He was a stout, manly-looking youtb, and seemed greatly to enjoy this 
renewal of intercourse with his late comrades. He reported himself as 
" doing well," and as satisfied with his place and prospects. 

Only boys over nine and under fourteen are received ; on an average, 
they remain two years at the colony ; and their services, on discharge, 
are much sought after, -ll^ot more than two per cent., according to the 
best evidence — so Mr. van Yeen stated — ever become criminals. Most 
of them would no doubt have followed a life of crime but for their 
training here. How noble and — let us not forget to say to people who 
do not love taxes — how cheap a charity this is, cleiirly appears from the 
fact that seven hundred and twenty boys have been admitted to its 
benefits, and five hundred and seventy-one have gone forth from it, to 
add to the productive industry of the state, instead of being spoliators 
and destroyers of its wealth, and no less so of its virtue. 

The appearance and demeanor of these lads impressed me most ftivor- 
ably. One never would have guessed that they had been little Arabs of 
the street. Except a few low and repulsive iaces, the whole company 
ai)peared well-mannered, cheerful, respectable youths. Their manly bear- 
ing and quiet, orderly movements showed the care bestowed on their 
bodily training, and, by what I was told, their moral training bears a 
fair proportion to the physical. A profane or vulgar word (so I was 
assured) is seldom heard, even when the boys are by themselves. The 
officers have succeeded in forming a right public opinion among their 
elevcs, which acts with great force, and, as a consequence, have created 
an cs2)rit de corps which finds expression in such phrases as "We are 
the boys of Netherlands Mettray! We respect ourselves, and mean 
that others shall respect us." 

All the boys are well instructed in the several branches of a common- 
school education, and special attention is given to music. An hour is 
devoted daily to this branch by the whole school, not all at the same 
time, but in groups, according to their advancement. 1 was present at 
a class-exercise of this kind and observed how thorough and even scien- 
tific was the instruction given, and how intense the interest and delight 
of the boys in their work. 

Every Hunday, in the morning, the boys attend service in the parish 
<^hurch of the neighboring village; in the afternoon at the church in the 
colony. Other parts of the day, deducting what is given to suitable 
recreations and rest, are devoted to sacred song and various religious 
exercises. From 7 to 7.30 on each morning of the week-days a service 
of prayer is held in the church, which is conducted in turn by the 
director, sub-director, and schoolmaster, wlio reads a chapter and ac- 
<'omi)ani('s tlie reading with such comments as he sees fit, and all unite 
in singing a hymn, while on«>, of (lie boys i)lays the organ. 

Asa means ol' moral education mucli stress is laid on what is called 
tlu! "sentence system." It has long since been observed that a pithy 
saying, a i)i"()verb, a^ fable, even a single word that infolds a ])regnant 
meaning, often ])i()dnces a hai>j)y and lasting eflect upon the young 
mind, (.'harles Dickens, when on a visit to a. reibrmatory in Massacliu- 
SJ'tts, being called iij)oii for an address, said sim])ly: "Jioys, do all the 
good you can, aiid nialce no fuss about it." That curt, crisp sentence 
was better lur flic Itox > (liiiii v.onid li:i\e been an hour ol' sil vcr-tongued 



PRISON ADMINISTRATIONS IN FRANCE. 245' 

rhetoric. !So tlio coiuluctovs of the Netherlaiuls mettray have thought 
it good and helpful to make much use of such sentences as these, (some- 
times hanging them on the walls, sometimes giving them out to be 
learned by heart:) ''lie who seeks himself will not liud God." ''A 
I)oor nian'he, who has notliing but money." "He is a fool who lives 
poor to die rich." "Labor has a golden bottoai." "Care for the mo- 
ments, and these will care for the years." 

Whenever anything extraordinary takes place in a family, or when a 
boy makes himself notorious by his bad behavior, a sentence is applied. 
Thus, on the occasion of the death of one of the parents of a boy, a con- 
soling text or sentence is suspended on the wall of his dormitory. One 
day Ji boy was overheard using foul speech to a comrade. The seu- 
.tence, "It is better to be dumb than to use the tongue for filthy talk," 
was given to him, which he had to read to the company every morning 
for eight days. It had the desired effect. 

In a corner of the colony farm there is a secluded and beautiful little 
cemetery, where are interred the remains of tweuty-three (^olons. At 
the head of each grave is ])laced a little painted board, with the name, 
age, &c., of the lad wiio sleeps beneath, and the mound surmounting 
the grave is planted with flowers. Near the center of the cemetery 
stands a large, spreading tree, with its thick branches drooping to the 
earth, beneath which the remains of Mr. Suringar were to be interred. 
Already, while I pen these sentences, in less than six months from the 
time of my visit, the good man who founded this noble institution sleeps 
peacefnlly in his last, self-chosen resting-place. "The memory of the 
just is blessed." That of William H. Suringar \y\\\ be green and fresh 
in mau3^ a heart as long as the Xetherlauds Mettray continues its 
benign and beautii'ui work. 



CHAPTER X X X V II . 

PERSONAL INSPECTION OP PRISONS AND REFORMATORIES IN FRANCE. 

§ 1. There are two distinct prison administrations in France — the pre - 
fecture of police and the ministry of the interior. The former has 
charge of the prisons of the department of the Seine, the latter of all 
the other penal establishments of France. Their jurisdictions and all 
their movements are as independent of each other as if they were on the 
two opposite sides of the English Chamiel. Mr. Lacourt is chief of the 
division of prisons for the department of the Seine, Paris; and Mr. Jail- 
lant, under the minister, of the division of prisons for the rest of France. 
1 called upon both these gentlemen, and had a long interview with each, 
with a twofold aim — first, to gain information, and, secondly, to obtain 
the necessary authorizations to inspect the prisons within their respective 
jurisdictions. Tout le monde had spoken to me of Mr. Jaillant as a per- 
son of rare qualities and worth, and I found tout le momle quite right in 
its estimate. I was profoundly impressed with the breadth of his intel- 
lect, the largeness of his heart, and his thorough devotion to the cause 
of prison reform ; and the same impression was made upon me by his 
chief of bureau, Mr. Jules de Lamarque. Mr. Lacourt is also a noble 
specimen of humanity, a man of large intelligence and broad sympa- 
thies, and, like Mr. Jaillant, "well reported of" by his fellow-citizens. 
Mr. Jaillant kindly furnished me with a permit to visit prisons out of 
Paris, and Mr. Lacourt to inspect those within that city. His author- 



246 INTERNATIONAL PENITENTIARY CONGRESS. 

ization, wliicli I give as a matter of curiosity, is in these words: "The 
directors of prisons in the department of the Seine are authorized to 
admit into those establishments Mr. Wines, who has been delegated by 
the American Government to organize an international prison reform 
congress, together with any friends who may accompany him, and to 
afford him all the information he may desire. Mr. Wines is recom- 
mended in a very i^articular manner to the courtesies of the directors.'" 

I inspected all the jirisons of Paris; two central prisons, one male, the 
other female ; and two (outside of the capital) for the detention of per- 
sons awaiting trial, and for j)risoners convicted and sentenced for minor 
offenses. 

There are eight prisons in the city, viz : 1. The Grand-Depot of the 
Prefecture of Police ; the*Conciergerie ; IVfazasj Sainte-Pelagie; Saint- 
Lazare ; La Sante ; the Grande-Eoquette ; and the Petite-Eoquette. 

§ 2. Before proceeding to any description of these establishments, how- 
ever brief, it seems proper, if not necessary, to give explanations of a 
few terms employed in the French criminal nomenclature, W'hich, before 
going abroad, had troubled me not a little for the reason that I was un- 
able to comprehend exactly what they meant. I refer to the words 
incuJjJcs, prt'venus^ and accuses. The equivalents of these words in 
English all designate persons charged with some offense ; but the exact 
distinction is difficult for us to grasp. Indeed, they convey to us no distinct 
meanings, because there is nothing in our judicial processes to corre- 
spond to them. The incMlpcs, then, are persons who, having been 
arrested either on a warrant or jiagranie deUcfo, (in the act of commit- 
ting a crime,) are conveyed, prior to a hearing, to some prison for safe- 
keeping until their examination takes place. The prcvenus and the 
detenus are inculpes, who have had their first hearing, and have been 
ordered by the committing magistrate {juge d' instruction) to be held 
for trial. But there is a difference between them. The detenus are pris- 
oners held for trial on a charge of misdemeanor, {delit ;) the accuses are 
I>risoners held for trial on a charge of felony, (crime.) The two classes 
are taken belbie different courts for trial — the detcmis before the 
tribunal of correctional justice, where the trial is by the judges 
alone; the accuses belbre the court of assizes, where they are tried by a 
jury. The account to be given of the prisons of Paris will be more 
intelligible ibr these slioi't explanations. 

§ .'3. The Grand-Depot of the Vrt'/ecture of J'oliee. — This is a prison for 
persons who have been arrested by the police, but have not yet had 
their hearing before a committing magistrate, {incuJpes.) It is a vast 
])ile in one of the courts of the prefecture, with a, capacity for 1,200 to 
1,500 prisoners; but into it, I was told, are sometimes crowded 2,000. 1 
may icniiuk, just jjcre, that the commitlal and <lischarge of ])risoners, 
not only hei-e but <'verywh(u-(^ in Prance, are made with perfect regu- 
larity. In every piison the iliiector or keeper mast Inive one or more 
r(!gisters, signed on each i)iig(.^ by the ]M-efe(;t or some, magistrate. Tliese 
I'egisteis jccord thci act of delivery of each jjrisoner, and, on the mar- 
gin, the date of his dischai'ge, as also a co])y of the de(aee, arrest, or 
jndgment, in virlne of which it has jdace. It is thus easy to Ix^ sure of 
thir legality of ev<'iy inij)iis()nmenl. 

'J'he, legal time of detention in th«' ( Irand 1 >e]>ot is twenty-ibnr hours; 
l)Ut Hudi is tlje, a(;enniidati()n of business and such the pressure ui)on 
tlie time, of tin; magistiates <;liai'ged with the ])i'eliniinary examinations, 
that piisoners are olten detained hero a week or more. In the male 
de[)artment tliereare some (ifty sejfaratt? cells for the better <;lass of pris- 
oners, and Ji somewhat h'ss number in the females waids, whose inmates, I 



GRAND DEPOT MAZAS. 247 

was glad to observe, were altogether under the care of womeu. But 
the mass — and a seething mass it was of corrupt and corrupting 
humanity — were thrown i)ell inell together. If the problem had been to 
<5reate a sort of cosmo])olitan exchange, where the most dangerous vil- 
lains, drawn to Paris from all quarters, could meet, become acquainted 
wath each other, and lay plans for future crimes, the intent could 
not have been better carried out. A hundred desperadoes, or more, 
are there to be seen in a single vast apartment — the scum of all 
crafts, the shame and terror of the city. The flow inward and outward 
is without interruption. The coming and going never cease. The move- 
ment is like that of a shuttle, that incessantly shoots from side to side 
of the growing texture. Indolent, suspicious, cunning, lovers of dark- 
ness because of the villanies that are sheltered by it, they are little to 
be feared when sei^arated from each other. But here they are brought 
together by the law itself; they are kept in absolute idleness for days, 
or even weeks ; they become acquainted ; they organize ; they plan ; 
they know where to meet on the first moment of libert}^ The young 
thieves learn from the old ones. They are taught the good stroTcen to be 
made. They are instructed in the best modes of operating, from the 
picking of a pocket to the breaking into a house. They learn the whole 
theory of crime. They are told where to find the safest receivers and 
the worst haunts- And so the army of crime is recruited more steadily, 
£iS well as surely, than were the legions of Napoleon by the most relent- 
less conscriptions. The children are, it is true, separated from the adults ; 
but uot from each other. On the contrary, they are confined in associa- 
tion, without supervision, in an adjoining apartment, where, it may readily 
be believed, the precociously wicked will exercise the greatest influence. 
I saw there, in one of the exercising-yards, a most piteous sight — some 
fifty boys or more, from seven years old to fifteen, all huddled together 
like sheep in a pen, some of whom, from the sobs and blood and angry 
tones and fresh-torn garments, had been engaged in a fearful fight. In 
the women's ward, also, there is the same promiscuous association ; and, 
of course, the same effect of mutual contamination. The authorities 
aim to keep the lewd from the rest, but those most affected with this 
spirit, and therefore the most dangerous corrupters, are uot always 
known to the police. Of what evils may not such contact be the cause ? 
§ 4. Mazas. — This i^rison is appropriated to the prevenus — that is to 
say, persons who have been placed by the examining and committing 
magistrates in the category of misdemeanants, and the trial of whose 
cases has been assigned to the tribunal of correctional justice. It is 
therefore a j^risou of preliminary detention mainly, though there are 
some prisoners here under sentence. It is a strictly cellular establish- 
ment, and may be said to be the gift of Pennsylvania to France. It is 
the chief fruit, oi' at least the most tangible, of the visit of de Beaumont 
and de Tocqueville to this country forty years ago. It belongs to the 
largest class of prisons, the number of cells being twelve hundred, and 
the mean ijopulation a little more than eleven hundred. I cannot un- 
dertake a complete description of this immense structure. Its exterior 
aspect is somber and gloomy to the last degree. Stretching its lofty 
walls of immense hewn stones on the side of the street opposite to the 
stiitiou of the railway of Lyons, it offers in its dismal appearance and 
its intense silence a striking contrast to the animation and bustle which 
surround it on all sides. The moment you are fairly within, the arrange- 
ment of the entire structure is apparent. The cellular system yields 
up its secret on the instant. A single glance tells the whole story. 



248 INTERNATIONAL PENITENTIARY CONGRESS, 

There are six vast galleries, twelve and a half meters* liigli, tlireeand a 
balf wide, and eighty long. Six enormous passage ways, radiating from 
the rotunda, separate the wings from each other. It is majestic, cer- 
tainly, but cold and saddening as well. A staff of seventy officers, under 
the director, consisting of a deputy, seven sub-deputies, and sixty-two 
overseers, here accomplish, day and night, a wearisome service; for it is 
unceasing. Clothed in a blue tunic, on whose collar shines a silver star, 
and whose buttons have in the center an open eye, (symbolic of eternal 
vigilance,) surrounded by the words Prison de la iSeine, the overseer 
passes and repasses incessantly from end to end of the gallery 
intrusted to his custody. He looks through the little hole in the 
door of the cells, Htly named judas ; he stops if he hears any unusual 
sound; he sees everything, w\ithont being seen himself; turning me- 
chanically between his fingers the heav3' key which opens all the 
doors, he glides rather than walks, and at night wears list slip- 
pers, that he may pass more quietly. For the most part, he 
is au old soldier, formed to habits of strict discipline, and familiar 
with all the severities of the camp. To look at him, one w^ould 
say that he forms part of the prison itself. He is silent, like it ; he 
never smiles, and if he speaks, it is ever in a low tone. In passing 
through a vast cellular establishment like Mazas, one feels, unavoidably, 
as if he were in a sick-chamber. 'Tis au instinctive sensation, and not 
groundless, for moral, like bodily, lesions often x)artake of the character 
of morbid affections. By living constantly in the midst of prisoners, 
the keeper comes to look upon them as he does on other people ; he feels 
neither horror nor pity. He is polite and even gentle toward them, 
partly, i)erhaps, from a kind of indifference, but also because he i^ ad- 
vised to such a conduct. But he is no less prudent than polite, and in 
retiring from a cell he always goes backward. He sees that the regula- 
tions relating to the prisoners, which arc simple and easy to follow, are 
strictly carried out. At 5 o'clock in summer, and 6 in winter, the pris- 
oners are rung up by a bell in the rotunda. At the end of a half hour 
each prisoner must have his hainmo<'.k rolled up and attached to hooks 
in the wall, and his cell swept and put in order; the doors are then 
opened and the night-vessels removed; at the same time the water and 
bread for the day's consumi)tion are distributed. At 8 the morning 
soup is passed into each cell in a porringer; at 3 the evening meal is 
distributed ; at 8 the bell rings, and the i)risoner arranges his hammock, 
and makes his bed. This is the locking up. At 10 every light is put 
out, uidess a sj)ecial authorization is accorded by the director, who, in- 
deed, rarely r<^fuses it when asked. During the <lay the prisoner works 
in his cell at soiru^ one of the industries carried on in the establishment 
— l)laiting Jute-mats, making list slii)i)ers, sewing coj)y-booUs for school- 
childr(;n, making buttons arul small iron chains, tailoring, shoemaking, 
w/)rking at his own trade, «S:c. The number of days' work done 
at Mazas in a year is about a (piartcr of a million ; the aggregate earn- 
ings not far liotu ]()(),0()() trancs; and the average earnings i>er man for 
eacii day ol' work 10 ccntiiiu's, e<iual to S cents. The contractor is rej)- 
resented in the juison by a foreman from outside, who chooses, by desig- 
nation of the (lircctor, a numbei- ol prisoners who, being more intelligent 
and attentive than the rest, are made <;hiefs of shops, wear on the sleeve 
a pi<'ce of r«'<l lace, communicate with their comrades in distributing 
work and giving directions rtoncerning it, and thus (Mijoy a relative lib- 
erty, much desired and much envied. The least inliiK^tion of the rules 

' A meter is 39 in dies. 



CONCIERGERIE GRAND EOQUETTE. 249 

costs the man tlius promoted his strip of lace, sends bini back to the 
ranks of the prisoners, and ag'ain locks the door of his cell, which the 
necessities of his service had required to be left open tiie whole day. 

Mazas is w-ell guarded. The gratings are solid ; every door and gate 
is kept firmly locked 5 the walls, of which, as in all French prisons, there 
are two, with a wide space between them, are thick and high ; the over- 
seers have their eyes wide open, and during the night sentinels are 
posted in the circling space between the two inclosures just mentioned. 
The element of power is ever in view here, and material force seems the 
chief reliance. And in one respect the success has been complete. Not 
a solitary escape has been effected in twenty-five years, and only one 
attempt to escape has ever been made. 

§ 5. The Conclergerie. — This prison is destined to the reception of 
men and women to be tried by the court of assizes, {Ics accuses,) and of 
sentenced prisoners who have appealed to that court against the judg- 
ment of a tribunal of correctional justice. It is an old prison, dating 
back hundreds of years, which, if its walls could speak, might reveal 
deeds of oppression, cruelty, and torture, which would make the blood 
curdle. The Conciergerie is an irregular pile, inclosed within the old 
structures of the halls of justice, {palais de justice,) with walls of ter- 
rific thickness and solidityj with gates and bars of massive iron, and 
interpenetrated through and through with startling and horrible memo- 
ries. As I was passing into the apartment where Maria Antoinette was 
confined as a prisoner of state, I was warned to be careful ; but as the 
special point for caution was not indicated, and I was looking only to 
my feet, my head came into very unpleasant contact with the iron 
lintel over the door, which almost made me stagger. A gentleman at 
my side instantly remarked : " Maria Antoinette bumped her head on 
that same lintel when she was brought in here." The Conciergerie is 
deep below the present level of the adjoining streets. Its interior has 
a sinister aspect — dark, gloomy, repellant. In certain of its passages, 
lamps, kept burning at all times, give but a lurid light. Its yard re- 
sembles a well, whose sides bristle with points of iron, which prevent all 
scaling. There, until within a few years, were seen, sitting or walking 
along the wall, groups of prisoners awaiting trial in the court of assizes. 
But a cellular ward has now been provided for these, which surrounds a 
long rectangular court. In their placehave been sent police prisoners, sen- 
tenced to a single day's imprisonment. Their day is passed in this yard. 
They pass the night on mattresses spread on the floor of the room, and 
the crowd is said to be often so great that even thus space is wanting. 
What of evil may not a single day and night spent under such circum- 
stances accomplish ! Is not the influence of depraved men, eyen for 
so short a period, enough to draw into the paths of crime an irresolute 
and feeble spirit ! 

§ 6. The Grand-Roquette. — This is a depot for sentenced prisoners, whether 
their sentence is imprisonment in a central prison, in the bagnio at 
' Toulon, or in a penal colony, in which case they are confined here after 
condemnation till their removal to their final destination; or to death^ 
in which case they remain here to the day of execution, which takes 
place near this prison. The number of prisoners varies from four hun- 
dred to five hundred. This prison has a certain celebrity among crim- 
inals, for it is, so to speak, the vestibule of the guillotine. The system 
is that of associated labor by day, and cellular separation at night. 
The courts are large and airy ; and the discipline is more severe than in 
the other prisons of Paris. Every morning, as soon as it is fairly light, 
the scene becomes animated. The heavy iron gate, which bars the 



250 INTERNATIONAL PENITENTIARY CONGRESS. 

eutrauce, is oi)eiied to admit a huge fourboise omnibus, which comes to 
convey to the railway tlie prisoners awaiting transfer. Before their de- 
parture barbers cut their hair in such manner that the skin of the 
cranium, appearing between the successive ridges, gives them a zebra- 
like appearance; this is the distinctive toilet of the galley-slave. After 
this, the convict is stripped and a thorough examination made of his 
whole person. When this scrutiny is completed he is reclothed in a 
new prison garb, and his legs are fastened together by chains long- 
enough to allow him to walk, but too short to admit of his running. 
Bracelets are next attached to the wrists with a key, under conditions 
which make it impossible for him to bring his hands to his head. The 
roll is then called; each convict, in replying to his name, must state the 
amount of peculium to his credit, which is placed in the hands of the 
conductor, and not given to him till his arrival at the prison to which 
he is sentenced. Conveyed to the railway station in a cellular omnibus, 
the convicts are placed in a car divided into eighteen separate compart- 
ments, which they may not leave till they reach their point of destina- 
tion. 

A sickening tragedy had but recently been enacted within the walls 
of the Grand-Eoquette, when I visited it in 1871. It was the execution, 
the assassination rather, of the venerable archbishop of Paris and the 
president of the court of cassation, by those incarnate demons, the 
communists o*f Paris — two men without stain of any kind, and whom 
all the good revered and loved. I saw, with a melancholy interest, the 
cells in which they had been confined, and the spot on which they were 
murdered ; for, surely, it was nothing less or other than murder. With 
several others — a half dozen, or more, I think, of inferior rank and 
name, but as innocent as they of any crime against the state or against 
good manners — they were shot down as felons for whom the sun ought 
no longer to shine, or the earth to yield her fruits. Prom their solitary 
cells they were conducted in silence down winding stairs, along length- 
ened galleries, through open courts, (where the unaccustomed sun- 
shine brought with it a gleam of joy to their wasted and weary hearts,) 
and between the massive double wall, to a remote and hidden corner of 
the prison. Here they were ordered to stand with their backs toward 
a platoon of sixty soldiers, only a few paces distant. This order the* 
archbishop i)ositively refused to obey, but boldly iaced the murderous 
iron rain. His com])ani<)ns fell instantly, on the discharge of the mus- 
ketry, but the archbishop did not; whereui)on, at the Mord of command, 
two soldiers advanced and, with the muzzles of their rilles almost in 
contact with his ])erson, discharged their death-dealing contents into 
his heart. 1 counted more than thirty ])laces in the prison-wall Just 
behind where the victims I'ell, on which tlie bullets had left their mark. 
]>efoie his martyrdom the good man made this memorable declaration to 
his assassins: "You may take my life, but, in so doing, you will but 
add Jiew force to the princij)le which 1 represent.'' 

§ 7. tStiinle-J'clafjie. — This is a house of correction, wliich receives men, 
sent(;nced to teiins ol" a year and less. 'J\) jjorsons sentenced lor i)olitical 
offenses a sp('<-ial \vai<l is assigned, which is entiicly se])ariite<l from the 
others. TIm; aveiage ])()piilation of tlic ])rison is IVom live hundred and 
lifty to six liundrcd. .An old shucturc, icarcd more than two hundred 
years ago, it is but illsnilcd to its jtrescnt, ]»nrpose. All the re])airs put 
upon it — and they are plenlifiilly rene\v«'d year by yeai' — ha\ c little ellect. 
It bends, as it were, under the weight of time, and a Ibnl and repulsive 
anti(|uity invests it with an air an(l an otloi- that are anything but agree- 
nhUi. The prisoners lia\e, no dining hall ; they eat in the o])en court 



SANTE-PELAGIE SAINT-LAZARE. 251 

there, also, they make their toilet, at a fountain. When it rains, they 
take their meals in a vast liall on the groundfloor, composed of a half- 
dozen or more chambers, whose partitions have been removed — with 
portions, however, of the thick walls left still standing, and ottering, 
everywhere, obscure angles, into which the eye of the keeper pene- 
trates with difficulty. It is in the terrible associations of this hall that 
the language of viliany is breathed in whispers. It is there that they 
boast of their high achievements in the past; there that they plot new 
acts of crime ; there that they prepare, in advance, the good strokes 
they will make when the hour of their release is come ; and there that 
they organize those combinations which keep the police ever on the 
alert, terrify honest people, and weary the tribunals of justice. A man 
enters after having committed a peccadillo ; he goes out schooled to 
crime and ripe for the galleys. 

• But labor is well organized at Sainte-Pelagie, and the workshops are 
hives of busy industry. You see there a ceaseless activity and good 
work done. With sleeves rolled up and hammer in hand, workmen are 
fabricating velocipedes ; tailors, squat and cross-legged, are busily sew- 
ing garments for establishments of ready-made clothing; they make 
chains; they cut lamp-shades out of paper, &c. Until recently, 
they manufactured chignons at Sainte-Pelagie. That industry has been 
given up there ; but I afterwards saw it practised on a large scale in the 
central prison of Melun. The hair, bought from doubtful heads, gath- 
ered little* by little, from all quarters, drawn out by the comb, wound 
round cards, thrown into the street and collected by the hook of the 
rag-picker, is assorted by colors, divided according to the length, cleansed 
in a manner that scarcely increases its attraction, and fastened by the 
hands of prisoners on silken threads. Thence, when massed and ar- 
ranged according to the rules of art, it goes to the Eue de Eivoli, iu 
Paris ; Regent's street, in London ; Broadway, in New York, and wher- 
ever else ladies, not satished with the covering of the head provided by 
nature, imagine that they can increase their charms by additions of 
such dubious origin. 

Sainte-Pelagie is surrounded by high and thick walls, on which are 
stationed at night a number of sentinels; but, despite this auxiliary 
surveiUance, escapes can and do take place. On the 12th July, 1835, 
twenty-eight political prisoners managed to get away. When the 
director, in measureless fright, went himself to report the fact to his 
chief, the prefect of police, the latter dryly replied with a smile, " So 
much the better ; the republic is deserting." 

§ 8. 8aint-Lazare.— This is an exclusively female prison, devoted to 
the reception and treatment of several classes : 1. Women awaiting 
trial or sentenced correctionally for terms of one year and under. 2. 
Women sentenced to a central prison and awaiting removal, or to death 
and awaiting execution. 3. It is a house of coriectional education for 
girls under age, sentenced according to the terms of the penal code, or 
placed there by way of paternal correction. 4. Prostitutes correction- 
ally sentenced as a measure of municipal police. For each of the above 
categories there is provided a distinct ward. The legal capacity of the 
prison is 1,150, but the prisoners are often iu excess of that number. 

The prison is an immense pile, very ancient, with an old and decrepid 
look. Originally a convent, it has been turned into a prison. Good, 
doubtless, for tlie first of these uses, it is exceedingly ill-adapted to the 
last. With large courts, shaded by venerable trees, it has wooden 
stairways, dormitories under the roof, workshops, taken apparently at 
random, huge refectories, lofty walls, a chapel large enough, but plain 



252 INTERNATIONAL PENITENTIARY CONGRESS. 

almost to nakedness, and a neat little oratory, oocupyini;- the site of the 
apartment of Saint Vincent de Par.l, wliicli was tlit cradle of the relig- 
ious order of the Lazarites. 

For more than thirty years the jn^efecture of police has sought to 
change this state of things. It has protested, argued, pleaded for the 
construction of a house destined to receive female prisoners under six- 
teen years, and girls in their mmority, confined by way of paternal 
correction. It has no power, no budget; it can only supplicate. But 
the municipal council has turned a deaf ear; it had no money. Mean- 
while, magnificent barracks, splendid churches have been reared on 
all sides, but no house of refuge lias yet lifted its walls where female 
children, who have fallen in a moment of forgetfulness, and whom it is 
necessary to save at any cost, and to give to marriage, to honor, to ma- 
ternity, may find a retreat for repentance and amendment, away from 
the purlieus of public x>i'ostitutes and professional thieves. 

What has been the result of this economy, which wastes souls to save 
dollars ? Just such as might have been expected. Mr. Maxime du 
Camp, to whose interesting papers on the prisons of Paris in the Eevue 
des Deux Moudes I acknowledge myself indebted for valuable facts and 
suggestions, and whose expressions I have not hesitated sometimes to 
translate, says that every young girl who enters Saint-Lazare as a cor- 
rectional leaves it vicious and corrupted to the very core of the heart. And 
he gives convincing proofs of this, in which, however, I do not propose to 
follow him ; but the conclusion which he reaches is, that whoever becomes 
an inmate there is lost, unless saved by a miracle. These young female 
correctionals work in association, bat sleep in separate cells. All the 
other inmates are together day and night. In the dormitories the beds 
are pressed one against the other, and in the workshops the chairs 
touch. It is enough to mention this fact; its corollary is but too 
obvious. 

At Saint-Lazare, in vast structures connected with the i)riMcipal 
building, are found the general magazines and the bake-house of all the 
I)risons of Paris. Day and night the ovens flame and the kneading- 
troughs are in use. The average of bakings is thirty-two a day each, 
yielding two hundred and tliirty loaves. The magazine for clotlung is 
a place most interesting to visit. Under the direction of an active and 
intelligent woman, the s!)irts, sheets, socks, and caps are ranged in 
dittererit compartments. Farther on you see strait-jackets of sail-cloth, 
buckled with seven straps, intended to restrain tlie resistance of the 
furious, or paralyze all thought of suicide in prisoners condemned to 
death. In aiu)ther place are seen winding-sheets of heavy brown linen, 
in which jtrisoners are wrapped for burial, who have at length dropi)ed 
the chains of this ]u-esent lih;. In still another apartment are pile<i 
theblariki^ts, waistcoats, ))antaIoons, and other Avoolen garnuMits, which 
have to bo. jtrotectcd against the injury of nu)tlis. All the linen, all the 
clothing worn by the prisonei's of I'aris, go<'s from this wardrolx^ and 
corties l)ack- to it iigain, when it be(;omes unlit I'or further usc^. J^jvery 
year there is a general sale of the ;\rticles which are no longer service- 
able. Who would believe that the tiitteicd garments which have been 
used in prisons liav*', still a marketable valiui'^ Hut so it is. The old 
lirjcn is bought by the hospitals, whi(;h make from it an excellent lint. 
I'aper-makers, finding there ^ennin<' henipen cloth, iire eager to obtain 
it for the m!inuf';i('tui('or certain (inekimls of pai)er best made from that 
material. It is sought ;ilso by railway (;()mpanies, who give it to the 
stokers to burnish thi^ briisses of their locomotlv(;s. The woolen rags 
are bought, cut up, carde(l anew, spun, and woven into those light 



PRISON OF LA SANTK. 253 

cloths which inauufacturers know how to juake ui» into garments, which 
are sohl at low prices and yet yield lair returns. 

§ 9. La iSante. — This is the model prison of Paris, and is, without doubt, 
oneof the best and most beautiful in Europe. It has been recently erected, 
at a cost of more than 5,000,01)0 francs. It was built under the immediate 
direction of Mr. Mettetal, a member of the National Assembly, a gentle- 
man of great ability and worth , and profoundly yersed,from Ktudy, not from 
experience as a prison director, in penitentiary science. It will be worth 
while to go a little into detail in describing this prison, in order to present, 
in outline at least, a sort of tangible embodiment of the ideas to which his 
studies brought him. The prison covers about seven and a half acres 
of ground, is built in the form of a trapezium, and is entirely separated 
from all other buildings. The constructions are divided into two dis- 
tinct prisons, are built on two distinct plans, and are designed for two 
distinct classes of prisoners. One part of the prison is for the treatment 
of prisoners who have had their lirst hearing, and are awaiting trial, 
{prevenus ;) this is constructed on tlie cellular plan, like Mazas, and can 
receive five hundred inmates. The other partis for the treatment of 
convicted prisoners, who have been sentenced to correctional imprison- 
ment for terms not exceeding a year ; it is composed of halls, workshops, 
common eating-rooms, and separate cells for sleeping ; like the cellular 
portion, it has accommodations for live hundred. 

The part of the prison designed for the prevenus (those awaiting trial) 
consists of four wings, each pierced by a large nave or gallery, flanked 
on both sides by three tiers of cells. ' Each nave is lighted, partly by 
glass placed in the roof, and partly by a huge bay-window at the end, 
protected by iron bars. The chapel, placed in the circular building in 
which the four radiating galleries of cells terminate, communicates with 
the prison of the sentenced, (coudcannes,) by means of an intermediate or 
connecting gallery, called the " hospital construction," {bdtiment de Vln- 
Jirmerie.) The rotunda is surmounted by a cupola covered with tiles, 
like the rest of the edifice, and on the two sides rise immense draught 
chimneys, which serve the double purpose of heat and ventilation. The 
prison for the sentenced, which occupies the narrower portion of the 
trapezium, is to the west of the cellular prison for those awaiting trial. 
The exterior walls of all these constructions are of immense square 
stones, cemented, the partition walls being in brick. The buildings de- 
signed for the accessory services are in the irregular courts between the 
wings, and are of hewn stone. Those for the use of the administration 
are at the bottom of the first court, or court of entrance. Here all the 
employes are lodged, without communication with the interior. Fifteen 
to twenty industries — the making of mats, umbrellas, candle-boxes, &c. — 
are carried on in this great establishment, the prisoners in separation work- 
ing in their cells, while those in association labor in silence in common 
work-shops. Thus, classification, industrial labor, cellular separation 
for the prevemis, association in work and separation by night for the sen- 
tenced — such are the elements of penal treatment, such the agencies of 
reform, employed in the mixed prison of La Sante. 

Each cell in this prison is 12 feet long, G feet wide, and feet high, 
equal therefore to C48 cubic feet. So perfect is the ventilation that not 
the slightest disagreeable odor is perceptible even in those cells where 
the prisoners are confined day and night. 

Ingenious contrivances for overcoming grave difficulties and securing 
valuable facilities abound in this prison. To give an example: Ths 
altar in the chapel, which, as already stated, is in the rotunda, is so 
placed that the officiating priest can be seen by every prisoner confined 



254 INTERNATIONAL PENITENTIARY CONGRESS. 

iu the four wiugs of the cellular ward, tlie door of his cell being set a- 
few inches ajar and securely locked. At the same time the foldiug- 
doors of the congregate part, which form the partition between the two 
prisons at that point, being thrown open, every prisoner in association 
has also a full view of the ministrant. This is but one among scores 
of such contrivances, all due to the genius of Mr. Mettetal. 

It cannot fail to have struck the reader that the two penitentiary sys- 
tems, so different in themselves, in use at Mazas and Sainte-Pelagie,, 
are united in the prison of La Saute ; both of them, however, under 
greatly improved conditions. Here the prisoner sleeps on a real bed,, 
which can be raised aud fastened to the wall. The table is a flap, sup- 
ported on an iron standard, with a hinge for letting it down. The chair 
is replaced by a stool. The floor of the cell is composed of oaken boards 
inlaid. A special chapel, or at least special church, accommodations are 
provided for the prisoners of each faith, under each penitentiary system, 
viz : Catholic-cellular, Catholic-cougregate, Protestant-cellular, Pro- 
testant-congregate ; and, in like manner, a miniature synagogue is con- 
secrated to the use of the few Israelites occasionally confined here. This 
prison is the only one in Paris which has a sheltered wash-house, built 
expressly for the purpose, where the prisoners, on rising iu the morning, 
can perform their ablutions ; a fact referred to, with keen sarcasm, by Mr.. 
Du Camp, as showing how slowly reforms are introdnced, when they have 
to make their way against the good-will of the budget. Thecourts here are 
spacious-, and in the workshops air and light enter without obstruction^ 
and therefore in quantities to meet every necessity of health and com- 
fort. On this prison Mr. Du Camp makes the following remark: '*Iu 
presence of these two opposite systems, which are here placed side by 
side, under the eye of the same director, an experiment is in progress,, 
whose results it will be easy to record, and which will afford essential 
aid to those who are in search of a solution of the penitentiary problem. 
From records thus made up may be determined, after a sufficient lapse 
of time, which system sends back to the tribunals the largest number of 
recidivists." I must respectfully dissent from this opinion, and for the 
following reasons : 1. The prisoners of La Saute, subjected to the two 
systems, belong to essentially different classes, and their treatment has 
in view essentially diff'erent ends ; consequently, there is a diversity in 
the premises, which would vitiate the conclusion. 2. The cellular sys- 
tem is api)li(!d, at La Saute, to prisoners awaiting trial ; prisoners, there- 
fore, whose guilt or innocence has not yet been determined, and who, "as 
a further consequence, are not under criminal treatment at all. 3. There 
is no difference of opinion among enlightened penologists as to the ap- 
plication of cellular separation to this class of prisoners ; all favor it as 
a matter of ])rime iin])ortnnce. 4. Even the correctionals at La Sante 
liave, as their maximum, an imj)risonment of only one year, and that of 
the great<!r part falls far below that limit. (Cellular imprisonment for 
such short i)eriods would furnish no ((atd for conclusions relating to that 
HI)ecies of im]^risonment for lengthened terms, o. There is a general, 
not to say universal, jigreement among students of penitentiary science, 
that to give a sharp, energetic notice to (irst offenders, mainly with a 
view to (h^terrence, the best dose is a few months of strictly cellular 
confin<;menl. (>. I'i.\periments like that at- La Sant*'', embodying the two 
systems, to furnish eonijjarative results of real vahu^, must beconducted 
uniler two (conditions: a. They must ('inbi'aec! tinujs of such lengths, 
and sulijeets of such a class, as Ixclong to debatable ground, h. They 
must be applied by o 111 cers free from all prejudice in favor of the one 



PETITP: ROQUETTE central prison at CLERMONT. 255 

system or tbe other, so that their observatious and Jiulginents shall be 
absolutely impartial — a condition hard to be realized. 

I cannot close this account of La Santc without stating the strong- 
impression made upon me by the intelligence and courtesy of the di- 
rector, as well as by the politeness of his staff, who vied with each 
other in tlie alacrity with which they answered questions, and, in ev^ery 
way, sought to promote the gratification of their visitor. The same re- 
mark will apply to tlie j^ersounel of the other prisons of Paris. 

§ 10. La retiicRoqiiette. — This is a prison, or, speaking technically, a 
house of correctional education, for juvenile delinquents of the male sex. 
There are received into it prisoners of four classes : 1. Children under 
sixteen, arrested but not tried. 2. Children of the same maximum age, 
under sentence. 3. Children in transitu to agricultural colonies. 4. 
Minor children, against whom their parents have obtained a decree 
of correctional imprisonment. It is on the cellular system. Think 
of it! Babes, almost, shut up for weeks and months in a cell! 
They have even separate exercise-yards. They have hoops there vrhick 
they trundle in the few square yards allowed them. But the 
place is too strait ; the hoop strikes the wall after two or three revo- 
lutions, and the children, weary of this mere mockery of play, sink 
down upon the ground to dream of some place of real amusement. 
Separation by day, separation by night, separation at meals, separation 
at work, separation in play-time, separation always and everywhere, 
and that in the case of children, the very age when freedom, play, and 
motion are almost an essential condition of existence — certainly an 
absolute condition of healthy existence. It is the saddest pVison 
I ever saw; and h would bo intolerable if it were not for the "Pat- 
ronage Society for liberated juveniles of the department of the Seine," 
to be hereafter noticed. Mr. Du Camp