Skip to main content

Full text of "Prisons and reformatories at home and abroad, being the transactions of the International penitentiary congress held in London, July 3-13, 1872, including official documents, discussions, and papers presented to the Congress;"

See other formats


Google 


This  is  a  digital  copy  of  a  book  that  was  preserved  for  generations  on  Hbrary  shelves  before  it  was  carefully  scanned  by  Google  as  part  of  a  project 

to  make  the  world's  books  discoverable  online. 

It  has  survived  long  enough  for  the  copyright  to  expire  and  the  book  to  enter  the  public  domain.  A  public  domain  book  is  one  that  was  never  subject 

to  copyright  or  whose  legal  copyright  term  has  expired.  Whether  a  book  is  in  the  public  domain  may  vary  country  to  country.  Public  domain  books 

are  our  gateways  to  the  past,  representing  a  wealth  of  history,  culture  and  knowledge  that's  often  difficult  to  discover. 

Marks,  notations  and  other  maiginalia  present  in  the  original  volume  will  appear  in  this  file  -  a  reminder  of  this  book's  long  journey  from  the 

publisher  to  a  library  and  finally  to  you. 

Usage  guidelines 

Google  is  proud  to  partner  with  libraries  to  digitize  public  domain  materials  and  make  them  widely  accessible.  Public  domain  books  belong  to  the 
public  and  we  are  merely  their  custodians.  Nevertheless,  this  work  is  expensive,  so  in  order  to  keep  providing  this  resource,  we  liave  taken  steps  to 
prevent  abuse  by  commercial  parties,  including  placing  technical  restrictions  on  automated  querying. 
We  also  ask  that  you: 

+  Make  non-commercial  use  of  the  files  We  designed  Google  Book  Search  for  use  by  individuals,  and  we  request  that  you  use  these  files  for 
personal,  non-commercial  purposes. 

+  Refrain  fivm  automated  querying  Do  not  send  automated  queries  of  any  sort  to  Google's  system:  If  you  are  conducting  research  on  machine 
translation,  optical  character  recognition  or  other  areas  where  access  to  a  large  amount  of  text  is  helpful,  please  contact  us.  We  encourage  the 
use  of  public  domain  materials  for  these  purposes  and  may  be  able  to  help. 

+  Maintain  attributionTht  GoogXt  "watermark"  you  see  on  each  file  is  essential  for  informing  people  about  this  project  and  helping  them  find 
additional  materials  through  Google  Book  Search.  Please  do  not  remove  it. 

+  Keep  it  legal  Whatever  your  use,  remember  that  you  are  responsible  for  ensuring  that  what  you  are  doing  is  legal.  Do  not  assume  that  just 
because  we  believe  a  book  is  in  the  public  domain  for  users  in  the  United  States,  that  the  work  is  also  in  the  public  domain  for  users  in  other 
countries.  Whether  a  book  is  still  in  copyright  varies  from  country  to  country,  and  we  can't  offer  guidance  on  whether  any  specific  use  of 
any  specific  book  is  allowed.  Please  do  not  assume  that  a  book's  appearance  in  Google  Book  Search  means  it  can  be  used  in  any  manner 
anywhere  in  the  world.  Copyright  infringement  liabili^  can  be  quite  severe. 

About  Google  Book  Search 

Google's  mission  is  to  organize  the  world's  information  and  to  make  it  universally  accessible  and  useful.   Google  Book  Search  helps  readers 
discover  the  world's  books  while  helping  authors  and  publishers  reach  new  audiences.  You  can  search  through  the  full  text  of  this  book  on  the  web 

at|http  :  //books  .  google  .  com/| 


>L  RESEARCH  UBHARIES 


3  3433  07594150  4 


. 


I 


■      I 
I 


;   .i  . 


//^TC-/^  A/A\   T/OA/A  t^  :  J 


A/\J  r\M^Ki 


TRANSACTIONS 


OF  THE 


INTERNATIONAL   PENITENTIARY   CONGRESS 


HELD    IN    LONDON,    JULY    3-13,    1872 


.( 


1/OXDOX:  rnnrntD  bt 
sromgwooDN  axo  co.,  xsw-anuecT  SQrAitx 

A:iU    PARLIAMCXT    STREET 


PRISONS  AND  REFORMATORIEI 


AT   HOME   AND   ABROAD 


BEING' 


THE   TRAXSACTIONS 

OF    THE 

miERNATIOXAL   PEMTENTIAKY   CONGEESS 


HEI.D  IN^XDON  JULY  3-13,  1872 

INCLUDING 

OFFICIAL    DOCUyfESTS,    DISCUSSIONS,    AND    PAPERS 
PUESENTED    TO    THE    60NGRESS 


EDITKD,     AT    THE    REQUEST    OP    THE    INTERNATIONAL    COMMITTEE,    BY 


EDWIN  PEARS,  LL.B. 

BAIIBISTER-AT-LA.W 
8ECBETARY   OF  THE  COlfaBESS 


LONDON 
IjONGMANS,    GKEEN,    and    CO, 

1872  c^ 


All    right*    rtttrttd 


INTERNATIONAL  EXECUTIVE  COMMITTEE, 


Chairman — G.  W.  Hastinos  (Worcester) 
Dr.  J.  Fbbt  (Brunn) 
Monsieur  Steyens  (Bmssels)    . 
Le  Gommandeur  P.  db  Amdbada 
Seuor  Don  Cablos  Mobl'a  Vicxtma  (Paris) 
Monsieur  Bbuun  (Copenhagen) 
Monsieur  LoTSoir  (Lyons) 
Priyy  Councillor  Stbinhakm  (Berlin) 
His  Excellency  P.  B.  Asoiixn  (London) 
M.  S.  Pols  (The  Hague) 
Baron  Macxay  (Amsterdam)    . 
Signor  Bbltbani-Scaua  (Rome) 
Count  SoLLOHTJB  (Moscow) 
Don  Urbano  Montejo  t  Agctlbba  (London) 
Monsieur  Geble  (Sweden) 
Dr.  GunJLAVXB  (NeuchAtel) 
Stephen  Musubus  Bet  (London) 

Dr.  Wines  (New  York) 


J.  D.  Wood  (London) 


England. 

Aiutfia, 
.    Belgium, 
.    Brazil. 
.     CkUL 
.    Denmark. 
.    France. 
.     Germany. 

Greece. 
.    Holland. 


II 


Italy. 

Russia. 

Spain. 

Sweden. 

Switzerland. 

Turkey. 

!  United  States  and 
Mexico. 
Victoria, 


Secretary — Edwin  Peabs. 


LONDON  EXECUTIVE  COMMITTEE. 

Chairman — The  Eight  Hon.  Sir  Walteb  Cbofton,  C.B. 
T.  B.  L.  Baker. 
T.  Ll.  Mubrat  Bbowne. 
Andbbw  Edgab,  LL.D. 

FbANCIS  Fl'LLEB. 

G.  W.  Hastings. 

Fbedebic  Hiix. 

Hon.  Abthub  Kinnaibd,  MJP. 

James  Mabshat.t.. 

Dr.  Mouat. 

A.  H.  Saffobd. 

William  Tallage. 

Setmoub  Teulon. 

Secretary — Edwin  Peabs. 


N 


♦a3 


VI 


FOREIGN  REPRESENTATIVES. 


Austria   . 
Bavaria  . 


Brazil     . 
Bdgiwn 


CkUi 

Denmark 

France 


Germany  (Saxony) 
„         (Baden) 


»» 


(FnuBsia) 


Greece     , 
HoUand  . 


India 


Italy 


*J>T.¥Tey 
*M.  Mess 
*I>r.  Heinrich  Maiquardsen 

8.  Petersen 
*Le  Gommandenr  P.  de  Andrada 
*M.  Van  de  Weyer 
*M.  Berden 
*M.  Steyens 

*Senor  Don  Carlos  Morla  Vicuna 
*M.  Braiin 
*M.  Lojson 
*M.  Jaillant 
*M.  Victor  Bourn&t 
*M.  Alexander  Eibot 

M.  E.  Robin 

M.  Veig^  (Rep.  of  French  Academy) 

Mademoiselle  d'Haossonville 

Mademoiselle  Waller 
*M.  E.  D.  Alinge 
*M.  Gustav  Ekert 
*Herr  Rittner 

Baron  yon  Holtzendorff 
*Privy  Councillor  Steinmann 

Dr.  H.  Bartling 

Dr.  Heim 

Herr  Elborough 

Dr.  Wiesehahn 

Herr  Herrmann 

Dr.  Varrentrapp 

Dr.  A.  Spiess 

^His  Excellency  P.  B.  Armani 
*Baron  Mackay 
*M.  Ploos  Van  Amstel 
»M.  M.  S.  Pols 

M.  P.  Van  Bemmelen 

M.  Delprat 

M.  J.  Pols 

M.  M.  Mees 

M.  J.  Domela  Nieuwenhuis 

Dr.  J.  C.  Penny 

Migor-General  Sir  Vincent  Eyre 

Dr.  Mouat 

J.  Vanderstraaten,  M.D. 

Sir  James  Outram 

T.  H.  Thornton,  D.C.L. 

Major  McNair,  B.A. 
*I1  Conte  Adolfo  de  Foresta 
*Signor  Beltrani-Scalia 

Le  Commandeur  Peri 

Professor  C.  G.  Girolami 


*  BepmentatiTes  of  Gk)Tenimeats. 


vu 


Norway   • 
Stissia     • 


Spain 
Svoeden    • 


Switzerland 


lurkey    . 
Victoria  , 


•    *Herr  Richard  Petersen 
.    *Count  Sollohub 

Qenezal  Von  Annenkoff 

Professor  I.  Foynitsky 

Professor  Wladimiroff 
.    *Don  Urbano  Montejo  y  Aguilera 
.    »M.  Gerle 

»M.  G.  F.  Almquist 

M.  Edward  Schmidt 
'•    *Dr.  Gnillaume     —      ■■>-  . 

Merille  de  GoUeville 
*M.  Vaacher-Cromieuz 
.    Stephen  Mnsums  Bey 
.    »Right  Hon.  H.  C.  K  Childers,  M.P. 
*  J.  D,  Wood 


UNITED  STATES. 


U,S,  and  alto  Mexico 
♦Dr.  Wines 

Connecticut 

*Rev,  S.  D.  Phelps,  D.D. 
James  B.  Whitcomb 

Illinois 

♦Nehemiah  Pierce 
Rev.  W.  W.  Ferfl[Uson 
0.  Brewster 

Professor  William  Shcppard 
E.  C.  Lamed 
W.  C.  Lamed 

Indiana 

*Gotthilf  Block 

♦Rev.  John  W.  Sullivan 

Kansas 
♦Colonel  W.  G.  Coflan 

Maine 
♦Rev.  J.  K.  Mason 
E.  B.  Smith 

Mart/land 

♦G.  S.  Griffith 
♦F.  T.  King 
♦William  R.  Lincoln 
Miss  Lincoln 

Massachttsetts 
♦Professor  W.  C.  Richards,  Ph.D. 
♦Nathan  Allen,  M.D. 
♦Rev.  Joshua  Coit 

•  BtpreiontAtiTes  of 


J.  G.  Smith 

J.  G.  Roscngarten 

Mrs.  Julia  Ward  Howe 

Michiffan 

♦Rev.  Samuel  Graves,  D.D, 
♦Hon.  Arnold  Krekel 

Missouri 
♦Rev.  W.  Porteus 

New  Hampshire 

♦Rev.  F.  D.  Ayer. 
♦Rev.  H.  D.  Safford 
♦Allen  Folgcr 

New  Jersey 

♦lion.  Daniel  Haines 

Mrs.  D.  Haines 

Mrs.  Brown 
♦R.  H.  Howell 

Mrs.  Howell 

Isew  York 
♦General  Amos  Pilsbury 

.Rev.  H.  W.  BeUows,  D.D. 
♦J.  B.  Bittinger,  D.D. 

Rev.  Gliarles  L.  Brace 

E.  C.  Wines,  D.D. 
♦E.  T.  Lowber  :^ 

Mrs.  J.  F.  Desmazcs 

Mrs.  J.  E.  Perot 

Rev.  Dr.  Washburn 

Rev.  Dr.  Philip  SchaflT 

Oliver  Ellsworth  Wood 


Goremmente. 


yiu 


New  York — continued. 
Key.  J.  B.  Smith 
Aatod  C.  Macy 
Ernestine  L.  Rose 
♦Aaron  2kL  Powell 
T.  M.  Barnard 
Mrs.  M.  E.  Beedy 
John  Knapp 
Hiss  Emily  Faithful! 
Dr.  R  D.  Hudson 
E.  Hepple  Hall 

Ohio 

'  J9hn  T.  Porry 
♦Hon.  H.  H.  Leavitt 
♦John  G.  Peebles 
♦G.  E.  Howe 
♦George  W.  Steele 
♦John  A.  Foote 
■  ♦Dr.  S.  M.  Smith 
Mrs.  K.  A.  S.  Janney 

Pennsylvania 

♦Hon.  Joseph  R.  Chandler 
♦Edwin  H.  Coates 


♦T.  H.  Nevin 
♦J.  J.  Gillespie 

Kev.  J.  J.  L.  Milligan 

Rev.  E.  P.  Swift 

Bhode  Island 

♦Rev.  Samuel  L.  Caldwell,  D.D. 
♦Edwin  M.  Snow,  M.D. 

Hon.  J.  R.  Bartlett 

Mrs.  Elizabetli  Chase 

Miss  Lillie  Chase 

Miss  Mary  Chase 

Miss  Clara  Holmes 

Tennessee 
♦G.  W.  Blackie,  M.D. 

Texas 

♦Rev.  B.  A.  Rogers 
♦Charles  L.  Wells 

Was?iington 
♦Charles  Warren,  M.D. 

Wisconsin 
♦A.  D.  Hcndrickson 


liEPBESENTATIVE  OF  ENGLISH  GOVERyMESl, 


Major  E.  F.  Du  Cakb. 


REPRESENTATIVES  OF  JtJSTICES  OF  THE  PEACE 


Birmingham 


Bristol    . 


Cambridgeshire 


Cornwall 


Bevonport 
Essex 


Miss  J.  M.  Hill 

Alfred  Hill 

Rev.  J.  W.  Peart 

Colonel  Ratclifif 

W.  H.  Wills 

W.  Killigrew  Wait 

Arthur  Sperling 

Edward  Hicks 

Rev.  E.  H.  Bennett,  D.C.L. 

Sir  Charles  B.  G.  Sawle,  Bart. 

John  Claude  Danbus 

Rev.  Charles  M.  E.  Collins 

F.  Row,  M.D. 

T.  W.  Perry  Watlington 

T.  G.  Fry 

P.  0.  Papillon 


*  SepresentativeB  of  Gorenmients. 


IX 


Fifeshire 


Gloucestershire    • 


Guildford  • 

Lancashire  • 

Jjcitrim  County   . 


Liverpool 


Loughion,  Staffordshire 


Manchester 


Monmotithshire    . 


Mon  tffomerjt/ithire 

yottinghamshire 

JS^orthamptonshire 


Oxfordshire 

Tortmadoc 
Salop 

Shrewsbury 

Staffordshire 
Surrey 

Sussex     • 
Warwickshire 

Westmoreland 

Worcestershire     • 


Earl  Rosslyn 

Sip  Kobcrt  Anstrutlier,  Bart.,  M.P. 

Hon.  G.  "Waldegravo  Leslie 

T.  Curtis  Hayward 

T.  B.  LI.  Baker 

W.  Rutherford  Ancrum 

Ho%uard  Shoolridge  (Mayor) 

Thomas  Dickson 

A.  Loftus  Tottenham 

Francis  Latouche 

William  Pevton 

S.  Grey  Ilathbone 

Edward  Ijiiwrenco 

Clarke  AspinuU 

T.  W.  Barlow  (Mayor) 

George  H.  Hawley 

F.  J.  Headlam 
J.  A.  Bremncr 

H.  Martyn  Kennard 

S.  R.  Bosanquot 

Major  McDonnell 

C.  W.  Williams  Wynn 

Charles  Alfred  Booth  (Sheriff) 

Right  Hon.  G.  Ward  Hunt,  M.P. 

Marquis  of  Exeter 

S.  G.  S.  Sttckville,  M.P. 

Hugh  Hamersley 

W.  C.  Cartwright,  M.P. 

Rev.  R.  L.  Baker 

R.  Mcredvth  Richards 

J.  R.  Kenyon,  Q.C. 

W.  L.  Lowndes 

Sir  Baldw}'n  Leighton,  Bart. 

Thomas  Southam 

Dr.  Watts 

Samuel  Wood 

Thomas  Twemlow 

Hon.  and  Ror.  Arthur  Tulbot 

William  Hurdmun 

Seymour  Teulon 

Robert  Hudson 

Earl  Chichester 

T.  G.  Blencowe 

Marquis  of  Hertford 

Lord  Leigh  (Lord-Li out.) 

W.  Bromley  Davenport,  M.P. 

Hon.  William  Lowther,  M.P. 

John  WhitweU,  M.P. 

James  Cropper 

Rt.  Hon.  Sir  John^Pakington,  Bt.,  M.P. 

G.  W.  Hastings 
Ror.  J.  Pearson 


REPRESENTATIVES  OF  PRISONS. 


Bath  Prison 
Bedford  Prison  , 
BirmingiMm  Borough  Prison 
Bristol  Prison     . 
Canihridge  Borough  Prison 
Cambridge  County  Prisofk 
Carlisle  lYison    . 

Chelmsford  Prison 

Chester  Prison    . 

City  Prison,  Holloway    . 

ClerkenweU  House  of  Detention 

Coldbath  Fields  Prison    . 


Cornwall  County  Prison 
Derby  Prison 
Devon  County  Prison 
Dover  Borough  Prison 
Dublin  County  Prison 


Durham  County  Prison  . 
Falkirk  Prison   . 
Gloucester  County  Prison 
Holloway  Prison 
Hull  Borough  Prison 
Huntingdon  County  Prison 
Hford  House  of  Correction 
Kent  County  Prison 

Liverpool  Borough  Prison 

Manchester  City  Prison  . 
Newgate  Prison  . 
Nottingham  Town  Prison 
Oakham  County  Prison  . 
Roxburghshire  County  Prison  Board 


Salisbury  Prison 
Shrewsbury  County  Prison 
Stafford  County  Prison  . 
Somerset  County  Prison  . 
Southampton  Prison 
Stafford  County  Prison  . 
Surrey  County  Prison     . 
Sussex  County  Prison     • 


Major  S.  W.  Preston 

B.  C.  Roberts 
Rer.  T.  W.  Peart 
Charles  Brittain 
John  £dis 
Barnabas  Gibson 
The  Governor 

T.  H.  Redin 

Rer.  G.  B.  Hamilton 

Thomas  Bowers 

Rev.  John  Owen 

Rowland  A.  Codd 

Rev.  W.  F.  Stocker 

Rev.  W.  Powell 

Lieut.-Colonel  Thomas  H.  Colvill 

Captain  Kirkpatrick 

Captain  H.  G.  Colvillo 

Jamos  Henry  Sims 

"William  Porter 

Edward  Simmons 

John  T.  Hamilton,  M.P. 

Henry  T.  McFarlane 

Henry  Price 

Lieut.-Col.  C.  Armstrong 

Rev.  Lewis  W.  Irving 

H.  K.  Wilson 

John  Weatherhead 

Henry  Webster 

Rev.  F.  S.  Wishbrook 

Rev.  H.  Jones 

Rev.  F.  W.  C.  S.  Fraser  Wynn 

C.  W.  Bannister 
Rev.  Thomas  Carter 
Rev.  James  Nugent 
Richard  Tomlins 
Rev.  T.  E.  L.  Jones 
William  H.  Wills 
Thomas  Gurton 
Lord  Polwarth 
Adam  TurnbuU 
Earl  of  Minto 
John  Ord 

P.  Groerly 

Captain  W.  H.  Fcnwick,  R.N. 

Rev.  William  Vincent 

William  Oakley 

Rev.  Dr.  Bradshaw,  D.C.L. 

W.  ^fulford 

Rev.  John  Jessopp 

A.  P.  Melby 


XI 


Wakefield,  W.R.  Prison 
Wandeworth  House  of  Correction 

Wilts  County  Prison 

York  Castle        .  . 


Captain  G-.  Armytage 
Eichard  Onslow 
Rev.  W.  H.  L.  Gilbert 
Alfred  Alexander 
Eey.  W.  P.  a  Bingham 
Captain  W.  F.  Lowrie 


BEPBE8ENTATIVE8    OF  REFORMATORIES. 


Ashton^nder-Lyne,  St,  Ann*s  Industrial  School 
Bedfordshire  Rt^ormatory     . 

Birmingham  Reformatory 

Bolton  and  County  of  Lancaster  Industrial  Schools 

Bristol  Industrial  School  for  Girls    . 
Bristol  Reformatory  for  Girls 
Bristol  Training  Ship  *  Formidable  * 
Bury  Reformatory,  Lancashire 
Carlisle  Memorial  Refuge^  Winchester 
Castle  Howard  Reformatory 
East  Bamet  Boyi  Home 
Essex  Rtfomuxtory  for  Boys  . 
Gateshead  R^ormatory 
Glamorganshire  Reformatory  School 
Glasgow  Houses  of  Refuge     .  • 

Gloucester  Rrformatory 

Halstead  Industrial  School    . 

Hampstead  Rrformatory 

Herts  Reformatory  School,  Hertford 

Liverpool,  St.  Georges  Boyi  Industrial  School 

Middlesex  Industrial  School,  Feltham 

Monmouthshire  Rtformatoryfor  Boys 

Portland  Place  GirW  Horm  . 

Purfieet,  School  Ship  *  Cornwall* 

St,  Alban^s  Reformatory 


W.  T.  Crombleholme 

Lieut.-Col.  Higgins 

Rev.  W.  J.  Eecott 

Colonel  Ratdiff 

T.  T.  Rathbone 

Thomas  Taylor 

W.H.  Wills   ' 

Miss  Mary  Carpenter 

Henry  Fedden 

William  Haiper 

Rev.  Ashton  Wells 

Rev.  N.  G.  Fish 

Octavins  Leefe 

T.  W.  Perry  Watlington 

R.  Spence  Watson 

T.  Coke  Fowler 

David  Allen 

Miss  Mary  Sliman 

Granville  Baker 

J.  £.  Dorington 

Miss  Greenwood 

Christian  Nicol 

Rev.  Charles  Deedes 

John  Broadbent  and  another 

T.  Rowland  Brookes 

Rev.  S.  C.  Baker 

Elizabeth  F.  Bell 

Captain  W.  H.  Gumming 

Rev.  P.  H.  Brown 


xu 


BEPBESENTATIVE8   OF   SOCIETIES. 


Carlide  Memorial  Rtfuget  Winchester 
Charity  Organization  Society,  London 
Essex  Female  Discharged  Ihisoneri  Aid  Society 
Glasgow  Houses  of  Refuge 

Howard  Associationf  London 


London  Discharged  Prisonert^  Aid  Society    . 
Metropolitan  Discharged  Prisoners*  Relief  Committee 
Nine  Elms  Discharged  Female  Convict  Prisoneri  Aid 
Society 


North  StqffbrdshireDischarged  Prisoners*  Aid  Society 


South  Staffordshire  Discharged  Prisoners*  Aid  Society 


Reformatory  and  Refuge  Union,  London 


Sussex  Discharged  Prisoners*  Aid  Society 

Warwick  Discharged  Prisoners*  Aid  Society  . 

West  Riding  Industrial  Home  for  Discharged  Male 

Prisoners 
West  Riding  Industrial  Home  for  Discharged  Female    Heory  Oxloy 

Prisoners 


Rev.  Ashton  WelU 

Rev.G.M.  Murphy 

MissBeU 

David  Allen 

Miss  Mary  Sliman 

Robert  N.  Fowler,  M.P. 

John  H.  Kennaway,  M.P. 

Samuel  Morley,  M.P. 

Joho  T.  Hibbert,  M.P. 

Charles  QUpin,  M.P. 

Francis  Peek 

George  Sturge 

Stafford  Allen 

5.  Bevan  Braithwaite 

Robert  Alsop 

Charles  Smith 

Robert  Clark 

WiUiam  Tallack 

W.  Baync  Ranken 

T.  LL  Murray  Browne 

Lady  Robartes 

Miss  Cavendish 

Miss  Lloyd 

Mrs.  Meredith 

Earl  of  Shrewsbury 

Earl  of  Harrowby 

Su-  Smith-ChUd,  Bart.,  M.P. 

Thomas  Smith 

Earl  of  Lichfield 

Lord  Wrottesley 

Major  Thornoycroft 

Arthur  Mills 

Sir  T.  Fowoll  Buxton,  Bart. 

J.  McGregor 

C.  R  Ford 

T.  H.  Cole 

Rev.  John  Richardson 

G.  Armytago 


PBEFACE. 


The  *  International  Congress  on  the  Prevention  and  Repression 
of  Crime,  including  Penal  and  Reformatory  Treatment/  was 
opened  in  the  Hall  of  the  Middle  Temple  bj  an  address  from 
the  Right  Hon.  the  Earl  of  Carnarvon  on  July  3rd  last,  and 
continued  its  sittings  daily  till  the  13th  of  the  same  month. 

The  object  of  the  Congress  was  declared  to  be  *  to  collect 
reliable  prison  statistics,  to  gather  information,  and  to  compare 
experience  as  to  the  working  of  diflFerent  prison  systems,  and 
the  eflFect  of  various  systems  of  penal  legislation ;  to  compare 
the  deterrent  effects  of  various  forms  of  punishment  and  treat- 
ment, and  the  methods  adopted  both  for  the  repression  and 
prevention  of  crime.*  How  far  this  object  has  been  attained 
wiU  be  best  seen  by  reference  to  the  following  pages. 

The  proposal  to  hold  such  a  Congress  came  from  the  Govern- 
ment of  the  United  States.   That  Government,  having  concluded 
that  a  conference  on  prison  questions  might  usefully  be  held, 
made  careful  inquiries  in  order  to  learn  whether  Paris,  Geneva, 
Berlin,  or  London  would  be  the  most  suitable  place  for  holding  it, 
and  finally  selected  London.     A  joint  resolution  was  passed  by 
the  two  Houses  of  Congress  approWng  the  proposal,  and  autho- 
rising the  President  to  appoint  a  Commissioner.  General  Grant, 
in  the  exercise  of  this  authority,  placed  the  commission  in  the 
hands  of  Dr.  Wines.     Mr.  Secretary  Fish  addressed  a  circulair 
letter  to  each  of  the  diplomatic  representatives  of  the  United 
States  in  Europe,  requesting  them  to  render  such  facilities  and 
aid  as  they  could  in  the  prosecution  of  the  object  in  view.     Dr. 
Wines,  in  the  execution  of  his  commission,  visited  Europe  in 
1871,  and  his  mission  to  its  several  Grovernments  was  every- 
where favoured.     To  his  indefatigable  energy  and  continuous 


PREFACE. 

indostzT  the  success  of  the  Congress  is  in  great  part  due. 
During  his  visit  to  England  in  November  1871,  an  English 
Committee  was  formed  to  aid  in  the  preparations  for  the  Con- 
gress. It  included  in  its  list  persons  belonging  to  all  political 
parties.  Lord  Carnarvon  was  at  its  head.  Its  duties  were 
confined  to  preparations  in  England  for  the  Congress.  Similai* 
committees  were  formed  in  almost  every  other  country.  When 
the  Congress  met,  most  of  these  committees  sent  representa- 
tives, in  addition  to  those  who  were  officially  commissioned  by 
their  Governments.  The  foreign  members  of  the  Congress  thus 
consisted  of  official  delegates  and  of  private  persons  represent- 
ing national  committees. 

The  meeting  differed  in  some  important  particulars  from  anj'- 
which  has  preceded  it.  It  was  a  gathering  of  experts  from 
nearly  every  civilized  nation  on  one  special  set  of  questions. 
Twenty-two  States  were  officially  represented,  including  every 
European  nation  except  Portugal,  together  with  the  United 
States,  Mexico,  Brazil,  and  Chili ;  Victoria  and  other  British 
colonies  were  either  represented  or  supplied  information.  The 
official  delegates  were  in  almost  every  case  prison  officials  of 
high  and  usually  of  the  highest  standing,  and  of  the  greatest 
authority  on  criminal  questions  in  their  respective  countries. 
Thus  there  were  present  the  director-generals  of  prisons  of 
most  European  countries.  Sixty  representatives  attended  the 
Congress  from  the  United  States,  including  two  judges  of  the 
Supreme  Court,  and  a  number  of  gentlemen  who  had  had  special 
experience  in  prison  management,  the  prevention  of  crime,  or 
the  working  of  criminal  jurisprudence.  In  addition  to  those 
actually  concerned  in  prison  or  reformatory  management,  there 
were  professors  of  criminal  law,  and  members  of  the  legislative 
assemblies  of  England,  the  United  States,  Germany,  France, 
and  Holland,  who  are  devoting  attention  to  the  set  of  questions 
which  came  before  the  Congress. 

Those  invited  to  take  part  in  the  Congress  by  the  English 
Oommittee  were  the  representatives  of  benches  of  magistrates, 
of  prisons,  reformatories,  prisoners'  aid  societies,  or  other 
public  bodies.     It  was  thus  a  gathering  of  persons,  most  of 


PBEFACK  xr 

ivhom  were  experts  in  the  questions  under  discussion.  Hence 
it  was  that  the  discussions  in  many  instances  brought  into  pro- 
minence a  great  variety  of  details  rather  than  mere  generalities 
of  prison  and  reformatory  management,  about  which  most  of 
those  present  were  too  well  informed  to  be  willing  to  spend 
time  in  discussion. 

The  arrangement  of  the  programme  for  the  Congress  was 
made  by  an  International  Committee  consisting  of  one  repre- 
sentative from  each  nation  represented.  Of  this  Committee 
Mr.  G.  W.  Hastings  was  unanimously  appointed  chairman.  It 
was  thought  well  by  the  International  Committee  not  to  occupy 
the  time  of  the  Congress  by  the  reading  of  papers,  but  to  leave 
such  accounts  as  each  country  had  prepared,  together  with  the 
papers  which  had  been  contributed,  and  a  full  report  of  the 
discussions,  for  publication  in  the  volume  of  Transactions.  At 
the  request  of  the  International  Committee,  I  undertook  to 
edit  this  volume. 

The  International  Committee  gladly  acknowledged  the  great 
obligations  they  were  under  to  the  English  Committee  for  the 
work  of  preparation  for  the  Congress.  This  Committee  was 
presided  over  by  the  Right  Hon.  Sir  Walter  Crofton,  C.B. 

During  the  course  of  the  Congress  an  interesting  lecture  was 
delivered  on  the  life  and  labours  of  Howard  by  the  Rev.  Dr. 
Bellows,  of  New  York. 

The  Congress  was  fortunate  in  having  the  hall  of  the  Hon-- 
ourable  Society  of  the  Middle  Temple  as  its  place  of  meeting. 
No  more  suitable  building  could  have  been  found.  For  permis- 
sion to  use  it  the  English  Committee  was  indebted  to  the 
kindness  of  the  Treasurer,  Sir  Thomas  Chambers,  Q.C.,  M.P., 
and  the  benchers  of  the  society. 

The  International  Committee  received  during  the  Congress 
congratulatory  addresses  from  the  General  Synod  of  the  Re- 
formed Church  of  France;  from  the  Yearly  Meeting  of  the 
*  Society  of  Friends '  in  America ;  and  from  the  Reform  League 
of  New  York.  The  latter  two  contained  suggestions  which 
were  considered  by  the  Committee. 

At  a  soirSe  given  by  the  English  Committee  to  their  foreign 


xvi  PREFACE. 

visitors,  H.R.H.  the  Prince  of  Wales  expressed  his  interest  in 
the  work  of  the  Congress  by  attending.  The  Right  Hon. 
Austin  H.  Bruce,  M.P.,  H.M.  Secretary  of  State  for  the  Home 
Department,  took  the  opportunity  of  attending  the  Congress, 
and  of  giving  an  official  welcome  to  the  foreign  visitors.  His 
remarks  are  given  on  p,  530-2.  The  foreign  members  of  the- 
Congress  are  also  indebted  to  Mr.  Bruce  for  the  fullest  possible 
opportunities  of  visitiug  the  various  prisons  in  these  kingdoms, 
and  of  making  themselves  acquainted  with  their  working, 
opportunities  of  which  most  of  the  prominent  foreign  members 
gladly  and  systematically  availed  themselves  during  two  or 
three  weeks,  and  in  some  cases  longer,  after  the  Congress. 
The  Congress  terminated  with  a  dinner  given  in  the  hall  of  the 
Middle  Temple,  at  which  all  the  foreign  visitors  were  invited 
guests.  At  this  the  Bight  Hon.  Sir  John  S.  Pakington  pre- 
sided, and  thereby  added  one  more  to  many  labours  he  had 
undergone  to  make  the  Congress  a  success. 

It  will,  of  course,  be  readily  understood  that  neither  the 
English  nor  the  International  Committee  is  responsible  for  any 
of  the  opinions  expressed  in  these  pages. 

Of  the  present  volume  I  have  little  to  say,  except  to  express  my 
opinion  that  there  has  never  been  brought  together  such  a  mass 
of  perfectly  unique  matter  on  all  questions  relating  to  prison 
discipline  and  treatment.  It  may  fairly  claim  to  be  the  most 
important  contribution  to  this  department  of  comparative 
criminal  jurisprudence  that  has  yet  been  made. 


Edwin  Peaes, 


I,  Ada3I  Street,  Adelphi,  W.C. 
November  25, 1872. 


CONTENTS. 


XTERXA.TIONAL  EXECUTIVE  G>UMITT£E  . 

liONDON  Executive  Committee  . 

FORKION  KePAE8ENTATIVES 

United  States  KEPBESEirrATiVEs 
Kepresentativb  of  English  Govkunment 
Representatives  of  Justices  or  the  Peace 
Kepbesentatives  of  Prisons 
Kepbesentatives  of  Reformatories 
Representatives  or  Societiks   . 
Preface  ..... 


PAGE 
V 

V 

vi 

•  • 

Vll 

viii 

•  ■  • 

vni 

X 

xi 
xi 

xiii 


PART     I. 
Note  to  Reader  ...... 

QrKSTIONS  to     which    AXSWKTIS   were     REQl'r.sTKI)    BY    EACH   OF    THE  < 
MKNTS   BEPKESENTED    AT  THE   C.)N'(JRESS 

The  actual  Condition  of  the  Prisons  of  various  Counti 

Austria    . 
I3Ei/iir3i  , 
Denmark 
England  . 
France    . 

CrCRM.\NY 

Bavaria 

J*RUS.SIA 

Saxony 

WlRTEMBEnn 

Italy 

3IhXlCO      . 

The  Nktuerijinds 

Norway   . 

Russia 

Sweden    . 

Switzerland 

I'nitkd  States 

The  United  Kinodom 

England 

Ireland 


TOVEHN- 


I  OS. 


1 
I 


•11 

103 

ii:j 

iL'iJ 

i.;g 

l.V.) 
1(0 
177 
180 
UK) 
210 
2.>5 


2'o 
ol8 


a 


XVIU  (X)KTEKTa 


PART    II. 
Proceedings  of  the  Congress,  July  3-13. 

PAOF 

Opening  Address  of  the  President,  the  Eight  lion,  the  Earl  of  Cnrnarvon       30  ( 

Questions  discussed  at  the  Congress j  with  the  Discussions  thereon. 

I.  Wliat  otight  to  be  the  maximum  number  of  prisoners  or  convicts 

detained  in  any  prison ?     .  .  .  .  .37 

II.  Ought  classificatioti  of  prisoners  according  to  character  to  be  con- 
sidered as  the  principal  basis  of  any  penitentiary  system,  whether 
associated  or  separate  ?     ......     376 

III.  Should  the  prison  system  be  regulated  by  Icgislutiro  Act?      .  .381 

IV.  Ought  corponil  punishment  to  be  admitted  in  the  disciplinar}*  code  of 

a  penitentiary  83'stem  ?      .  .  .  .  .  .381 

[  V.  What  should  be  the  kind  and  limit  of  instruction  for  reformatory 

treatment  applied  to  convicts  ?       .  .  .  .  .     39(1 

VI.  Ought  training  schools  for  prison  oflScers  to  be  formed,  and  for  what 

class  of  officers  ?    .  .  .  .  .  .  .     396 

VII.  Ought  transportation  to  be  admitted  as  a  punishment  ?    If  fo,  what 

ought  to  bo  its  nature  ?      ......     401 

VIII.  Ought  the  punishment  of  privation  of  liberty  (imprisonment  in 
gatrre)  to  be  uniform  in  nature,  and  differing  only  in  length  ?  or 
ought  several  kindF,  diflering  in  denomination  and  discipline,  to 
bo  admitted  ?     In  the  latter  case,  what  kinds  are  to  bo  admitted  ?     40G 

]X.  Orght  a  kind  of  imprisonment,  consisting  only  in  a  mere  privation  of 
liberty,  without  obligation  to  work,  and  without  contatt  with 
other  kinds  of  prisonen*,  to  be  admitted  for  special  crimes  not 
implying  any  great  perversity?      .....     408 

X.  Is  it  possible  to  replace  short  imprisonments  and  the  non-pajmcnt  of 

fines  by  forced  labour,  without  privation  of  liberty  ?         .  .410 

XI.  Orght  any  kind  of  privation  of  liberty  to  bo  imposed  for  the  term  of 

natural  lif«  ?  .  .  .  .  .  .  .414 

XII.  What  is  the  best  mode  of  giving  remission  of  sentences  and  regulating 

conditional  discharges?      .  .  .  .  .  .416 

XIII.  Is  the  supervision  of  discharged  prisoners  desirable?  if  so,  what  are 

the  most  efficient  means  of  accomplishing  it?       .  .  .     422 

XIV.  Orght  priFoners  on  rcccnviction  to  be  subjected  to  more  severe  dis- 

ciplinary treatment  than  on  their  first  entrance?  .  .  .424 

XV.  Should  prif on  labcur  be  merely  penal  or  should  it  be  industrial ?       .     427 

XVI.  How  far  should  the  visiting  justices  or  Boards  of  prison  managers 

control  the  administration  of  prisons?      .  .  .  .431 

VII.  Ought  the  government  of  prisons  to  be  placed  wholly  in  the  hands  of 

one  central  authority  ?         ......     432 

VIII.  What  is  the  treatment  likely  to  be  most  effective  for  the  reformation 

of  juT«Dile  offehdert ?         ••»..,     AZIt 


CONTENTS, 

PAQI 

XIX.  Is  it  desirable  to  establish  international  prison  statistics?    And  if  so, 

how  may  this  be  accomplished  ?     .  .  .  .  .    450 

XX.  What  is  the  best  mode  of  giring  aid  to  discharged  prisoners  ?  .     462 

XXI.  What  are  the  best  means  of  securing  the  rehabilitation  of  dischargecl 

prisoners?  .......     465 

XXII.  What  are  the  best  means  of  repressing  criminal  capitalists  ?   .  .461 

XXIII.  Ought  all  penitentiary  systems  to  exclude  all  kinds  of  corporal  pun- 

ishment?   ........     404 

XXIV.  What  ought  to  be  the  maximum  of  imprisonment,  cellular  or  otherwise, 

for  terms  less  than  life?      ......    469 

X.XV.  What  should  be  the  treatment  of  prisoners  before  conviction  ?  .     472 

XXVI.  Is  it  in  the  interest  of  th«  prevention  and  repression  of  crin.e  that 
treaties  of  extradition  sliould  be  concluded  between  civilized 
nations?     ........     474 

XXVII.  Penitentiary  systems.  R*»port  by  M.  Victor  IV)urn4t  (Paris)  of  the 
prt)ceedings  of  the  section  in  which  the  various  penitentiary 
systems  of  Europe  were  explained,  and  their  merits  and  results 
discussed     ....... 


XXVIII.  Pen>itentiary  pystrms  (Erglish  hpeaking  section) 

Ireland  .... 

Scotland  .... 

XXIX.   Borough  and  county  gaols.    Penitentiary  systems 

India  .  .       *      . 

The  United  Stites 

XXX.  Women's  work  in  prison 

Visit  of  the  Home  Secretary 

Aid  to  prisoners  in  Holland 

The  Concluding  Meeting  .  .      ^      . 


474 

493 
493 
497 

500 
609 
513 

520 
530 
533 
534 


PART     III. 

Papers  and  Abstracts  of  Papers  presented  to  the  Congnss, 

Pbison  System  of  India.    Frederick  J.  Moxat,  M.D.  .  547 

,.  „  Cktlox.     H.  J.  Duval         .....  573 

„  „  .Tam AicA.    B.  Shaw  ......  57S 

,,  „  Victoria.    Bight  Hon.  C.  E.  Childers,  M.P.  and  J.  D. 

Wot>D        .......  682 

TiiK  Penal  and   Beformatoby  Ikstititioics  of  the  State  of  Maryland. 
G.  S.  Griffith]  ........    587 

Ohio  Pewitemtiary.    Colonel  Burr       ......    597 

Memorai^duu   on   the  Working    of    tub   Cellular    Stsxex    in  Bbloium. 
M.  Berdrn  and  M.  Stevens    .......     5€S 

MEMOBANDtlC  ON  THE    StATE  OF    PRlSONS    IN    IHB   NETHERLANDS.      M.  PlOOS 

Van  Amstel    .i  .*••••  .    606 


V 


CONTENTS. 

Memobaxdum  ON"  Penal  Legislation  ix  Sweden.    G.  F.  Almqvist   .  .     608 

Prisoners  and  their  Reformation.    Z.  R.  Bbockwat            .            .  .612 

Cumulative  Punishments.    C.  Aspinall,  E.  Lawrence,  S.  G.  Rathbonr  .    623 

The  TREATMEirr  of  Prisoners.    Right  Hon.  Sir  Walter  Croftok,  C.B.  .    629 

'In  what  Kinds  of  Work  should  Pkisonbrs  bb  Employed,  and  what  In- 
ducement SHOULD  BE  offered  THBX  FOB  flTTEADT  INDUSTRY  ?     F.  HiLL        .      635 

Prison  Labour.    C.  Asfinai^l,  E.  Lawrence,  S.  O.  Rathbons  .  .651 

MlSCEI.LANEOUS    ON     CRIMINAL     TrBATMENT.      AnQUS     CrOLL,    EmILLB     BrUSA, 

Hod.  J.  R.  Chandler,  G.  L.  Harrison,  Rev.  J.  W.  Sullivan  .  .654 

Aid  to  Disc'iiargkd  Prisoners.     T.  Ll.  Murray  Browne,  Mrs.  Meredith, 
Rev.  E.  Robin,  Pastor  T.  A.  Delille,  Fobeign  Soctbtibs,  B.  K.  Pierce     .     658 

The  Prevention  of  Juvenile  Chime  in  large  Citif^j.    C.  L.  Brack  .     668 

English  Reformatory  and  Certified  Industrial  Schools  :  their  Pbincipl>:s  l 

AND  Results.    Maby  Carpenter       ......     7w ' 

Criminal  Capitalists.    Edwin  Hill   .  .....     683 

Crimes  of  Passion  and  Crimes  of  Refi.eciion,  vrun  Referenck  to  thkir 
PROPER  Legislative  AND  Penal  Treatment.    Dr.  Bittinger  •  .691 

Prison  Architecture.    31.  V.  Cremieux  .....     695 

Preventive  Police  Organization.    Edwin  Chad  wick,  C.B.    .  .  .696 

A  Description  of  the  Cellular  Prison  at  Bkvchsal  (Badkn).     Hkrr  G. 
Ekert .........  .     704 

Sketch    of    the  fundamental  Principles   of   Prison   Reform    in  Russia. 
Count  SoLLouuu  ..  .  .  .  .  .  .  .710 

Propositions  submitted  to  the  Congress  by  the  American  Delegation  .     723 

Livingston's  System  of  Criminal  Legisijition  .  •  .  .731 

Papers  Contributed      .  •  .  .  .  .  .  .733 

PREVE.vrioN  of  Juvenile  Crisck  and  Tables.     C.  K.  Ford      .  .  .734 

John  Howard  :  his  Life,  Character,  and  Services.    Lecture  by  Rev.  H.  "SV. 
Bellows,  D.D.  .  .  .  .  .  .  .  .730 


TEANSACTIONS 

OF  THE 

INTERNATIONAL  CONGRESS 

02V  THB 

.  PREVENTION  AND  REPRESSION  OF  CRIME, 

nrCLTTDINO 

PENAL  AND  REFORMATORY  TREATMENT, 

LONDON,  JULY  3  TO   13,  1872. 


PAET  I. 

The  readbb  is  requested  to  note : — 

1.  That  this  part  contains  answers  furnished  officially  by  the  governments  of  the 

respective  countries  whose  names  are  appended  to  them,  to  a  uniform  set 
of  questions  submitted  by  the  United  States  Commissioner. 

2.  That  in  the  case  of  Denmark,  Italy,  the  United  States,  and  Saxony,  a  dif- 

ferent arranj^ement  has  been  adopted  in  consequence  of  a  modification 
of  the  original  form  suggested  in  a  circular  letter  from  the  United 
States  National  Committee. 

3.  That  the  order  of  arrangement  of  the  countries  is  alphabetical,  except  that 

the  smaller  States  of  Germany  are  placed  under  the  head  of  Germany. 

4.  That  to  save  space  the  questions  are  printed  separately,  immediately  fol- 

lowing these  memoranda,  and  instead  of  being  repeated  in  the  case  of 
each  country,  the  answers  only  will  be  given  with  numbers  referring 
to  the  questions. 

QUESllONS 

TO  WHICH  A27SWERS  WERE  REQirBSTED  BY  EACH  OF  THE  GOVERNMENTS 

REPRESENTED  AT  THE  CONGRESS. 

1.  Are  all  the  prisons  in  your  country  placed  under  the 
control  of  a  central  authority?  If  so,  does  this  authority 
absorb  all  the  powers  of  administration,  or  does  it  share  them 
with  local  authorities,  and  in  what  proportions  ? 

B 


2  INTERNATIONAL  PRISON  CONGRESS. 

2.  What  is  the  classification  of  your  prisons  ? 

3.  In  what  proportions  are  the  cellular  and  associated  systems 
of  imprisonment  appUed  in  your  country  ? 

4.  What  results  have  been  obtained,  severally,  from  these 
two  systems  ?  Which  of  them  do  you  prefer,  and  what  are  the 
grounds  of  your  preference? 

5.  From  whence  are  the  funds  for  the  support  of  the  prisons 
obtained  ?  What  proportion  of  these  funds  are  yielded  by  the 
labour  of  the  prisoners  ? 

6.  Who  appoints  the  directors  and  other  officers  of  the  prisons, 
and  what  is  their  tenure  of  office  9 

7.  What  special  abilities  and  qualifications  do  you  consider  • 
necessary  in  prison  officers?    Are  the  qualifications  judged 
requisite  actually  possessed  by  the  greater  part  of  these  officers 
in  your  country  ? 

8.  Have  special  schools  been  established  in  your  country  for 
the  education  of  prison  officers  ?  If  such  institutions  do  not 
exist,  would  you  favour  their  establishment,  and  why  9 

9.  What  pension  is  accorded  to  prison  officers  who  have  be- 
come incapacitated  by  age  or  otherwise  to  fulfil  the  duties  of 
their  office  ? 

10.  What  is  the  exact  difference  between  sentences  to  im- 
prisonment, to  reclusion,  and  to  hard  labour  ? 

11.  Does  there  exist  in  your  prisons  a  system  of  classification 
of  the  prisoners  ?  If  so,  how  is  it  applied,  and  what  are  its 
results? 

12.  Can  prisoners,  by  good  conduct  and  industry,  shorten  their 
terms  of  imprisonment,  and  how  is  this  reduction  effected  ? 

13.  Do  your  prisoners  share  in  the  earnings  of  their  labour? 
If  so,  in  what  proportion  ? 

14.  What  other  rewards,  if  any,  are  employed  to  stimulate 
the  zeal  of  the  prisoners  ? 

16.  What  prison  regulations  are  most  frequently  violated? 

16.  What  disciplinary  punishments  are  employed  in  your 
prisons  ? 

17.  Is  an  exact  record  kept  of  these  punishments  ? 

18.  Are  chaplains  provided  in  all  your  prisons,  and  for 
prisoners  of  all  the  different  religions  ? 

19.  What,  in  general,  are  the  duties  of  the  chaplains  ? 

20.  What  importance  do  you  attach  to  religious  instruction 
as  a  means  of  reforming  prisoners  ? 


.  QUESTIONS.  8 

21.  Are  persons  of  botli  sexes,  apart  from  tlie  administratioa 
-of  the  prisons,  permitted  to  labour  for  tlie  moral  amelioration  of 
the  prisoners  ? 

22.  Do  Sunday-schools  exist  in  your  prisons? 

23.  How  often  are  your  prisoners  permitted  to  write  and  to 
receive  letters  ? 

24.  Is  the  correspondence  of  the  prisoners  with  their  friends 
found  to  produce,  upon  the  former,  a  good  or  evil  influence  ? 

25.  Are  the  prisoners  allowed  to  receive  visits  from  their 
friends  ? 

26.  How  are  these  visits  regulated  ?  Is  there  between  the 
prisoner  and  the  visitor  an  ofl&cer  charged  with  listening  to  their 
conversations,  or  is  such  ofl&cer  only  employed  to  observe  their 
persons  without  interfering  with  the  privacy  of  the  interview  ? 

27.  Is  the  moral  influence  of  these  visits  good  or  bad? 

28.  What  is  the  proportion  of  prisoners  who  are  able  to  read 
at  their  commitment? 

29.  Do  schools  for  secular  instruction  exist  in  your  prisons? 

30.  On  what  conditions  and  in  what  proportions  are  prisoners 
permitted  to  attend  these  schools  ? 

31.  What  branches  of  learning  are  taught  in  the  prison 
schools,  and  what  progress  is  made  therein  ? 

32.  Are  libraries  found  in  your  prisons  ?  What  is  the  general 
character  of  the  books  composing  them  ? 

33.  Do  prisoners  read  much?  What  books  do  they  prefer? 
What  influence  does  their  reading  exert  upon  them  ? 

34.  Are  your  prisons  provided  with  a  good  system  of 
sewerage  ? 

35.  How  is  the  water-supply,  as  respects  both  quantity  and 
quality  ? 

36.  Are  your  prisons  well  ventilated  ? 

37.  What  means  are  provided  to  insure  the  cleanliness  of  the 
prisons  ? 

38.  How  is  the  cleanliness  of  the  prisoners  assured? 

39.  How  are  the  water-closets  arranged  ? 

40.  What  system  is  adopted  for  lighting  the  dormitories  and 
^ells? 

41.  How  are  your  prisons  heated  ? 

42.  Of  what  material  are  the  prisoners'  beds  made  ? 

43.  What  bedding  is  provided  for  them  ? 

b2 


4  INTERNATIONAL  PRISON  CONGRESS. 

44.  What  are  the  hours  of  labour,  of  recreation,  and  of  sleep  ?• 

45.  Where  and  how  are  the  diseases  of  prisoners  treated  ? 

46.  What  diseases  ara  naost  frequent  ? 

47.  What  is  the  average  proportion  of  the  sick  ? 

48.  What  is  the  average  death-rate  ? 

49.  Is  there  a  distinction  made  in  your  prisons  between  penal 
and  industrial  labour  ?  What  kinds  of  labour  are  adopted  in  the 
different  prisons  ? 

60.  Is  the  deterrent  effect  of  penal  labour  conspicuous,  as-, 
shown  by  the  diminished  number  of  relapses  ? 

61.  What  is  found  to  be  the  moral  effect  of  penal  labour  upon 
the  prisoners  ? 

52.  What  is  the  effect  of  penal  labour  upon  the  health  of  the 
prisoners  ? 

53.  Is  industrial  labour  in  your  prisons  conducted  by  con- 
tractors or  directed  by  the  administration  itself? 

54.  Which  of  these  two  systems  do  you  prefer  ? 

55.  If  there  are  different  systems  of  contracting  for  the  labour 
of  the  prisoners,  which  do  you  prefer  ? 

56.  What  proportion  of  your  prisoners  are  ignorant  of  a  trade 
at  the  time  of  their  committal  ? 

57.  Do  the  prisoners  learn  a  trade  while  in  prison? 

58.  Is  it  regarded  as  important  that  the  prisoner,  during  his 
incarceration,  be  taught  the  art  of  self-help,  and  how  is  tliis^ 
result  sought  to  be  attained? 

59.  Is  the  frequent  repetition  of  short  imprisonments  for 
minor  offences  found  to  produce  a  good  effect  ? 

60.  What  is  the  proportion  of  recidivists  (reconvicted 
offenders)  ? 

61.  Are  recidivists  sentenced  to  severer  punishments  than 
first  offenders  ? 

62.  Does  imprisonment  for  debt  still  exist  in  your  country  ? 
If  so,  do  imprisoned  debtors  receive  the  same  treatment  as  im- 
prisoned criminals  ? 

63.  What,  in  your  opinion,  are  the  principal  causes  of  crime 
in  your  country  ? 

64.  In  what  proportion  are  the  two  sexes  represented  in  your 
prisons  ? 

66.  Is  the  reformation  of  the  prisoners  made  the  primary^ 
aim  in  the  prisons  of  your  country  ? 


CONDITION  OF  PRISONS.  5 

66.  As  a  matter  of  fact,  do  your  prisouers  in  general  leave 
the  prison  better  or  worse  than  they  entered  it? 

67.  Are  efforts  made  to  aid  liberated  prisoners  in  finding 
work,  and  thus  saving  them  from  a  relapse?  How  is  this 
'done,  and  what  results  have  been  obtained  ? 

68.  Do  prisoners'  aid  societies  exist  in  your  country  ?  Are 
they  numerous  and  active  ?  What  results  have  been  accom- 
plished by  their  labours  ? 

69.  Are  you  satisfied  with  the  penitentiary  sj'stem  of  your 
country?  What  defects,  if  any,  do  you  find  in  it?  What 
changes  or  modifications  would  you  wish  to  see  introduced  ? 


THE  ACTUAL   CONDITION  OF    THE  PRISONS  OF 

VARIOUS  COUNTRIES. 

AUSTEIA. 

These  answers  relate  to  the  Prisons  of  all  the  States  represented  in  the  Austrian 

Heichsrath. 

1.  All  the  prisons  of  Austria  are  under  the  jurisdiction  of  the 
JMinistry  of  Justice,  which,  however,  shares  its  power  of  ad- 
ministration with  local  and  intermediate  (mittal)  authorities  in 
3uch  a  manner  that  all  matters  of  minor  importance,  which  are 
Also  the  most  numerous,  are  attended  to  by  the  local,  and  the 
more  important  by  the  intermediate  authorities,  whilst  only  the 
most  important  are  submitted  to  the  Ministry  of  Justice  for 
•decision.  The  local  authorities  of  each  prison  consist  of  the 
•directors,  and  of  the  ofiicial  district-attorneys  (Staatsanwalte), 
and  district  judges  wlio  aid  them  in  their  local  inspections. 
The  intermediate  (Mittelbehoiden)  authorities  consist  of  the 
iigher  district-attorneys  (Oberstaatsanwalte),  of  the  higher 
district  courts  in  whose  district  the  prisons  are  situated.  For 
the  prisons  of  the  supreme  courts,  the  directors  of  the  courts 
4ict  as  local,  and  the  pr3sidents  of  the  respective  upper  district 
courts  as  intermediate  authorities.  In  prisons  where  the 
cellular  system  is  used,  the  inspection  is  made  by  commissions 
created  in  accordance  with  an  Act  passed  on  April  1st,  1872, 
consisting  of  the  president  of  the  nearest  supreme  court  district- 
a^ttomey  (Staatsanwalte),  a  judicial  councillor,  and  two  persons 
jiot  in  the  service  of  the  State.     This  commission  has  to  visit 


6  CONDITION  OF  PBISONS. 

the  cellular  prison  at  least  once  a  month,  and  its  orders  can 
only  be  interfered  with  by  the  Ministry  of  Justice. 

The  Ministry  of  Justice,  as  the  central  authority  over  all 
prisons,  is  by  law  empowered  to  appoint  an  official  from  its 
office  as  the  representative  of  the  Minister  of  Justice,  and  to 
entrust  him  with  the  supervision  and  guidance  of  all  prisons, 
Since  July  1867,  however,  an  Inspector  General  of  Prisons  has 
been  appointed, 

2.  The  prisons  are  divided  thus:  (a)  Prisons  for  persons 
sentenced  to  more  than  one  year  of  imprisonment.  (6)  Prisons  for 
persons  sentenced  to  less  than  one  year,  which  are  also  used  for 
persons  convicted  of  lighter  offences,  (c)  Prisons  of  the  district 
courts  for  minor  offences.  Separate  prisons  are  used  for  men 
and  for  women. 

On  the  31st  of  December  1871,  there  were  in  the  twelve  prisons 
for  men,  of  class  (a)  8,881  prisoners,  and  in  the  six  prisons 
for  women,  1,539  prisoners.  In  the  sixty-two  prisons  of  class 
(6)  there  were  6,405  men,  698  women.  The  number  of  prisoners 
in  the  prisons  of  class  (c)  of  the  criminal  courts  is  not  published. 

3.  Till  quite  lately  only  the  associated  system  of  imprison- 
ment existed.  The  existing  law  of  May  27,  1852,  still  allows 
the  use  of  the  cell  as  an  additional  punishment.  But  a  pro- 
posal laid  before  the  Reichsrath  by  the  government  in  the  year 
1867  for  a  new  criminal  law  contained  the  proposal  that  all 
punishments  of  every  kind,  so  far  as  the  existing  buildings  would 
permit,  should  be  carried  out  on  the  cellular  system.  This  was 
adopted  by  the  House  of  Deputies  of  the  Eeichsrath  on  July 
19,  1867.  All  new  buildings  since  that  time  have  been  arranged 
in  such  a  manner  that  associated  imprisonment  might  be  com- 
bined with  cellular ;  so  that,  leaving  out  short  imprisonments, 
which  might  be  undergone  entirely  in  cells,  every  prisoner  should 
as  a  rule  spend  the  first  part  of  his  imprisonment,  a  period  of  at 
least  eight  months,  in  a  cell;  the  rest  of  his  imprisonment 
being  carried  out  on  the  collective  system,  regard  being  had  to 
a  strict  classification,  and  to  gradually  bettering  his  treatment 
and  preparing  him  for  liberty. 

There  are  at  present  at  Gratz,  in  a  prison  with  room  for  400^ 
prisoners  on  the  collective  system,  250  cells. 

A  second  cellular  prison  is  being  built  at  Stein.  This  will 
have  room  for  800  men  on  the  collective  system,  and  348  cells 


AUSTKIA.  7 

will  be  btiilt ;  a  third  cellular  prison  is  being  made  for  63  pri- 
soners at  the  penal  establishment  of  Karthans.  Lastly,  there 
will  shortly  be  commenced  the  building  of  a  new  prison  for 
males  at  Pilsen,  which  is  to  hold  378  cells,  and  have  room  for 
456  prisoners  on  the  collective  system. 

Of  the  prisoners  belonging  to  class  (6)  only  that  of  the  court 
of  Cilli  has  been  furnished  with  50  cells. 

From  this  it  will  be  seen  that  the  cellular  system  has  been 
employed  only  on  a  small  scale.  In  prisons  mentioned  above, 
however,  one-third  of  the  prisoners  will  pass  the  whole  of  their 
term  in  the  cells,  whilst  the  other  two-thirds  will  pass  at  least 
the  first  eight  months  of  their  sentences  there. 

In  accordance  with  the  spirit  of  this  arrangement  cellular 
imprisonment  was  regulated  by  the  law  of  April  1st,  which 
amongst  other  matters  limits  the  duration  of  it  to  three  years, 
excludes  imprisonment  for  life  from  the  cellular  system,  and 
fixes  the  reckoning  of  cellular  and  collective  imprisonments  in 
such  manner,  that  as  soon  as  a  prisoner  has  passed  three  months 
uninterruptedly  in  isolation  any  two  days  passed  after  that 
entirely  in  a  cell  are  to  be  counted  as  three  in  the  term  of  his 
sentence. 

4.  Our  experience  is  that  collective  imprisonment  prevents 
individual  treatment,  and  therefore  also  the  improvement  of 
prisoners,  nay,  that  it  makes  a  great  number  of  convicts  worse 
instead  of  better.  This  is  especially  the  case  in  coimtry  prisons, 
where  almost  all  the  prisons  are  very  old,  and  constructed  with 
large  bed  and  workrooms.  It  is  more  difficult  to  keep  up  a 
strict  discipline,  and  to  carry  out  sanitary  arrangements  under 
the  collective  system  than  under  the  cellular.  Although  as  yet 
the  experience  gathered  regarding  cellular  imprisonment  in 
Austria  is  small,  yet  it  cannot  be  denied  that  it  is  free  from  the 
above-named  objections. 

On  the  other  hand,  the  isolated  system  has  this  disadvantage, 
that  it  breaks  the  prisoner's  will  and  makes  him  weak-willed, 
especially  during  a  long  term  of  confinement.  It  thus  unfits  him 
for  withstanding  successfully  the  temptations  surrounding  him 
on  his  return  to  society.  Difference  of  culture  also  gives  a  wide 
difference  of  result  with  the  cellular  system,  and  many  men  are 
utterly  unfitted  for  isolation.  Considering  these  facts,  and  the 
difficulty  of  erecting  within  a  short  time  so  many  new  cell- 


8  CONDITION  OF  PRISONS. 

prisons,  the  Government  thought  it  wise  to  choose  a  middle 
course,  and  to  combine  the  two  systems. 

5.  The  funds  for  the  support  of  the  prisoners  come  from  the 
State.  Here  and  there,  however,  there  exist  small  endow- 
ments in  land  or  money,  revenues  of  which  are  applied  for 
that  purpose.  In  Vienna  there  exists  an  old  arrangement,  by 
which  all  theatres  and  exhibitions  must  contribute  an  annual 
fixed  sum,  of  which  half  is  paid  for  poor  relief,  and  the  other 
half  tp  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  which  goes  to  the  State 
is  set  off  against  the  amount  received  for  prison  labour.  In 
the  year  1869,  the  sum  paid  to  the  State  as  the  product  of 
prison  labour  only  amounted  to  the  fifteenth  part  of  the  sum 
spent  on  prisons  by  the  Government. 

6.  The  Ministry  of  Justice  appoints  the  direction  of  the 
prisons  for  men,  the  inspectors  of  the  prisons  for  women,  the 
superintendent  of  the  financial  department  of  the  prison,  the 
book-keeper,  chaplain  and  doctors. 

The  appointment  of  oflScers,  teachers,  and  inspectors  of  sub- 
ordinate officers  and  warders  depends  upon  whether  the  prison 
belongs  to  class  (6)  or  to  class  (a).  In  the  former  case  it  is  the 
district  attorney,  in  the  latter  the  president  of  court  who  ap- 
points.    Wardens  are  appointed  by  the  local  authorities. 

The  tenure  of  office  is,  as  with  all  servants  of  the  State, 
without  limit. 

7.  Prison  officers,  besides  a  technical  knowledge  of  their 
special  administration,  should  possess  a  good  general  educa- 
tion, have  experience  of  life,  knowledge  of  human  character, 
firmness,  and  a  serious  and  humane  spirit.  The  greater  number 
of  the  officers  employed  at  the  present  time  in  Austria  are  men 
of  this  character. 

8.  Special  training-schools  for  prison  officers  do  not  exist  in 
Austria.  They  might  be  so  far  dispensed  with  as  the  above- 
mentioned  capabilities  and  characteristics  can  scarcely  be  ac- 
quired in  any  special  school,  but  are  rather  the  result  of  a 
general  education  and  experience  in  the  school  of  life.  So  far 
as  regards  the  necessary  experience  for  a  prison  officer,  it  may 
be  acquired  by  a  practical  temporary  service  in  a  prison.  As 
in  every  larger  prison  there  are  one  or  more  officers  who  before 


AUSTRIA.  9 

their  promotion  to  posts  where  independent  action  is  required, 
have  had  opportunities  to  make  themselves  acquainted  with  the 
prison  service,  there  will  always  be  opportunities  of  filling  the 
higher  offices  with  pra<3ticaUy  trained  men. 

9.  The  directors  and  officers  of  State  prisons  receive  when 
incapacitated  the  same  pensions  as  the  other  servants  of  the 
State.  These  pensions  are :  After  more  than  ten  years  of  ser- 
vice one-third,  twenty  years,  one-half,  thirty  years,  two-thirds, 
forty  years,  the  whole  of  their  last  salary. 

If  an  officer  before  serving  ten  years  becomes  incapacitated, 
he  receives  once  for  all  a  sum  of  money  equal  to  his  last  year's 
-salary.  If  he  has  become  incapacitated  by  the  service,  as  if  he 
become  insane  or  blind,  he  receives  a  pension  of  one  quarter  or 
more,  according  to  circumstances,  of  his  last  year's  salary. 

10.  Sentences  of  imprisonment  are  divided  into  (a)  simple 
or  strict  imprisonment  for  serious  offences,  (6)  simple  or  strict 
detention  for  less  serious  offences. 

The  punishment  of  imprisonment  consists  of  the  prisoner 
being  obliged  to  conform,  in  respect  to  clothing  and  food,  to 
the  rules  and  regulations  of  the  prison,  and  doing  work  allotted 
him.  Only  political  criminals  are  absolved  from  compulsory 
labour  and  from  wearing  prison  clothes,  which  last  favour  is 
also  granted  to  persons  who  suffer  simple  imprisonment. 

By  the  punishment  of  strict  detention,  which  corresponds 
probably  to  ordinary  imprisonment  of  other  countries,  the 
prisoner  is  indeed  treated,  in  respect  of  food  and  labour,  accord- 
ing to  the  regidations  of  the  prison,  but  he  is  not  only  excused 
from  wearing  the  prison  dress,  but  the  work  given  him  is  of  a 
light  description. 

Simple  detention  arrest,  lastly,  means  merely  the  locking  up 
of  the  prisoner,  who  has  the  right  to  pay  for  his  own  food  and 
choose  his  own  occupation. 

11.  In  all  prisons  where  the  collective  system  is  followed, 
there  exists  in  the  dormitories  a  classification  of  prisoners. 
For  this  division,  which  should  be  extended  to  the  time  and 
place  where  the  prisoners  take  their  exercise,  the  guide  to  be 
followed  is  age,  education,  state  of  mind,  former  life,  and  the 
kind  of  crime  committed.  Youthful  criminals,  in  particular, 
should  not  be  made  worse  by  contact  with  older  and  hardened 
convicts.     Educated  prisoners  should  not  be  thrown  together 


10  CONDITION  OP  PRISONS. 

with  low  and  rough  fellows.  The  success  of  this  arrangement 
has  hitherto  been  almost  a  negative  one  because  it  has  rather 
shown  the  evil  consequences  of  the  collective  system  than 
positive  results  of  improvement. 

12.  Prisoners  can  by  good  behaviour  and  industry  only  so  far 
contribute  to  a  shortening  of  their  terms  of  imprisonment  as 
they  would  thereby  furnish  reasons  for  being  leniently  dealt  with. 

According  to  Austrian  custom,  a  number  of  prisoners  who 
have  undergone  the  greater  part  of  their  terms  of  imprisonment 
and  have  given  solid  proofs  of  their  improvement,  are  recom- 
mended periodically  for  pardon  to  the  emperor. 

13.  The  prisoners  receive  a  share  of  what  is  earned  by  their 
work.  In  cases  of  private  contracts  all  costs  and  expenses  are 
deducted  from  the  sum  received,  and  of  the  rest  the  prisoners 
receive  one  half  as  their  share. 

In  work  for  the  account  of  the  prison,  the  prisoners  receive 
a  share  according  to  a  fixed  tariff,  which  share  amounts  to 
about  the  same  as  that  for  private  contract.  An  increase  in  their 
share  can  only  be  procured  when  the  quantity  of  the  work  in- 
creases greatly,  or  when  contractors,  on  account  of  the  special 
quality  of  some  of  the  prisoners'  work,  deposit  a  premium  with 
the  prison  direction.  All  this  refers  only  to  prisons  on  the 
collective  system.  In  the  prison  of  Gratz,  in  which  the  cellular 
confinement  is  partly  used,  and  where  each  prisoner  has  his 
daily  fixed  work  prescribed,  the  progressive  system  has  been  in- 
troduced, the  prisoner,  according  to  the  measure  of  his  industry, 
and  regard  being  had  to  the  class  to  which  he  belongs,  having  a 
sum  of  from  two  to  six  Kreuzer  written  to  his  credit  for  every 
satisfactory  day's  work,  and  at  the  end  of  the  month  so  much 
more  as  is  the  value  of  work  done  over  and  above  what  is  pre- 
scribed. 

14.  Besides  the  above-mentioned  rewards  or  earnings,  the 
prisoners  are  permitted,  in  order  to  stimulate  their  industry,  to 
spend  one-half  of  what  stands  written  to  their  credit  (though 
never  more  than  from  sixty  Kreuzer  to  one  florin  twenty  Kreuzer 
per  week)  in  buying  such  articles  of  consumption  as  milk, 
coffee,  wheaten  bread,  cold  meat,  ham,  wine,  beer,  or  tobacco, 
or  they  may  spend  it  in  support  of  their  family,  or  lay  it  out  in 
buying  such  clothes  as  they  will  want  when  leaving  the  prison. 
These  arrangements  have  hitherto  worked  well. 


AUSTRIA.  11 

15.  The  most  frequent  violatioDS  of  prison  rules  are  dis- 
obedience or  rude  behaviour  towards  the  prison  oflBicers,  in- 
fractions of  their  duties  towards  then*  fellow-prisoners,  and 
refusal  of  or  negligence  in  work. 

16.  The  disciplinary  punishments  employed  are :  (tt)  A  re- 
buke, either  in  private  or  before  the  other  prisoners ;  {b)  The  giv- 
ing of  work  either  disagreeable,  heavy,  or  such  for  which  the  pay 
is  small ;  (c)  Temporary  privation  of  favours,  such  as  the  buying 
of  extra  food,  withdrawing  permission  to  correspond,  etc.,  etc. ; 
(d)  A  diet  of  bread  and  water.  This,  however,  is  not  given 
oftener  than  on  three  alternate  days  in  the  week ;  (e)  irons ; 
this,  however,  is  only  done  in  the  case  of  a  particularly  obstinate 
and  violent  prisoner,  or  one  who  incites  others,  or  who  has 
made  an  attempt  or  preparations  for  flight.  This  punishment 
is  only  employed  when  cases  of  great  necessity  require  it; 
(/)  Hard  bed,  that  is,  sacking  instead  of  a  straw  mattress,  or 
bare  boards;  not  oftener,  however,  than  on  three  alternate 
days  of  the  week ;  (g)  Imprisonment  in  a  cell  with  proper  em- 
ployment, and  at  least  two  visits  every  day  from  a  prison 
officer.  This  punishment  does  not  extend  over  a  month,  and  a 
month  also  must  elapse  before  the  same  prisoner  may  receive 
this  punishment  again ;  {h)  Confinement  in  a  dark  cell  for  a 
period  not  exceeding  three  days.  A  week  must  elapse  before 
the  same  prisoner  can  be  put  again  into  the  dark  cell.  A 
prisoner  may  only  undergo  this  punishment  fourteen  days  in 
the  year ;  (i)  Removal  into  another  part  of  the  prison. 

Besides  these  punishments  the  director  of  the  prison  may 
order  the  isolated  confinement  of  any  prisoner  where  it  may 
seem  to  him  absolutely  necessary,  either  on  account  of  a  pri- 
soner exhibiting  great  cunning,  great  moral  degradation,  or 
jeopardising  ph3'sically  or  morally  the  other  prisoners.  For  a 
crime  committed  in  prison  the  offender  is  sent  before  the 
country  or  district  court  of  justice.  The  disciplinary  power 
over  prisoners  from  the  criminal  courts  (gerichtliche),  is  exer- 
cised by  the  president  of  the  court.  He  is  by  law  empowered 
to  punish  prisoners  violating  the  rules  of  the  house  by  putting 
them  in  chains,  stopping  their  food,  ordering  the  hard  bed,, 
isolated  confinement,  or  dark  cell.  These  punishments  can, 
however,  only  be  inflicted  imder  similar  restrictions  to  those 
just  mentioned. 


12  CONDITION  OF  PRISONS. 

1 7.  Not  only  are  exact  records  kept  of  tliese  punishments, 
tut  tliejr  are  also  entered  in  the  memorandum  reserved  for 
«ach  prisoner. 

18.  In  the  prisons  of  all  kinds,  chaplains  and  teachers  of  re- 
ligion are  provided  for  every  denomination,  of  which  there  are 
a  great  number,  among  the  prisoners.  As  by  far  the  greater 
number  of  these  belong  to  the  Soman  Catholic  faith,  one,  or 
^XK^ording  to  circumstances,  more  Soman  Catholic  chaplains 
axe  attached  to  each  prison.  If  there  are  a  great  number  of 
Greek  Catholics,  or  Protestants,  chaplains  of  these  faiths  are 
appointed.  If  the  number  of  prisoners  of  any  particular  de- 
nomination does  not  amount  to  more  than  fifty,  they  are  under 
the  care  of  ministers  who  are  not  appointed  as  chaplains,  but 
who  periodically  visit  the  prisons. 

19.  The  duties  of  the  chaplains  are  :  to  hold  divine  service, 
to  administer  the  Sacrament,  to  give  religious  instruction, 
and  through  the  awakening  of  the  moral  sense  to  aim  at 
reformation.  For  this  purpose  they  are  bound  not  only  to  see 
the  prisoners  at  church  or  school,  but  to  have  intercourse  with 
them  at  other  times,  to  influence  them,  to  guide  their  reading, 
and  to  strengthen  them  by  advice  and  spiritual  counsel  when 
they  leave  the  prison. 

20.  Religious  instruction  is  with  the  greatest  number  of 
prisoners  the  most  effective,  if  not  the  only  means,  to  make 
them  acquainted  with  the  principles  of  morality,  and  to  rescue 
them  from  a  state  of  moral  degradation. 

Many  prisoners  have,  through  crime  and  its  consequences, 
lost  heart,  and  have  fallen  into  despondency  and  even  despair, 
which  renders  them  incapable  of  raising  themselves  by  their 
own  exertion.  This  depressed  state  of  mind  renders  the 
prisoner  callous  to  everything.  With  these  unfortunates  re- 
ligion alone  is  capable  of  reconciling  them  to  God  and  the 
world.  It  alone  is  capable  of  banishing  that  loss  of  all  hope 
which  has  driven  so  many  a  criminal  to  continue  his  course  of 
•crime.  Religious  instruction  is  therefore  indispensable  for  the 
improvement  of  prisoners. 

21.  Persons  unconnected  with  the  prisons  (volunteers),  were 
formerly  not  admitted.  But  the  law  of  April  1st,  1872,  permits 
jnembers  of  such  societies  as  occupy  themselves  with  the  care 
.and  improvement  of  prisoners  to  visit  the  cell-prisons. 


AUSTRIA.  15 

22.  Sunday-schools  may  be  said  to  exist  only  so  far  as  in 
most  prisons  on  all  Sundays  and  Church  festivals,  popular  lec- 
tures are  delivered  on  various  subjects  of  general  interest,  at 
which  the  prisoners  in  turn  are  present, 

23.  With  the  permission  of  the  prison  director,  the  prisoners 
may  at  certain  times  write  to  their  friends  and  receive  letters 
from  them.  Every  such  letter  is  examined  by  the  director, 
and  must  be  countersigned  by  him. 

24.  The  eflfect  of  correspondence  upon  the  prisoner  has  al- 
most always  been  good.  It  maintains  the  relations  still  existing 
between  himself  and  his  family  and  friends,  and  counteracts 
the  evil  influences  arising  from  the  society  of  his  fellow- 
prisoners.  For  many  prisoners,  especially  for  those  suffering 
isolated  confinement,  correspondence  with  their  friends  is  al- 
most their  only  comfort. 

25.  Prisoners  may,  with  the  consent  of  the  governor,  receive 
from  time  to  time  visits  from  their  families  or  friends,  if  these 
stand  in  good  repute,  and  if  there  be  otherwise  no  objection 
to  their  seeing  each  other. 

26.  These  visits  take  place  in  the  conversation  room,  and 
always  in  the  presence  of  an  official.  Sick  prisoners  may  ex* 
ceptionally  be  visited  in  the  infirmary  or  in  their  cells.  In 
every  case  the  conversation  must  be  carried  on  in  a  language 
understood  by  the  official  present,  and  only  on  such  subjects  as 
the  latter  thinks  fit.  Visits  must  never  last  longer  than  half 
an  hour. 

27.  The  moral  effect  of  these  visits  is  generally  good.  The 
same  coliditions  exist  as  in  the  case  of  correspondence. 

28.  Taking  the  prisons  generally,  the  number  of  prisoners 
able  to  read  on  their  entrance  into  prison  were  : — 

per  cent.  per  cent. 

In  18G8 men,  58*5  women,  49*0 

In  1869 „      65-6  „         61-5 

In  1870 „     ^0  „         600 

Average      .        .        .  62-06  6016 

Taking  the  prisons  of  each  country  during  the  same  period,, 
the  numbers  are  as  follows : — 

per  cent.  per  cent. 

Austria  .  .    men,  85-4  women,  77*6 

Bohemia       ....  „      79'4  „        496 


li  CONDITION  OF  PRISONS. 

percent.  peroent. 

Monria  and  Silesia      .        .        .    men,  80*1  women,  63*7 

.Stjria .       „      67-9 

Carinthia „      57*5 

S^acoast  country,  South  Tyrol,  and 

Dalmatia „      36*5 

Galicia ,96  „  4*8 


37*8 


29.  All  prisons  are,  as  a  rule,  provided  with  schools. 

30.  All  prisoners  of  an  age  in  which  instruction  may  be 
received,  and  who  have  no  or  only  a  defective  knowledge  of  the 
subjects  taught  in  the  National  Schools,  are  bound  to  attend 
schooL  As  the  limit  of  the  time  up  to  which  instruction  can 
be  imparted,  the  thirty-fifth  year  is  named. 

81.  The  subjects  taught  are  : — 

Beligion,  reading,  writing,  and  arithmetic,  composition,  the 
elements  of  natural  history  and  physics,  of  geography  and 
history,  drawing  and  geometry.  The  last  two  subjects,  however, 
are  only  taught  in  prisons  in  which  advanced  pupils  are  found, 
who  are  particularly  fitted  for  receiving ,  such  instruction. 
Besides  this,  in  all  the  prisons  for  men,  regular  instruction  in 
vocal  and  instrumental  music  is  given,  but  only  to  such  pri- 
soners as  possess  musical  gifts,  and  who,  on  account  of  their 
good  behaviour,  have  received  permission  to  attend  these  classes. 
The  progress  made  in  the  schools  is,  on  the  Whole,  sa.tisfactory, 
as  60  per  cent,  go  through  the  course  with  perfect  success,  26 
per  cent,  with  partial,  and  only  25  per  cent,  leave  school  and 
prison  without  having  attained  any  proficiency. 

32.  Libraries  have  existed  in  the  prisons  only  during  the  last 
few  years.  The  works  selected  are,  besides  those  of  a  religious 
character,  popular  works  on  history,  geography,  natural  history 
and  physics,  husbandry,  technical  subjects  and  political  economy ; 
books  of  an  entertaining  and  instructive  character,  as  biographies 
of  celebrated  men,  accounts  of  travels,  description  of  customs 
and  manners,  and  moral  tales. 

33.  The  use  of  the  library  is  constantly  increasing.  Those 
who  are  able  to  read  receive  books  for  themselves  ;  for  those  in 
collective  confinement  who  are  unable  to  read,  readers  are  ap- 
pointed. Preference  is  generally  given  to  tales,  travels,  and 
biographical  sketches.  Only  prisoners  of  some  education  ask 
for  books  of  a  liigher  standard.  The  influence  of  this  reading  is 
exceedingly  good,  not  only  because  the  keeping  of  order  and 


AUSTRIA.  15 

•quietness  is  thereby  greatly  assisted,  but  because  tlie  mind  of 
the  reader  is  withdrawn  from  his  everyday  life,  directed  to  new 
objects,  stiiTcd  to  higher  and  better  thoughts,  and  thereby 
unconsciously  ennobled. 

34.  The  system  of  drainage  gives  only  in  very  few  prisons 
occasion  for  complaint.  If  there  are  certain  failings  in  this 
matter,  these  occur  only  in  old  buildings  not  originally 
designed  for  prisons. 

35.  The  quantity  of  water  supplied  differs  according  to  the 
individuality  of  the  prisoner  and  the  season.  In  the  cellular 
prison  each  prison  has  every  day  three  supplies  of  fresh  water 
for  drinking,  each  supply  being  one  Austrian  measure  (  =  l-4iril 
litre).  The  quality  of  the  water  is  nearly  everywhere  good. 
In  the  southern  countries  the  water  during  the  hot  season  is 
not  quite  so  good  as  might  be  wished,  as  many  prisons  there 
draw  their  whole  supply  from  cisterns.  In  these  the  prisoners 
receive  for  the  improvement  of  the  water  a  certain  quantity  of 
vinegar. 

36.  Most  of  the  prisons  are  well  ventilated. 

37.  In  order  to  keep  the  rooms  clean,  they  are  thoroughly 
-cleansed  and  painted  every  year.  The  rooms  and  corridors 
where  the  prisoners  assemble  are  daily  cleaned,  and  the  floors 
scrubbed  with  sand  and  water  at  least  once  a  month.  The 
cleansing  and  disinfecting  of  water-closets  takes  place  eveiy 
day. 

38.  The  prisoners  on  rising  have  to  wash  their  faces  and 
Lands,  comb  their  hair,  and  brush  their  clothes.  Prisoners 
who  have  to  do  dirty  work  must  wash  their  hands  and  face 
as  often  as  is  necessary.  The  body-linen  is  changed  every 
Saturday  night  or  Sunday  morning,  at  which  time  too  the 
prisoners  have  to  clean  their  boots  thoroughly  and  grease 
them.  The  cleaning  of  clothes  and  bedding  takes  place 
while  the  prisoners  are  taking  their  exercise.  The  bed-linen 
is  changed  once  a  month.  The  prisoners  also  take  baths 
from  time  to  time — they  must  have  at  least  four  during  the 
year. 

39.  Prisons  under  the  collective  system  are  furnished  with 
portable  closets,  which  are  placed  behind  a  boarding  in  the 
prison-room,  or  between  the  double  doors  of  the  entrance, 
and  when  they  are  to  be  cleaned  must  be  taken  through  the 


16  CONDITION  OF  PRISONS. 

prison-room.  Only  where  the  work-rooms  are  very  large  there 
are  closets  placed  in  the  immediate  nighbourhood  of  these 
rooms.  Under  the  cellular  arrangement  each  cell  has  a  closet, 
which  stands  under  a  ventilator  reaching  over  the  roof.  This 
closet  can  be  drawn  into  the  cell  and  pushed  out  again  for 
cleansing  purposes  through  a  door. 

40.  The  dormitories  and  cells  are  lighted  either  by  gas  or 
oil ;  most  of  them  by  the  latter. 

41.  The  heating  of  the  prison-room  is  done  partly  by  iron 
stoves,  partly  by  hot  air.  All  cell  prisons  are  heated  by  air, 
with  an  arrangement  which  prevents  the  air  from  being 
deprived  of  the  necessary  quantity  of  moisture. 

42  and  43.  The  bed  of  a  prisoner  in  health  consists  of  a 
straw  sa<;k  or  straw  mattress,  a  pillow  stuflFed  with  straw  or 
African  forest-hair  {grain  iTAfrique),  of  a  single,  or  when  sea- 
son or  climate  requires  it,  double  blanket  and  two  sheets.  The 
sick  prisoners  have  the  same  beds  as  the  others,  but  the  linen 
is  finer,  and  besides  the  blanket  the  patient  receives  a  cotton 
coverlet  sewn  in  linen.  The  bedsteads  are  mostly  of  wood, 
though  in  some  prisons  they  are  of  iron. 

44.  The  prisoners  rise  on  Sundays  and  holidays  at  six  o'clock, 
on  other  days  at  five  during  the  warmer,  but  at  5.30  during  the 
colder  season,  and  retire  every  evening  at  eight.  The  fourteen 
and  a  half  or  fifteen  hours  for  work,  etc.,  are  spent  thus:  one  hour 
and  a  half  for  religious  service,  and  walking  in  the  open  air, 
two  hours  and  a  half  for  meals  and  rest  in  the  prison-rooms  or 
corridors,  ten  and  a  half  or  eleven  hours  for  work.  Prisoners 
who  visit  the  school  spend  in  it  two  hours  of  the  time  given 
to  work  on  the  days  when  there  is  school. 

45.  Sick  prisoners  are  taken  to  the  infirmary  of  the  prison, 
and  there  cared  for  according  to  the  instructions  of  the  doctor. 
The  latter  is  guided  in  his  orders  by  the  rules  and  regulations 
of  the  prison  which  concern  sick  prisoners,  but  in  cases  where 
it  becomes  necessary  he  has  the  right  to  order  such  medicines 
and  articles  of  consumption  as  he  deems  fit  to  prescribe.  The 
nursing  of  the  sick  is  confided  to  prisoners  who  show  them- 
selves worthy  and  fit  for  such  confidence.  These  nurses  are 
placed  under  the  control  of  the  officer  of  the  infirmary.  Pri- 
soners who  only  suffer  from  temporary  ailments  may,  if  the 
doctor  thinks  it  right,  be  treated  in  the  place  they  generally 


AUSTRIA.  17 

live   in.     Prisoners  suffering  from  insanity  are  taken  to  th« 
public  lunatic  asylum. 

46.  The  diseases  most  prevalent  among  prisoners  are  thoso 
of  the  respiratory  and  digestive  organs,  and  diseases  of  the 
skin  and  of  the  cellular  textures.  During  the  years  1868j 
69  and  70,  the  sick  suffered  at  an  average  from  the  following 
diseases : — 

per  cent.  ,  per  cent. 

Respiratory  organs  .        .    men,  227  women,  35'6 

Digestive  organs      .        .        .       ,,21-2  „       17-9 

Skin  diseases,  and  diseases  of 

Cellular  Texture 17-3  „       11-6 

Included  among  the  diseases  of  the  skin  and  of  the  cellular 
textures  is  scurvy,  which,  however,  only  makes  its  appearance 
in  the  prisons  for  men,  and  was  at  the  rate  of  9*2  per  cent,  of 
all  diseases. 

47.  The  average  number  of  sick  during  the  year  1870  and 
1871,  was  as  follows :  In  prisons  of  class  (a)  5*8  per  cent,  of 
men,  6*2  per  cent,  of  women;  of  class  (6)  5*8  per  cent,  of  men/^ 
9*8  per  cent,  of  women. 

48.  During  the  last  two  years  the  cases  of  death  were  a^ 
follows  :  (a)  In  the  ordinary  prisons,  class  (a)  3"3  per  cent,  of 
men,  or  33  per  thousand ;  3*8  per  cent,  of  women,  or  38  per. 
thousand,  (b)  In  the  prisons  of  the  supreme  courts,  class  (6) 
0*71  per  cent,  of  men,  or  71  per  thousand;  0*35  per  cent,  of 
women,  or  35  per  thousand.  The  great  difference  here  can:" 
only  be  explained  by  the  fact  that  in  the  prisons  of  class  (6)  the. 
duration  of  imprisonment  is  only  a  short  one,  being  never  more' 
than  one  year. 

49.  Included  among  disciplinary  pimishments  is  the  giving^^ 
of  disagreeable  and  diflScult  work,  or  work  for  which  the  pay  is^ 
very  small.     Penal  labour,  per  «c,  does  not  exist.     The  kind  of 
labour  most  generally  followed  in  the  prison  varies  greatly,, 
and   includes   shoemaking,   tailoring,   weaving,   carpentering,; 
bookbinding,  smith's  work,  coopering,  the  making  of  buttons, 
gold  frames,  memorandum  and  account  books,  braid-making,  i. 
wood-carving,  sewing  of  gloves,  oakum-picking,  stone-breaking, 
sewing,  knitting,    embroidery,  spinning,   quill    (pen)  making,, 
etc.,  etc.     The  four  last  kinds  of  labour  are  mostly  pursued  by ' 
the  women.  Beside  the  work  performed  within  the  prison  walls^ 
prisoners  who  desire  it,  and  are  sufficiently  trusted,  are  also  r 

0 


18  '."       CONDITION  OF  PRISONS. 

employed  in  open-air  work,  in  the  field  and  garden  as  masons 
and  bricklayers,  as  workmen  at  the  making  of  railways  and  of 
streets,  as  stonebreakers,  etc.  .  Latterly,  the  prisoners  of  the 
supreme  courts  are  very  much  employed  in  work  out  of  doors, 
and  with  beneficial  eflfects  in  two  ways.  First,  because  these 
prisoners,  of  whom  the  greater  part  are  serving  their  first  sen- 
tence, are  thereby  saved  from  the  evil  effects  of  the  collective 
system  of  imprisonment,  and  secondly  their  health  suffers  less, 
and  therefore  also  their  power  of  production  when  at  work  is 
greater.  As  has  been  mentioned  already,  all  the  housework  is 
done  by  prisoners. 

60,  51,  and  52.  These  cannot  be  answered  for  reasons  given 
tmder  answer  to  question  49. 

53.  Where  suitable  contractors  for  prison  labour  are  found 
the  work  is  managed  by  them ;  in  all  other  cases  the  prison 
direction  conducts  it  on  behalf  of  the  State. 

54.  According  to  the  experience  had  in  Austria  contra<;tors* 
work  is  to  be  preferred,  for  it  preserves  the  State  from  great 
loss  and  damage,  which  are  unavoidable  when  the  work  is 
carried  on  by  officials,  and  it  enables  these  officials  to  devote 
themselves  entirely  to  their  proper  duty,  that  is,  the  taking 
cognisance  of  the  individual  while  carrying  out  the  punish- 
ment, which  they  cannot  do  properly  when  they  have  to  pay 
attention  to  the  success  of  the  prison  labour.  With  this  system 
in  operation,  prisoners  after  leaving  the  prison  find  it  much 
easier  to  procure  employment  than  they  would  had  they 
worked  on  account  of  the  State.  Their  technical  advancement 
is  furthered  more  by  contractors  than  by  State  officials.  One 
disadvantage  of  contractors'  work  is,  that  the  prisoners  therebj- 
are  brought  more  into  contact  with  persons  from  without  than 
is  desirable.  But  this  disadvantage  may  be  reduced  to  a 
minimum  by  a  careful  selection  both  of  contractors,  foremen 
and  workmen. 

55.  The  contracts  are  made  either  by  private  arrangement 
or  by  tender.  In  the  latter  case  contractors  are  invited  by 
advertisement  to  send  in  their  offiers.  Althougli  it  is  true  that 
by  such  competition  a  better  price  is  obtained  for  prison  work 
than  by  making  private  contracts,  yet  even  leaving  out  the  fact 
that  invitations  for  tenders  remain  sometimes  without  any  result 
the  direction  of  any  prison  is  by  these  public  contracts  ex- 


AUSTRIA.  19 

ixemely  limited  in  tlie  choice  of  persons,  and  thus  obliged  to 
disregard  important  points  in  prison  discipline.  For  this 
reason  private  contracts  are  to  be  preferred. 

56.  The  number  of  prisoners  who  at  the  time  of  their  com- 
mittal were  ignorant  of  any  trade  were  in  class  (a)  during  the 
last  three  years — men,  8-1  per  cent ;  women,  2jJ*8  per  cent.  As 
regards  the  other  prisons,  we  have  no  statistics. 

57.  Every  prisoner  ignorant  of  a  trade  learns  one  in  prison, 
if  the  length  of  his  term  makes  this  possible ;  in  the  prisons  of 
the  supreme  courts,  class  (?>),  where  the  terms  are  short,  the 
results  are  small.  The  average  number  of  prisoners  that  have 
ttcquired  the  knowledge  of  a  trade  of  which  they  were  ignorant 
when  they  entered  the  prison,  has  been — men,  13*3  per  cent. ; 
women,  35*0  per  cent. 

58.  In  the  Austrian  prisons  attention  is  paid  to  instructing 
the  prisoner  to  judge  of  his  own  capability,  that  he  may  learn 
to  value  it,  and  thereby  to  earn  an  honest  living.  For  this 
purpose  he  is  not  only  taught  the  worth  of  an  honest  life,  but 
he  is  practically  taught  how  to  work,  and  rewarded  for  industry 
by  wages. 

59.  Frequent  repetition  of  short  imprisonments  are  not 
desirable.  They  blind  the  feelings  of  the  person  both  as 
regards  the  punishment  itself,  and  the  degradation  connected 
with  it,  accustom  him  to  the  society  of  the  lazy  vagabonds  who, 
for  the  most  part,  fill  the  prisons  for  small  oflFences,  separate 
him  more  and  more  from  honest  people,  and  only  conduce  to 
make  him  a  confirmed  criminal. 

60.  The  average  number  of  re-convicted  persons  during  the 
years  1868-70  in  persons  of  class  {a)  were — men,  58*7  j)er 
cent. ;  women,  5 1  per  cent.  From  the  other  prisons  we  have 
no  statistics. 

61.  Former  conviction  being  an  aggravating  circumstance 
according  to  Austrian  law,  the  judge  is  obliged  to  give  a 
severer  sentence  to  the  offender  than  to  a  person  never  punished 
before.  This  is  so  even  though  the  crime  or  ofience  be  of  a 
diflferent  class.  A  thief  who  has  abeady  been  punished  twice 
is  to  be  treated  as  a  felon,  when  the  value  of  the  object  stolen 
or  attempted  to  be  stolen,  is  more  than  five  florins.  In  the 
prisons  re-convicted  persons  have  not,  as  a  rule,  to  undergo  a 
more  severe  disciplinary  treatment  than  those  condemned  for 

c  2 


20  CONDITION  OF  PRISONS. 

the  first  time.  la  the  prison  of  Griitz,  liowever,  where  the- 
gradual  system  exists,  those  re-convicted  persons  who  have* 
suffered  imprisonment  for  offences  against  property  in  an  Aus- 
trian prison  and  are  within  a  period  of  ten  years  therefrom 
sent  again  to  prison  for  a  similar  offence,  are  placed  in  the- 
lowest  class  .(where  the  hardest  treatment  is  used)  for  half  their 
term  of  sentence,  in  the  second  for  one  quarter,  and  the  last 
also  for  one  quarter,  whilst  every  other  prisoner  is  placed  in 
each  class  for  one-third  of  his  term. 

62.  Imprisonment  for  debt  was  abolished  by  law  on  May  4thy 
1868,  and  only  a  precautionary  arrest  can  take  place  when  the 
debtor,  whilst  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. 

63.  As  principal  causes  of  crime  in  Austria  may  be  named 
beside  dislike  to  work  and  the  desire  for  luxuries  and  license, 
in  the  country  want  of  education  as  well  as  the  poverty  so 
closely  allied  to  ignorance. 

64.  Male  prisoners  of  class  (a)  are  to  female  prisoners  as  5*1 
are  to  1 ;  in  the  prisons  of  class  (6)  they  are  as  5*9  to  1. 

65.  The  intention  of  imprisonment  is  to  make  the  prisoners 
suffer  that  punishment  to  which  they  by  law  have  been  con- 
demned as  an  expiation  of  their  crime,  and  also  to  lead  them 
back  into  the  path  of  a  law-obeying  and  honest  life.  The 
reformation  of  the  prisoner  is  therefore  not  the  only,  although 
an  important  object. 

66.  Having  regard  to  the  fact,  that  till  quite  lately  all  pri- 
sons in  Austria  were  conducted  on  the  system  of  collective 
imprisonment,  and  that  even  great  diflSculty  was  experienced 
in  properly  classifying  the  prisoners  on  account  of  the  want  of 
proper  accommodation,  it  is  a  sad  fact  that  the  efforts  for  the 
improvement  of  prisoners  have  not  been  attended  with  good 
effect.  If  it  cannot  be  exactly  said  that  the  prisoners  on  their 
liberation  are  worse  than  when  they  entered,  yet  there  are  no- 
proofs  to  confirm  the  contrary,  especially  as  the  number  of  re- 
convictions has  continued  to  be  about  the  same. 

67.  The  hitherto  existing  arrangements  to  procure  work  for 
liberated  prisoners  are  limited  to  this :  that  those  who  have 
learnt  a  trade  in  the  prison  receive,  a  letter  stating  that  they 


AUSTRU.  21 

liave  done  so,  and  those  who  have  shown  themselves  particularly 
attentive,  a  testimonial  to  that  effect.  In  particular  cases 
steps  are  taken  on  the  part  of  the  officials  to  procure  work  for 
those  prisoners  whose  conduct  has  been  exemplary,  and  who 
have  given  proofs  of  firmness.  The  results,  however,  have  been 
too  isolated  for  us  to  be  able  to  give  statistics. 

68.  There  is  only  one  Liberated  Prisoners'  Aid  Society,  and 
this  exists  in  Vienna.  All  efforts  on  the  part  of  the  prison 
directors  to  call  into  existence  similar  societies  elsewhere  have 
been  unsuccessful.  The  want  of  success  which  showed  itself 
formerly  in  the  working  of  these  societies  has  caused  others 
already  existing  to  fail.  The  Society  in  Vienna  limits  its 
operation  to  supporting  liberated  prisoners  till  they  have  found 
occupation,  by  means  of  money,  clothes,  tools,  etc. 

G9.  The  food  of  the  prisoners  is  as  a  rule  sufficient  in  quan- 
tity and  good  in  quality.     It  is  true  that  the  weekly  quantity 
of  meat  (8  ounces  or  140  grammes  of  boiled  beef)  is  not  large. 
As,  however,  the  prisoner  is  permitted  to  buy  extras  with  the  half 
of  his  wages  to  the  value  of  from  1  florin  to  1  florin  20  Kreuzer, 
therefore    also  meat,  so  the  prisoners  have   the  opportunity, 
if  industrious,  of  increasing  the  quantity  of  meat  allowed  to 
them  by  the  regulations.     However,  it  is  desirable — (1)  that 
the  morning's  soup  should  be  introduced  into  all  prisons,  and 
not  only  for  the  sake  of  uniformity  but  for  sanitary  reasons. 
(2).  That  the   extent   of  extras   should  be  lower,  the  meat 
rations,  however,  to  be  at  least  doubled,  so  that  it  should  not  be 
left  to  the  will  of  the  prisoner  whether  he  will  improve  the 
prison  i-ations.     The  system  of  imprisonment  as  it  exists  in 
Austria  suffers  from  the  fact  that  there  is  too  great  a  uniformity 
in   the  punishment,  and  that  there  is  not  a  prison  for  each 
kind  of  punishment.     This  interferes  with  the  effect  of  the 
various  kinds  of  punishment,  especially  with  those  of  a  strict 
character.     To  remedy  this  it  would  be  desirable  (a)  To  lessen 
the   various  kinds  of  punishment  and,  if  possible,  to  reduce 
them  to  three:  1.  Penal  servitude  or  forced  labour,  or  isolated 
prison.      2.  Imprisonment.      3.  Simple    detention.      (6)  That 
every  one  of  these  punishments  be  characterised  by  striking 
differences  both  in  ^he  keep  and  treatment  of  the  prisoner. 
■  (c)  That  every  kind  of  punishment  be  undergone  in  a  different 
prison. 


22  CONDITION   OF  PRISONS. 


BELGIUM. 

1.  All  the  prisons  of  Belgium  are  under  the  jurisdiction  of 
the  minister  of  justice.  The  penitentiary  of  Louvain  has  a 
commission  charged  with  the  inspection  and  supervision  of  that 
establishment.  There  are  also  commissions  charged  with  the 
general  supervision  of  the  other  prisons,  and  constituting  ad- 
ministrative boards,  invested  with  the  right  of  investigating 
and  redressing  abuses,  of  proposing  and  introducing  reforms 
to  the  advantage  of  the  service,  of  granting  to  the  emjylojfes 
leave  of  absence  for  five  days,  and  of  imposing  upon  them 
certain  disciplinary  punishments. 

2.  Near  the  tribunals  of  primary  jurisdiction  are  houses  of 
arrest  for  prisoners  awaiting  examination ;  near  the  courts  of 
justice,  for  prisoners  awaiting  trial ;  near  every  court-martial 
there  is  a  provostal  prison  for  military  prisoners  awaiting  ex- 
amination or  trial.  In  all  the  houses  of  arrest  are  found  apart- 
ments for  the  punishment  of  convicts  not  sentenced  to  the 
central  prisons.  Juveniles  of  both  sexes  acquitted  as  having 
acted  without  knowledge,  and  placed  under  the  care  of  the 
Government  for  a  definite  period,  are  sent  to  houses  of  refuge. 

3.  Of  the  twenty-six  prisons  in  the  kingdom,  eighteen  aro 
conducted  upon  the  cellular  system,  not  including  two  cellular 
wards  in  the  city  of  Brussels  and  in  the  central  prison  of  Ghent. 
Of  the  six  congregate  prisons,  four  are  undergoing  alterations 
to  adapt  them  to  the  system  of  separate  imprisonment. 

4.  For  answer  to  the  fourth  question,  which  calls  for  the 
results  obtained  by  these  two  systems,  the  reply  of  the  Govern- 
ment refers  to  a  report  made  to  the  minister  of  justice  by  the 
administrator  of  prisons  on  December  31st,  18G9  (see  in  a 
later  page  an  abstract  of  this  report).  The  writer  of  the 
oiBcial  reply  having  made  this  reference,  goes  on  to  say  :  The 
Belgian  Legislature  has  given  its  preference  to  the  cellular 
system,  because  it  renders  repression  more  efiicacious,  and 
because  the  reformation  of  the  convict  is  thereby  better 
assured. 

5.  The  funds  needed  for  the  support  of  the  prisons  are 
derived  from  the  same  source  as  the  funds  required  for  the 
other  departments  of  the  public  service.      The  cost  of  each 


BELGIUM.  23 

day's  support  is  counted  in  gross,  without  taking  account  of 
the  product  of  the  prison  labour,  which  is  turned  over  to  the 
treasury. 

6.  The  appointment  of  the  directors  and  assistant  directors 
is  by  royal  decree.  The  other  functionaries  and  employes  of 
the  prison  are  named  by  the  minister  of  justice.  There  is  no 
limit  to  the  tenure  of  office :  it  belongs  to  the  Government  to 
judge  whether  the  functionary  ought  to  be  retained  or  dis- 
missed. 

7.  The  chief  of  a  penitentiary  establishment  ought  to  be 
thoroughly  a^cquainted  with  all  the  machinery  of  the  service, 
whether  relating  to  the  moral,  disciplinary,  economic,  or  indus- 
trial administration.  He  should  be  able  to  conduct  the  govern- 
ment and  discipline  of  the  prison  without  extraneous  aid,  and 
to  understand  that  the  care  which  he  is  obliged  to  give  to  the 
material  part  of  his  establishment  ought  not  to  be  to  the  pre- 
judice of  the  zeal  due  from  him  to  the  moral  part;  and  he 
should  possess  in  a  high  degree  the  attribute  of  probity.  The 
director  of  a  cellular  prison,  and  especially  of  a  penal  cellular 
prison,  h*as,  so  to  speak,  the  charge  of  souls.  He  must  be,  at 
the  same  time,  good,  just,  firm,  intelligent,  conciliatory;  he 
must  comprehend  the  whole  extent  of  his  duties;  he  must 
know  men,  and  particularly  criminals;  he  must  be  able  to 
command  respect  and  to  secure  submissiou  to  his  authority 
from  all  without  opposition.  Above  all,  he  must  be  animated 
by  sentiments  profoundly  religious,  for  Christian  devotion  alone 
can  sustain  him  in  the  path  of  his  duty  and  give  him  the  force 
and  the  perseverance  necessary  to  overcome  the  obstacles  which 
cannot  fail  to  obstruct  his  progress.  The  keepers  are  moral 
agents;  they  must,  like  all  the  other  members  of  the  staff, 
offer  guarantees  of  morality,  intelligence,  zeal,  and  humanity. 
Their  special  service  requires  that  they  be  in  the  vigour  of  their 
age  (they  should  not  be  admitted  before  the  age  of  twenty-seven 
years),  that  they  have  good  health  and  a  robust  temperament; 
that  they  possess  an  energetic  character;  that  they  have  a 
good  primary  education,  and,  if  possible,  the  knowledge  of  one 
of  the  trades  followed  in  the  prison,  so  that  they  may  be  able 
to  teach  it  to  the  prisoners.  Finally,  they  should  have  a 
complete  and  accurate  knowledge  of  the  regulations,  whose 
practical  application  is  confided  to  them. 

•c4 


24  CONDITION  OF  PRISONS. 

8.  Special  training  schools  are  indispensable  only  for  keepers^ 
who  generally  enter  on  their  functions  without  being  prepared 
for  the  mission  which  they  have  to  fuLSl.  A  school  for  keepers 
has  existed  for  some  years  in  the  penitentiary  of  Louvain.  The 
directors  are  recruited  from  the  personnel  of  the  administration, 
where,  in  passing  through  the  diflferent  grades,  they  have  necec- 
sarily  acquired  the  requisite  knowledge.  Special  examinations 
are  a  condition  precedent  to  their  appointment. 

9.  The  pension  granted  to  directors  and  employes  who  have 
become  incapacitated  for  a  further  discharge  of  their  duties  is 
regulated  upon  the  footing  of  the  average  salary  of  their  last 
five  years  of  service,  a  salary  determined  by  the  whole  number 
of  their  years  of  service.  In  regard  to  the  pension  allowed 
them  on  retirement,  they  are  placed  on  the  same  footing  as  all 
the  other  functionaries  belonging  to  the  public  administration. 

10.  The  difference  between  prisoners  sentenced  to  simple  im- 
prisonment, to  reclusion,  and  to  hard  labour,  is,  that  the  first  are 
confined  in  houses  of  correction  ;  the  second,  in  houses  of  reclu- 
sion ;  the  third,  in  convict  prisons.  The  duration  of  correctional 
imprisonment  is  from  eight  days  to  five  years ;  that  of  reclusion, 
from  five  to  ten  years ;  that  of  hard  labour,  when  the  sentence 
is  not  for  life,  from  ten  to  fifteen  years,  or  from  fifteen  to  twenty 
years.  Of  the  product  of  their  labour,  there  is  allowed  to  cor- 
rectionals,  five- tenths;  to  reclusionaries,  four-tenths;  and  to 
prisoners  sentenced  to  hard  labour,  three-tenths.  The  privilege 
of  receiving  visits,  and  of  writing  letters,  is  accorded  to  correc- 
tionals  every  fifteen  days  ;  to  reclusionaries,  once  a  month ;  and 
to  those  sentenced  to  hard  labour,  every  two  months. 

11.  As  regards  the  classification  of  prisoners  :  In  the  congre- 
gate penal  prisons,  the  prisoners  are  divided  into  three  classes. 
The  first  class  comprises  prisoners  whose  antecedents  are  the 
most  unfavourable,  and  whose  conduct  is  bad.  This  class  bears 
the  name  of  punishment  division  {division  depunition).  The 
second  comprises  prisoners  whose  antecedents,  without  being 
decidedly  unfavourable  and  their  conclnct  absolutely  bad,  have, 
nevertheless,  need  to  be  subjected  to  a  probation,  longer  or 
shorter,  before  being  definitively  classed.  This  class  has  the 
name  of  probation  division  {division  d^epreuve).  The  third  is 
composed  of  prisoners  who,  by  their  antecedents  or  their  good 
conduct  in  the  penitentiary,  have  claim  to  a  special  distinction. 


BELGIUM.  26 

This  class  bears  the  name  of  recompense  division  {division  de 
rScompense).  These'  three  classes,  although  subjected  to  the 
same  rigime  and  the  same  exercises,  are  nevertheless  the  objects 
of  special  distinctions.  In  order  to  be  able  to  recognise  the 
prisoners  who  belong  to  each,  a  distinctive  mark  in  the  clothing 
is  adopted  for  each  division.  The  prisoners  of  the  punishinent 
division  are  subjected  to  the  most  painful  labours,  are  deprived 
of  the  cardincy  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  passage  from  one  division  into  another  is  determined  by 
the  administrative  commission,  on  the  proposal  of  the  director. 
To  this  end  the  records  of  conduct  and  of  punishment  are  con- 
sulted. The  examination  for  classification  takes  place  during 
the  first  third  of  «ach  year,  unless  made  necessary  oftener  by 
exceptional  circumstances  resulting  from  overcrowding  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  circum- 
stances revealed  on  the  occasion  of  his  conviction,  and  the  notes 
which  are  forwarded  by  the  courts.  This  classification  is,  so  to 
speak,  the  only  possible  one  in  the  great  congregate  peniten- 
tiaries ;  but  to  obtain  the  most  satisfactory  results,  in  a  dis- 
•ciplinary  and  moral  point  of  view,  it  would  be  necessary  to 
appropriate  special  wards  to  different  classes. 

12.  The  regulations  relating  to  the  penitentiaries  authorise 
the  administrative  boards  and  those  of  the  inspection  of  prisons 
to  address  to  the  minister  of  justice  propositions  of  clemency, 
or  of  reductions  of  punishment,  in  favour  of  prisoners  who  dis- 
tinguish themselves  by  their  good  conduct,  or  who,  as  the  result 
of  special  circumstances,  seem  worthy  to  be  recommended  to 
the  royal  clemency. 

13.  As  regards  the  participation  by  prisoners  in  their  earn- 
ings :  Prisoners  receive  a  part  of  the  earnings  resulting  from 
their  labour.  This  part  is  three-tenths  for  those  sentenced  to 
hard  labour,  four-tenths  for  those  sentenced  to  reclusion,  and 
five-tenths  for  those  sentenced  correctionally.  This  proportion 
cannot  be  increased. 

14.  Other  awards  decreed  to  good  conduct,  to  diligence,  to 


26  CX)NDITIOK  OF  PRISONS. 

zeal  and  progress  in  labour  and  school,  to  meritorions  actions 
of  whatever  kind,  are  the  following :  1.  Admission  to  places  of 
trust,  to  domestic  service,  and  to  certain  exceptional  labours. 

2.  An  increase  of  the  privilege  of  visits  and  of  correspondence. 
8.  Permission  to  make  use  of  tobacco,  in  the  form  of  snufiF,  or 
by  smoking  it,  save  that  the  use  in  this  latter  form  is  limited 
to  the  time  of  promenade  in  the  exercise  yards.  4.  The  grant 
pf  certain  diversions  and  alleviations,  such  as  the  gift  of  books, 
of  engravings,  of  tools,  of  useful  objects,  etc.  5.  Propositions 
of  clemency  and  of  reduction  of  punishment.  No.  3  applies 
only  to  cellular  penal  prisgns ;  the  use  of  tobacco  is  absolutely 
forbidden  in  the  penitentiary  of  Ghent. 

15.  The  most  frequent  violation  of  prison  rules  are^  in  the 
cellular  prisons,  communications  or  attempted  communications, 
verbal  or  by  writing.  In  the  congregate  prisons  they  are  infrac- 
tions of  the  rule  of  silence  and  traffic. 

16.  The  following  are  the  disciplinary  punishments  in  use : 
1.  Privation  of  work,  of  reading,  of  gratuities,  of  the  cantitie,  of 
visits,  of  correspondence,  and  of  other  indulgences  granted  in 
pursuance  of  the  regulations.     2.  A  diet  of  bread  and  water. 

3.  Confinement  in  a  special  cell,  or  in  a  dark  cell,  with  or  with- 
out the  bread  and  water  diet.  4.  The  withdrawal  of  rewards 
which  might  otherwise  have  been  granted. 

17.  All  disciplinary  punishments  are  recorded  in  a  special 
register,  together  with  the  causes  for  which  they  were  inflicted. 
The  oflFences  committed  and  the  punishments  administered  are 
also  placed  in  the  moral  account  opened  with  each  prisoner. 

18  and  19.  Chaplains  are  provided  in  all  the  prisons  and  for 
all  religions.  They  preside  at  all  the  different  services  and 
exercises  of  worship,  and  over  all  religious  instruction ;  they 
visit  the  prisoners  in  their  cells  and  give  them  counsel  and 
consolations ;  they  urge  them  to  a  conscientious  performance 
of  their  religious  duties ;  they  direct  their  reading ;  they 
hear  their  confessions,  preach  to  them,  give  special  instruction 
to  those  who  are  ignorant  of  the  essential  truths  of  religion, 
and  fulfil  toward  them  all  the  duties  of  their  ministry. 

20.  The  Government  has  always  attached  the  greatest  impor- 
tance to  religious  instruction  as  a  means  of  reformation,  and 
has  given  to  it  the  most  complete  organization  possible,  and 


BELGIUM.  27 

every  facility  is  given  to  the  prisoners  for  the  performance  of 
their  religious  duties. 

21.  The  administration  has  declared  in  the  regulations  relat- 
ing to  penitentiaries  that  it  would  encourage  and  facilitate  the 
formation  of  associations  of  persons  of  both  sexes,  with  a  view 
to  offer  counsel  and  consolation  to  the  prisoners,  to  watch 
over  their  interests  and  those  of  theii*  families,  and  to  facilitate 
their  re-entrance  into  society.  But  no  such  association  has 
yet  been  organised,  nor  has  even  any  private  person  ever  offered 
himself  for  the  performance  of  such  services. 

22.  Sunday-schools  have  never  been  established  in  Belgium. 
The  administration  has  no  need  of  such  schools,  because  schools 
are  held  daily  during  the  week. 

23.  In  regard  to  correspondence :  Except  by  special  autho- 
risation of  the  director  in  urgent  cases,  or  when  the  privilege  is 
granted  as  a  reward  for  good  conduct,  prisoners  can  write  or 
receive  only  one  letter  each  every  fortnight,  when  they  are 
sentenced  to  correctional  imprisonment ;  every  month,  when 
they  are  sentenced  to  reclusion ;  and  every  two  months,  when 
they  are  sentenced  to  hard  labour. 

24.  To  the  question,  whether  the  correspondence  of  prisoners 
with  their  friends  exerts  a  good  or  evil  influence  upon  them, 
we  reply :  The  effect  is  evidently  good.  It  maintains  or  renews 
the  ties  of  family,  and  exercises  a  favourable  influence  upon 
the  prisoners.  It  also  aids  the  oflSicers  in  the  study  of  their 
character. 

25.  26,  and  27.  The  prisoners  are  permitted  to  receive  the 
visits  of  their  relatives  :  father,  mother,  husband,  wife,  cliildren, 
brothers,  sisters,  uncles,  aunts,  and  guardians,  on  the  produc- 
tion of  a  certificate  granted  by  the  local  authority  of  the  places 
where  they  reside,  authenticating  their  identity.  No  other  visits 
are  permitted  except  upon  a  written  order  of  the  superior 
administration,  of  the  governor  of  the  province,  or  of  the  presi- 
dent or  one  of  the  members  of  the  commission  specially  delegated 
to  this  effect.  In  the  penal  prisons  more  particularly,  these 
visits  take  place  in  the  conversation-rooms,  in  presence  of  a 
keeper.  This  officer  observes  the  persons  of  the  prisoner  and 
the  visitor,  without  interfering  with  the  privacy  of  the  interview. 
The  moral  effect  of  these  visits  is  generally  good.     There  are 


28  CONDITION  OF  PRISONS. 

rare  cases,  it  is  true,  where  sucli  visits  have  produced  an  effect 
morally  unfavourable. 

28-  More  than  one-half  of  the  prisoners,  that  is  to  say,  alK)iit 
51  per  cent.,  are  able  to  read  on  their  admission  to  the  prisons. 

29.  Every  prison,  with  a  population  of  fifty  inmates  or  more, 
is  provided  with  a  school,  properly  so  called,  or  with  a  teaching 
lecturer. 

30.  At  the  penitentiary  of  Lonvain  attendance  upon  the 
school  is  obligatory  for  all  the  prisoners,  except  on  a  dispen- 
sation for  cause,  granted  by  the  director  of  the  establishment. 
At  the  penitentiary  of  Ghent,  appropriated  to  a  class  of  rcclu- 
^ionaries  and  of  prisoners  sentenced  to  hard  labour,  attendance 
at  school  is  obligatory  for  all  prisoners  under  thirty  years  of 
age ;  it  is  permitted  to  prisoners  who  have  passed  that  age ; 
but  these  latter,  once  admitted,  can  withdraw  themselves  from 
the  school  only  with  the  assent  of  the  administrative  commis- 
sion. In  other  prisons  provided  with  a  school,  attendance 
thereupon  is  obligatory,  1st.  For  prisoners  sentenced  to  six 
months  and  over,  and  those  who  have  not  attained  their  fortieth 
year ;  2nd.  For  juvenile  delinquents,  whatever  may  have  been 
the  cause  of  their  imprisonment.  Attendance  on  the  school  is 
permitted  to  the  other  prisoners. 

31 .  The  instruction  given  in  the  penitentiary  schools  includes : 
1.  Religion,  which  is  taught  by  the  chaplains,  or  under  their 
immediate  direction ;  2.  Morals ;  3.  Reading ;  4.  Writing ; 
6.  Arithmetic  ;  6.  Elementary  notions  of  grammar,  history,  and 
geography,  particularly  the  history  and  geography  of  Bel- 
gium; 7.  The  elements  of  geometry  and  linear  drawing  in 
their  relations  with  trades,  as  well  as  other  branches  of  a 
practical  utility.  Great  progress  is  made  by  the  prisoners  in 
these  studies. 

32.  Libraries  are  found  in  all  the  prisons  of  Belgium.  They 
contain  three  classes  of  works,  which  meet  three  several  wants 
— that  of  reforming  the  prisoners,  that  of  instructing  them,  and 
that  of  diverting  their  minds  by  reading  at  once  entertaining, 
moral,  and  instructive. 

33.  The  prisoners  are  very  fond  of  reading,  and  spend  much 
time  in  that  employment.  Their  choice  of  books  depends  on 
their  degree  of  instruction  and  education.  The  preference  is 
generally   given  by  them  to   works  containing  tales  and  ad- 


BELGIUM.  29 

ventures  of  travellers,  pictorial  magazines,  and  some  of  the 
romances  of  Conscience,  of  Snieders,  and  of  Dickens,  the  first 
two  being  Flemish  authors.  The  influence  of  these  readings  is 
excellent,  and  the  formation  of  prison  libraries  cannot  be  made 
with  too  much  care  and  discrimination.  The  prison  library 
ought  to  embrace  three  classes  of  works  :  those  of  a  pious  and 
religious  character,  those  of  an  instructive  character,  and  those 
of  an  entertaining  character,  but  haying  at  the  same  time  a 
moral  and  educational  tendency. 

34-  The  sanitary  state  of  the  Belgian  prisons  is  good.  The- 
drains  for  waste  water  and  night-soil  are  cleansed  every  week 
by  a  strong  current  rushing  through  them,  so  that  no  emana- 
tion dangerous  to  health  can  ever  issue  therefrom. 

35.  As  regards  the  water  supply,  each  prisoner  in  the  cellular 
prisons  has  daily  at  his  disposal  from  12  to  15  litres  of  potable 
water.     The  water  supplied  to  the  prisoners  is  of  good  quality. 

36.  The  ventilation  and  heating  of  the  cells  being  intimately 
connected,  it  will  be  proper  to  speak  of  both  under  the  same 
head.  The  apparatus  for  heating  is  placed  in  the  cellar.  The 
fire  is  made  in  the  centre  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  chimney 
{cJieminee  d^appel)  appropriated  to  each  apparatus.  This  reser- 
voir is  fed  by  six  pipes,  which  traverse  horizontally  each  range 
of  cells,  returning  afterward,  by  the  same  passage,  to  the  prin- 
cipal apparatus.  Two  pipes,  filled  with  hot  water,  thus  pass 
into  all  the  cells.  They  are  placed  in  a  horizontal  conduit  run- 
ning along  the  floor,  close  to  the  exterior  wall.  These  conduits, 
covered  with  a  plate  of  perforated  iron,  form  for  each  cell  a 
Kttle  reservoir  of  heat.  Thus  the  caloric  is  utilised  just  where^ 
its  action  is  required,  since  it  is  precisely  in  the  cells  that  it 
disengages  itself,  supplying  each  with  an  equal  quantity.  Its 
centre  of  radiation  is  in  the  cell  itself.  Here  is  found  the  first 
divergence  from  the  English  system  of  heating,  and  the  caloric 
cannot,  as  in  that  system,  concentrate  itself  against  the  open- 
ing of  a  great  conduit  situated  in  the  basement.  Let  us  ex- 
amine now  the  mode  of  introducing  fresh  air.  This  introduc- 
tion is  two-fold.     In  the  first  place,  there  is  inserted  in  the 


80  CONDITION  OF  PRISONS. 

window  a  ventilator  of  30  centimetres  (about  12  inches)  in 
height  and  44  centimetres  (equal  to  17^  inches)  in  breadth, 
through  which  the  fresh  air  is  introduced  directly  into  the  cell, 
without  having  come  m  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  notod  that  the  reser- 
voir 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  off  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  pipe,  which 
runs  horizontally  under  the  roof,  discharging  its  contents  into 
a  vertical  chimney,  at  the  bottom  of  which  is  situated  the  reser- 
voir which  receives  the  hot  water  of  the  furnace,  whose  smoke- 
pipe  also  traverses  the  chimney.     This  system  of  ventilation 
works  naturally  and  without  mechanism  of  any  kind. 

37.  The  cleanliness  of  the  prisons  is  insured  by  the  following 
measures : 

An  active  ventilation  incessantly  purifies  the  different  parts 
of  the  penitentiary  establishment,  throughout  which  there  is 
always  diffused  a  fresh  and  agreeable  atmosphere.     A  clean- 
liness the  most  minute  is  continually  maintained.     The  daily 
cleauing  of  the  premises,  the  varnishing  of  the  pavement  of  the 
cells  by  means  of  a  special  process,  and  the  waxing  of  the  floors 
and  the  pavements  of  the  galleries,  have  made  it  possible  to 
give  up  washing  with  water,  which  is  attended  with  great  in- 
convenience.    The  walls  of  the  cells,  galleries,  &c.,  are  washed 
of  a  stone-colour  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  inclosure  of  the 
establishment,  and  all  necessary  measures  are  taken  to  have 
the  rain-water  speedily  carried  off  fi'om  the  premises.     In  sum- 
mer,  fumigations   are   made   every  morning.     They  are   less 


BELGIUM. 

necessary  in  winter,  and  are,  consequently,  less  frequent  during 
that  season  of  the  year. 

38.  To  insure  personal  cleanliness  on  the  part  of  the  pri- 
soners the  hair  is  required  to  be  kept  short;  whiskers, moustache, 
&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. 

39.  As  regards  the  arrangement  of  the  water-closets,  two 
good  systems  are  in  use-  —movable  vessels  and  fixed  seats,  with 
a  pressure  of  water.  This  last  deserves  the  preference,  par- 
ticularly in  penal  prisons. 

40.  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  the  outside,  under  the  control  of  the 
keeper.  The  consumption  of  gas  is  39  litres  per  burner  each 
hour. 

41.  The  system  of  heating  has  already  been  described. 

42  and  43.  The  use  of  the  hammock  has  been  given  up,  hav- 
ing been  replaced  in  the  cellular  prisons  by  an  iron  table  bed- 
stead. 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  woollen  blankets,  and  two 
pairs  of  sheets.  The  mattress  and  the  bolster  are  made  of  ten 
kilogrammes  of  sea-weed. 

44.  [This  question  is  answered  by  referring  to  the  special 
regulations  of  the  central  prison  of  Louvain,  an  account  of 
which  appears  farther  on  in  the  volume.] 

45.  "With  regard  to  the  treatment  of  sick  prisoners :  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  metres,  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  fumiga- 
tions, the  change  of  linen  and  of  bedding — in  a  word,  all  desira- 


32  CONDITION  OF     PRISONS. 

ble  attentions  are  accorded  to  the  sick.  Independently  of  the 
assiduous  attentions  of  which  the  sick  are  made  the  object, 
they  are  regularly  visited,  at  least  once  an  liour,  and  can,  at 
any  time,  call  upon  the  nurses  by  means  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.  Experience 
proves  that  prisoners  are  better  treated  in  an  infirmary  cell 
than  in  a  common  infirmary.  ^Vhen  the  service  permits  it,  the 
doors  of  the  cells  are  left  open.  In  this  arrangement  there  is 
a  moiul  and  physical  advantage.  The  rule  of  separation,  which 
is  the  foundation  of  the  penitentiary  system,  is  not  violated  f 
and  the  prisoners  have  not  under  their  eyes,  during  their  sick- 
ness, the  spectacle  of  other  suffering. 

46.  The  most  common  disease  in  cellular  as  in  associated  im- 
prisonment  is  phthisis ;  de6ciency  of  blood  is  equally  frequent. 
Caries  of  the  ribs  and  the  sternum,  diseases  rare  in  free  life, 
are  frequent  in  that  one  of  our  penitentiaries  which  is  not 
cellular. 

47.  Eegarding  the  percentage  of  the  sick,  we  give  the 
figures  taken  from  the  statistics  of  1870  :  Average  population 
of  penitentiary  of  Ghent,  754 ;  number  of  days  spent  in  the  in- 
firmary, 14,503 ;  average  poi)ulation  of  penitentiary  of  Louvain, 
515;  number  of  days  spent  in  the  infirmary,  1,157.  All  the 
prisons  together,  during  the  same  year,  furnished  the  following 
results :  Days  of  imprisonment,  1,916,949 ;  days  of  sickness,. 
52,554;  giving  a  percentage  of  2*74. 

48.  Death-rate.  "We  give  the  figures  taken  from  the  statistics 
of  1870:  Average  population  of  penitentiary  of  Ghent,  750; 
number  of  deaths,  37 ;  average  population  of  penitentiary  of 
Louvain,  515 ;  number  of  deaths,  6.  It  is  worthy  of  remark 
that  prisoners  sentenced  to  hard  labour  for  life  undergo  their 
punishment  in  the  penitentiary  of  Ghent.  The  average  aggre- 
gate population  of  all  the  prisons  was :  Prisoners,  6,251 ; 
deaths,  93  ;  being  a  percentage  of  1*77. 

49.  Penal,  as  distinguished  from  industrial  labour,  does  not 
exist  in  the  prisons  of  Belgium.  The  industrial  occupations,^ 
expressed  by  the  designations  of  the  persons  engaged  in 
them,  are :  Copyists,  lithographers  of  autographs,  office  boys, 
dyers,  winders,  warpers,  weavers'  boys,  weavers,  foil-makers,, 


BELGIUM.  88 

•<3utters  and  tailors,  menders,  folders,  hosiers,  packers,  shoe- 
makers, bookbinders,  joiners,  turners,  clog-makers,  black- 
'Smiths,  tinmen,  founders,  masons  and  stone-cutters,  masons' 
labourers,  painters  and  glaziers,  whitewashers,  pit-sawyers, 
slate-quarriers. 

50.  We  have  no  penal  labour,  properly  so  called.     The  law 
exacts  work  of  persons  sentenced  to  correctional  imprisonment, 
"to  reclusion,  and  to  hard  labour.     The  employments  introduced 
into  the  prisons  are  chosen,  in  preference,  from  among  those 
which  seem  likely  to  aflFord  to  the  prisoners  after  their  libera- 
tion the  means  of  procuring  a  livelihood.    It  is  our  opinion  that 
labour  ought  not  to  be  imposed  as  a  punishment,  for  the  first 
necessity  of  man  in  society,  and,  above  all,  of  man  in  the  lower 
classes,  is  labour,  and  the  first  sentiment  to  be  developed  in 
him  is  the  love  of  work.    To  prevent  crime  in  the  honest  popu- 
lation, or  a  relapse  into  crime  of  those  who  had  been  discharged 
from  prison — in  this  consists  the  first  guarantee  of  individual 
Teformation  and  of  social  security.     What  would  become  of 
prisoners  if  they  were  restored  to  society  with  an  aversion  to 
•labour?     Is  the  hour  of  their  liberation  the  time  to  say  to 
them,  *  Do  you  love  work,*  when  they  have  been  taught  to  hate 
it  ?     The  liberated  prisoner  ought  not  to  carry  with  him  on  his 
discharge  from  prison  the  idea  that  work  is  a  punishment  in 
this  world,  and  that  he  has  suffered  it  long  enough  during  his 
imprisonment  to  hasten  at  the  hour  of  his  deliverance  to  free 
himself  from  its  chains.    Labour  should  be  exhibited  to  him  in 
the  prison  (as  it  is  and  ought  to  be  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   labour  that    even   in  captivity  he   should  still 
attach,  if  not  the  image  of  happiness,  at  least  a  solace  to  its 
exercise  and  an  idea  of  punishment  to  its  privation.      In  a 
word,  if  labour  ought  to  enter  as  a  penal  element  into  peniten- 
tiary imprisonment,  it  is  not  in  the  use  but  the  privation  of  it. 
Labour  in  penitentiary  imprisonment  ought  to  be  obligatory ; 
but  it  is  an  obligation  which  ought  not  to  be  imposed  on  the 
prisoner  under  the  empire  of  constraint,  but  as  an  obligation  to 
which  his  reason,  his  interest,  his  position,  everything,  ought 
to  urge  him. 

61  and  52.  For  our  opinion  concerning  the  moral  and  sani- 

D 


34  CONDITION  OF  PRISONS. 

taiy  effect  upon  the  prisoner  of  penal  labour,  see  the  preceding- 
answer. 

53.  The  industi^l  labour  of  the  prisoners  is  in  part  directed 
by  the  administration  itself,  and  in  pai*t  awarded  to  special 
contractors.  These  latter  are  placed  under  the  immediate  sur- 
veillance of  the  directors  of  the  prisons  into  which  they  are^ 
admitted. 

54.  The  contract  system,  such  as  it  exists  in  our  prisons,  is 
that  to  which  our  preference  would  be  given,  as  weU  because  of 
the  certain  and  great  benefits  procured  by  it  to  the  treasury,  as 
because  of  the  facility  which  it  offers  of  diversifying  the  labours 
of  the  j)risoner8  and  of  affording  them  employments  suited  to 
their  particular  aptitudes.  Nevertheless,  the  system  of  work- 
ing the  prisoners  by  the  administration  itself  offers  also,  in  our 
organization,  certain  advantages,  especially  when  it  is  a  ques- 
tion of  labour  of  easy  execution,  or  of  the  creation  of  products 
for  the  use  of  the  administration  itself. 

55.  Different  systems  of  contracting  for  the  labour  of  the 
prisoners  do  not  exist  in  this*  country.  That  which  is  in  actual 
use  consists  in  awarding  the  labour  to  a  contractor  who  offers 
at  the  same  time  remunerative  j)rices  and  adequate  guarantees 
of  solvency  and  morality. 

56.  From  60  to  70  per  cent,  of  the  inmates  of  our  prisons 
had  not,  at  the  time  of  their  commitment,  any  regular  business 
or  assured  means  of  support. 

57.  The  apprenticeship  of  the  prisoners,  in  the  different 
trades  taught,  is  confided  to  the  keepers  of  sections,  under  the 
special  supervision  and  direction  of  the  foremen.  It  follows 
that  the  keeper  is  not  only  charged  with  the  supervision  of  the 
twenty-five  prisoners  of  his  section,  and  with  the  enforcement 
of  the  rules,  but  that  he  employs  the  greater  part  of  the  day  in 
instructing  the  prisoner  in  some  one  of  the  branches  of  industry 
introduced  into  the  establishment.  The  mean  duration  of  the 
apprenticeship  is :  twelve  months  for  the  shoemakers ;  six 
months  for  the  w^eavers;  and  three  months  for  the  tailors. 
This  time  may  be  shortened  by  the  aptitude  or  intelligence  of 
the  apprentices.  As  a  general  rule,  the  aj)prenticeship  is  ter- 
minated before  the  expiration  of  the  date  fixed  upon,  especially 
when,  by  dint  of  repetition,  the  prisoner  has  been  made  to 
comprehend  the  necessity  of  mastering  a  business,  in  order 


BELGIUM.  3S 

that,  at  the  time  of  his  liberation,  he  may  be  able  te  work  for 
his  food,  his  clothing,  his  bed — in  a  word,  to  assure  the  satis- 
faction of  his  essential  wants.  Certainly  it  is  important  to 
effect  the  reformation  of  the  prisoners,  but  it  is  important  also 
to  place  them,  on  their  liberation,  in  a  condition  in  which  they 
may  gain  an  honest  living  by  work,  since  it  is  an  undoubted 
truth  that  ignorance  of  a  business  is  the  principal  cause  which 
urges  the  greater  part  of  men  to  crimes  against  property.  The 
theory  of  reformation  includes,  therefore,  the  industrial  educa- 
tion which  giyes  to  the  prisoner  the  means  of  being,  some  day, 
sufficient  to  himself,  and  the  religious  and  moral  education 
which  instructs  him  in  his  duties  to  God  and  man. 

58.  We  regard  it,  as  will  already  have  appeared  from  the 
preceding  answer,  as  a  point  of  the  greatest  importance,  that 
the  prisoner,  during  his  imprisonment,  should  master  the  art  of 
self-help.  To  this  end  moral  and  religious  conferences  are  held 
with  him,  and  it  is  sought,  by  means  of  the  knowledge  of 
various  kinds  imparted  to  him,  to  put  him  into  a  condition  of 
independence  after  his  liberation. 

59.  The  question  relating  to  the  effect  of  repeated  short 
imprisonments,  seeming  to  belong  to  a  peculiarity  in  the  legis- 
lation of  the  United  States,  the  committee  has  judged  it 
expedient  to  abstain  from  formulating  a  reply  to  it. 

60.  As  to  the  number  of  recidivists :  Among  the  795  pri- 
soners committed,  in  1872,  to  the  central  prisons,  other  than 
the  establishment  specially  devoted  to  juvenile  delinquents^ 
figure  626  recidivists ;  that  is  to  say,  more  than  78  per  cent. 
This  result  evidently  cannot  be  placed  to  the  charge  of  the 
cellular  system,  since  nearly  half  of  the  penitentiary  estab- 
lishments are  still  conducted  upon  the  congregate  system. 
The  report  addressed  to  the  Government  in  1869,  which  is 
hereto  annexed,  shows  that  the  cellular  system  has  considerably 
diminished  the  number  of  recidivists. 

61.  Recidivists  are  more  severely  punished  than  persons  com- 
mitted for  a  first  offence,  in  proof  of  which  are  here  cited 
articles  54  to  57  of  the  Penal  Code : — 

Article  54 — Whoever,  having  been  sentenced  to  a  criminal  punish- 
ment, shall  have  committed  a  crime  which  subjects  him  to  the  punish- 
ment of  reclusion,  may  be  sentenced  to  hard  labour  from  ten  to  fifteen 
years. 

D  2 


36  CONDITION  OF  PRISONS. 

If  the  crime  involves  a  sentence  to  hard  labour  from  ten  to  fifteen 
years,  the  convict  maj  be  sentenced  to  hard  labour  from  fifteen  to 
twenty  years. 

He  must  be  sentenced  to  seventeen  years  at  least  of  this  punishment, 
if  the  crime  imports  a  sentence  to  hard  labour  from  fifteen  to  twenty 
years. 

Article  55. — ^Whoever,  aft«r  a  sentence  to  a  criminal  panishment, 
shall  have  committed  a  crime  punishable  by  an  imprisonment  of  from 
five  to  ten  years,  may  be  sentenced  to  an  imprisonment  of  from  ten  to 
fifteen  years. 

If  the  crime  is  punishable  by  an  imprisonment  of  ten  to  fift;cen 
years,  the  convict  may  be  sentenced  to  an  increased  imprisonment. 

He  must  be  sentenced  to  seventeen  years  at  least  of  imprisonment, 
if  the  crime  is  one  that  necessitates  an  increased  imprisonment. 

Article  56. — Whoever,  after  a  sentence  to  a  criminal  punishment, 
shall  have  committed  a  misdemeanour,  may  be  sentenced  to  a  punish- 
ment double  the  maximum  permitted  by  the  law  forbidding  such  mis- 
demeanour. 

The  same  punishment  may  be  awarded  in  case  of  a  prior  sentence  to 
an  imprisonment  of  a  year  at  least  if  the  convict  shall  have  committed 
the  new  misdemeanour  before  the  expiration  of  five  years  after  having 
undergone  his  prescribed  punishment. 

In  these  two  cases  the  convict  may  be  placed,  by  the  judgment  or 
the  arrest,  under  the  special  supervision  of  the  police  during  five  years 
jit  least,  and  ten  years  at  most. 

Article  57. — The  rules  established  in  case  of  a  relapse  shall  be  applied 
conformably  to  the  preceding  articles,  in  case  of  a  prior  sentence,  pro- 
nounced by  a  military  tribunal,  for  an  act  defined  as  a  crime  or  mis- 
demeanour by  the  ordinary  penal  laws,  and  to  a  punishment  authorised 
•by  those  laws. 

If,  for  said  act,  a  punishment  authorised  by  the  military  laws  has 
•been  pronounced,  the  courts  and  tribunals,  in  judging  of  the  relapse, 
shall  have  regard  only  to  the  minimum  of  the  punishment,  which  the 
act,  punishable  by  the  first  judgment,  might  have  warranted,  according 
to  the  ordinary  penal  laws. 

62.  Debtors'  prisons  still  exist  in  Belgium,  but  they  are 
empty ;  cases  of  incarceration  for  debt  have  become  very  rare 
^ince  the  publication  of  the  law  of  July  27,  1871.  The  treat- 
jnent  to  which  imprisoned  debtors  are  subjected  is  not  the  same 
as  that  applied  to  criminals.  They  occupy  a  special  series  of 
cells,  have  the  exclusive  enjoyment  of  an  exercise  yard,  and 
may  communicate  with  each  other,  receive  four  visits  a  week 
from  their  relatives  and  from  persons  with  whom  they  have  busi- 
ness relations,,  and  may  correspond  fre.^lv  with  the  outside  world. 


BELGIUM.  Sr 

63.  The  principal  causes  of  crime  are,  in  the  army,  want  of 
occupation,  and  the  system  of  substitution.  In  civil  life,  they 
are  the  oblivion  of  religious  and  moral  principles,  ignorance  of 
duty,  want  of  a  business,  the  creation  of  factitious  wantSy 
drunkenness,  libertinism,  thoughtlessness,  distaste  of  work,  and 
idleness. 

64.  The  two  sexes  are  represented  in  the  Belgian  prisons  in 
the  following  proportions — men,  88  per  cent.;  women,  12  per 
cent. 

65.  As  regards  the  object  of  penal  treatment :  The  adminis- 
tration seeks,  above  all,  to  reform  those  whose  punishment  is  • 
exacted  by  society ;  but  it  punishes  without  subjecting  them  to 
any  physical  suffering.     The  execution  of  the  punishment  has 
in  view  the  double  aim  of  expiation  and  reformation. 

66.  Regarding  the  moral  condition  of  prisoners  on  their  ■ 
liberation :  It  is  in  proof  that  in  the  cellular  prisons  the  moral 
state  of  the  prisoners  is,  in  general,  better  at  the  time  of  their  ^ 
discharge  than  at  that  of  their  entrance.  Those  who  manifest 
evil  inclinations  are  few  in  number;  nearly  all  have  sensibly 
modified  the  sentiments  with  which  they  were  animated  at  the 
time  of  their  commitment. 

67  and  68.  No  jTrisoners'  aid  or  patronage  societies  aro.  found 
in  Belgium ;  but  the  Government  has  not  lost  sight  of  this 
important  point.  Efforts  were  made  in  1848  to  organise  such 
associations;  but,  unhappily,  the  measures  taken  were  not 
crowned  with  full  success.  While  waiting,  the  administration 
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  commis- 
sions of  reformatory  institutions  to  extend  aid  to  their  liberated 
inmates. 

69.  To  the  question  whether  we  are  satisfied  with  our  exist- 
ing penitentiary  system,  our  reply  is  afiirmative  in  so  far  as  it 
is  not  applicable  to  establishments  on  the  congregate  plan ;  . 
but  the  transformation  of  these  into  cellular  prisons  is  actively 
progressing. 

N.B. — ^The  following  table,  appended  to  the  report,  contains 
in  condensed  form  much  interesting  information  regarding  the . 
model  prison  of  Belgium  : 


coNT>rnos  of  pmsoks. 


n 

B!5  !  SS38tS== 

S         °         "     " 

i 

i 

a 

3B 

. 

s2s  i  =s53s-  - 

JS  I  »s-!". 


5=1    S    KRSfS- 


I 

a 
I 


II  1 


531  i  5ISSS"-- 


'55r= . 


Si  5 


If 


*  I  * 


!,1 


5i 


1  i 


DENMARK.  39 


DEKKAEX. 


1.  TJie  Prison  System. — The  cellular  system  is  applied  in  the 
<;ase  of  short  sentences,  lasting  from  six  months  to  three  years 
and  a  half,  to  persons  who  are  young  and  who  are  convicted 
for  their  first  offence ;  the  associated  or  aggregate  system  in 
i.he  case  of  long  sentences  lasting  from  two  years  up  to  sen- 
tences for  life,  and  to  older  persons  who  have  been  already 
<!onvicted.  About  75  per  cent,  are  sentenced  to  undergo  their 
I^unishment  in  cells.  For  male  prisoners  there  are  two  prisons 
on  the  corrective  system,  and  one  cellular  prison ;  for  female 
prisoners,  one  prison  with  cells  and  wards  for  working.  In 
1871  the  average  number  of  prisoners  were — 

Mules. 
Vridsloesville  Cellular  Prison      .         .         •         .370 
Horscns  Associated  Prison .....        320 
Viborg  „  „ 2GU 

Female  I'risoners. 
Christianshavn    .......        24S 

i,VJH 

2.  General  Administration. — A  director  of  prisons  has  the 
-control  of  all  the  prisons. 

3.  Discipline. — The  discipline  is  intended  to  be  reformatory. 
For  the  cellular  prison  is  established  a  sort  of  progressive 
system.  For  the  associated  prisons  the  inmates  occupy  sepa- 
rate sleeping  cells.  The  convicts  work  in  divisions  separate 
from  each  other.  No  progressive  system  has  as  yet  been 
adopted,  but  such  a  system  is  in  contemplation.  The  punish- 
ments for  breach  of  discipline  are  legally  settled.  Corporal 
punishments  are  among  them.  The  most  efficacious  means  of 
awakening  and  preserving  hope  are,  in  the  cellular  prisons, 
the  promotion  to  a  higher  class;  in  the  associated  prisons, 
wages  paid  for  labour.  Conditional  release  does  not  take 
place. 

4.  Religious  and  Moral  Agencies. — A  clergyman  is  appointed 
to  each  prison.  He  alone  is  entrusted  with  the  religious  teach- 
ing of  the  prisoners.  Each  prison  has  a  chapel  consecrated  to 
divine  service.  Volunteer  visitors  are  not  admitted  into  the 
prisons  to  labour  for  the  moral  improvement  of  the  inmates. 


40  CONDITION  OF  PRISONS. 

5.  Secular  Instruction. — One  or  two  masters  are  appointed  to- 
each  prison.  Prisoners  under  eighteen,  who  are  only  isolated 
in  the  night,  receive  a  special  treatment,  with  two  to  three 
hours'  instruction  a  day.  In  cellular  prisons,  convicts  tinder 
forty  receive  two  to  three  hours'  instruction  a  week.  In  the- 
associated  prisons,  instruction  is  only  given  on  Sundays.  Every 
prison  has  schoolrooms  and  a  librar3% 

6.  Prison  Labour. — No  distinction  is  made  between  penal  and 
industrial  labour.  About  80  per  cent,  of  the  prisoners  are 
employed  by  contractors  in  many  diflFerent  ways.  The  contract 
system  has  in  our  country  proved  to  be  the  best,  both  economi- 
cally as  well  as  with  regard  to  its  reformatory  effects.  It  must 
be  observed,  however,  that  the  contractors  are  cut  off  from  any 
direct  or  indirect  meddling  with  the  treatment  of  the  prisoners. 
The  labour  is  considered  a  necessary  condition  for  the  proper 
execution  of  the  sentence,  not  merely  a  source  of  revenue ; 
nor  is  the  profit  of  the  labour  sufficient  to  meet  the  expenses  of 
the  food  and  keep  of  the  prisoners,  and  of  the  administration, 
as  these  expenses  for  each  prisoner  amount  to  about  14Z.  a  year, 
while  the  labour  profit  of  each  convict  is  about  81.  a  year. 

7.  Prison  Officers. — These  are  appointed  partly  by  the  Go- 
vernment, partly  by  the  prison  inspector.  Their  appointment 
or  discharge  is  totally  independent  of  political  and  other  in- 
fluence irrelevant  to  their  efficiency.  There  are  no  special 
training  schools  for  prison  officers.  These  would  be  very  ex-^ 
pensive  in  so  small  a  country  as  Denmark.  Nor  can  such 
schools  be  considered  necessary  if  healthy,  respectable,  and 
sober  persons  are  appointed  prison  officers,  if  they  have  received 
an  education  that  corresponds  to  the  importance  of  their  office,, 
and  if  they  take  an  interest  in  their  profession. 

8.  Sanitary  State  of  the  Prisons. — The  food  is  healthy,  clean,, 
and  sufficient,  but  plain.  Dinner  is  the  principal  meal.  The 
prisons  are  dry  and  airy,  and  in  no  private  house  is  found 
greater  cleanliness.  During  the  last  three  years,  2*11  per  cent., 
of  the  male  prisoners,  and  2*13  per  cent,  of  the  female  prisoners^ 
were  daily  ill.  During  the  same  period,  1*75  per  cent,  of  the 
average  number  of  male  prisoners,  and  1*79  per  cent,  of  female- 
prisoners,  died  yearly. 

9.  Reformatory  Results. — ^The  reformation  of  the  criminals  is 
made  a  primary  object  of  their  treatment,  but  though  the^ 


DENMAIIK.  41 

convict  generally  leaves  the  prison  with  good  intentions,  yet  his 
power  of  resistance  is  often  too  weak  to  conquer  temptation. 

10.  Sentences. — The  present  penal  code  was  promulgated  in 
1866,  and  is  founded  on  the  principles  that  are  at  the  basis  of 
modem  penal  codes.  Accordingly,  the  criminal  courts  in  our 
country  give  short  sentences  for  minor  offences.  Our  penal 
code  has  been  in  operation  for  so  short  a  time  that  it  is  impos- 
sible to  have  any  well-founded  opinion  as  to  its  influence  on  the 
increase  or  decrease  of  crime.  It  appears,  however,  that  the 
number  of  crimes  has  increased,  not  the  number  of  criminahy  the 
effect  of  the  short  sentences  being  that  the  so-called  habitual 
criminals  now  more  frequently  than  formerly  enter  and  quit 
the  prisons. 

11.  Kinds  and  Causes  of  Criminality. — The  most  frequent 
crime  is  the  violation  of  the  right  of  property.  More  than 
seventy  per  cent,  of  our  convicts  are  sentenced  for  theft.  The 
cause  of  these  crimes  is  rarely  undeserved  distress,  but  most 
frequently  idleness,  desire  for  unlawful  or  lawful  pleasures,  and 
habits  of  drinking.  These  vices  generally  result  from,  or  are 
associated  with,  a  neglected  education. 

12.  Juvenile  Reformatories. — In  our  country  there  are  three 
educational  establishments  for  neglected  and  misguided  boys, 
with  about  160  occupants.  Besides  these,  there  is  a  society 
that  undertakes  to  have  such  children  placed  in  families.  The 
latter  has  worked  with  great  success. 

1 3.  For  each  prison  a  society  has  been  formed  with  the  view 
of  being  of  assistance  to  the  released  convicts.  The  societies 
are  maintained  by  contributions  from  the  State  as  well  as  from, 
private  persons. 

N.B.  A  fuller  account  of  the  Prison  System  of  Denmark  is 
contained  in  the  volume  of  *  Transactions  of  the  Cincinnatii 
Congress,'  p.  117,  copies  of  which  may  be  seen  at  the  library 
of  the  Social  Science  Association,  1  Adam  Street,  Adelphi. 


ENOLAND. 


For  an  account  of  the  English  prison  si/stein^  see  the  paper  of  Major 

Vu  Cane  on  a  later  page. 


42  CONDITION  OF  PRISONS. 


FEANCE. 

1.  The  prisons  of  France,  with  exceptions  to  be  indicated 
hereafter,  depend  upon  a  central  power,  which  is  represented 
by  the  minister  of  the  interior,  and,  under  his  authority,  by  the 
director  of  the  administration  of  prisons. 

a.  Control, — The  central  power  exercises  its  control  by  means 
of  general  inspections,  made  by  special  functionaries — namely, 
inspectors  general  of  prisons..  Besides  this  direct  and  most 
important  control,  there  is  a  local  control  of  the  prefects  for  all 
the  prisons  and  penitentiary  establishments ;  of  the  mayors  and 
commissions  of  supervision  for  the  houses  of  arrest,  of  justice, 
and  of  correction ;  and,  finally,  of  the  council  of  supervision 
for  the  colonies  of  correctional  educ«ation  of  juyenile  delin- 
quents. It  is  necessary  further  to  mention  the  intervention, 
though  to  a  very  limited  degree,  of  magistrates  of  the  judicial 
order. 

The  Inspectors  General  have  two  classes  of  functions,  the 
one  accomplished  during  their  tours  of  inspection,  and  the 
other,  as  will  be  hereafter  seen,  in  the  interval  of  these  tours. 
They  are  charged  with  visiting  all  the  prisons  and  penitentiary 
establishments,  and  they  give  account  to  the  minister  of  the 
observations  made  on  these  visits,  in  a  special  report  relating 
to  each  establishment. 

Thp  Prefect  represents  the  central  power  in  the  department 
as  regards  the  supervision  and  administration  of  prisons ;  and 
it  is  his  duty  to  visit,  at  least  once  a  year,  the  prisons  of  his 
department.     (Article  Gil  du  Code  d^Instructimi  criminelle). 

It  is  the  duty  of  the  Mayor  of  each  conmiune,  where  there  is 
a  house  of  arrest,  a  house  of  justice,  or  a  house  of  correction, 
to  make,  at  least  once  a  month,  a  visitation  of  these  houses. 
(Article  612  du  Code  d* Instruction  criminelle).  By  virtue  of 
Article  613  of  the  same  code,  there  is  besides  the  police  of 
these  prisons.  As  a  prison  is  an  establishment  of  general  and 
not  merely  municipal  interest,  the  authority  which  the  mayor 
is  called  to  exercise  therein  partakes  essentially  of  the  central 
administration.  It  is  as  its  representative  that  he  acta  on 
£uch  occa^ionij. 


FIUNCE.  43 

The  Commission  of  Supervision,  which  is  established,  in 
principle,  near  each  departmental  prison,  exercises,  as  its  name 
imports,  a  supervisory  action  over  whatever  relates  to  health,  to 
supplies,  to  religious  instruction,  and  to  moral  reform. 

The  function  of  this  commission  is  limited  to  the  control  of 
the  various  services.  Its  members,  having  no  responsibility, 
•cannot  perform  any  act  of  authority  in  the  prisons,  in  which  it 
is  important,  moreover,  to  maintain  unity  of  command. 

As  regards  the  penitentiary  colonies  of  juvenile  delinquents, 
the  Act  establishes  (Article  8  de  la  loi  du  6  aout,  1850)  a  coimcil 
of  supervision,  charged  with  the  same  mission  of  control  in 
these  establishments  as  the  commission  of  supervision  in  the 
houses  of  arrest,  of  justice,  and  of  correction. 

The  penitentiary  and  correctional  colonies  are,  besides,  sub- 
jected to  the  special  supervision  of  the  attorney-general  of  the 
jurisdiction,  whose  duty  it  is  to  visit  them  every  year.  But 
this  is  not  the  only  case  in  which  penitentiary  establish- 
ments are  subjected  to  the  control  of  the  judicial  authority. 
By  the  terms  of  the  611th  Article  of  the  code  of  criminal 
procedure,  the  committing  magistrate  {juge  dHnstriiction)  is 
bound  to  visit,  once  a  month  at  least,  the]  persons  confined 
in  the  house  of  arrest  of  his  arrondissementy  and  the  presi- 
dent of  the  court  of  assizes,  at  least  once  in  the  course  of 
each  session,  must  visit  the  persons  confined  in  the  house  of 
justice. 

b.  Administration. — Criminal  legislation  being  the  same  for 
all  throughout  the  entire  territory  of  Prance,  the  same  rules 
ought  to  control  its  application,  without  exception  either  of 
places  or  of  persons.  As  regards  prisoners  under  sentence, 
inequality  of  discipline  is  inequality  of  punishment.  As  re- 
gards i)risoners  awaiting  trial,  this  inequality  constitutes  a 
grave  abuse  because  it  subjects  a  man,  innocent  perhaps,  to 
rigours  and  privations  which  could  not  be  elsewhere  imposed  by 
the  administration  upon  another  man  in  the  same  condition. 
To  establish  and  maintain  in  the  same  prisons  the  application 
of  the  same  principles  and  of  a  uniform  system,  two  elements 
are  indispensable,  unity  of  direction  and  centralization  of  the 
financial  means  of  execution. 

The  director  of  the  administration  of  prisons  is  charged  with 
administering,   under  the   authority  of  the  minister  of  the 


44  CONDITION  OF  PRISONS. 

iBterior,  the  prisons  and  penitentiary  establishments  of  every 
chkss  in  France.     Under  him,  and  as  a  deliberative  consultative 
board,  is  found  the  council  of  inspectors  general  of  prisons, 
which  are  called  upon,  in  the  interval  of  their  tours  of  inspection,. 
to  give  advice  on  the  more  important  questions  of  the  service. 
The  instructions  and  regulations  emanating  from  the  central 
administration  are  addressed,  through  the  intervention  of  the 
prefects,  who  represent  the  executive  power  in  the  departments,. 
to  the  directors  of  the  diflferent  establishments.     At  the  head  of 
each  central  prison  is  foimd  a  director.     His  action  extends  to 
all  parts  of  the  service.    He  is  specially  charged  with  conducting 
the  correspondence  with  the  minister  of  the  interior,  to  whom 
he  addresses  his  reports  on  the  financial,  industrial,  and  dis- 
ciplinary condition  of  the  establishment,  through  the  agency  of 
the  prefects,  except  in  urgent  and  extraordinary  cases.     Direc- 
tors of  the  houses  of  arrest,  of  justice,  and  of  correction  are 
charged  with  the  administration  of  those  establishments  in  one- 
or  more  departments.     In  the  prisons  situated  at  the  place  of 
their  residence  their  action  makes  itself  felt  directly,  like  that 
of  the  director  of  a  central  prison,  on  all  parts  of  the  service, 
and  in  the  other  prisons  indirectly  through  the  agency  of  the 
principal  keepers,  who  receive  their  instructions  and  are  re- 
quired to  address  to  them  frequent  reports.      An   important, 
part  of  their  functions  has  reference  to  the  economical  adminis- 
tration 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. 

The  organization  which  has  just  been  described  is  the  same 
in  all  the  departments  of  France,  except  in  one  only,  that  of 
the  Seine,  an  exception  which  deranges  the  harmony  of  the 
system.  The  directors  of  the  public  colonies  of  juvenile  delin- 
quents are  assimilated  by  their  functions  to  the  directors  of  tho 
central  prisons.  It  is  therefore  the  central  power  which  con- 
ducts the  administration  by  their  hands.  It  cannot  be  the 
same  in  the  other  colonies,  which  are  private  establishments. 
The  director  is  only  approved  by  the  administration,  and  this 
latter  exercises  such  control  as  it  has  only  through  the  inter- 


FRANCE.  45 

mediate  agency  of  tlie  prefects  and  the  inspectors  general. 
The  administration  of  these  private  establishments  has  been 
determined  by  a  general  regulation  of  recent  date,  which 
explains  why  they  have  not  yet  been  able  to  attain  that 
administrative  uniformity  which  is  remarked  in  the  public 
establishments  of  the  same  kind.  The  colonies  are  appropriated 
to  children  who  have  for  the  most  part  been  acquitted,  but 
have  been  sent  by  the  tribunals  into  a  house  of  correction,  to 
be  there  trained  under  a  severe  discipline.  There  are  estab- 
lishments in  which  education  is  made  more  prominent  than 
repression,  and  the  duty  of  the  central  power  is  to  see  that  the 
children  are  properly  treated,  and  that  they  receive,  con- 
formably to  law,  a  moral,  religious,  and  industrial  education. 

A  law  of  May  5,  1855,  which  transferred  to  the  budget  of  the 
State  the  ordinary  expenses  of  the  houses  of  arrest,  of  justice, 
and  of  correction,  which  had  previously  belonged  to  the  depart- 
mental budgets,  has  accomplished,  for  all  the  degrees  of 
imprisonment,  the  centralization  of  the  financial  means  of 
execution ;  a  centralization  which  till  then  existed  only  witU 
regard  to  the  central  prisons.  Nevertheless  this  is  still  a  point 
where  the  central  power  is  not  completely  independent  of  the 
local  authorities,  and  where  the  vote  of  the  general  council  of 
the  department  must  lend  its  concurrence.  The  department 
has  preserved  since  1855  its  property  in  the  buildings  used  as 
houses  of  arrest,  of  justice,  and  of  correction,  and  has  been  at 
the  expense  of  all  needed  repairs. 

Certain  establishments  for  punishment  do  not  depend  on  the 
direction  of  prisons  in  the  ministry  of  the  interior,  to  wit : — 

1.  The  establishments  in  which  men  are  undergoing  the 
pimishment  of  hard  labour. 

2.  The  prisons  appropriated  to  prisoners  of  the  army  and 
navy. 

The  administration  of  the  bagnios,  of  the  penal  colonies,  and 
of  the  prisons  of  ports  and  arsenals,  is  centralised  in  the 
ministry  of  the  navy  ;  that  of  the  military  penitentiaries  in  the 
ministry  of  war.  However  the  case  stands  with  the  central 
prisons,  the  houses  of  arrest,  of  justice,  and  of  correction,  and 
the  establishments  of  correctional  education  for  juvenile  delin- 
quents, the  administration  of  prisons  in  the  ministry  of  the 
interior  has  an  importance  which  is  computed  by  a  budget  of 


46  CONDITION  OF  PRISONS. 

about  15,000,000  francs,  by  t^  personnel  of  4,700  employeg,  and 
by  an  ayerage  popnLition  exceeding  50,000  prisoners. 
2.  The  establishments  which  receive  prisoners  are  : 
Navy : — 

1.  The  penal  colonies  of  Guiana  and  New  Caledonia,  and  the 
bagnio  of  Toulon,  for  prisoners  sentenced  to  hard  labour. 

Interior : — 

2.  The  central  prisons  of  hard  labour  and  correction. 
8.  The  houses  of  arrest,  of  justice,  and  of  correction. 

4.  The  penitentiary  establishments  devoted  to  the  education 
of  juvenile  delinquents. 

5.  The  chambers  and  depots  of  safe-keeping. 
War  and  Navy  : — 

6.  The  prisons  devoted  to  prisoners  of  the  army  and  navy. 

1.  Penal  Colonies:  Bagnio  at  Toulon. — These  establishments 
are  placed  under  the  jurisdiction  of  the  ministry  of  the  navy 
and  of  the  colonies.  The  punishment  of  hard  labour  has  been 
for  a  long  time  undergone  in  France,  as  formerly  that  of  the 
galleys,  in  certain  ports  and  arsenals.  The  execution  of  this 
pimishment,  with  the  open-air  labour  of  the  convicts,  in  sight 
of  the  free  population,  and  in  contact  with  it,  was  characterised 
by  defects  of  every  species,  and  by  innumerable  perils.  The 
law  of  May  ol,  1854,  relative  to  the  execution  of  the  punish- 
ment of  hard  labour,  brought  a  remedy  to  this  state  of  things 
by  substituting  for  the  former  punishment  transportation  with 
hard  labour.  Establishments  devoted  to  transportation,  on  the 
territory  of  one  or  more  of  the  French  possessions,  other  than 
Algiers,  can  be  created  only  in  virtue  of  a  legislative  act. 
Nevertheless,  in  case  of  obstacles  in  the  way  of  the  transfer  of 
convicts,  and  until  such  obstacles  shall  have  ceased,  this  punish- 
ipent  is  undergone  provisionally  in  France.  As  a  consequence 
of  the  enactment  of  the  law  of  1854,  the  bagnios  of  Rochefort 
and  Brest  were  suppressed.  There  remains,  therefore,  only 
that  of  Toulon  as  a  depot  for  convicts  sentenced  to  trans- 
portation. The  most  important  establishment  for  prisoners 
sentenced  to  hard  labour  is  the  penal  colony  of  Guiana.  A 
second  was  created  in  1864,  in  an  island  of  Oceanica — New 
Caledonia — which  offers,  by  the  salubrity  of  its  climate  and  the 
fertility  of  its  soil,  conditions  propitious  to  transportation. 
The  transportation  of  women  is  authorised  by  the  law,  in  view 


rRAXCE.  47 

of  marriages  to  be  contracted  with  the  convicts  after  their 
provisional  or  definitive  liberation.  The  administration  selected, 
firom  among  the  female  prisoners  of  every  class,  those  who 
expressed  a  desire  to  profit  by  these  arrangements.  These 
women  are  placed,  to  undergo  their  punishment  until  their 
provisional  or  definitive  liberation,  in  a  special  establishment 
at  Maroni,  under  the  supervision  of  the  religious  ladies  of 
Cherry.  There  are,  already,  a  certain  number  of  women  at 
Cayenne ;  but  the  majority  of  females  sentenced  to  hard  labour 
still  undergo  their  punishment  in  the  central  prisons  of  the 
Continent,  agreeably  to  the  sixteenth  article  of  the  penal 
code. 

2.  Central  Prisons. — The  central  prisons  of  hard  labour  and 
correction  receive — 1.  Certain  persons  sentenced  to  hard  labour,, 
namely,  women  and  old  men  of  the  age  of  sixty  and  upward  ; 
2.  Persons  sentenced  to  reclusion;  3.  Persons  sentenced  as 
correctionals  to  an  imprisonment  of  more  than  one  year.  The 
central  prisons,  whose  origin  dates  back  to  the  law  of  the 
Constituent  Assembly  of  October  0,  1791,  were  constituted 
a  general  system,  to  extend  over  the  whole  country,  by  an 
imperial  decree  of  June  16,  1808.  Their  existing  organiza- 
tion dates  from  the  royal  ordinance  of  April  2,  1817,  which 
gave  them  the  name  they  still  bear,  of  houses  of  hard  labour 
and  correction,  a  designation  in  harmony  with  the  penal  code 
promulgated  in  1810. 

3.  Houses  of  Arrest^  of  Justice^  and  of  Correction. — These 
prisons  are  also  called  departmental  prisons,  not  only  because 
they  are  devoted  to  the  exclusive  service  of  the  department  in 
which  they  are  placed,  but,  above  all,  from  considerations  of 
property  and  of  the  budget.  On  one  side,  the  property  in 
them,  though  they  belong  to  the  State,  was  assigned  to  the 
departments  by  a  decree  of  April  9,  1811,  together  with  the 
charges  thereupon,  whether  for  repairs,  enlargement,  or  the 
construction  of  new  buildings ;  on  the  other  side,  the  current 
expenses  of  these  prisons  were  for  a  long  time  a  charge  of 
the  departmental  budgets.  These  prisons  receive — the  aiTcsted ; 
the  accused ;  the  correctionnels  sentenced  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 ;. 


48  COXDITION  OF  PRISONS. 

juvenile  prisoners,  whether  arrested,  accused,  or  in  the  way 

of  paternal  correction;    and  civil  and  miUtary  prisoners  e» 

.route.    Houses  of  arrest  and  of  justice  are  indispensable  to 

each  jurisdiction ;  consequently  they  are  found  in  each  place 

^f  arrondissement.     To   answer  to   the   intention   of  the  law 

(Article  604,    Code  d* Instruction  criminelle),  they  ought  to  be 

entirely  distinct  from  the  prisons  established  for  punishment. 

But  the  complications  which  would  ensue  upon  this  separation 

in  the   services,  the  increase  of  the  personnel  which  it  would 

render  necessary  in  the  greater  number  of  localities,  in  which 

^  single  chief  keeper  is  sufficient  for  the  three  houses,  and, 

finally,  the  difficulty  of  obtaining  from  the  departments  special 

places,  have  led  to  this  result:   that  the  three  houses   are, 

in  general,  but  three  distinct  wards  of  the  same  prison. 

4,   Establishments   devoted   to    the   Correctional  Education  of 
.Juvenile  Delinquents.  —  These  establishments   receive   minors, 
of  sixteen  years  and  under,  of  both  sexes.     They  are  divided, 
for  young  male  prisoners,  into  penitentiary  colonies  and  cor- 
rectional colonies.    -In  the  first  are  placed — 1.  Young  children 
acquitted  in  virtue  of  the  66th  article  of  the  penal  code  as 
having  acted  without  knowledge,  but  who  are  not  sent  back  to 
their  parents;  2.  Young  prisoners  sentenced  to  an  imprison- 
ment of  more  than  six  months,  and  not  exceeding  two  years. 
These  establishments  are  public  or  private.     Those  are  called 
public  establishments  which  have  been  founded  by  the  State, 
.and  of  which  the   State  names  and  pays  the  directors  and 
employes;  and  those  are  called  private   establishments    which 
are  founded  and  directed  by  private  persons,  with  the  authorisa- 
tion of  the  State.     The  correctional  colonies  receive — 1.  Young 
prisoners   sentenced   to   an   imprisonment  of  more  than   two 
years;  2.  Young  prisoners  from  the  penitentiary  colonies  who 
have  been  declared  insubordinate.     The  correctional  colonies 
are  all  public  establishments.    A  similar  classification  has  been 
established  for  young  female  prisoners.     They  are  received 
•  either  into  a  correctional  ward  directed  by  the  State,  or  into 
penitentiary  houses  connected  with  religious  establishments. 
These  various  establishments  were  called  into  being  by  the  law 
of  August  5,  1850.    There  are  actually  counted  of  them  thirty- 
two,  namely:    three  public  colonies,  four  correctional  wards, 
.and  twenty-five  private  colonies.     Twenty  establishments  are 


FRANCE.  49 

devoted  to  young  female  prisoners.     One  of  them  is  directed 
by  the  State. 

6.  Chambers  wnd  DepSts  for  Safe-keeping. — The  name  of  cham- 
bers for  safe-keeping  is  given  to  places  in  which  are  received 
prisoners  who  are  being  conveyed  from  point  to  point  in  locali- 
ties where  there  is  no  house  of  arrest,  of  justice,  or  of  correction. 
These  chambers  and  dep6ts  have  the  same  destination  as  such 
houses,  and  are  but  places  for  the  temporary  confinement  of 
prisoners  en  route.  The  chambers  are  under  the  care  of  the 
gendarmes  of  the  locality;  the  depots  under  that  of  the  agents 
of  the  administration  of  prisons.  No  punishment,  however 
trivial,  can  be  undergone  in  them.  The  number  of  this  class 
of  prisoners  is  about  2,400. 

6.  Prisons  devoted  to  Prisoners  of  the  Army  and  Navy, — These 
establishments  are  placed  under  the  care  of  the  ministries  of 
war  an4  of  the  navy.  Houses  of  arrest  and  prisons  of  ports 
and  arsenals  receive — 1.  The  sailors,  soldiers,  or  labourers  of 
the  navy  under  disciplinary  punishment ;  2.  Persons  arrested 
for  crimes  or  misdemeanours  within  the  jurisdiction  of  the  several 
tribunals  of  the  navy ;  3.  Persons  sentenced  by  these  tribunals 
to  coiTectional  imprisonment  of  one  year  and  under.  Every 
military  prison,  situated  in  a  place  which  is  the  seat  of  a  council 
of  war,  should  be  divided  into  three  sections :  1.  A  military 
house  of  arrest,  receiving  soldiers  of  every  grade  sentenced  to 
disciplinary  punishment;  2.  A  house  of  justice,  receiving 
soldiers  who  are  being  conveyed  before  a  council  of  war,  and 
convicts  awaiting  either  the  execution  of  their  sentence  or  a 
commutation  of  punishment;  3.  A  house  of  correction,  re- 
ceiving officers  sentenced  to  the  punishment  of  imprisonment, 
and  soldiers  sentenced  to  less  than  a  year  of  imprisonment. 
Military  penitentiaries  contain  persons  sentenced  to  an  impri- 
sonment of  at  least  one  year.  These  are  persons  undergoing  a 
punishment  of  a  correctional  nature — the  only  punishment  that 
does  not  exclude  &om  the  ranks  of  the  army.  Painful  and  afflict- 
ing punishments,  such  as  irons,  hard  labour,  reclusion,  involve 
military  degradation  and  the  remission  of  the  convict  to  the 
civil  authority  for  the  execution  of  those  punishments. 

3.  The  question  relating  to  the  measure  in  which  the  cellular 
and  associated  sj'stems  are  applied  in  France  will  be  answered 
with  reference  to  the  several  classes  of  prisons.    .The  cellular 

E 


50  CONDITION  OF  PRISONS. 

system  is  not  applied  in  any  central  prison. '  The  discipline  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  prisoners.  A  cer- 
tain nnmber  of  houses  of  arrest,  of  justice,  and  of  correetion,  are 
constructed  on  the  cellular  system.  Out  of  four  hundred  in  all, 
there  are  about  fifty  of  this  kind.  The  other  departmental 
prisons  have  been  constructed  or  arranged  upon  plans,  the 
latest  of  which  bears  date  January  7,  1863,  and  which  have 
had  for  their  aim  the  moral  advantages  of  cellular  imprisonment 
with  economy  in  the  means  of  execution.  In  these  mixed 
prisons,  then,  the  discipline  is  neither  that  of  the  cell  nor  that 
of  imprisonment  in  common.  It  includes  three  kinds  of  impri- 
sonment, that  of  wards  designed  for  prisoners,  whose  isolation 
is  required  by  no  special  circumstance,  and  who  constitute  the 
greatest  number  (with  common  yards,  dormitories,  and  heaters;) 
that  of  common  apartments  which  are  capable  of  receiving  cer- 
tain classes  of  prisoners  not  very  numerous ;  finally,  that  of 
individual  apartments,  designed  to  secure,  in  certain  cases, 
private  instruction,  to  protect  against  injurious  or  dangerous 
contEict  young  prisoners  under  arrest,  who  are  shielded  by  a 
presumption  of  innocence,  and  also  to  separate  individuals  for 
whom,  before  or  after  their  condemnation,  exceptional  precau- 
tions of  discipline  or  safe-keeping  are  necessary. 

Among  the  establishments  designed  for  youthful  prisoners, 
the  prison  of  La  Boquette,  situated  in  Paris,  is  the  only  one  in 
which  cellular  imprisonment  is  applied  day  and  night,  but  this 
prison  receives  only  minors  under  sixteen  years,  arrested  or 
accused,  and  persons  sentenced  to  an  imprisonment  not  ex- 
ceeding six  months. 

4.  As  regards  the  results  of  the  two  systems  of  separation 
and  association,  there  can  be  no  question  in  France,  except  as 
to  houses  of  arrest,  of  justice,  and  of  correction ;  the  only  ones, 
as  we  have  just  seen,  which  have  been  constructed  partly  on  the 
cellular  system  and  partly  on  a  system  of  a  different  kind. 
Nevertheless,  it  is  impossible  to  establish,  even  for  these  prisons, 
a  comparison  of  the  results  yielded  by  the  two  systems.  On 
one  side,  in  effect,  the  statistics  do  not  make  a  distinction  be- 
tween prisoners  in  the  cellular  prisons  and  those  confined  in 
prisons  of  the  other  class ;  and,  on  the  other,  in  a  great  number 


FKANCE.  51 

of  the  former,  it  is  only  the  edifice  which  is  cellular.  The 
system  followed  is  that  of  association  by  day,  in  workshops  for 
labour,  and  in  yards  for  the  hours  of  rest.  Cellular  separation 
takes  place  only  at  night.  The  cellular  prison  at  Mazas,  and  a 
part  of  ijisA  called  La  Sant6,  both  situated  in  Paris,  form  an 
exception  to  this  state  of  things.  The  successive  tendencies  of 
the  adminstration  as  regards  the  system  to  be  followed  in  the 
houses  of  arrest,  of  justice,  and  of  correction,  may  be  epitomised 
thus:  1.  Exclusive  adoption  of  the  cellular  system  down  to 
1853 ;  2.  Subsequently  to  1853,  abandonment  of  that  system 
from  motives  of  economy,  and  adoption  of  a  mixed  system; 
3.  Resumption  of  studies,  commenced  in  1840,  on  the  applica- 
tion of  individual  imprisonment.  In  the  first  period,  the 
administration  began  by  repelling  every  project  of  reconstruc- 
tion and  of  repair  of  the  houses  of  arrest,  of  justice,  and  of 
correction,  not  conformed  to  the  rules  of  the  cellular  system. 
The  expenses  involved  in  this  system,  and  the  impossibility  of 
any  great  number  of  departments  providing  the  necessary  funds 
from  their  own  resources,  arrested  the  favourable  dispositions 
of  the  councils  general ;  the  administration  th^n  renounced, 
for  the  future,  the  cellular  system,  and  entered  upon  a  new 
path,  by  substituting  the  separation  of  classes  for  that  of 
individuals.  It  is  in  this  spirit  that  plans  were  prepared  from 
1853  and  1860  for  the  construction  and  arrangement  of  depart- 
mental prisons,  which  comprised,  as  we  have  already  seen, 
wards,  common  apartments,  and  individual  cells.  These  plans 
are  still  in  vigour,  only  care  has  been  taken,  in  building  prisons 
during  these  later  years,  to  multiply  the  number  of  individual 
cells. 

But  this  system  is  not  the  last  word  of  the  administration  in 
regard  to  the  prisons  of  the  departments.  The  results  obtained 
by  the  system  are  far  from  being  satisfactory.  We  shall  see 
in  effect  in  the  matter  of  relapses,  that  out  of  one  hundred 
prisoners  in  the  central  prisons  fifty-two  men  and  thirty-one 
women  had  been  previously  confined  as  convicts  in  the  depart- 
mental prisons.  The  administration  has,  therefore,  just  re- 
sumed the  studies  commenced  in  1840  on  the  application  of 
individual  imprisonment.  This  system,  in  effect,  appears  to  be 
the  only  one  capable  of  averting  the  dangers  of  promiscuous 
association,  so  formidable  in  prisons  which  receive  prisoners  of 

B  2 


62  CONDITION  OF  PRISONS. 

origin  the  most  diverse — arrested,  accused,  persons  sentenced 
for  at  least  a  year,  convicts  awaiting  transfer,  young  prisoners, 
civil  and  military  prisoners  en  route,  etc.,  etc.  Separation  by 
classes  presents  no  difficulties,  but  there  is  a  selection  to  be 
made  of  persons  for  each  class,  which  requires  great  dis^rimina- 
ation  and  a  special  study  of  the  cases  and  character  of  every 
prisoner  to  prevent  a  corrupting  contact  with  others.  The 
chief  keepers  of  the  prisons  of  arrondissement,  who  have  to 
maintain  the  order  and  police  of  the  prison  and  to  watch  over 
the  general  services  of  the  house,  cannot  be  required  to  engage 
in  this  minute  study  of  prisoners.  That  is  impossible,  and  it 
is  what  renders  promiscuous  association  so  dangerous.  Indi- 
vidual imprisonment,  moreover,  it  would  seem,  ought  to  give 
to  punishments  of  short  duration  a  character  of  intimidation, 
which  they  now  lack,  the  existing  system  too  often  producing 
only  the  sad  eflfect  of  familiarising  the  prisoner  with  the  regime 
of  the  prison.  The  consideration  of  economy,  which  heretofore 
has  been  of  controlling  force,  and  whose  reality  has  been  placed 
in  doubt  by  recent  examples,  no  longer  seems  sufficient  to 
balance  the  opi)Osite  considerations  of  public  morality,  which 
recommend  the  abandonment  of  the  reghne  in  common  as  far 
as  the  arrested,  the  accused,  and  persons  sentenced  to  short 
imprisonments  are  concerned. 

5.  Provision  for  the  cost  of  maintenance  of  the  prisoners  in 
most  penitentiary  establishments  is  made — 1.  By  the  payment 
by  Government  of  a  sum  for  each  day  of  imprisonment,  fixed 
by  contract,  for  a  period,  on  agreement  of  the  parties,  generally 
of  three,  six,  or  nine  years ;  2.  By  the  right  conceded  to  the 
contractor,  who  has  made  the  highest  bid,  to  the  product  of 
the  prison  labour,  on  condition  that  he  pay  to  the  prisoners  a 
portion  of  their  earnings,  the  amount  of  which  varies  according 
to  the  penal  class  to  which  each  prisoner  belongs.  The  price 
of  the  labour  is  fixed  by  special  tariffs,  approved  for  each 
industry  by  the  superior  administration.  In  consideration  of 
these  conditions  the  contractor  is  obliged  to  provide  for  the 
board  and  maintenance  of  the  prisoners,  in  health  and  sickness, 
as  well  as  meet  numerous  obligations  specified  in  a  list  of 
charges,  which  comprises  not  less  than  one  hundred  and  six- 
teen articles.  <• 

Several  important  penitentiary  establishments  are  adminis-* 


FKANCE.  53 

tered,  as  regards  their  industries,  directly  by  the  State.  This 
mode  of  administration  admits  of  a  practical  comparison  of  the 
two  systems,  and  affords  also  the  possibility  of  utilising  the 
labour  of  the  convicts  under  certain  conditions  which  are  quite 
incompatible  with  the  management  of  the  industries  by  way  of 
contract;  such,  for  example,  as  agricultural  labour. 

According  to  the  latest  statistics,  the  product  of  the  labour 
in  the  central  prisons,  agricultural  penitentiaries,*  and  kindred 
establishments,  brought  an  average  gain  of  74'33  centimes 
for  each  day  of  labour,  which  was  reduced  to  63*90  centimes 
for  each  day  of  detention^  or  of  presence  in  the  establishment. 
The  average  peculium,^  assigned  to  each  prisoner  on  the  above- 
mentioned  gain,  was  33*48  centimes  for  each  day  of  lahouvy  and 
24'68  centimes  for  each  day  of  detention.  The  contractor 
received,  from  the  tenths  conceded  to  him,  25*73  centimes  for 
«ach  day  of  detention.  This  sum  represents  the  part  which 
the  prisoners  contribute  toward  their  support  by  labour.  The 
proportion  is  the  same  for  the  two  central  prisons  and  the 
•three  agricultural  colonies,  whose  industries  are  managed  by 
t  he  State.  In  general,  and  with  the  exception  of  the  establish- 
ments  in  Corsica,  the  cost  of  support  (not  including  the  ex- 
penses of  supervision  and  of  administration)  may  be  set  down  at 
50  centimes  per  head  for  each  day  of  imprisonment.  Con- 
sequently, it  may  be  claimed  that  the  convict  meets  about  one- 
half  the  cost  of  his  maintenance. 

It  is  important  to  remark  that  in  one  of  the  female  central 
prisons  it  has  been  possible  entirely  to  withdraw  the  subsidy 
granted  to  the  contractor,  the  earnings  of  the  prisoners  being 
sufficient  for  the  support  of  the  establishment.  In  another 
prison  the  contractor,  instead  of  receiving  anything  from  the 
State,  pays  to  it  a  centime  per  day  for  each  convict.  It  is 
permitted  to  hope  from  this  example  that  the  administration 
will  at  length  attain  the  end  which  it  has  always  sought  in 
this  regard,  that  of  exempting  the  treasury  from  the  personal 
expenses  of  the  prisoners  who  are  confined  in  its  great  prisons 
for  punishment.  In  the  houses  of  arrest,  of  justice,  and  of 
correction,  as  in  nearly  all  the  central  prisons,  the  contract 
aystem  of  labour  is  adopted.      The  system  is  worked  upon  the 

-*  This  name  is  given  to  the  three  central  prisons  established  in  the  island  of  Conicft. 
'  The  part  of  his  earnings  belonging  to  the  prisoner. 


54  CONDITION  OF  PRISONS. 

same  principles  in  the  departmental  as  in  the  central  prisons. 
The  short  stay  of  the  prisoners  in  the  greater  part  of  these 
prisons,  the  difficultj  of  organizing  workshops  £or  gronps  of 
individuals,  subdivided  almost  to  infinitude,  not  onlj  because 
of  the  small  importance  of  the  establishment,  but  also  as  a  con- 
sequence of  the  necessity  of  classing  them  in  distinct  categories ; 
and,  in  short,  the  diflference  in  the  number  of  tenths  *  assigned 
to  the  contractor  make  the  departmental  prisons  proportionally 
more  costly  to  the  State  than  the  central  prisons. 

Since  1855,  when  the  service  of  the  houses  of  arrest,  of  jus- 
tice, and  of  correction  became  centralised  in  the  ministry  of  the 
interior,  the  product  of  the  labour,  which,  outside  of  the  pri- 
sons of  the  Seine,  did  not  exceed  16,000  francs,  rose  in  1868  to 
1,811,672  francs  (the  earnings  of  about  14,000  labourers,  out  of 
a  total  number  of  prisoners  amounting  to  22,998).  The  average 
product  of  the  labour,  then,  has  been,  in  the  departmental  pri- 
sons, a  little  more  than  six  centimes  for  each  day  of  imprison- 
ment (8,267,764  days).  In  1868  the  average  expenditure  for 
maintenance  of  these  establishments  was  50*30  centimes  (not 
including  the  expense  of  supervision  and  administration).  To 
sum  up,  it  results,  from  the  preceding  explanations,  that 
the  part  contributed  by  the  prisoner  toward  the  cost  of 
maintenance  may  be  placed  at  50  per  cent,  in  the  central 
prisons,  and  at  about  17  per  cent,  only  in  the  departmental 
prisons. 

The  State,  in  the  public  colonies  for  juvenile  delinquents,  and 
the  director,  in  the  private  colonies,  gets,  in  pruiciple,  the  total 
product  of  the  labour  of  the  inmates.  There  is  no  exception  to 
this  rule,  save  a  deduction  to  provide  for  certain  rewards,  under 
the  title  of  encouragements  to  labour  and  good  conduct,  and  in 
what  relates  to  children  placed  temporarily  with  persons  out- 
side. The  directors  of  the  private  colonies  receive  a  daily  com- 
pensation for  the  labour  of  the  colons^  varying  from  60  to  70 
centimes,  by  means  of  which  they  ought  to  meet  the  expenses 
of  the  administration,  the  cost  of  maintenance,  the  expenses 
occasioned  by  their  primary  and  religious  instruction,  as  well 
as  the  redemption  of  the  originaljjrtof  the  establishmgjxt.  It 
is  difficult  to  estimate  with  P^jfl^^^Hi^  produd[^^|^^pilY 

••  ^-  Persons  under  arrest  and  awaitiflf  ^^^Hf^  ^^^ 

tenths  of  their  earnings.  J  ^^^^^ 


FRANCE.  55 

labour  in  the  penal  colonies.  The  juvenile  prisoners  are  most 
commonly  engaged  in  agricultural  labours,  or  in  improving  the 
estate — labours  whose  value  can  be  counted  only  in  the  in- 
creasedj  value  given  to  the  domain  which  has  been  thereby 
improved.  The  cost  of  maintaining  the  convicts  in  the  bagnio 
of  Toulon — abatement  being  made  of  some  diminutions  of  ex- 
pense— was  estimated,  for  the  year  1868,  at  65*68  centimes  per 
day  for  each  prisoner.  At  Guiana  the  cost  per  day  amounted 
to  not  less  than  1  franc  and  71  centimes,  including  the  propor- 
tional expense  of  transportation  and  return.  There  must,  how- 
.  ever,  be  deducted  from  this  cost  the  value  of  the  work  done  by 
the  convicts,  in  regard  to  which  it  it  impossible  for  the  ministry 
of  the  interior  to  give  sufficient  indications. 

6.  In  regard  to  the  appointment  of  officers  and  their  tenure 
of  office :  The  rules  which  govern  the  naming  of  the  various 
agents  who  compose  the  personnel  of  the  penitentiary  estab- 
lishments are  diflferent  according  as  the  question  relates  to — 1. 
The  central  prisons,  the  agricultural  penitentiaries,  and  the 
public  colonies  of  juvenile  delinquents ;  2.  The  houses  of  arrest, 
of  justice,  and  of  correction ;  3.  The  private  colonies  of  juvenile 
delinquents.  In  the  central  prisons  and  other  similar  estab- 
lishments the  functionaries,  employes,  and  agents,  to  whichever 
service  they  may  be  attached,  that  is,  whether  they  are  proposed 
for  the  administration,  properly  so  called,  or  for  special  ser- 
vices, or  for  supervision,  are  named  by  the  minister  of  the  in- 
terior. An  exception  is  made  in  the  case  of  keepers  called 
residentiary  {stagiaires),  who  are  admitted  by  the  prefects  on 
presentation  by  the  directors. — (Decree  of  December  24th,  1869, 
articles  8  and  9.)  As  regards  the  houses  of  arrest,  of  justice, 
and  of  correction,  the  fdnctionaries  and  employ  A  proposed  for 
the  administration  are  named  by  the  minister,  and  the  employes 
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  ininisterial  approval.  As  regards  the  principal  keepers,  a 
recent  decree  of  the  chief  of  the  executive  power,  under  date  of 
May  Slst,  1871,  reserves  their  appointment  to  the  minister  of  the 
interior.  By  the  terms  of  the  law  of  August  5th,  1850,  relative 
to  the  education  of  juvenile  delinquents,  every  private  peniten- 
colony  is  governed  by  a  responsible  director,  approved  by 


56  CONDITION  OF  PRISONS. 

the  minister  of  the  interior.  The  employ^  placed  under  the 
orders  of  the  director  must  be,  in  like  manner,  approved  by  the 
prefect.  (Lot  du  5  aout  1850 ;  Reglement  general  du  10  avril 
1869.) 

In  the  department  of  the  Seine,  where  the  prisons  are 
managed,  in  many  of  their  relations,  under  authority  of  special 
prorisions,  the  directors  are  named  by  the  minister  of  the  in- 
terior, on  presentation  by  the  prefect  of  police ;  the  other 
employes  are  named  by  the  prefect.  In  eflPect,  it  is  the  prefect 
of  police  who,  in  Paris,  administers  the  penitentiary  establish- 
ments. 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  office  till 
they  have  reached  the  age  at  least  of  sixty  and  have  been  in 
service  thirty  years. 

7.  The  management  of  penitentiary  establishments  requires 
technical  and  administrative  knowledge  of  great  breadth,  and 
offers,  besides,  special  difficulties,  arising  out  of  the  compli- 
cated organization  of  the  service.  It  demands,  in  truth,  a  pro- 
found knowledge  of  business,  of  ministerial  regulations  and 
details,  and  an  unremitting  application,  a  quality  essentially 
requisite  in  all  directors.  The  administrator  who  finds  himself 
face  to  face  with  a  contractor  whose  interests  are  directly  an- 
tagonistic to  those  of  the  State,  ought  to  unite  an  unceasing 
watchfuluess  with  an  intelligent  control.  The  principal  duties 
of  the  administrator  of  penitentiary  establishments — such  as 
the  organization  of  the  prison  labour,  the  examination  of  tariffs 
of  labour,  the  maintenance  of  discipline  in  the  midst  of  a  per- 
verted population,  the  choice  and  employment  of  means  to 
awaken  in  the  prisoners  thoughts  of  repentance  and  ideas  of 
moral  renovation — all  these  duties,  and  others  analogous,  de- 
mand a  special  aptitude,  fortified  by  an  experience  more  or  less 
extended.  Penetrated  with  the  idea  that  the  direction  of  the 
penitentiary  establishments  cannot  be  confided,  without  the 
gravest  risks,  to  agents  who  do  not  offer  the  most  trustworthy 
guarantees,  the  superior  administration  has  established  rigid 
rules  to  guard  against  the  bestowal  of  the  elevated  functions 


FRANCE.  57 

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  dependent  on  conditions  of  time  and  ex- 
perience, varying  according  to  the  importance  of  the  trusts  to 
which  they  aspire. — {Decret  du  24  decembre  1869,  titre  III.)  In 
short,  to  keep  out  of  the  service  of  the  prisons  agents  unable  to 
oflFer  the  guarantees  desired,  a  ministerial  decree,  under  date  of 
March  25th,  1867,  instituted,  in  the  ministry  of  the  interior,  a 
commission  charged  with  the  examination  of  candidates  for 
employment  in  the  active  service  of  the  central  prisons  and  the 
houses  of  arrest,  of  justice,  and  of  correction.  The  projjramme 
of  the  required  examination  comprises  the  following  points: 
writing,  grammar,  arithmetic,  the  principles  of  book-keeping, 
history  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  re- 
lating to  the  penitentiary  regime.  The  examination  includes, 
in  addition,  a  written  composition. 

Thanks  to  these  various  measures,  the  personnel  of  the  prison 
service  is  composed,  for  the  most  part,  of  agents,  enlightened, 
capable,  and  up  to  the  height  of  the  duties  with  which  they  are 
charged.  Many  of  the  higher  officers  unite  to  all  the  aptitudes 
required  in  the  director  of  a  penitentiary  establishment  a  rare 
administrative  ability  and  an  extensive  knowledge  of  crimi- 
nality. In  the  lower  ranks  of  the  personnel^  a  majority  of  the 
agents  are  upright,  zealous,  and  earnestly  devoted  to  their 
duties. 

8.  There  do  not  exist  in  France  schools  specially  devoted 
to  the  education  of  the  direQtors  and  employes  of  prisons,  and 
the  necessity  for  establishing  them  has  not  been  made  ap- 
parent. The  best  school,  in  matters  of  this  kind,  appears  to  be 
that  of  practice  and  experience,  and  the  prescriptions  of  the 
decree  of  December  26,  1869,  constitute,  certainly,  sufficient 
guarantees  that  positions  in  the  prison  service  will  not  be 
confided  to  incapable  and  inexperienced  agents. 

9.  As  has  been  said  in  the  answer  to  a  previous  question, 
prison  officers  whose  commissions  have  not  been  revoked,  con- 


58  CONDITION  OF  PBISONS. 

tiniie  the  exercise  of  their  functions  nntil  the  day  of  their 
retirement  from  the  service.  The  different  agents  of  the 
penitentiary  administration  are  subject,  as  regards  their  re- 
tirement and  the  pension  that  may  be  granted  them,  to  the 
rules  embodied  in  the  law  of  June  9,  1853,  relating  to  civil 
pensions.  The  principle  laid  down  by  this  law  is,  that  eveiy 
public  functionary,  paid  directly  from  the  funds  of  the  State, 
has  a  legal  claim  to  a  retiring  pension,  when  he  fulfils  the 
required  conditions  of  age*  and  of  continuance  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  superadded  to  them  twelve  years,  at  least,  of  civil  services. 
Moreover,  a  pensidn  can  be  granted  at  fifty  years  of  age,  and 
after  twenty  years  of  service,  to  those  who  have  become  in- 
capacitated 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  fix)in 
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  of  their  fellow-citizens,  or  as  the  result 
of  a  struggle  or  combat  encountered  in  the  discharge  of  their 
duties;  2.  Those  to  whom  a  grave  accident,  resulting,  no- 
toriously, fi'om  the  exercise  of  their  functions,  shall  have  made 
it  impossible  to  continue  in  the  service. 

10.  Simple  imprisonment  is  a  correctional  punishment ;  its 
duration  is  for  six  days  at  least,  and  for  five  years  at  farthest 
The  individual  sentenced  to  simple  imprisonment  may  be 
deprived,  wholly  or  in  part,  of  his  civil  and  his  family  rights. 
In  case  of  relapse  the  duration  of  the  punishment  may  be 
doubled.  The  punishment  of  simple  imprisonment  is  under- 
gone in  the  departmental  houses  of  correction,  in  case  it  is 
not  for  more  than  a  year.  Sentences  to  simple  imprisonment 
for  more  than  a  year  are  undergone  in  the  central  prisons 
of  hard  labour  and  correction.  The  convict  is  employed  at 
some  one  of  the  labours  carried  on  in  the  establishment. 
(Articles  40  and  41  du  Code  penal). 

Beclusion  is  a  punishment  afflictive  and  infamous.     Every 
-person  sentenced  to  reclusion  is  confined  in  a  central  prison, 


FRANCE.  59 

and  employed  in  labours  which  are  carried  on  in  the  prison. 
The  duration  of  this  punishment  is  for  five  years  at  least,  and 
for  ten  years  at  the  utmost.  A  sentence  to  the  punishment 
of  reclusion  implies,  moreover,  the  loss  of  civic  rights.  Hard 
labour  is  an  afiSictive  and  infamous  punishment.  The  actual 
mode  of  application  of  this  punishment  is  regulated  by  the  law 
of  May  30  and  June  1,  of  which  mention  has  already  been 
made.  The  sentence  to  hard  labour  for  life  implies  civic 
degradation  and  civil  death.  A  sentence  to  hard  labour  for 
a  limited  term  draws  after  it  civic  degradation.  The  person  so 
sentenced  is,  during  the  continuance  of  his  punishment,  in  a 
state  of  civil  death.  A  guardian  and  subrogate  guardian  are 
appointed  for  him,  to  manage  and  administer  his  goods.  The 
sentence  which  imposes  the  punishment  of  hard  labour  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  committed,  and  in  that  of  the  domicile  of 
the  convict.  Criminals  sentenced  to  hard  labour  for  a  limited 
term  are,  at  the  expiration  of  their  sentence  and  during  their 
whole  life,  legally  under  the  supervision  of  the  police. 

11.  In  the  departmental  prisons  the  prisoners  are,  as  much 
as  possible,  divided  into  classes.  Adults  and  juveniles  under 
arrest,  and  civil  and  military  prisoners  en  route,  occupy  separate 
places  in  a  ward  which  takes  the  name  of  house  of  arrest. 
The  accused,  and  persons  sentenced  by  the  court  of  assizes, 
awaiting  their  transfer,  occupy  distinct  places  in  a  ward  which 
takes  the  name  of  house  of  justice.  Persons  sentenced  to 
simple  police  punishments,  and  those  sentenced  correctionally 
to  punishments  whose  duration  does  not  exceed  a  year, 
are  confined  in  a  special  ward,  which  takes  the  name  of 
house  of  correction.  In  the  female  wards,  the  arrested,  the 
accused,  the  sentenced,  young  girls,  and  prisoners  en  route, 
form  distinct  classes,  and  occupy  separate  apartments,  as  far  as 
the  prison  buildings  permit.  In  wliat  concerns  the  classes  of 
sentenced  prisoners  forming  the  populations  of  the  central 
prisons,  the  second  article  of  the  royal  ordinance  of  April  2, 
1817,  directs  that  persons  sentenced  by  courts  of  assizes  and 
by  correctional  tribunals  shall  be  confined  in  distinct  and 
separate  places.  Hitherto  it  has  not  been  possible  to  apply 
this  rule,  but  the  central  administration  has  for  some  time 


60  CONDITION  OF  PRISONS. 

had  under  consideration  a  project  which  will  enable  it  soon  to 
give  effect  to  the  terms  of  the  above-mentioned  ordinance. 
Conformably  to  this  project,  certain  central  prisons  will  be 
exclusively  devoted,  some  to  reclusionaries,  others  to  correc- 
tionals.  The  male  and  female  prisoners  undergo  their  punish- 
ments in  distinct  central  prisons.  Special  wards  in  the  central 
prisons  of  Clairvaux  and  of  Mmes  are  reserved  for  persons 
sentenced  to  simple  imprisonment.  Juveniles  from  sixteen  to 
twenty-one  years  of  age,  who  from  their  age  are  exposed  to 
certain  dangers  from  which  it  is  necessary  to  vdthdraw  them, 
are  placed  in  the  agricultural  penitentiary  of  Castelluccio, 
Corsica,  or  in  special  wards.  For  a  long  time  the  French 
administration  has  felt  the  necessity  of  creating  in  the  prisons 
classes  based,  above  all,  upon  the  degree  of  perversity  of 
the  convicts  confined  in  them.  Thus,  on  the  one  side,  the 
dangerous  prisoners,  those  who,  before  their  conviction,  had  a 
character  which  would  be  likely  to  expose  them  to  the  outrages 
of  their  fellow-prisoners,  or  who  might  be  a  cause  of  disorder 
and  insubordination,  are  placed  in  special  cellular  wards,  called 
wards  of  isolation.  Wards  to  which  has  been  given  the  name 
of  wards  of  preservation  and  amendment,  have,  on  the  other 
side,  been  established  in  various  central  prisons  and  appro- 
priated to  persons  sentenced  for  a  first  offence  committed  under 
the  influence  of  a  sudden  impulse,  or  of  some  violent  and 
momentary  passion. 

This  experiment  is  still  so  recent  that  it  would  be  rash  to 
pronounce  upon  its  results  ;  but  the  conditions  under  which  it 
has  been  thus  far  conducted  are  of  a  nature  to  encourage  the 
administration  to  persevere  in  the  path  on  which  it  has  entered. 
It  can  be  afSrmed  that  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.  They  have  been  remark- 
able for  their  industrious  application  to  work,  and  the  local 
administration  has  rarely  been  under  the  necessity  of  putting 
them  back  into  the  common  ward. 

12.  Prisoners  may  be  restored,  by  pardon,  to  free  life ;  they 
can  also  obtain  commutations  or  reductions  of  punishment 
An  ordinance  of  February  6, 1818,  fixes  the  rules  to  be  followed 
in  applications  for  clemency,  which  is  generally  exercised  in 


FRANCE.  61 

concert  with  the  administrative  and  judicial  authorities.  The 
admission  of  prisoners  on  the  registers  of  preservation  is  not 
exclusively  the  result  of  their  good  conduct  in  prison.  Regard 
is  also  had  to  their  antecedents  and  the  causes  of  their  convic- 
tion. Greater  severity  and  circumspection  are  shown  in  regard 
to  recidivists  and  to  convicts  whose  crimes  point  them  out  as 
specially  dangerous,  as  well  as  in  regard  to  those  who,  from 
their  criminal  connections,  would  seem  almost  sure  to  fall  back 
into  crime  after  their  liberation.  As  a  general  thing,  prisoners 
placed  on  the  lists  of  preservation  must  have  previously  under- 
gone one-half  of  their  punishment ;  still,  this  condition  is  not 
indispensable.  Finally,  what  is  to  be  said  relating  to  military 
prisoners  will  be  introduced  under  a  special  head. 

13.  The  products  of  the  labour  of  persons  sentenced  correc- 
tiomilly,  who  undergo  their  punishment  in  a  departmental 
house  of  correction,  are  shared  in  moieties  between  the  ad- 
ministration and  the  prisoners,  the  administration  surrendering 
its  share  to  the  contractors,  who,  by  the  terms  of  their  contract, 
are  charged  with  the  entire  expense  of  the  economic  services. 
The  State  pays  to  the  contractors,  in  addition,  a  fixed  sum  for 
each  day  of  imprisonment.  Labour  is  obligatory  only  for  those 
who  have  been  sentenced.  The  arrested  and  the  accused  can 
work  when  they  desire  it,  and  when  it  is  possible  to  place  tools 
in  their  hands  without  having  to  fear  suicides  or  escapes.  The 
labour  of  the  arrested  and  the  accused,  who  have  a  right  to  the 
whole  of  the  product,  is  the  object  of  special  agreements.  To 
indemnify  the  contractor,  who  has  to  furnish  material  and 
tools,  there  is  made,  in  his  favour,  from  the  sum  total  of  their 
earnings,  a  deduction  of  three-tenths.  In  the  central  prisons 
the  product  of  the  labour  is  divided  into  tenths.  A  portion  of 
these  tentiis  is  assigned  to  the  convicts,  and  takes  the  name  of 
peculium.  The  quota  of  tenths  granted  to  the  convicts  is  de- 
termined by  the  nature  of  the  punishments  and  the  number  of 
convictions  incurred.  The  assignment  is  adjusted  between  the 
three  classes  thus:  correctionals,  five-tenths;  reclusionaries, 
four-tenths ;  those  sentenced  to  hard  labour,  three-tenths.  The 
part  assigned  to  prisoners  sentenced  on  relapse  is  reduced  from 
one  to  two-tenths  for  each  previous  conviction,  down  to  the 
limit  of  the  last  tenth,  which  is,  under  all  circumstances,  paid 
to  the  convict.     The  peculium  is  divided  by  moieties  into  pecu- 


52  CONDITION  OF  PRISONS. 

origin  the  most  diverse — arrested,  accused,  persons  sentenced 
for  at  least  a  year,  convicts  awaiting  transfer,  young  prisoners, 
civil  and  military  prisoners  en  routCy  etc.,  etc.  Separation  by 
classes  presents  no  difficulties,  but  there  is  a  selection  to  be 
made  of  persons  for  each  class,  which  requires  great  dis^rimina- 
ation  and  a  special  study  of  the  cases  and  character  of  every 
prisoner  to  prevent  a  corrupting  contact  with  others.  The 
chief  keepers  of  the  prisons  of  arroncUssementy  who  have  to 
maintain  the  order  and  police  of  the  prison  and  to  watch  over 
the  general  services  of  the  house,  cannot  be  required  to  engage 
in  this  minute  study  of  prisoners.  That  is  impossible,  and  it 
is  what  renders  promiscuous  association  so  dangerous.  Indi- 
vidual imprisonment,  moreover,  it  would  seem,  ought  to  give 
to  punishments  of  short  duration  a  character  of  intimidation, 
which  they  now  lack,  the  existing  system  too  often  producing 
only  the  sad  eflfect  of  familiarising  the  prisoner  with  the  regime 
of  the  prison.  The  consideration  of  economy,  which  heretofore 
has  been  of  controlling  force,  and  whose  reality  has  been  placed 
in  doubt  by  recent  examples,  no  longer  seems  sufficient  to 
balance  the  opposite  considerations  of  public  morality,  which 
recommend  the  abandonment  of  the  reghne  in  common  as  far 
as  the  arrested,  the  accused,  and  persons  sentenced  to  short 
imprisonments  are  concerned. 

5.  Provision  for  the  cost  of  maintenance  of  the  prisoners  in 
most  penitentiary  establishments  is  made — 1.  By  the  payment 
by  Government  of  a  sum  for  each  day  of  imprisonment,  fixed 
by  contract,  for  a  period,  on  agreement  of  tho  parties,  generally 
of  three,  six,  or  nine  years ;  2.  By  the  right  conceded  to  the 
contractor,  who  has  made  the  highest  bid,  to  the  product  of 
the  prison  labour,  on  condition  that  he  pay  to  the  prisoners  a 
portion  of  their  earnings,  the  amount  of  which  varies  according 
to  the  penal  class  to  which  each  prisoner  belongs.  The  price 
of  the  labour  is  fixed  by  special  tarifis,  approved  for  each 
industry  by  the  superior  administration.  In  consideration  of 
these  conditions  the  contractor  is  obliged  to  provide  for  the 
board  and  maintenance  of  the  prisoners,  in  health  and  sickness, 
as  well  as  meet  numerous  obligations  specified  in  a  list  of 
charges,  which  comprises  not  less  than  one  hundred  and  six- 
teen articles.  <• 

Several  important  penitentiary  establishments  are  adminis-* 


FRANCE.  53 

tered,  as  regards  their  industries,  directly  by  the  State.  This 
mode  of  administration  admits  of  a  practical  comparison  of  the 
two  systems,  and  affords  also  the  possibility  of  utilising  the 
labour  of  the  convicts  under  certain  conditions  which  are  quite 
incompatible  with  the  management  of  the  industries  by  way  of 
contract;  such,  for  example,  as  agricultural  labour. 

According  to  the  latest  statistics,  the  product  of  the  labour 
in  the  central  prisons,  agricultural  penitentiaries,^  and  kindred 
establishments,  brought  an  average  gain  of  74-33  centimes 
for  each  day  of  labour^  which  was  reduced  to  63*90  centimes 
for  each  day  of  detention^  or  of  presence  in  the  establishment. 
The  average  peculium,^  assigned  to  each  prisoner  on  the  above- 
mentioned  gain,  was  33*48  centimes  for  each  day  of  lahour^  and 
24*68  centimes  for  each  day  of  detention.  The  contractor 
received,  from  the  tenths  conceded  to  him,  25*73  centimes  for 
^ach  day  of  detention.  This  sum  represents  the  part  which 
the  prisoners  contribute  toward  their  support  by  labour.  The 
proportion  is  the  same  for  the  two  central  prisons  and  the 
three  agricultural  colonies,  whose  industries  are  managed  by 
t  he  State.  In  general,  and  with  the  exception  of  the  establish- 
ments in  Corsica,  the  cost  of  support  (not  including  the  ex- 
penses of  supervision  and  of  administration)  may  be  set  down  at 
50  centimes  per  head  for  each  day  of  imprisonment.  Con- 
sequently, it  may  be  claimed  that  the  convict  meets  about  one- 
half  the  cost  of  his  maintenance. 

It  is  important  to  remark  that  in  one  of  the  female  central 
prisons  it  has  been  possible  entirely  to  withdraw  the  subsidy 
granted  to  the  contractor,  the  earnings  of  the  prisoners  being 
sufficient  for  the  support  of  the  establishment.  In  another 
prison  the  contractor,  instead  of  receiving  anything  from  the 
State,  pays  to  it  a  centime  per  day  for  each  convict.  It  is 
permitted  to  hope  from  this  example  that  the  administration 
will  at  length  attain  the  end  which  it  has  always  sought  in 
this  regard,  that  of  exempting  the  treasury  from  the  personal 
expenses  of  the  prisoners  who  are  confined  in  its  great  prisons 
for  punishment.  In  the  houses  of  arrest,  of  justice,  and  of 
correction,  as  in  nearly  all  the  central  prisons,  the  contract 
system  of  labour  is  adopted.      The  system  is  worked  upon  the 

-*  This  Dame  is  giyen  to  the  three  central  prisons  established  in  the  island  of  Corsica. 
'  The  part  of  his  earnings  belonging  to  the  prisoner. 


64  CONDITION  OF  PRISONS. 

or  in  public,  isolation  at  meals,  erasure  from  the  roll  of  honour, 
and  confinement  in  the  punishment  cell.  Escape  from  prison 
involves  the  loss  of  the  peculium  of  the  juvenile  prisoner,  and 
prevents  his  being  proposed  as  a  candidate  for  provisional  liberty. 
Confinement  in  a  punishment  cell  can  be  inflicted  only  for 
ofiences  of  the  gravest  character. 

1 7.  Every  day  (Sundays  and  fete-days  excepted)  the  director 
of  a  central  prison,  assisted  by  hi^  assessors,  holds  a  tribunal  of 
disciplinary  justice,  at  which  are  required  to  appear  prisoners 
reported  on  the  previous  evening  as  having  committed  some 
infraction.  The  chief  keeper  inscribes,  at  the  same  moment, 
upon  his  register  the  decisions  of  the  director.  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.  In  the  colonies  of  juvenile  delinquents  the  director 
alone  has  the  right  of  inflicting  punishments ;  these  must  be 
inscribed  on  a  special  register,  and  on  the  bulletin  of  moral 
statistics,  which  is  attached  to  the  papers  {dossier)  of  each 
inmate. 

18.  In  the  houses  of  arrest,  of  justice,  and  of  correction,  a 
chaplain,  chosen  ordinarily  from  among  the  priests  attached  to 
a  parish  of  the  city,  is  charged  with  the  moral  and  religious 
service.  In  each  of  the  central  prisons,  and  of  the  more  impor- 
tant houses  of  arrest,  of  justice,  and  of  correction,  a  special 
chaplain  is  exclusively  devoted  to  the  religious  service,  and  is 
considered  a  regular  employ^  of  the  establishment.  Liberty  of 
conscience  is  guaranteed  to  convicts  of  all  religions.  Every 
prisoner,  on  his  entrance  into  the  prison,  is  required  to  declare  to 
what  religion  he  adheres,  a  declaration  whose  truth  is  verified 
by  an  administrative  information,  and  in  case  he  does  not  belong 
to  the  Catholic  religion  he  is  transferred,  whenever  it  is  possible, 
to  an  establishment  designed  to  receive  prisoners  of  the  same 
religion  with  himself.  In  the  houses  of  arrest,  of  justice,  and 
of  correction,  every  non-Catholic  prisoner  under  arrest  or  accu- 
sation, whether  Protestant  or  Israelite,  is  interrogated  as 
soon  as  he  enters  the  prison,  to  ascertain  whether  he  wished 


FRANCE.  65 

io  be  visited  by  a  minister  of  his  religion^  and,  upon  his  affirma- 
tive response,  the  minister  least  distant  froni  the  establishment 
IS  written  to  and  informed  of  his  wish.  As  regards  the  convicts, 
the  regulations  are  formal ;  they  are  required  to  be  present  at 
all  the  exercises  of  their  religion  in  the  prison  where  they  are 
undergoing  their  punishment. 

19.  In  the  houses  of  arrest,  of  justice,  and  of  correction, 
which  in  general — save  in  the  chief  places  of  the  departments 
— have  but  a  moderate  population,  the  duties  of  the  chaplain 
are  limited  to  celebrating  divine  service  on  Sundays  and  fSte-^ 
days,  to  giving  to  the  prisoners,  at  least  once  a  week,  a  religious 
discourse,  to  visiting  the  dungeons,  cells,  and  infirmaries,  to 
being  present  with  those  condemned  to  death  at  their  last 
moments,  to  visiting  the  sick  when  they  desire  it,  and  to  teach- 
ing the  catechism  to  the  young  prisoners  who  have  not  made 
their  first  communion.  His  visits  in  the  prison  must  be  made 
at  least  twice  a  week.  These  obligations  are  common  to  the 
ministers  of  dissenting  religions  in  everything  which  is  appli- 
cable to  them.  In  the  large  penitentiary  establishments,  the 
chaplains  consult  with  the  directors  in  determining  upon  the 
various  religious  offices  and  services.  They  visit  the  infirmaries, 
the  sick,  the  places  of  punishment,  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  infir- 
mities, from  taking  part  in  the  labours  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. 

20.  Religious  instruction  cannot  have  a  great  importance  in 
the  houses  of  arrest,  of  justice,  and  of  correction,  as  their  popu- 
lation is  renewed  almost  daily,  more  particularly  in  the  houses 
of  arrest  of  arrondissement.  The  chaplains  of  these  establish- 
ments, being  at  the  same  time  parish  priests,  have  not  generally 
the  time  necessary  to  discharge  their  ministry  with  success. 
In  establishments  situated  in  the  chief  place  of  the  department, 
where  the  sojourn  of  the  prisoners  is  more  prolonged,  the  chap- 
lain is  often  exclusively  attached  to  the  prison.  He  can  then 
devote  more  time  to  the  reformation  of  the  prisoners.  In  the 
central  prisons  for  women,  where,  over  and  above  the  aid  of  the 

p 


66  CONDITION  OF  PRISONS. 


chaplain,  there  is  that  of  religions  communities,  to  whose  care 
is  confided  the  serrice  of  supervision,  it  is  no  nncommon  thing 
to  see  ])risoners  come  to  themselves,  and  renounce  a  past 
which  they  striye  to  forget.  Prison  reform  has  found  an  active 
co-operation  in  the  devotion  and  piety  of  the  sisters.^  Beli- 
gious  instruction  does  not  yield,  in  the  central  prisons  for  men, 
as  good  results  as  in  those  for  women,  whatever  may  be  the 
efforts  of  the  chaplains.  Eecent  statistical  studies  have  informed 
us  that,  generally,  convicts  coming  from  the  country  are  more 
accessible  to  religious  sentiments,  and  the  precepts  of  morality, 
than  those  from  great  cities,  that  is  to  say,  from  important 
manufacturing  cities,  where  corruption  is  more  advanced 
and  where  the  principles  of  religion  are  often  ignored  or 
denied. 

21.  No  person  is  admitted  into  prisons  to  labour  for  the 
reformation  of  the  prisoners,  without  a  special  authorisation 
from  the  minister  of  the  interior.  In  the  houses  of  arrest, 
of  justice,  and  of  correction,  commissions  of  supervision,  com- 
posed of  men  held  in  the  highest  esteem  in  each  department, 
have  been  formed,  whose  mission  is  to  watch  over  all  the 
services  of  the  prison,  and,  in  particular,  over  everything  that 
relates  to  the  moral  reformation  of  the  prisoners.  These  com- 
missions are  called,  above  all,  to  give  their  services  in  the 
prisons  of  arrondissementy  where  the  action  of  the  director, 
whose  residence  is  at  the  chief  place  of  the  department,  is  not 
immediately  felt.  Commissions  of  supervision  have  not,  as 
yet,  performed  any  services  in  the  central  prisons. 

22.  There  are  not  in  our  prisons  any  Sunday-schools,  properly 
so  called.  The  administration  aims  to  have  the  repose  of  the 
Sabbath  strictly  observed,  and  the  day  consecrated  to  religious 
offices,  and  to  the  reading  of  moral  and  instructive  works. 
Yet  a  number  of  the  chiefs  of  penitentiary  establishments,  with 
a  view  to  avert  the  dangers  of  a  protracted  idleness,  have 
thought  it  their  duty  to  organise  an  hour  of  school  on  Sunday. 
The  superior  administration  has  generalised  this  innovation. 
In  the  penitentiary  colonies,  where,  at  a  certain  period  of  the 
year,  the  exigencies  of  agricultural  labour  put  an  end  to  the 
work  of  the  class-room,  the  juvenile  prisoners  find  compensa- 

*  A  special  religious  order — the  order  Marie- Joseph — was  fonnded  thirty  years  ago, 
for  the  serrice  of  supervision  of  female  prisons. 


FRANCE.  67 

tion  in  the  instruction  given  them,  for  two  hours,  on  the 
Sabbath. 

23.  A  special  regulation  of  the  administration  determines, 
in  each  house  of  arrest,  of  justice,  or  of  correction,  the  days 
and  hours  on  which  attention  must  be  given  to  correspondence. 
In  the  central  prisons,  ordinarily  the  prisoner  can,  once  a 
month,  on  a  Sunday,  or  a  feast-day,  write  to  his  family.  He 
can  correspond  only  with  his  nearer  relatives,  and  with  the 
guardian  appointed  for  him,  in  execution  of  the  nineteenth 
article  of  the  penal  code,  save  in  exceptional  cases,  of  which  it 
belongs  to  the  director  to  judge.  All  relation  with  convicts 
confined  in  other  prisons,  and  even  vrith  persons  arrested  or 
accused,  is  forbidden  him,  unless,  at  least,  there  exist  ties  of 
consanguinity  between  them  and  the  prisoner.  The  same  pro- 
hibition exists  in  regard  to  liberated  prisoners — no  communi- 
cation being  permitted  with  them.  In  a  word,  the  administration 
permits  to  the  convict  correspondence  only  with  his  family,  and 
such  as  is  absolutely  required  by  attention  to  positive  inte- 
rests. The  letters  which  prisoners  may  have  occasion  to  address 
to  the  administrative  authorities,  and  letters  relating  to  disclo- 
sures to  be  made  to  the  judicial  authority,  go  sealed  to  their 
destination,  without  having  undergone  the  inspection  of  the 
chief  of  the  establishment.  In  this  regard  any  facility  is 
accorded  to  the  prisoners.  The  directors  of  prisons  are  chai'ged 
with  examining  the  correspondence  of  the  prisoners  on  their 
arrival  and  at  their  departure.  This  duty  is  confided  to  the 
chief  keepers  in  the  houses  of  arrest,  of  justice,  and  of  cor- 
rection. The  letters  retained  by  these  last  must  be  sent  to  the 
mayor  or  the  sub-prefect,  who  considers  whether  there  is  any 
occasion  to  deprive  the  prisoner  of  his  correspondence.  With 
regard  to  permission  to  receive  letters  from  outside,  the  prison 
regulation  determines  still  the  conditions  of  the  correspondence. 
In  the  central  prisons  it  is  the  duty  of  the  directors  to  arrest 
all  letters  which  contain  communications  in  violation  of  the 
rules  of  the  service.  In  such  cases  extracts  are  made  which 
are  imparted  to  the  convict. 

24.  Correspondence  with  friends  other  than  relations  is  not 
allowed.  The  prisoner  can  write  only  to  the  members  of  his 
family  most  nearly  related  to  him.  If  appearances  may  be 
trusted,  if  account  is  taken  of  the  sacrifices  which  the  prisoner 

f2 


68  CONDITION  OF  PRISONS. 

imposes  on  himself  in  sending  to  his  fhmily  pecuniary  aid,  we 
are  compelled  to  recognise  the  fact  that  the  ties  of  relationship 
are  still  very  strong. 

25.  The  reasons  which  have  led  to  the  prohibition  of  all  cor- 
respondence with  their  friends,  equally  forbid  that  they  should 
receive  the  visits  of  these  latter.  Beyond  the  cases  of  special 
authorisation  by  the  prefects  and  sub-prefects,  convicts  can 
receive  no  visits.  There  are,  nevertheless,  excepted  from  this 
rule  the  father,  mother,  wife,  husband,  brother,  sister,  uncle,  aunt, 
and  guardian,  for  whom,  in  the  departmental  prisons,  the  written 
authorisation  of  the  sub-prefect  suffices,  and  in  the  central 
prisons  that  of  the  director  of  the  establishment  or  the  prefect. 
As  regards  the  visits  made  necessary  by  higher  considerations, 
such  as  those  of  advocates,  notaries,  magistrates,  or  ministerial 
officers,  a  special  authorisation  is  necessary,  and  is  generally 
accorded.  Prisoners  arrested  or  accused  can  receive  the  visits 
of  their  relatives,  or  carry  on  correspondence  with  them,  only 
so  far  as  the  committing  magistrate  or  the  attorney-general  of 
the  republic  shall  not  have  forbidden  it. 

26.  The  special  rule  of  each  establishment  determines  the 
days  and  hours  at  which  it  is  permitted  to  relatives  to  visit 
the  prisons.  Permits  of  communication  are  given — on  work- 
days, only  for  the  hours  of  recreation  ;  on  feast-days  and 
Sundays,  only  at  times  not  consecrated  to  religious  offices. 
During  the  visit,  the  duration  of  which  is  fixed  by  rule,  and 
does  not  ordinarily  exceed  twenty  or  twenty-five  minutes,  an 
agent  of  the  service  of  supervision  is  present  for  the  purpose  of 
preventing  all  communication  other  than  that  by  word  of  mouth, 
and  to  overlook  the  parties  and  prevent  whatever  might  give 
occasion  to  abuses  or  to  infractions  of  the  discipline.  Yet  the 
directors  accord  to  the  prisoner,  under  certain  circumstances, 
greater  facility  and  more  liberty  to  communicate  with  the 
members  of  his  family  than  is  indicated  above. 

27.  The  moral  effect  of  these  visits  is,  in  general,  rather  good 
than  bad. 

28.  The  number  of  prisoners  who  are  able  to  read  at  the 
time  of  their  commitment  may  be  determined  thus :  During 
the  three  years  1867  to  1869,  when  the  average  number  of 
prisoners  under  arrest  and  accusation  rose  to  44,133,  1,939 
persons  (men  and  women)  were  able  to  read — that  is,  43*7  per 


FRANCE.  69 

cent.  During  the  years  1866  to  1868  the  a^^erage  number  of 
convicts  rose  to  18,463 ;  of  this  number  2,348  were  able  to 
read,  which  gives  an  average  of  12*72  per  cent,  per  annum. 
Finally,  during  the  same  three  years,  out  of  a  mean  population 
of  juvenile  prisoners  to  the  number  of  8,139,  1,532  were  able  to 
read,  which  is  an  average  of  18*86  per  cent. 

29.  The  organization  of  primary  instruction  in  the  peni- 
tentiary establishments  of  France  dates  really  from  1819.  In 
virtue  of  a  decree  of  December  26  of  that  year,  primary  in- 
struction, embracing  reading  and  the  first  elements  of  calcula- 
tion, was  required  to  be  given  to  prisoners,  following,  as  far  as 
their  number  permitted,  the  method  of  mutual  instruction.  Since 
that  time  the  administration  has  established  schools  in  all  the 
important  prisons.  In  1866,  the  minister  of  the  interior 
ordered  that  a  greater  extension  be  given  to  primary  instruc- 
tion, and  required  that  almost  the  entire  prison  population 
should  be  made  to  share  in  it,  with  the  exception  of  old  men, 
invalids,  and  those  whose  peiTersity  requires  their  exclusion. 
The  greater  part  of  the  departmental  prisons  are  necessarily 
without  schools,  on  account  of  the  very  brief  sojourn  of  the 
prisoners  in  them,  and  the  obligation  which  exists  of  separating 
the  different  classes ;  but  the  administration  has  succeeded  in 
organizing  schools  in  the  prisons  of  the  chief  places  of  depart- 
ments, in  which  the  greater  number  of  prisoners  permits  the 
employment  of  a  clerk,  who  is  charged  at  the  same  time  with 
the  keeping  of  the  school.  In  the  establishments  of  correctional 
education  primary  instruction  is  requited  to  be  given  to  all  the 
juvenile  prisoners.  It  comprises  reading,  writing,  the  first  four 
rules  of  arithmetic,  and  the  legal  system  of  weights  and  measures. 
To  this  list  of  branches  may  be  added  mental  calculation,  sur- 
veying, linear  drawing,  and  general  notions  on  the  geography 
and  history  of  France.  It  is  in  like  manner  recommended  that, 
in  the  establishments  appropriated  to  young  girls,  elementary 
instruction  be  carefully  impar^d. 

30.  The  penitentiary  administration  has  not  been  able,  thus 
far,  to  allow  all  the  prisoners  to  participate  in  the  benefits  of  pri- 
mary instruction.  Whilst  striving  to  give  a  stronger  impulse 
to  instruction,  it  has  been  obliged  to  discriminate  in  admitting 
prisoners  to  the  school,  by  receiving  first  the  youngest,  after- 
ward adults,  and  among  the  latter  those  whose  conduct  is  the 


70  CONDITION   OF  PKISONS. 

most  gatisfactorj.  In  most  of  the  male  prisons  tlie  nomber  of 
prisoners  admitted  to  the  school  varies  from  12  to  15  per  cent. 
of  the  total  population.  In  the  female  prisons,  it  is  from  5  to 
8  per  cent.  Attendance  at  school  is  obligatory  on  all  the 
jurenile  prisoners.  Several  hours  of  each  day  must  be  spent 
in  school,  except  when  the  exigencies  of  agricultural  labour  at 
the  time  of  harvest  compels  a  restriction  of  the  schooling  to 
Sondays. 

31.  The  instruction  given  in  the  prison  schools  consists  of 
reading,  writing,  calculation,  a  little  orthography  and  geo- 
graphy, and  the  metric  system.  As  regards  the  methods  fol- 
lowed,  the  sj'stems  are  different ;  they  vary  according  to  the 
judgment  and  taste  of  the  teachers.  In  the  more  important 
houses  of  arrest,  of  justice,  and  of  correction,  and  in  the  male 
central  prisons,  the  school  is  presided  over  by  a  lay  teacher,  to 
whom  the  chaplain  lends,  from  time  to  time,  his  co-operation, 
in  order  to  give  to  the  instruction  the  moral  and  religious 
character  which  the  administration  seeks  always  to  impress 
upon  it.  Monitors  are  selected  from  among  the  more  intelligent 
and  better  educated  prisoners.  In  the  female  central  prisons 
the  school  is  confided  to  the  care  of  religious  sisters.  They 
are  aided  by  monitresses  chosen  from  among  the  prison  popula- 
tion. The  progress  made  by  the  prisoners  of  both  sexes  is 
generally  rather  slow,  owing  to  the  little  aptitude  of  the  greater 
part  of  the  scholars.  Many  of  the  prisoners  who  entered  wholly 
illiterate  leave  the  prison  knowing  how  to  read,  to  write  pass- 
ably well,  and  to  perform  the  simpler  operations  of  arithmetic ; 
but  a  complete  elementary  education  is  rare.  The  administra- 
tion has  not  been,  thus  far,  as  well  satisfied  as  it  could  have 
wished  with  the  results  of  the  instruction  given  in  the  prisons. 
It  is  at  this  moment  engaged  in  seeking  new  methods  of  in- 
struction, and  the  council  of  general  inspection  is  charged  with 
the  study  of  measures  to  l)e  adopted  for  a  better  organization  of 
the  Hchools  in  i\ui  penitentiary  establishments.  The  teachers 
are  required  t^>  inak«  OfUih  year  the  reports  necessary  to  inform 
the  8Ui>erior  aduiiniiitration  a«  to  the  progress  of  instruction. 
They  must  ntato  tlie  dirgr<*e  of  education  possessed  by  the 
young  primnusm  at  ilui  Hunt  of  tlieir  entrance  into  the  estab- 
lishment* Mention  of  thiij,  and  of  the  date  of  admission  to 
the  school,  are  writit?»  im  Hut  tabLetN  of  each  scholar,  under  his 


FRANCE.  71 

name,  to  which  is  added  a  statement  of  his  age.  The  tablets 
are  shown  to  the  inspectors-general  at  the  time  of  their  visits, 
so  that  they  may  personally  assure  themselves  of  the  progress 
of  each  juvenile  prisoner,  and  particularly  of  those  who  are  soon 
to  be  liberated. 

32.  At  the  end  of  successive  studies  on  the  subject  of  libraries, 
the  minister  of  the  interior  addressed,  in  l664,  to  all  the  heads 
of  penitentiary  establishments,  a  catalogue  comprising  the 
books  which  were  thereafter  required  to  be  distributed  for  the 
reading  of  the  prisoners.  This  catalogue  includes  works  for 
Catholics,  Protestants,  and  Israelites,  which  are  intended  to 
serve  for  their  moral  and  religious  instruction ;  also  books  of 
history,  accounts  of  voyages,  literary  works,  treatises  on  ordi- 
nary 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  religion  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  organizing  libraries  in  all  the 
penitentiary  establishments.  This  measure,  which  is  on  the 
point  of  realization,  will  involve  in  the  purchase  of  books  an 
expenditure  of  about  30,000  francs. 

33.  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 
labour.  Sometimes  such  readings  are  given  during  meal-time 
in  the  refectory.  The  prisoners  listen  to  them  with  interest, 
but  those  who  know  how  prefer  to  read  to  themselves.  The 
distribution  of  books  takes  place  under  the  superintendence  of 
an  agent  of  the  administration — namely,  either  the  instructor 
or  the  chaplain,  who,  in  his  selection  of  books,  has  regard  to 
the  antecedents,  the  aptitudes,  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 
Tvhich  are  consistent  with  the  exigencies  of  the  service.     The 


72  CONDITION   OF  PKISONS. 

obligation  of  silence  imposed  on  the  prisoners  by  the  regnlation 
of  May  10,  1839,  has  greatly  contributed  to  a  love  for  reading 
on  their  part.  Books  specially  written  for  prisoners  are  not 
those  which  they  prefer.  They  read  with  greater  pleasure 
books  of  history,  voyages,  novels,  and  narratives  which  have 
touches  of  the  marvellous,  of  elevated  sentiment,  and  of  re- 
nowned actions.  Reading  exerts  a  happy  moral  influence  upon 
the  prisoners.  Those  who  contract  a  taste  for  it  during  their 
imprisonment  are  generally  well  behaved.  Properly  directed, 
reading  effects  a  salutary  revolution  in  the  soul  and  imagina- 
tion of  the  prisoner.  Hence,  the  choice  of  books  is  a  matter  of 
great  importance.  Works  which  amuse  by  the  interest  of  the 
drama  and  the  charm  of  the  style,  and  those  which  have  in 
them  an  element  of  instruction,  contribute  to  enlighten  and  to 
inform  the  prisoner,  at  the  same  time  that  they  afford  to  him 
diversion  and  consolation.  They  serve  to  awaken  in  him  the 
love  of  home,  and  sometimes  predispose  him  to  the  duties  of 
religion. 

34.  The  central  administration  attaches  great  impoi'tance  to 
the  hygiene  of  the  prisons,  and  it  takes  special  pains  to  free 
them  from  every  source  of  humidity.  Even  where  the  buildings 
which  scjrve  for  imprisonment  are  not  its  own  property,  it  re- 
serves to  itself  an  absolute  right  of  control,  as  well  as  of  pre- 
liminary approval,  of  all  constructions  and  repairs  appertaining 
to  tlKuii.  It  has  the  power  to  insure,  and  it  does  insure  effec- 
tiv(?ly,  tliat  sanitiiry  precautions  are  never  neglected.  The 
jirojcjctH,  phiiiM,  and  cHtiTnatoH  prepared  either  by  the  architects 
of  tlici  c<!iitral  priMriiiH,  or  l)y  the  architects  of  the  departments, 
or  by  oilwr  profi^HHional  moii,  are,  agreeably  to  the  12th  and 
Hill  nri'u'.h^n  of  a  (Uu^vn^  of  th(!  chief  of  the  executive  power, 
undor  <lat4?  of  Nov^'IhIkt  2^1,  184H,  submitted  to  the  examination 
of  ilio  iuH\tiu^U ftH-i^f uu*rii\  of  prinonH,  assembled  in  council,  to 
whom  arn  iul<li»rl,  yvhtuwvi^r  ilin  question  relates  to  sanitary 
Mciohco,  Mm*  tuiu\\rit\  lniipiu?U»r«-f^niMiral  attached  to  the  sanitary 
Morviro  of  Mhi  ffrUoffM,  To  uuiU^rnUmd  thoroughly  the  spirit  in 
whi(^li  tliitt  iiniutiiimi\hu  U  iimmIh,  ^^wpMcially  as  regards  drainage, 
it  iM  Mul1lr.|<tnt  U»  uit^w^y  hftxf  n.  vlrvwUiv  of  January  7,  1863,  to. 
whl<Oi  \u  HuU\n\mti  m.  fA^^u  tnr  Mmi  iMiimiruction  or  alteration  of 
houMoM  of  nvrnHif  ttr)mUH^,  h-wt  of  luirnMaion.  There  are  found 
lu  tliiM  |ilaM  Um  tttUhn\tii4  ruUm^ 


FRANCE.  78 

The  foundations  and  lower  portions  of  the  ground-floor  should  be 
made  in  such  manner  as  to  completely  exclude  the  humidity  of  the  soil. 

The  soil  of  the  ground-floor  should,  as  a  general  thing,  be  raised  a 
half  metre  at  least  above  the  exterior  soil,  by  means  of  materials 
adapted  to  exclude  humidity,  and  in  cases  where  it  is  absolutely  neces- 
sary to  construct  dormitories  on  this  floor,  this  elevation  should  be 
carried  to  not  less  than  one  metre. 

At  the  foundation  of  the  buildings  there  should  be  placed  reverses  or 
foot-pavements,  to  carry  off  the  humidity. 

For  carrying  off  the  water,  there  should  be  gutters  or  sewers,  but  no 
draining  wells. 

If  these  regulations  cannot  be  applied,  in  all  their  details,  to 
old  constructions,  they  serve,  at  least,  as  a  base  or  term  of  com- 
parison,  and  act  as  a  motive  leading  to  alterations,  by  means 
of  which,  the  administration  has  succeeded  in  securing,  almost 
everywhere,  a  satisfactory  sanitary  condition  of  the  prisons. 

35.  No  prescribed  rule  determines  the  quantity  of  water  to 
be  provided  for  the  necessities  of  the  prisons.  The  plan  above 
mentioned  limits  itself  to  recommending  in  all  prison  construc- 
tions, as  an  indispensable  prerequisite,  a  good  supply  of  water, 
and,  with  rare  exceptions,  it  is  with  abundance  rather  than 
parsimony  that  water  is  brought  into  all  our  prisons. 

As  regards  the  quality,  prisoners  are  generally  treated  like 
the  free  population  of  the  localities  in  which  they  are  incar- 
cerated. Among  the  establishments  destined  to  their  use,  a 
great  number  are  supplied  with  the  same  water  which  the 
neighbouring  cities  or  villages  procure  for  their  public  foun- 
tains. The  administration  knows  too  well  the  influence  which 
the  water  habitually  drunk  exercises  upon  the  health  of  the 
prisoners  not  to  take  care  that  it  be  pure  and  healthful. 

36.  The  ventilation  of  the  prisons  is  made  the  object  of  a 
very  special  attention.  The  plan  indicated  below  contains 
formal  rules  to  this  effect,  among  which  are  found  the  fol- 
lowing : 

The  windows  should  have  at  least  1*2  metres  in  height  to  1  metre  in 
width  on  the  ground- floor,  and  1  metre  in  height  to  0*8  of  a  metre  in 
width  on  the  first  floor. 

The  dormitories,  workshops,  and  common  apartments  should  be  con- 
veniently arranged  and  well  lighted,  and  aired  on  two  sides  if  possible, 
and  should  give  at  least  15  to  20  cubic  metres  of  space  to  each  prisoner, 
in  addition  to  the  special  means  of  ventilation. 


74  CONDITION  OF  PKISONS. 

As  regards  these  special  means,  those  which  are  most  effec- 
tive consist  of  draught-chimneys  {cheminees  d-appel)y  placed  at 
the  top  o^  the  rooms  to  be  ventilated,  and  working  by  means  of 
small  openings  of  some  centimetres  square  made  in  the  wall,  so 
as  to  cause  the  foul  air  to  escape  and  facilitate  the  renewal  of 
the  air.  For  all  the  old  constructions,  in  which  the  rules  laid 
down  in  the  above  plan  would  be  too  difficult  or  too  expensive 
to  reduce  to  practice,  the  inspectors-general  carefully  indicate, 
at  the  conclusion  of  their  visitations,  the  improvements  which 
they  regard  as  necessary  to  a  good  ventilation.  Almost  all  the 
observations  hitherto  made  tend  to  show  that  in  order  most 
surely  to  attain  this  end,  it  is  indispensable  that  openings  be 
placed  in  the  two  parallel  walls  of  each  apartment  destined  to 
receive  a  large  number  of  individuals.  Thus  it  is  sought  as 
much  as  possible  to  make  little  openings,  called  barbicans,  in 
the  top  of  the  wall  facing  the  windows,  which  give  light  to  each 
apartment.  The  results  obtained  by  this  simple  arrange- 
ment, already  almost  everywhere  adopted,  are  highly  satisfac- 
torv. 

37.  The  plan  for  the  construction  of  departmental  prisons, 
decreed  in  1863,  recommends  corridors  and  stairs  well  lighted 
and  airy,  and  the  suppression  of  dark  subterranean  passages. 
It  prescribes  that  the  floors  of  the  several  stories,  especially 
for  apartments  in  common,  except  the  infirmary,  be,  as  far  as 
possible,  covered  with  cement  or  stucco,  in  preference  to 
flagging,  tiles,  or  planks.  The  walls  and  ceilings  are  required 
to  be  carefully  plastered  and*  painted  with  oil,  or  at  least 
washed  with  lime.  These  precautions,  whose  aim  is  to  facili- 
tate the  maintenance  of  cleanliness,  are  completed  by  official 
measures,  whose  daily  or  periodical  execution  is  placed  in 
charge  of  the  contractor  of  each  establishment  where  the  in- 
dustries are  managed  by  contract.  These  measures  are  specie 
fled  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  build- 
ings. 

38.  The  means  of  securing  the  personal  cleanliness  of  the 
prisoners  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  applied  directly  to  the  individual.    The 


FRANCE.  75 

other  has  for  its  object  the  linen  and  the  clothing  provided  for 
the  prisoners'  use.  Thej  are  both  as  extensive  as  possible,  and 
are  made  the  subject  of  numerous  and  detailed  rules  in  the  con- 
ditions of  the  contract  and  the  regulations  of  the  prisons.  The 
same  rules  are  applied  in  general  to  the  female  prisons  and 
educational  colonies  for  young  girls,  with  the  exception  of  the 
obligation  to  wear  the  hair  short.  Entire  liberty  of  action  is 
left  with  them  in  this  respect.  The  arrested  and  accused  are 
suojecte^  to  no  other  obligations  than  those  which  are  indis- 
pensable to  the  maintenance  of  good  discipline,  of  general 
cleanliness,  and  of  the  health  of  their  fellow-prisoners.  They 
are  permitted  to  keep  their  beard  and  their  hair. 

39.  The  central  administration  has  long  been  impressed 
with  the  grave  inconveniences  occasioned  by  water-closets 
placed  adjacent  to  the  dormitories  or  other  apartments  occu- 
pied by  the  prisoners.  As  early  as  1819  a  decree  of  the 
minister  of  the  interior,  under  date  of  December  25,  bears 
traces  of  his  attention  to  this  matter.  The  fifteenth  article 
decides,  in  efTect,  that  measures  shall  be  taken  to  protect  the 
dormitories,  and  especially  the  infirmaries,  from  the  infection 
of  the  gases  emanating  from  the  privies.  He  adds  that  the 
latrines  placed  within  the  interior  of  the  dormitories  and  cells 
shall  be  removed,  and  their  places  supplied  by  buckets,  which 
are  emptied  and  washed  twice  a  day.  The  several  essays  made 
since  that  period  have  shovm  that  whatever  may  be  the  pre- 
cautions taken,  whatever  the  system  adopted,  the  privies  are 
always  an  unhealthy  neighbourhood,  and  that  the  best  plan  is 
to  have  none  at  all,  or  at  least  to  place  them  outside  of  the 
buildings ;  for  example,  in  the  space  between  the  two  encircling 
walls  of  the  prison.  These  rules,  which  have  been  closely 
followed  in  the  prisons  recently  constructed,  have  not  yet  been 
fully  applied  to  the  old  prison  buildings.  The  displacement  of 
the  privies  involves  considerable  expense,  from  which,  hitherto, 
many  of  the  old  establishments  have  recoiled.  They  have  also, 
in  considerable  numbers,  been  retained  in  the  exercise  yards. 
But,  as  regards  the  introduction  of  buckets  into  the  dormitories 
and  workshops,  the  measure  is  now  general,  and  is  applied 
with  satisfactory  results  in  all  the  penitentiary  establishments. 
The  removal  of  the  privies,  which  still  existed  in  the  exercise 
yiurds  in  a  certain  number  of  establishments,  is  constantly 


76  CONDITION  OF  PRISONS. 

going  on,  and  a  ministerial  circular  of  March  20,  1868,  recalls 
the  considerations  of  salubrity  and  security,  as  well  as  of  de- 
cency, which  recommend  the  suppression  of  the  latrines  in 
those  courts. 

40.  In  the  interest  of  good  morals,  as  well  as  for  the  purpose 
of  rendering  supervision  more  easy,  sundry  regulations  have 
prescribed  the  lighting,  during  the  night,  if  not  of  the  cells,  at 
least  of  the  common  dormitories.  This  rule  is  applied  to  all  of 
the  penitentiary  establishments.  No  particular  mode  of  light- 
ing is  fixed  upon  absolutely.  The  administration  resenres  to 
itself  the  power  of  regulating  it  in  each  indiyidual  case,  and  it 
permits,  indifferently,  the  use  of  candles  or  lamps,  either  of  oil 
or  petroleum,  or  mineral  essences.  Gus  is  also  sometimes  used. 
However,  according  to  the  terms  of  the  contract  made  for  the 
central  prisons,  the  contractor  can  use  the  mineral  oils  only  on 
condition  of  conforming  to  such  measures  of  precaution  as  may 
be  prescribed  to  him.  The  necessary  material  must  be  fur- 
nished by  him,  and  the  supply  renewed  when  necessary ;  and 
he  is  required  to  place  in  the  dormitories  small  sheet-iron 
chimneys  to  carry  outside  the  smoke  of  the  lamps. 

41*  The  heating  of  the  prisons  of  every  class  is  generally 
efiected  by  means  of  stoves  placed  in  the  rooms  which  are  to 
be  heated.  Some  establishments,  and  those  a<mong  the  most 
important,  are  well  furnished  with  heating  apparatus  placed  in 
the  cellars  or  basements,  which  is  designed  to  diffuse  the  heat 
throughout  the  several  parts  of  the  building ;  but  serious  incon- 
venience, as  well  in  regard  to  the  expense  as  to  the  distribution 
of  the  heat,  have  caused  an  abandonment  of  the  system.  A 
note  which  accompanies  the  plan  already  referred  to  resolves 
this  question  thus:  *The  hot-air  furnaces  have  not.  hitherto 
yielded  satisfactory  results.  The  workshops  and  other  places 
where  the  prisoners  are  in  association  can  be  more  readily 
heated  by  simple  stoves.  It  is  the  same  with  individual  cells.' 
The  administration  aims  only  to  prevent  the  effects  of  excessive 
cold,  in  other  words,  to  spare  the  prisoners  the  physical  suffer- 
ing which  might  react  injuriously  upon  their  health.  The 
contract  for  the  service  of  the  central  prisons  recalls,  in  articles 
54,  55,  and  56,  the  obligations  which,  in  this  regard,  rest  upon 
the  contractor.  The  contract  for  the  services  of  the  depart- 
mental prisons  contains  the  same  enumeration  in  article  46. 


FRANCE.  77 

Finallj,  as  regards  the  colonies  of  juvenile  delinquents,  the 
regulation  of  April  10,  1869,  contains  the  following  pro- 
visions : 

Article  21. — The  schools  and  workshops  shall  be  heated  during  six 
months  of  the  year,  viz.,  from  October  15  to  April  15. 

Article  22. — The  infirmaries  and  bath-rooms  shall  be  heated  for  a 
loDger  period  if  the  physician  think  it  necessary. 

4 

42.  Experience  has  shown  that  iron  bedsteads  are  preferable 
to  all  others,  and  for  many  years  they  have  been  the  only  ones 
whose  purchase  has  been  authorised  by  the  administration  for 
the  departmental  prisoners,  as  well  as  for  the  central  prisons, 
and  the  colonies  of  juvenile  delinquents  belonging  to  the  State. 
The  bedstead,  thus  uniformly  adopted  for  the  whole  of  France, 
and  which  is  to-day  the  only  one  recognised  in  the  official 
regulations,  is  decreed  in  a  note  accompanying  the  ministerial 
circular  of  September  26,  1867,  with  this  reservation,  that  the 
bottom  in  wirensloth  designed  to  receive  the  mattress  must  be 
replaced  by  an  iron  or  sheet-iron  lattice  in  prisons  where 
palliasses  were  formerly  in  use.  At  the  same  time,  in  adopting 
definitively  the  model  of  a  uniform  bed  for  all  the  prisons,  the 
administration  did  not  intend  that  the  then  existing  beds, 
of  whatever  style  they  might  be,  should  be  immediately  dis- 
placed. On  the  contrary,  it  took  pains  to  state,  in  a  circular 
of  May  20,  1868,  that  this  expensive  change  should  be  made 
gradually,  and  only  as  cases  of  absolute  necessity  for  some 
change  arose.  It  follows  from  this  that  there  are  still  found 
in  some  prisons  traces  of  different  kinds  of  beds,  authorised 
prior  to  1867,  jparticularly  by  the  general  regulation  of  1841, 
which  had  permitted,  indifferently,  the  hammock,  the  bunk,  and 
the  iron  bedstead.  The  work  of  transformation,  pursued  by 
the  administaation  with  prudence  and  economy,  is  already  far 
advanced.  In  the  infirmaries  the  iron  bedstead  has  long  since 
been  everywhere  introduced.  Larger  dimensions  are  given  to 
the  hospital  than  to  the  ordinary  bedstead. 

43.  After  having,  formerly,  consisted  of  loose  straw,  spread 
either  on  the  floor  or  on  camp  bedsteads,  the  bedding  of  the 
prisoners  has  undergone,  since  the  commencement  of  the 
century,  successive  ameliorations,  which  have  brought  it  to  the 
satisfactory  state  in  which  it  is  found  to-day.     The  complete 


78  CONDITION  OF  PRISONS. 

bed  of  each  able-bodied  prisoner  is  composed  of  an  ir6n  bedstead, 
a  mattress,  or  palliasse,  a  bolster,  two  sheets,  and  one  coverlet 
in  summer,  and  two  in  winter.  While  the  above-ennmerated 
articles  are  of  somewhat  larger  dimensions  and  a  better  qnalitj 
for  the  sick  than  for  those  in  health,  there  are  added  for  the 
former  a  pillow  and  curtains.  Moreover,  they  ought  to  have, 
and  they  have,  both  a  mattress  and  a  palliasse.  These  various 
articles,  which  are  specified,  with  all  the  necessary  details,  in 
the  contract,  are  supplied  to  the  prisons  of  every  class,  with  this 
single  difference :  that,  in  the  central  prisons,  the  mattress 
constitutes  the  bed  required  by  administrative  regulation,  and 
is  found  everywhere ;  whereas  in  the  other  establishments  the 
mattress  or  the  palliasse  is  indifferently  supplied ;  and,  as  a  con- 
sequence, the  palliasse  is  generally  used  in  the  houses  of  arrest, 
of  justice,  and  of  correction.  This  lack  of  uniformity  is  owing, 
in  great  part,  to  the  fact  that  the  service  in  the  central  prisons 
has  been,  for  a  long  time,  in  the  chq,rge  of  the  State,  while  it 
has  been  only  a  few  years  since  the  charge  of  the  houses  of 
arrest,  of  justice,  and  of  correction,  has  passed  from  the  hands 
of  the  department  into  those  of  the  State.  Other  reforms  were 
pressing,  and  all  that  were  needed  could  not  be  undertaken  at 
the  same  time.  Moreover,  aside  from  the  fact  that  sleeping 
upon  the  palliasse  is  sufiiciently  comfortable,  if  the  straw  is 
frequently  renewed,  it  is  perhaps  the  mode  best  suited  to  the 
constant  changes  occurring  in  the  population  of  these  establish- 
ments. It  is  readily  seen  how  much  easier  it  is  to  increase,  at 
short  notice,  the  number  of  palliasses,  and  how  the  care  and 
preservation  of  the  mattresses  would  add  to  the  embarrassment 
at  times  when  the  greater  part  of  the  beds  remain  unoccupied. 
44.  The  hours  of  labour,  of  recreation,  and  of  sleep  are  deter- 
mined, for  each  establishment,  by  a  special  regulation,  made  by 
the  prefect.  But  if  the  duty  of  regulating,  in  detail,  the  divi- 
sion of  time  in  the  different  prisons,  situated  in  each  depart- 
ment, belongs  to  the  departmental  authority,  the  central 
administration  does  not  any  the  less  take  care  that  differences 
of  too  material  a  character  be  not  permitted  to  exist.  Above 
aU,  it  insists  that  the  hours  of  labour  imposed  upon  prisoners 
shall  not  exceed  those  of  fi^e  labourers,  viz.,  twelve  to  thirteen. 
In  the  case  of  juveniles,  it  is  prescribed  that  the  hours  of  work 
are  never  to  exceed  ten,    Asa  general  thing,  from  twelve  to 


FRANCE.  •  79 

thirteen  hours  are  given  to  labour,  from  two  to  two  and  a  half 
hours  to  meals  and  repose,  and  nine  hours  to  sleep. ' 

[N.  B, — ^A  question  relating  to  prison  dietaries  was  acci- 
dentally omitted  from  the  list  of  interrogatories.  The  answer 
to  such  a  question  has  been  considerately  introduced  at  this 
point,  under  the  enumeration  44  few,  and  is  as  follows:]  The 
dietary  of  prisons  for  punishment  is  regulated  on  the  following 
principle  : — 1.  The  food,  gratuitously  furnished  to  able-bodied 
prisoners,  is  limited  to  what  is  strictly  necessary  for  the  support 
of  the  yital  forces.  The  renewal  of  the  forces  expended  in  labour  is 
effected  by  means  of  supplementary  food,  furnished  to  the  con- 
victs out  of  the  funds  deposited  to  their  credit,  and  principally 
out  of  the  part  which,  according  to  the  penal  class  to  which 
they  are  severally  assigned  by  their  sentences,  comes  to  them  as 
the  product  of  their  labour.  2.  The  dietary  ought,  as  far  as 
possible,  to  have  a  certain  repressive  character,  effected  by  the 
absolute  exclusion  of  luxurious  dishes  and  drinks,  such  as 
wines,  spirits,  &c.  Nevertheless,  the  food  forming  the  usual 
dietary  having  given  rise  to  some  strictures,  modifications  were 
in  1868  introduced  into  this  part  of  the  service.  The  number 
of  rations  of  soup  furnished  each  day  has  been  increased  from 
one  to  two,  with  a  view  to  facilitate  the  consumption  of  the  bread 
ration.  A  greater  variety  of  provisions  has  been  supplied,  and 
the  number  of  meat  rations  has  been  advanced  from  one  to  two 
per  week.  The  savings  realised  in  the  making  of  soup  bread 
have  been  such  that  the  expenses  resulting  from  the  above-speci- 
fied ameliorations  have  been  increased  only  to  a  very  moderate 
degree ;  that  is  to  say,  about  one  and  a  half  centimes  for  each 
day  of  imprisonment.  The  sanitary  state  of  the  central  prisons 
has  been  essentially  improved  under  the  influence  of  the  new 
dietary.  This  regime  has  proved  highly  satisfactory.  The  dis- 
tribution of  bread  is  regulated  as  follows :  For  each  day  when 
meat  is  furnished  (Sunday  and  Thursday),  775  grammes  for  the 
men;  725  grammes  for  the  women.  For  the  five  days  when 
meat  is  not  furnished,  840  grammes  for  the  men ;  790  grammes 
for  the  women.  In  addition  to  this,  supplementary  bread  is 
furnished  to  those  convicts  who  have  no  resources  from  their 
disposable  peculium.  The  bread  for  able-bodied  prisoners  is,  in 
general,  composed  of  two-thirds  of  bolted  wheat-flour  containing 
one-eighth  of  bran,  and  one-third  of  bolted  rye  or  barley-flour 


80  CONDITION  OF  PRISONS. 

containing  one-fifth  of  bran.  On  Sunday  and  Thursday  there 
is  a  meat  ration  consisting,  in  the  morning,  of  a  bowl  of  soup 
containing  five  deciliters  (nearly  a  pint)  of  broth,  and,  in  the 
evening,  75  grammes  on  Sunday,  and  60  grammes  on  Thursday, 
of  cooked  meat  without  bone,  together  with  a  small  quantity  of 
(at  least)  three  deciliters  of  rice  or  potatoes.  On  each  of  the 
other  days  of  the  week,  the  ration  consists  of  two  bowls  of  soup, 
without  meat,  containing  four  deciliters,  with  the  addition,  at 
the  evening  meal,  of  at  least  three  deciliters  of  potatoes,  peas, 
lentils,  or  beans.  The  expenditure  for  supplementary  provi- 
sions purchased  by  the  prisoners  amcrunted,  in  1867,  to  692,181 
francs,  being  an  average  of  about  ten  centimes  a  day.  The 
supplementary  provisions  delivered  gratuitously  by  the  adminis- 
tration or  the  contractors,  represent,  in  addition,  another 
expenditure  of  57,980  francs,  equal  to  1,094  centimes  for  each 
day  of  imprisonment.  During  the  summer,  there  is  distributed 
to  the  prisoners  a  hygienic  drink,  made  after  a  formula  laid 
down  in  the  contract.  The  dietary  of  the  houses  of  arrest,  of 
justice,  and  of  correction  is  regulated  agreeably  to  the  principles 
above  set  forth  in  relation  to  the  central  prisons ;  but  some 
modifications  are  made  in  the  details  on  account  of  the  small 
number  of  the  prisoners.  In  the  colonies  of  juvenile  delinquents, 
bread  is  given  ad  libitum.  The  number  of  meals  in  these  esta- 
blishments  is  three  a  day,  and  even  four  in  time  of  harvest, 
during  which  rations  of  wine,  beer,  and  cider  are  given.  The 
principal  exceptions  to  the  dietary  arrangements  just  described 
relate — 1.  To  the  prisons  of  the  Seine,  where,  in  respect  as  well 
of  the  quality  of  the  bread  as  the  quantity  of  the  meat  and 
other  commodities,  the  rations  differ  not  a  little  from  those  of 
the  central  and  departmental  prisons.  2.  To  the  agricultural 
colonies  of  Corsica,  where  we  have  had  to  contend  with  climatic 
influences  by  toning  up  the  dietary  with  supplementary  addi- 
tions of  meat,  and  with  rations  of  coffee,  and  even  of  alcoholic 
drinks.  It  belongs  to  the  ministry  of  the  navy  and  the  colonies 
to  give  exact  instructions  on  the  subject  of  the  dietary  of  the 
prisoners  sentenced  to  the  bagnios. 

45.  In  the  great  prisons  for  punishment,  the  sick  prisoners 
are  always  treated  in  the  establishment,  whatever  may  be  the 
nature  or  gravity  of  their  disease.  Exception,  however,  is  made 
of  the  epileptics  and  the  insane,  who  are  sent  to  special  estab- 


FRANCE.  81t 

lishments.  In  the  houses  of  arrest,  of  ju^tice,  and  of  correc- 
tion, sick  prisoners  are,  as  far  as  possible,  treated  in  the  prison- 
There  is  a  special  apartment  designed  to  serve  as  an  infirmary. 
A  physician  belonging  to  the  town  is  employed  for  the  prison^ 
and  is  required  to  make  one  visit  daily  for  the  purpose  of  giving 
attention  to  the  sick.  To  these  a  better  dietary  is  allowed.. 
The  prescriptions  of  the  doctors,  limited,  it  is  true,  in  a  certain 
degree,  are  always  carried  into  eflfect.  In  prisons  of  less  im- 
portance, only  the  lighter  ailments  are  treated.  As  soon  as  & 
prisoner  becomes  seriously  ill  and  has  need  of  special  care,  he 
is  conveyed  to  the  hospital  of  the  town.  The  expenses  of  his 
treatment  there  are  reimbursed  to  the  establishment  by  the 
State  or  the  contractor. 

The  sanitary  system  of  the  central  prisons  is  organised  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  phy- 
sician and  the  conditions  of  the  contract.  A  dispensary,, 
provided  with  all  necessary  medicines,  is  organised  in  each 
central  prison,  and  an  apothecary  is  charged  with  preparing  the 
prescriptions.  In  the  public  colonies  of  juvenile  delinquents, 
the  sanitary  service  is  organized,  in  the  main,  as  it  is  in  the 
central  prisons.  There  are  also  infirmaries  in  the  private  colo- 
nies, and  a  physician  attached  to  the  establishment  must  make 
at  least  three  visits  a  week. 

46.  In  the  houses  of  arrest,  of  justice,  and  of  correction,, 
the  stay  is  too  short  for  the  imprisonment  to  produce  any  ap- 
preciable influence  on  the  sanitary  state  of  the  prisoners.     The 
pathological  condition  of  the  prisoners  before  their  incarcera- 
tion is  the  principal  cause  of  the  diseases  which  are  developed 
after  their  imprisonment.     It  may,  therefore,  be  said,  as  regards 
these  prisons,  that  the  diseases  most  common  are  the  same  as  ^ 
those  which  affect  the  free  population  of  the  locality  from  which., 
the  prison  population  is  recruited.  A  certain  number  of  diseases- 
developed  in  the  central  prisons  are  in  like  manner  due  to  the 
sanitary  state  of  the  prisoners,  who,  at  the  time  of  their  com- 
mitment, have  already  felt  the  effects  of  debauchery  and  misery. . 
It  is,  nevertheless,  possible  to  perceive,  in  a  certain  measure,, 
the  inevitable   influence  of  the  privations  xmdergone  during, 


82  CONDITION  OF  PRISONS. 


incarceration.  It  is  affections  of  the  digestiTe  and  rBspiratoiy 
organs  and  ferers  which  famish  half,  and  often  two-tfairday  of 
the  inmates  of  the  infimiaries  in  the  peniteniiaay  establiah- 
ments  for  both  sexes.  It  is  certain  that  imprisonment  ybtj 
generally  produces  a  lack  of  blood,  and  this  fiiTonrs  the  de- 
yelopment  or  the  gravity  of  certain  affections,  such  as  phthisis 
and  scrofula.  As  regards  ailments  which,  without  being  of  a 
grave  character,  still  render  necessary  the  intervention  of  the 
physician,  it  may  be  said  that  gastric  complaints  most  fre- 
quently require  treatment  in  the  infirmaiy.  In  establishments 
designed  for  juvenile  delinquents  the  most  frequent  affection, 
brought  generally  frx>m  without,  is  scrofula.  That  which  pro- 
duces the  greatest  ravages  is  pulmonary  consumption.  Fevers 
come  next 

47.  Tlie  average  number  of  prisoners  in  the  infirmaries  com- 
pared with  the  total  prison  population  was,  in  1868,  in  the 
central  prisons,  4*05  per  cent,  of  men,  and  5*16  per  cent,  of 
women ;  and  in  the  establishments  of  correctional  education, 
]  '61  per  cent,  of  boys  and  2*23  per  cent,  of  girls. 

48.  In  comparing  in  the  various  penitentiary  establishments 
the  average  annual  population  with  the  number  of  deaths  for 
tlie  same  time,  the  following  percentages  are  obtained :  Houses 
of  orresty  of  justice,  and  of  correction. — Men  and  boys^  3*79 
per  cent. ;  women  and  girls,  4*91  per  cent.  Central  prisons. — 
Men,  3*65  per  cent ;  women,  3-80  per  cent.  Establishments  of 
Correctional  education. — Boys,  1*67  per  cent. ;  girls,  2*20  per 
<ent.  ' 

49.  Penal  labour,  properly  so  called,  does  not  exist  in  the 
prisons  of  France*  The  penal  system  is  no  longer  fo^mded,  as 
fbrmerlv,  on  suffering  and  terror.  Corporal  punishments  have 
disappeared  fivmi  tlie  penal  system.  What  is  desired  at  present 
is  to  punish  the  criminal ;  what  is  son^t  as  ^be  end  of  thai 
punishment  is  his  reformation.  Therefore,  industrial  laibomr 
ailone  is  found  in  the  prisons,  obligatory  in  the  case  of  tboee 
under  sentenoe>  permitted  in  the  case  of  the  arrested  and  the 
a<y^used.  This  character  of  MnfoHoH  may  well  be  considefed 
as  a  punishment  to  tlie  convict^  and  a  means  of  lessening  tlis 
expenses  osused  by  him  to  society ;  but  it  is  tkersby  Bmaiffl^ 
ake^  an,  to  preTent  the  dangers  of  idleness  and  to  font  the 
taste  and  tjhe  haMt;  of  labour.    In  the  soMller  hones  of 


FRANCE.  88 

of  justice,  and  of  correction,  there  is  difficultj  in  orgGuubaing 
the  labour.  The  prisoners  are  engaged  only  in  temporary 
ooeupations.  A  few,  when  that  is  possible,  follow  the  trade 
by  which  they  obtained  a  living  outside.  It  is  only  in  the 
larger  departmental  pidsons  that  it  has  been  possible  to  estab- 
lish workshops  of  any  in^portance.  In  the  central  prisons 
the  labour  is  thoroughly  organized ;  if  any  are  without  occu- 
pation, it  is  the  exception  and  not  the  rule.  Lsirge  industrial 
workshops  in  these  establishments  continuaUy  present  a  scene 
of  busy  toil.  DiflTerent  industries,  to  the  number  of  fifty  or 
sixty,  have  been  introduced  into  the  male  central  prisons. 
The  principal  are  shoe-making,  the  manufaiCture  of  hosiery, 
weaving,  button-making,  cabinet-work,  lock-smithing,  the  manu- 
facture of  hardware,  tanning,  etc.,  etc.  There  are,  besides, 
three  establishments  in  Corsica,  and  one  in  Belle  Isle,  in  which 
the  prisoners  are  engaged  in  agricultural  labours.  Sewing, 
-which  can  be  applied  to  very  different  kinds  of  work,  is  almost 
the  only  industry  pursued  in  the  female  central  prisons.  Ee- 
muneration  by  the  day  is  the  exception,  and  is  applied  only  to 
the  interior  services  of  the  prisons.  Piece-work  is  the  general 
rule.  With  a  view  to  avoid  the  competition  of  prison  labour 
with  free  labour,  the  rates  of  payment  for  the  work  done  have 
to  be  studied  and  regulated  by  the  administration,  which  care- 
fully considers  beforehand  the  different  interests  involved. 
The  rates  must  be  the  same  as  those  paid  to  free  industry  for 
tiie  same  kinds  of  labour;  only  there  is  made  to  the  contractor 
a  rennssion  of  20  per  cent.,  or  one-fifth,  to  indemnify  him  for 
special  expenses,  which  manufacturers  outside  do  not  have  to 
incur.  As  regards  minors  of  both  sexes,  subjected  to  the 
system  of  correctional  education,  they  are  required  to  be  prin- 
cipally employed  in  agricultural  labours. 

50,  51,  and  52.  Penal  labour  does  not  exist  in  France. 

53.  In  all  the  houses  of  arrest,  of  justice,  and  of  correction, 
in  France,  except  those  of  Paris,  the  supplies  of  food  and  of 
other  current  necessities  are  confidied,  l^  way  of  contract,  for 
thvee,  six,  or  i^isife  years,  to  a  distinct  contractor  for  each 
di^ftrtment,  and  on  conditions  mutually  agreed  upon.  This 
contractor  has  the  sole  right  to  make  the  priBoners  work ;  his 
interest  compels  him  to  that,  since  he  shares  about  one-half  of 
the  product  of  their  labour.     This  product  comes  in  to  lighten 

o  2 


84  CONDITION  OF  PRISONS. 

liis  expenses ;  but  as  the  labour  of  these  prisons  cannot  be  so- 
well  organised  as  that  in  establishments  for  long  punishments, 
and  is,  consequently,  in  them  less  productive,  the  cost  of  each 
day's  imprisonment  is  greater  than  in  the  central  prisons.  In^ 
the  central  prisons  of  the  Continent,  with  the  exception  of  that 
of  Belle  Isle,  which  is  administered  by  the  State,  the  right  of 
employing  the  labours  of  the  prisoners  is,  in  like  manner,  con- 
ceded to  the  general  contractor  of  the  services.  The  adminis- 
tration reserves  the  right  of  utilising  the  labour  of  the 
prisoners  if  the  contractor  leaves  them  unoccupied.  The 
directors  of  the  private  colonies  employ,  in  industrial  labours,, 
without  the  intervention  of  contractors,  those  juveniles  whom 
they  have  not  been  able  to  employ  in  agriculture.  The  product 
of  the  labour  of  the  young  girls  applied  to  field  labour  or 
sewing,  is  received  by  the  religious  communities  charged  with 
their  penitentiary  education. 

64.  The  system  which  consists  in  awarding  to  contractors  the- 
profits  of  the  industrial  labour  of  the  prisons  appears  to  be  the 
preferable  one.  If  the  State  can  produce  more,  it  produces,  in 
general  at  greater  cost.  Personal  interest  and  the  desire  of 
making  money  are  powerful  motives  with  the  contractor ;  besides, 
which,  an  officer  of  the  Government  has  not  the  same  freedom 
of  action  nor  so  much  practical  knowledge  of  commercial 
affairs  as  a  business  man.  Moreover,  by  giving  to  the  same- 
person  the  charge  of  the  maintenance  of  the  prisoners  and  a 
part  in  the  product  of  their  labour,  the  administration  haa 
realised  a  progress  promotive  of  the  interests  of  aU.  In  pro- 
portion as  the  contractors  have  become  familiar  with  the  work- 
ing of  their  contracts,  they  have  learned  that  the  surest  benefits 
to  be  realised  from  them  consisted  rather  in  the  impulse  to  and. 
extension  of  industrial  labour,  than  in  the  culpable  profits  to  be 
obtained  by  the  imperfect  execution  of  the  obligations  which 
they  had  assumed.  The  labour  being  constant  and  becoming 
more  and  more  productive,  the  profits  of  the  contractor  and 
those  of  the  prisoners  increase  pari  passu.  The  part  of  the. 
product  of  the  labour  belonging  to  the  contractor  represents  a 
profit  more  considerable  in  proportion  as  such  product  increases*. 
The  sum,  then,  to  be  paid  by  the  State  toward  the^maintenance 
of  the  prisoners  becomes  so  much  less  when  a  new  contract  is 
to  be  made.    The  contractors  have  been  made  to  comprehend- 


PRANCE.  85 

that  the  sum  total  of  the  product  of  the  labour  is  augmented, 
as  the  result  of  the  general  good  care  extended  to  the  prisoners. 
This  last  result,  conducive  alike  to  the  well-being  of  the  pri- 
soners and  the  interest  of  the  treasury,  is  remarkable  and 
immediate  when  the  contractor  directly  utilises  the  forces  of 
prisoners. 

55.  Under  reserve  of  the  exception  previously  pointed  out  in 
what  concerns  the  prisons  of  Paris,  there  is  but  one  system 
of  contracting  the  labour  of  the  prisoners.  The  contractor, 
charged  with  the  service  of  maintaining  and  feeding  the  pri- 
soners, possesses  the  exclusive  right  to  the  labour  of  the  con- 
victs. The  contractors  in  the  departmental  and  central  prisons 
themselves  utilise  directly  the  labour  of  the  prisoners ;  those  in 
the  prisons  of  Paris  do  it  through  sub-contractors,  for  whom 
they  become  responsible  to  the  administration.  The  procedure 
which  consists  in  the  direct  utilising  of  the  labour  by  the  con- 
tractors has  its  advantages,  which  have  been  pointed  out  in  the 
preceding  paragraphs ;  but  if  it  is,  in  certain  respects,  advan- 
tageous to  the  prisoners  that  the  contractor  be  directly  inte- 
rested in  the  greater  or  less  production  of  the  labour,  this  state 
of  things  may  be  attended  with  some  disadvantages.  In  effect, 
if  the  contractor  is  at  the  same  time  a  manufacturer,  it  is 
f)robable  that  the  greater  part,  if  not  all  of  the  prisoners,  will 
be  placed  upon  a  single  industry,  viz.,  that  which  he  carries  on 
outside.  When,  in  these  conditions,  a  suspension  of  work 
happens,  almost  the  entire  prison  population  may  have  to  suffer 
from  this  interruption  of  labour.  If,  on  the  contrary,  the  con- 
tractor has  sub-letters  for  the  various  industries,  any  partial 
suspension  will  affect  only  a  small  number  of  prisoners  ;  and,  on 
the  other  side,  the  prisoners  belonging  to  a  shop  which  has 
suspended  labour  may  pass,  temporarily,  into  another  shop, 
where  they  will  be  occupied. 

56.  Of  the  inmates  of  the  central  prisons,  the  men  who  had 
no  regular  calling  or  business  prior  to  commitment  were  4*78 
per  cent. ;  the  women,  11*76  per  cent.  In  the  establishments 
of  correctional  education,  where  the  children  are  often  placed, 
before  having  exercised  any  regular  calling,  either  because  of 
their  youth  or  the  indifference  of  their  family,  the  proportion 
:not  having  any  regular  business  is  about  65*61  per  cent. 

57.  All  the  convicts  are  under  obligation^^^to  labour.     Each 


86  CONDITION  OF  PRISOSa. 

one  is  pat,  as  fiu  as  poseible,  to  the  bosiness  which  he  foUowof 
before  his  imprisonment ;  and,  when  he  is  placed  in  a  workshqt, 
account  is  always  talcen  of  his  aptitndes  and  tastes.  The 
prisoners  of  raral  origin  are,  in  general,  sent  into  the  agricul* 
ttiral  estaUishments  of  Corsica,  when  the  state  of  their  health 
and  the  length  of  their  sentence  justify  so  expensive  a  transfer. 
In  the  establislunents  of  juvenile  delinquents  it  is  sought,  above 
all,  from  considerations  of  health,  and  in  t^e  hope  of  teaching 
them  a  business  which  maj  keep  them  away  fix)m  the  cities,  to 
employ  them  in  agricultural  labours.  Yet  those  who  will  be 
able  to  return  to  their  family,  and  who  are  of  city  origin,  are 
employed  in  industrial  occupations,  which  they  may  exercise 
after  their  liberation. 

58.  As  has  jnst  been  said,  the  administration  exerts  itself,  as 
far  as  possible,  to  cause  to  be  taught  to  the  prisoners,  previously 
without  regnlar  business,  some  oalling  which  will  enable  them, 
after  their  liberation,  to  gain  an  honest  living.  But,  during 
their  incarceration,  they  may  already  aid  themselves  by  work. 
Not  to  repeat  what  was  said  in  No.  13,  on  the  share  accorded 
to  prisoners  of  the  product  of  their  labour,  it  is  sufficient  to 
recall  the  fact  that  they  can,  during  their  imprisonment,  avail 
themselves  of  their  disposable  peculiuvi  to  ameliorate  their  con- 
dition, in  respect  of  food  or  clothing,  and  to  procure  for  them- 
selves certain  objects,  the  use  of  wliich  is  authorised  by  the 
regulations.  As  regards  the  second  part  of  their  possession, 
the  reserved  peculium,  which  they  can  diminish  dm-ing  their 
imprisonment  only  on  certain  conditions,  and  to  a  limited 
degree,  it  is  a  kind  of  savings,  designed  to  meet  the  first 
necessities  of  the  liberated  prisoner,  if  he  does  not  find  woric 
immediately  on  his  discharge  from  the  establishment.  This 
resource  is  thus  a  means,  prepared  by  his  own  efforts,  during 
Ilia  incarceration,  to  aid  himself.  The  administration,  not 
limiting  itself  to  this  forecast,  has  still  further  taken  means  to 
prevent  this  reserved  fund  from  being  expended  as  soon  as  it 
comes  into  the  possession  of  the  prisoner.  It  has  conceived 
that,  on  emerging  (rom  a  prdoiign-tl  stato  i.'t'^^^^on  and 
restraint,  the  prisoner,  tindMP^^telf  in  the^^^Bfai  of  a 
Bom  relatively  conaidtrabl  ^Bbc   disp<^^^^^^ 

immediately  in  debaucher^  ^^^t  placef 

of  the  liberated  prisoner  a^  ^^^^ 


FEANCE.  ST 

for  the  expenses  of  his  jonraey,  and  lie  can  toucli  the  Test 
of  Hs  poBsessioDS  onlj  affcer  arriidng  at  the  residence  whkh 
he  has  chosen,  or  which  has  been  assigned  him.  As  regards 
juvenile  delinquents,  whose  labour  is  not  remunerated  so  long 
as  they  have  not  been  restored  to  freedom,  except  in  case  of 
being  placed  with  £axmers,^  they  receive,  on  their  discharge^ 
a  complete  outfit,  and  money  enough  for  their  journey. 

59.  The  English  and  Anglo-American  legislation  is  so  un- 
like ours  that  it  would  be  difficult  to  say,  jwrecisely,  to  what 
infractions  in  penal  matters  the  words  *  minor  offences,'  em- 
ployed in  the  question,  are  to  be  understood.     Besides,  certain 
infractions  which  are    made   the   objects    of  prohibitions  by 
foreign   laws,  have   no   penal   sanction   in   France,  such,  for 
example,  as  the  observance  of  the  Sabbath,  public  drunken- 
ness, &c.     Nevertheless,  in  order  to  enter  as  much  as  possible 
into  the  sense  of  the  question  proposed,  it  would  seem  that 
it  must  refer  to  criminal   acts    of  but   a   moderate    gravity, 
which,  according  to  the .  provisions  of  the  fourth  book  of  the 
French  penal  code,   may  be   punished    either   by    a   fine  of 
fifteen  francs  or  less,  or  by  an  imprisonment  of  fifteen  days. 
These  Acts  are  those  which,  in  the  exposition  of  *  incentives' 
in  the  code  of   1810,   the   reporter   designated  Violations  of 
police  regulations,'  and  which  the   first  article  of  the  penal 
code  has  denominated  *  contraventions.'     The  contraventions 
are  numerous,  and  it   is    certain  that  the  penalties  attached 
to  them  do  not,  from  their  very  triviality,  prevent  a  return  to 
the  offences  against  which  they  are  directed,  whenever  their 
authors  find  in    them  any   profit,   the   gratification   of  some 
grudge,  or  even  a  passing  diversion.      These   transgressions, 
often  committed  by  the  same  persons,  are  no  doubt  vexatious, 
and  it  must  certainly  be   admitted    that    respect    for   law    is 
less  profound  in  France  than  in  England,  for  example ;  but  if 
the  trivial  fe-ults,  denoting  in  those  who  commit  them  a  certain 
levity  of  character,  are  often  repeated,  in  spite  of  the  punish- 
ment with  which  they  are  visited,  it  cannot,  on  the  other  side, 
be  alleged  with  truth  that  graver  offences,  constituting  a  mis- 
demeanor »or  a  crime,  are  more  numerous  in  France  than  in 
5r  countries.     It  is  presumed  that,  in  the  thought  of  the 
the  questions,  the  words  *  minor  offences'  ought  to 

py  have  a  right  in  that  case  to  the  moiety  of  their  eamingt. 


\88  CONDITION  OF  PRISONS. 

correspond,  in  France,  to  those  of  *  contraventions,'  which  are 
punished  with  a  light  imprisonment.  If,  on  the  contrary,  they 
answer  to  misdemeanors  of  no  considerable  gravity,  and  are 
visited,  consequently,  with  a  trifling  penalty,  it  might  be  said 
that,  in  this  matter  as  in  that  of  contraventions,  though  in  a 
.  much  less  proportion,  the  first  strokes  of  the  penal  law  do  not 
prevent  a  return  to  the  criminal  acts.  Thus,  in  the  year 
1870,  out  of  160,129  previously  convicted  offenders,  arraigned 
before  the  correctional  tribunals,  46,441,  that  is,  25'23  per 
cent.,  had  been  previously  punished,  to  wit :  7,858  by  fines,  and 
38,783  by  an  imprisonment  of  one  year  and  under.  The 
relative  smallness  of  the  first  punishments  had  not,  therefore, 
in  this  case,  had  the  salutary  effect  of  preventing  new 
offences. 

60.  In  respect  to  the  percentage  of  recidivists  :  In  order  to 
reply  more  fully  to  the  spirit  of  the  question  upon  this  point,  it 
vnll  be  necessary  to  take  into  view  both  the  prosecution  and  the 
conviction.  According  to  the  last  official  report  on  criminal 
justice,  out  of  4,189  individuals  prosecuted  for  crimes,  the  reci- 
divists are  in  the  proportion  (including  men  and  women)  of 
1,780,  that  is  to  say,  42*49  per  cent.  Of  this  number  of  reci- 
divists prosecuted,  272  were  acquitted,  being  11*91  per  cent, 
only.  On  the  other  hand,  of  160,079  individuals  of  both  sexes 
prosecuted  for  misdemeanors,  the  recidivists  are  to  the  num- 
ber of  60,129,  or  37*56  per  cent.  Of  this  number  of  60,129 
recidivists  prosecuted  in  matters  of  misdemeanor,  1,725  only 
were  acquitted,  being  2*26  per  cent. 

61.  A  relapse,  in  the  legal  sense  of  the  word,  is  the  commis- 
sion, after  a  penal  sentence,  of  a  new  criminal  act.  It  receives 
little  favour  from  the  French  law.  The  circumstance  of  a  prior 
conviction,  and  the  greater  perversity  shown  by  a  repetition  of 
the  offence,  seems,  in  effect,  to  demand  from  the  legislator  an 
increase  of  punishment.  Doubtless,  neither  theft  nor  homicide 
changes  its  nature  because  committed  a  second  time ;  but  a 
crime  has  two  elements,  the  substance  of  the  act  and  the  crimi- 
nality of  its  author.  The  legislator  has  thought  it  a  duty  to 
take  both  these  circumstances  into  consideration  in  measuring 
the  punishment.  Article  56  of  the  Penal  Code  lays  down  rules 
in  regard  to  relapses  in  matters  of  crime.  The  punishment 
awarded  is  generally  that  which  is  placed  above  the  first  sen- 


FRANCE.  89 

tence  in  the  scale  of  penalties.    Article  58  relates  to  relapses  in 
matters   of    misdemeanor.      It  ordains  that  misdemeanants, 
who  had  been  punished  correctionally  by  an  imprisonment  of 
jnore  than  a  year,  be  sentenced,  in  case  of  a  second  offence,  to 
the  maximum  of  the  punishment  permitted  by  the  law,  and  de- 
x^lares  that  this  punishment  may  be  doubled,  besides  subjecting 
the  offender  to  the  supervision  of  the  police  during  a  period  of 
five  years  at  least,  to  ten  years  at  most.    The  effect  of  a  second 
or  third  conviction  in  diminishing  the  share  accorded  to  the 
prisoners  of  the  product  of  their  labour  has  already  been  stated. 
62.  The  law  of  July  22,  1867,  put  an  end  to  imprisonment 
for  debt  in  commercial  and  civil  matters,  and  in  those  in  which 
foreigners  are  concerned.     The  restraint  of  the  body  exists  no 
longer,  except  in  matters  criminal,  correctional,  and  of  simple 
police.     The  usage  has  just  been  re-established  as  regards  the 
payment  of  moneys  due  to  the  State.     The  ordinary  creditor 
who,  under  the  empire  of  the  old  legislation,  caused  his  debtor 
to  be  imprisoned  (in  the  exceptional  case  of  which  mention  will 
be  made  further  on),  was  bound  to  deposit  in  advance,  for  each 
period  of  thirty  days,  the  sum  of  45  francs  in  Paris,  and  of  40 
francs  in  other  cities,  in  the  hands  of  the  prison-keeper,  to  pro- 
vide subsistence  for  the  imprisoned  debtor.     This  consignment 
of  the  means  of  support  was  not,  and  is  not  now,  necessary, 
when  the  debtor  is  arrested  and  detained  on  account  of  debts 
due  to  the  State  for  the  public  administrations.     This  expense 
is,  in  such  cases,  included  in  the  number  of  expenses  necessi- 
tated by  the  service  of  the  prisons,  agreeably  to  the  terms  of 
the  decree  of  March  4,  1808,  article  2,  which  was  not  abrogated 
by  the  subsequent  laws  of  1832  and  1867  touching  the  restraint 
of  the  body.     In  tliis  case,  the  public  minister  is  bound  to  take 
-care  that  persons  imprisoned  for  debts  to  the  State  or  the  ad- 
ministrations receive  the  same  rations  as  the  other  prisoners 
who  are  in  the  charge  of  the  State.     It  is  a  special  case,  that 
in  which  the  unfulfilled  engagements  of  a  citizen  toward  others 
may  also  draw  after  it  his  incarceration,  agreeably  to  the  terms 
of  article  460  of  the  Code  of  Commerce.     The  decree  of  bank- 
ruptcy may  order  the  placing  of  the  person  of  the  bankrupt  in  a 
debtor's  prison,  and,  if  there  is  no  such  prison,  in  a  part  of  the 
liouse  of  arrest  reserved  for  that  purpose.     This  is  a  measure 
which  prudence  almost  always  dictates.   If  the  debtor  is  simply 


90  CONDITION  OF  PRISONS. 

xinforttmate,  a  safe-conduct  soon  restores  him  to  his  family  and 
to  liberty ;  if  the  examination  of  his  conduct  justifies  rigorous 
measures,  it  wiD  be  impossible  for  him  to  liberate  himself  by 
flight.  The  arrest  and  imprisonment  of  the  bankrupt  should 
be  preceded  by  the  consignment  on  the  part  of  the  commis- 
sioners of  bankruptcy  of  the  means  of  living,  and,  in  case  of  in- 
sufficient means  for  this  purpose,  the  advance  of  the  moneys  to 
be  consigned  is  made  from  the  public  treasure,  on  the  order  ef 
the  commissioner,  given  at  the  request  of  the  puldic  waBsasttj. 
{Code  de  Commerce,  article  461.) 

The  French  law,  as  is  thus  seen,  places  the  incarcerated  bank- 
rupt in  a  situation  altogether  different  from  that  of  fnrdinaiy 
prisoners. 

63.  The  absolute  terms  of  this  question  render  a  categorical 
reply  impossible,  but  there  is  reason  to  believe  that  in  France^ 
as  in  many  other  countries,  the  insufficiency  of  moral  education, 
the  general  defect  of  intellectual  culture,  and  the  want  of  an 
industrial  calling,  not  opposing  to  the  appetites  and  instincts  a 
barrier  sufficiently  strong,  leave  an  open  road  to  crimes  and 
misdemeanors.  These  offences  are  afterwards  modified  and 
perpetrated  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  code  of 
fiscal  laws  only  an  enemy  of  natural  right,  have  little  hesita- 
tion, for  the  purpose  of  avoiding  the  payment  of  taxes,  in  sacri- 
ficing the  lives  of  the  agents  charged  with  collecting  them.  In 
the  cities  the  labourer,  seduced  by  ideas  of  a  luxury  which  his 
labour  does  not  and  ought  not  to  give  him,  suffers  himself  to  be 
drawn  on  to  attempts  against  property,  and,  too  often,  against 
social  order.  The  inhabitant  of  the  country,  who  has  under  his 
eyes  only  the  spectacle  of  a  productive  soil  parcelled  out  to 
infinity  by  the  law  of  inheritance,  demands  violently,  sometimes 
even  at  the  cost  of  his  neighbour's  life,  the  enlargement  of  the 
patch  that  belongs  to  himself.  To  these  evils,  of  which  France 
has  no  monopoly,  does  there  exist  a  remedy  which  will  prove 
absolute  and  complete  ?  It  may  be  doubted,  but  it  is  certain 
that,  in  elevating  morality,  in  fortifying  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.  Certain  humanitarian  or  eco- 
nomic writers  have,  in  these  latter  times,  seen  in  poverty  the 


USANCE.  91 

supreme  cause  of  criminalitj.  They  have  rested  their  theory 
upon  this  statistical  consideration,  that  the  years  most  prolific 
in  violations  of  law  were  precisely  those  in  which  the  harvests 
were  less  abundant.  We  might  say  as  mach  of  the  periods 
which  correspond  to  the  interruption  of  the  great  industries  of 
the  country,  and,  in  a  sense  more  restricted,  of  the  effects  of 
legal  supervision  over  the  persons  who  are  subjected  to  it. 
But  these  are  only  accidents  or  influences  which  at  most  are 
but  intermediate  causes,  subordinating  themselves  in  a  manner 
little  short  of  absolute,  to  the  generic  causes  set  forth  above. 

64.  As  regards  the  proportion  in  which  the  sexes  are  repre- 
sented in  our  prisons :  On  September  31,  1868,  a  point  at 
which  were  arrested  the  indications  of  the  statistical  documents^ 
recently  published,  on  the  subject  of  the  movement  of  the 
population  in  the  central  prisons  and  the  houses  of  arrest,  of 
justice,  and  of  correction,  there  were  counted  in  aU  the  different 
establishments :  33,978  men,  being  about  81  per  cent,  of  the 
total  population ;  and  7,993  women,  being  about  19  per  cent.,^ 
subdivided  in  the  following  manner  : — 

In  the  central  prisons :  Men  sentenced  to  reclusion  and  ta 
an  imprisonment  of  more  than  one  year,  15,467,  or  about  82 
per  cent,  of  the  population  of  the  central  prisons.*  Women 
sentenced  to  hard  labour,  to  reclusion,  and  to  an  imprisonment 
of  more  than  one  year,  3,506,  or  about  18  per  cent,  of  the 
population  of  the  central  prisons. 

Houses  of  arrest,  of  justice,  and  of  correction  :  The  an^ested, 
the  accused,  and  those  sentenced,  for  the  most  part,  to  an 
imprisonment  of  one  year  and  less:  Men,  18,511,  or  about 
80  per  cent,  of  the  population  of  the  departmental  prisons ; 
Women,  4,487,  or  about  20  per  cent,  of  the  population  of  the  same 
prisons.  In  recapitulating  the  statements  relative  to  persons 
imprisoned  under  whatever  title  in  the  prisons,  in  the  peniten- 
tiaries, in  the  public  and  private  colonies,  as  well  as  at  the 
bagnio  and  in  the  countries  devoted  to  transportation,  the  fol- 
lowing is  the  grand  total  for  the  year  1 848 :  69,469  men  (adults 
and  juveniles),  or  87  per  cent,  of  the  total  of  population ;  9,612 
women  (adults  and  juveniles),  or  15  per  cent,  of  the  total 
population.  It  is  proper  to  remark,  in  regard  to  the  classifica- 
tion in  respect  to  the  sexes,  that  the  women  commit  in  prison, 

'  Certain  men  scntonced  to  bard  laLour  arc  exceptionally  retained  in  these  estab- 
lishments. 


•92  CONDITION  OF  PRISONS.  * 

as  in  free  life,  fewer  moral  offences  and  breaches  of  discipline. 
They  observe  better  and  more  readily  the  requirements  laid 
down  in  the  regulations.  The  proportional  number  of  recidivists 
is  also  very  sensibly  less  for  the  women. 

65.  The  studies  prosecuted  in  France  with  a  view  to  organise 
a  penitentiary  system,  as  well  as  the  modifications  more  re- 
cently introduced  into  the  great  prisons  for  punishment,  have 
generally  for  their  object,  besides  the  reformation  of  the  pri- 
soners, the  intimidation  of  criminals  and  the  gradual  repression 
of  crime.  It  could  not,  indeed,  be  otherwise.  The  doctrines 
of  penal  law  are  based  upon  the  necessity  of  protecting  society 
and  of  inflicting  on  criminals  a  punishment  proportioned  to  the 
gravity  of  their  offence,  at  the  same  time  having  regard,  as  far 
as  possible,  to  certain  principles  of  humanity.  The  moral 
regeneration  of  the  convicts  is,  therefore,  considered  in  France 
as  one  of  the  means  of  action  which  the  State  can  and  ought  to 
employ  to  diminish  the  dangers  of  relapse,  but  not  as  the 
principal  aim  of  the  penitentiary  system. 

66.  It  is  asked  whether,  as  a  matter  of  fact,  the  prisoners 
leave  the  prison-house  better  or  worse  than  they  came  in.  It  is 
very  difiicult  to  obtain  favourable  results  in  the  case  of  prisoners 
sentenced  to  a  short  term  in  prisons  where  the  associated  system 
prevails.  Whoever  has  been  imprisoned  in  these  circumstances 
becomes  sensibly  deteriorated :  on  the  one  side,  by  contact  with 
criminality :  on  the  other,  by  the  very  influence  of  a  punish- 
ment of  which  he  no  longer  fears  in  the  future  the  physical 
and  moral  consequences.  In  regard  to  the  greater  part  of  the 
prisoners  of  this  class,  the  danger  to  society  and  to  the  indi- 
vidual is  greater  after  than  before  his  imprisonment.  It  would 
be  desirable  to  modify,  on  this  point,  the  sanction  given  to  the 
awards  of  justice.  It  should  be  remarked,  in  support  of  this 
view,  that  the  number  of  relapses  is  in  inverse  ratio  to  the 
duration  of  punishments.  After  the  lapse  of  a  certain  period 
the  prolonged  action  of  a  sojourn  in  the  prisons  makes  itself 
advantageously  felt. 

67.  There  are  not  yet,  in  France,  institutions  specially 
created  to  aid  liberated  prisoners  in  finding  work,  and,  in  this 
manner,  to  save  them  from  falling  back  into  crime.  We  can 
-only  cite,  as  exceptions  to  this,  certain  establishments  whose 
creation  is  due  to  the  private  initiative  of  members  of  the  «lergy 


FRANCE.  9a* 

and  of  the  Sisters  of  the  Order  of  Mary-Joseph.     The  Abb6 
Coural  founded  in  1842^  near  Montpelier,  under  the  title  of 
the  Solitude  of  Nazareth,  is  a  refuge  designed  for  the  liberated 
females  of  the  south.     The  sisters  of  Marj-Joseph,  in  imitation 
of  this  example,  have  founded  seven  other  refugesj^  near  the 
central  prisons,  for  women.     To  the  present  time  there  is  only 
one  establishment  of  this  kind  for  men — the  Asylum  of  Saint 
Leonard,  at  Couzon  (Rhone). ^     The  administration  is  earnestly 
engaged  in  seeking  the  means  to  increase  the  number  of  insti- 
tutions similar  to  those  of  which  we  have  just  spoken.     A 
commission,  of  which  we  shall  speak  further  on,  relating  to  the 
patronage  of  liberated  prisoners,  was  organised  by  a  decree  of 
October  6,  1869.     The  labours  of  this  commission  were  inter- 
rupted by  the  political  events  of  last  year.     The  inquiry  con- 
ducted under  its  direction  has,  however,  gathered  very  important 
information,  which  will  soon  be  published.     This  commission 
is  about  to  be  re-organised.     A  reform  of  considerable  impor- 
tance has  already  been  eflfected  in  one  of  the  points  indicated 
by  the  commission,  as  creating  an  obstacle  to  the  return  of 
liberated  prisoners  to  normal  conditions  of  existence.    A  circular 
of  the  minister  of  justice  has  just  re-established,  in  the  case  of 
persons  subjected  to  legal  supervision,  the  system  in  vogue  prior 
to  the  year  1851.     Henceforth  liberated  prisoners  of  this  class 
will  be  known  only  to  the  administration,  and,  with  the  excep- 
tion of  certain  great  cities  in  which  they  are  forbidden  to  reside, 
they  are  at  liberty  to  choose  the  place  of  their  abode.     They 
are  now  able  to  escape  the  difficulties  resulting  especially  from 
prejudices,  salutary  perhaps  as  far  as  public  morality  is  con- 
cerned, but  very  prejudicial  to  them — ^prejudices  which  oppose 
their  admission  into  workshops,  or  their  employment  on  farms,, 
and,  consequently,  their  return  to  well-doing  by  the  path  of: 
labour. 

68.  Besides  the  houses  of  refuge  mentioned  above,  and  the 
two  patronage  societies  for  liberated  Protestants  of  the  two 
sexes,  there  are  not,  in  France,  special  patronage  societies  for- 
liberated  adults.  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 

*  The  reflnlts  of  the  refuges  derotei  to  women  aro  good.    Those  obtained  at  the. 
asylum  at  Saint  Leonard  are  relatively  less  satisfacto  *y. 


84  CONDITION  OF  PRISONS. 

his  expenses ;  but  as  the  labour  of  these  prisons  cannot  be  so- 
well  organised  as  that  in  establishments  for  long  punishments, 
and  is,  consequently,  in  them  less  productive,  the  cost  of  each 
day's  imprisonment  is  greater  than  in  the  central  prisons.  In,, 
the  central  prisons  of  the  Continent,  with  the  exception  of  that 
of  Belle  Isle,  which  is  administered  by  the  State,  the  right  of 
employing  the  labours  of  the  prisoners  is,  in  like  manner,  con- 
ceded to  the  general  contractor  of  the  services.  The  adminis- 
tration reserves  the  right  of  utilising  the  labour  of  the 
prisoners  if  the  contractor  leaves  them  unoccupied.  The 
directors  of  the  private  colonies  employ,  in  industrial  labours,, 
without  the  intervention  of  contractors,  those  juveniles  whom 
they  have  not  been  able  to  employ  in  agriculture.  The  product 
of  the  labour  of  the  young  girls  applied  to  field  labour  or 
sewing,  is  received  by  the  religious  communities  charged  with 
their  penitentiary  education. 

54.  The  system  which  consists  in  awarding  to  contractors  the- 
profits  of  the  industrial  labour  of  the  prisons  appears  to  be  the 
preferable  one.  If  the  State  can  produce  more,  it  produces,  in 
general  at  greater  cost.  Personal  interest  and  the  desire  of 
making  money  are  powerful  motives  with  the  contractor ;  besides- 
which,  an  officer  of  the  Government  has  not  the  same  freedom 
of  action  nor  so  much  practical  knowledge  of  commercial 
affairs  as  a  business  man.  Moreover,  by  giving  to  the  same- 
person  the  charge  of  the  maintenance  of  the  prisoners  and  a 
part  in  the  product  of  their  labour,  the  administration  haa 
realised  a  progress  promotive  of  the  interests  of  all.  In  pro- 
portion as  the  contractors  have  become  familiar  with  the  work- 
ing of  their  contracts,  they  have  learned  that  the  surest  benefits 
to  be  realised  from  them  consisted  rather  in  the  impulse  to  and 
extension  of  industrial  labour,  than  in  the  culpable  profits  to  be 
obtained  by  the  imperfect  execution  of  the  obligations  which 
they  had  assumed.  The  labour  being  constant  and  becoming 
more  and  more  productive,  the  profits  of  the  contractor  and 
those  of  the  prisoners  increase  jpari  passu.  The  part  of  the. 
product  of  the  labour  belonging  to  the  contractor  represents  a 
profit  more  considerable  in  proportion  as  such  product  increases.. 
The  sum,  then,  to  be  paid  by  the  State  toward  the^mainteuance 
of  the  prisoners  becomes  so  much  less  when  a  new  contract  is 
to  be  made.     The  contractors  have  been  made  to  comprehend- 


FRANCK  85 

'that  the  sum  total  of  the  product  of  the  labour  is  augmented, 
as  the  result  of  the  general  good  care  extended  to  the  prisoners. 
This  last  result,  conducive  alike  to  the  well-being  of  the  pri- 
soners and  the  interest  of  the  treasury,  is  remarkable  and 
immediate  when  the  contractor  directly  utilises  the  forces  of 
prisoners. 

53.  Under  reserve  of  the  exception  previously  pointed  out  in 
what  concerns  the,  prisons  of  Paris,  there  is  but  one  system 
of  contracting  the  labour  of  the  prisoners.  The  contractor, 
charged  with  the  service  of  maintaining  and  feeding  the  pri- 
soners, possesses  the  exclusive  right  to  the  labour  of  the  con- 
victs. The  contractors  in  the  departmental  and  central  prisons 
themselves  utilise  directly  the  labour  of  the  prisoners ;  those  in 
the  prisons  of  Paris  do  it  through  sub-eontractors,  for  whom 
they  become  responsible  to  the  administration.  The  procedure 
which  consists  in  the  direct  utilising  of  the  labour  by  the  con- 
tractors has  its  advantages,  which  have  been  pointed  out  in  the 
preceding  paragraphs ;  but  if  it  is,  in  certain  respects,  advan- 
tageous to  the  prisoners  that  the  contractor  be  directly  inte- 
rested in  the  greater  or  less  production  of  the  labour,  this  state 
of  things  may  be  attended  with  some  disadvantages.  In  effect, 
if  the  contractor  is  at  the  same  time  a  manufacturer,  it  is 
probable  that  the  greater  part,  if  not  all  of  the  prisoners,  will 
he  placed  upon  a  single  industry,  viz.,  that  which  he  carries  on 
outside.  When,  in  these  conditions,  a  suspension  of  work 
happens,  almost  the  entire  prison  population  may  have  to  suffer 
from  this  interruption  of  labour.  If,  on  the  contrary,  the  con- 
tractor has  sub-letters  for  the  various  industries,  any  partial 
suspension  will  affect  only  a  small  number  of  prisoners  ;  and,  on 
the  other  side,  the  prisoners  belonging  to  a  shop  which  has 
suspended  labour  may  pass,  temporarily,  into  another  shop, 
where  they  will  be  occupied. 

56.  Of  the  inmates  of  the  central  prisons,  the  men  who  had 
no  regular  calling  or  business  prior  to  commitment  were  4*78 
per  cent. ;  the  women,  11 '76  per  cent.     In  the  establishments 

^of  correctional  education,  where  the  children  are  often  placed, 
before  having  exercised  any  regular  calling,  either  because  of 
•fcheir  youth  or  the  indifference  of  their  family,  the  proportion 
;not  having  any  regular  business  is  about  65'61  per  cent. 

57.  All  the  convicts  are  under  obligation^^to  labour.     Each 


86  CONDITION  OF  PRISONS. 

one  is  put,  as  &r  as  possible,  to  the  business  which  he  followed 
before  his  imprisonment ;  and,  when  he  is  placed  in  a  workshc^^ 
accoxmt  is  always  taken  of  his  aptitudes  and  tastes.  The 
prisoners  of  rural  origin  are,  in  general,  sent  into  the  agricul- 
tural estaUishments  of  Corsica,  when  the  state  of  their  health 
and  the  length  of  their  sentence  justify  so  expensive  a  transfer. 
In  the  establishments  of  juvenile  delinquents  it  is  sought,  above 
all,  from  considerations  of  health,  and  in  tli^e  hope  of  teaching 
them  a  business  which  may  keep  them  away  from  the  cities,  to 
employ  them  in  agricultural  labours.  Yet  those  who  will  be 
able  to  return  to  their  family,  and  who  are  of  city  origin,  are 
employed  in  industrial  occupations,  which  they  may  exercise 
after  their  liberation. 

58.  As  has  just  been  said,  the  administration  exerts  itself,  as 
far  as  possible,  to  cause  to  be  taught  to  the  prisoners,  previously 
without  regular  business,  some  calling  which  will  enable  them, 
after  their  liberation,  to  gain  an  honest  living.  But,  during 
their  incarceration,  they  may  already  aid  themselves  by  work. 
Not  to  repeat  what  was  said  in  No.  13,  on  the  share  accorded 
to  prisoners  of  the  product  of  their  labour,  it  is  sufBcient  to 
recall  the  fact  that  they  can,  during  their  imprisonment,  avail 
themselves  of  their  disposable  peculium  to  ameliorate  their  con- 
dition, in  respect  of  food  or  clothing,  and  to  procure  for  them- 
selves certain  objects,  the  use  of  which  is  authorised  by  the 
regulations.  As  regards  the  second  part  of  their  possession, 
the  reserved  peculium^  which  they  can  diminish  during  their 
imprisonment  only  on  certain  conditions,  and  to  a  limited 
degree,  it  is  a  kind  of  savings,  designed  to  meet  the  first 
necessities  of  the  liberated  prisoner,  if  he  does  not  find  work 
immediately  on  his  discharge  from  the  establishment.  This 
resource  is  thus  a  means,  prepared  by  his  own  efforts,  during 
liis  incarceration,  to  aid  himself.  The  administration,  not 
limiting  itself  to  this  forecast,  has  still  further  taken  means  to 
prevent  this  reserved  fund  from  being  expended  as  soon  as  it 
comes  into  the  possession  of  the  prisoner.  It  has  conceived 
that,  on  emerging  from  a  prolonged  state  of  affliction  and 
restraint,  the  prisoner,  finding  himself  in  the  possession  of  a 
sum  relatively  considerable,  would  be  disposed  to  waste  it 
immediately  in  debauchery.  It  therefore  places  at  the  disposal 
of  the  liberated  prisoner  only  such  sum  as  may  be  necessaiy 


for  the  expenses  of  Ins  jonrmej,  «nd  lie  eaji  touch,  the  rest 
of  his  possessiens  only  after  arriving  at  the  residence  which 
he  has  chosen,  or  which  has  been  assigned  him.  As  regards 
juvenile  delinquents,  whose  labour  is  not  remunerated  so  loi^ 
as  they  have  not  been  restored  to  freedom,  except  in  case  of 
being  placed  with  farmers,*  they  receive,  on  their  discharge^ 
a  complete  outfit,  and  money  enough  for  their  journey. 

59.  The  English  and  Anglo-American  legislation  is  so  un- 
like ours  that  it  would  be  difficult  to  say,  precisely,  to  what 
infractions  in  penal  matters  the  words  *  minor  offences,'  em- 
ployed in  the  question,  are  to  be  understood.     Besides,  certain 
infractions  which  are    made   the   objects    of  prohibitions  by 
foreign   laws,  have   no   penal   sanction   in   France,  such,  for 
example,  as  the  observance  of  the  Sabbath,  public  drunken- 
ness, &c.     Nevertheless,  in  order  to  enter  as  much  as  possible 
into  the  sense  of  the  question  proposed,  it  would  seem  that 
it  must  refer  to  criminal    acts    of  but   a   moderate    gravity, 
which,  according  to  the .  provisions  of  the  fourth  book  of  the 
French  penal   code,   may  be    punished    either    by    a   fine  of 
fifteen  francs  or  less,  or  by  an  imprisonment  of  fifteen  days. 
These  Acts  are  those  which,  in  the  exposition  of  *  incentives' 
in  the  code  of  1810,   the   reporter   des^nated  Violations  of 
police  regulations,'  and  which  the   first  article  of  the  penal 
code  has  denominated  ^  contraventions.'     The  contraventions 
are  numerous,  and  it    is    certain  that  the  penalties  attached 
to  them  do  not,  from  their  very  triviality,  prevent  a  return  to 
the  offences  against  which  they  are  directed,  whenever  their 
authors  find  in    them  any   profit,   the   gratification   of  some 
grudge,  or  even  a  passing  diversion.      These   transgressions, 
often  committed  by  the  same  persons,  are  no  doubt  vexatious, 
and  it  must  certainly  be   admitted    that   respect    for   law    is 
less  profound  in  France  than  in  England,  for  example ;  but  if 
the  trivial  faults,  denoting  in  those  who  commit  them  a  certain 
levity  of  character,  are  often  repeated,  in  spite  of  the  pimish- 
ment  with  which  they  are  visited,  it  cannot,  on  the  other  side, 
be  alleged  with  truth  that  graver  offences,  constituting  a  mis- 
demeanor lOr  a  crime,  are  more  numerous  in  France  than  in 
other  countries.     It  is  presumed  that,  in  the  thought  of  the 
author  of  the  questions,  the  words  ^  minor  offences'  ought  to 

>  They  have  a  right  in  that  case  to  die  moiety  of  their  earnings. 


58  CONDITION  OF  PRISONS. 

correspond,  in  France,  to  those  of  *  contraventions,'  which  are 
punished  with  a  light  imprisonment.  If,  on  the  contrary,  they 
answer  to  misdemeanors  of  no  considerable  gravity,  and  are 
visited,  consequently,  with  a  trifling  penalty,  it  might  be  said 
that,  in  this  matter  as  in  that  of  contraventions,  though  in  a 
.  much  less  proportion,  the  first  strokes  of  the  penal  law  do  not 
prevent  a  return  to  the  criminal  acts.  Thus,  in  the  year 
1870,  out  of  160,129  previously  convicted  oflfenders,  arraigned 
before  the  correctional  tribunals,  46,441,  that  is,  26*23  per 
cent.,  had  been  previously  punished,  to  wit :  7,858  by  fines,  and 
38,783  by  an  imprisonment  of  one  year  and  under.  The 
relative  smallness  of  the  first  punishments  had  not,  therefore, 
in  this  case,  had  the  salutary  effect  of  preventing  new 
offences. 

60.  In  respect  to  the  percentage  of  recidivists  :  In  order  to 
reply  more  fuUy  to  the  spirit  of  the  question  upon  this  point,  it 
will  be  necessary  to  take  into  view  both  the  prosecution  and  the 
conviction.  According  to  the  last  official  report  on  criminal 
justice,  out  of  4,189  individuals  prosecuted  for  crimes,  the  reci- 
divists are  in  the  proportion  (including  men  and  women)  of 
1,780,  that  is  to  say,  42*49  per  cent.  Of  this  number  of  reci- 
divists prosecuted,  272  were  acquitted,  being  11*91  per  cent, 
only.  On  the  other  hand,  of  160,079  individuals  of  both  sexes 
prosecuted  for  misdemeanors,  the  recidivists  are  to  the  num- 
ber of  60,129,  or  37*56  per  cent.  Of  this  number  of  60,129 
recidivists  prosecuted  in  matters  of  misdemeanor,  1,725  only 
were  acquitted,  being  2*26  per  cent. 

61.  A  relapse,  in  the  legal  sense  of  the  word,  is  the  conmiis- 
sion,  after  a  penal  sentence,  of  a  new  criminal  act.  It  receives 
little  favour  from  the  French  law.  The  circumstance  of  a  prior 
conviction,  and  the  greater  perversity  shown  by  a  repetition  of 
the  offence,  seems,  in  effect,  to  demand  jfrom  the  legislator  an 
increase  of  punishment.  Doubtless,  neither  theft  nor  homicide 
changes  its  nature  because  committed  a  second  time ;  but  a 
crime  has  two  elements,  the  substance  of  the  act  and  the  crimi- 
nality of  its  author.  The  legislator  has  thought  it  a  duty  to 
take  both  these  circumstances  into  consideration  in  measuring 
the  punishment.  Article  56  of  the  Penal  Code  lays  down  rules 
in  regard  to  relapses  in  matters  of  crime.  The  punishment 
awarded  is  generally  that  which  is  placed  above  the  first  sen- 


FRANCE.  89 

tence  in  the  scale  of  penalties.    Article  68  relates  to  relapses  in 
matters   of    misdemeanor.      It  ordains  that  misdemeanants, 
who  had  been  punished  correctionally  by  an  imprisonment  of 
more  than  a  year,  be  sentenced,  in  case  of  a  second  oflFence,  to 
the  maximum  of  the  punishment  permitted  by  the  law,  and  de- 
jclares  that  this  punishment  may  be  doubled,  besides  subjecting 
the  oflFender  to  the  supervision  of  the  police  during  a  period  of 
five  years  at  least,  to  ten  years  at  most.    The  eflFect  of  a  second 
or  third  conviction  in  diminishing  the  share  accorded  to  the 
prisoners  of  the  product  of  their  labour  has  already  been  stated. 
62.  The  law  of  July  22,  1867,  put  an  end  to  imprisonment 
for  debt  in  commercial  and  civil  matters,  and  in  those  in  which 
foreigners  are  concerned.     The  restraint  of  the  body  exists  no 
longer,  except  in  matters  criminal,  correctional,  and  of  simple 
police.     The  usage  has  just  been  re-established  as  regards  the 
payment  of  moneys  due  to  the  State.     The  ordinary  creditor 
who,  under  the  empire  of  the  old  legislation,  caused  his  debtor 
to  be  imprisoned  (in  the  exceptional  case  of  which  mention  will 
be  made  further  on),  was  bound  to  deposit  in  advance,  for  each 
period  of  thirty  days,  the  sum  of  45  francs  in  Paris,  and  of  40 
francs  in  other  cities,  in  the  hands  of  the  prison-keeper,  to  pro- 
vide subsistence  for  the  imprisoned  debtor.     This  consignment 
^f  the  means  of  support  was  not,  and  is  not  now,  necessary, 
when  the  debtor  is  arrested  and  detained  on  account  of  debts 
due  to  the  State  for  the  public  administrations.     This  expense 
is,  in  such  cases,  included  in  the  number  of  expenses  necessi- 
tated by  the  service  of  the  prisons,  agreeably  to  the  terms  of 
the  decree  of  March  4,  1808,  article  2,  which  was  not  abrogated 
by  the  subsequent  laws  of  1832  and  1867  touching  the  restraint 
of  the  body.     In  tliis  case,  the  public  minister  is  bound  to  take 
<jare  that  persons  imprisoned  for  debts  to  the  State  or  the  ad- 
ministrations receive  the  same  rations  as  the  other  prisoners 
who  are  in  the  charge  of  the  State.     It  is  a  special  case,  that 
in  which  the  unfulfilled  engagements  of  a  citizen  toward  others 
may  also  draw  after  it  his  incarceration,  agreeably  to  the  terms 
of  article  460  of  the  Code  of  Commerce.     The  decree  of  bank- 
ruptcy may  order  the  placing  of  the  person  of  the  bankrupt  in  a 
debtor's  prison,  and,  if  there  is  no  such  prison,  in  a  part  of  the 
house  of  arrest  reserved  for  that  purpose.     This  is  a  measure 
jvhich  prudence  almost  always  dictates.   If  the  debtor  is  simply 


90  CONDITION  OF  PRISONS. 

unfortmiate,  a  safe-conduct  soon  restores  him  to  his  family  and 
to  liberty ;  if  the  examination  of  his  conduct  justifies  rigorous 
measures,  it  will  be  impossible  for  him  to  liberate  himself  by 
flight.  The  arrest  and  imprisonment  of  the  bankrupt  should 
be  preceded  by  the  consignment  on  the  part  of  the  commis- 
sioners of  bankruptcy  of  the  means  of  living,  and,  in  case  of  in- 
sufficient means  for  this  purpose,  the  advance  of  the  moneys  to 
be  consigned  is  made  from  the  public  treasure,  on  the  order  ef 
the  commissioner,  given  at  the  request  of  the  public  wnoB^trj. 
{Code  de  Cormnerce^  article  461.) 

The  French  law,  as  is  thus  seen,  places  the  incarcerated  bank- 
rupt in  a  situation  altogether  different  from  that  of  ordinary 
prisoners. 

63.  The  absolute  terms  of  this  question  render  a  categorieal 
reply  impossible,  but  there  is  reason  to  believe  that  in  Franoe^ 
as  in  many  other  countries,  the  insufficiency  of  moral  education, 
the  general  defect  of  intellectual  culture,  and  the  want  of  an 
industrial  calling,  not  opposing  to  the  appetites  and  instincts  a 
barrier  sufficiently  strong,  leave  an  open  road  to  crim:es  and 
misdemeanors.  These  ofiFences  are  afterwards  modified  and 
perpetrated  undet  influences  sprmging  from  the  circumstances 
by  which  their  authors  are  habitually  surrounded.  It  is  thus 
that,  on  the  frontiers,  the  populations  seeing  in  the  code  of 
fiscal  laws  only  an  enemy  of  natural  right,  have  little  hesita- 
tion, for  the  purpose  of  avoiding  the  payment  of  taxes,  in  sacri- 
ficing the  lives  of  the  agents  charged  with  collecting  them.  In 
the  cities  the  labourer,  seduced  by  ideas  of  a  luxury  which  his 
labour  does  not  and  ought  not  to  give  him,  suffers  himself  to  be 
drawn  on  to  attempts  against  property,  and,  too  often,  against 
social  order.  The  inhabitant  of  the  country,  who  has  under  his 
eyes  only  the  spectacle  of  a  productive  soil  parcelled  out  to 
infinity  by  the  law  of  inheritance,  demands  violently,  sometimes 
even  at  the  cost  of  his  neighbour's  life,  the  enlargement  of  the 
patch  that  belongs  to  himself.  To  these  evils,  of  which  France 
has  no  monopoly,  does  there  exist  a  remedy  which  will  prove 
absolute  and  complete  ?  It  may  be  doubted,  but  it  is  certain 
that,  in  elevating  morality,  in  fortifying  the  heart,  in  enlaa^ing^ 
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.  Certain  humanitarian  or  eco- 
nomic writers  have,  in  these  latter  times,  seen  in  poverty  the 


PRANCE.  91 

supreme  cause  of  criminality.  They  have  rested  their  theory 
upon  this  statistical  consideration,  that  the  years  most  prolific 
in  violations  of  low  were  precisely  those  in  which  the  harvests 
were  less  abundant.  We  might  say  as  much  of  the  perioda 
which  correspond  to  the  interruption  of  the  great  industries  of 
the  country,  and,  in  a  sense  more  restricted,  of  the  effects  of 
legal  supervision  over  the  persons  who  are  subjected  to  it. 
But  these  are  only  accidents  or  influences  which  at  most  are 
but  intermediate  causes,  subordinating  themselves  in  a  manner 
little  short  of  absolute,  to  the  generic  causes  set  {orth  above. 

64.  As  regards  the  proportion  in  which  the  sexes  are  repre^ 
sented  in  our  prisons :  On  September  31,  1868,  a  point  at 
which  were  arrested  the  indications  of  the  statistical  documents, 
recently  published,  on  the  subject  of  the  movement  of  the 
population  in  the  central  prisons  and  the  houses  of  arrest,  of 
justice,  and  of  correction,  there  were  counted  in  all  the  different 
establishments :  33,978  men,  being  about  81  per  cent,  of  the 
total  population ;  and  7,993  women,  being  about  19  per  cent., 
subdivided  in  the  following  manner : — 

In  the  central  prisons :  Men  sentenced  to  reclusion  and  ta 
an  imprisonment  of  more  than  one  year,  16,467,  or  about  82 
per  cent,  of  the  population  of  the  central  prisons.^  Women 
sentenced  to  hard  labour,  to  reclusion,  and  to  an  imprisonment 
of  more  than  one  year,  3,506,  or  about  18  per  cent,  of  the 
population  of  the  central  prisons. 

Houses  of  arrest,  of  justice,  and  of  correction  :  The  arrested, 
the  accused,  and  those  sentenced,  for  the  most  part,  to  an 
imprisonment  of  one  year  and  less:  Men,  18,511,  or  about 
80  per  cent,  of  the  population  of  the  departmental  prisons ; 
Women,  4,48  7,  or  about  20  per  cent,  of  the  population  of  the  same 
prisons.  In  recapitulating  the  statements  relative  to  persons 
imprisoned  under  whatever  title  in  the  prisons,  in  the  peniten- 
tiaries, in  the  public  and  private  colonies,  as  well  as  at  the 
bagnio  and  in  the  countries  devoted  to  transportation,  the  fol- 
lowing is  the  grand  total  for  the  year  1 848 :  69,469  men  (adults 
and  juveniles),  or  87  per  cent,  of  the  total  of  population ;  9,612 
women  (adults  and  juveniles),  or  15  per  cent,  of  the  total 
population.  It  is  proper  to  remark,  in  regard  to  the  classifica- 
tion in  respect  to  the  sexes,  that  the  women  commit  in  prison, 

1  Certain  men  sentenced  to  hard  lubour  ore  exceptionally  retained  in  these  estab* 
lishmentfi. 


•92  CONDITION  OF  PRISONS.  * 

J8L8  in  free  life,  fewer  moral  offences  and  breaches  of  discipline. 
They  observe  better  and  more  readily  the  requirements  laid 
down  in  the  regulations.  The  proportional  number  of  recidivists 
is  also  very  sensibly  less  for  the  women. 

65.  The  studies  prosecuted  in  France  with  a  view  to  organise 
a  penitentiary  system,  as  well  as  the  modifications  more  re- 
cently introduced  into  the  great  prisons  for  punishment,  have 
generally  for  their  object,  besides  the  reformation  of  the  pri- 
soners, the  intimidation  of  criminals  and  the  gradual  repression 
of  crime.  It  could  not,  indeed,  be  otherwise.  The  doctrines 
of  penal  law  are  based  upon  the  necessity  of  protecting  society 
and  of  inflicting  on  criminals  a  punishment  proportioned  to  the 
gravity  of  their  offence,  at  the  same  time  having  regard,  as  far 
as  possible,  to  certain  principles  of  humanity.  The  moral 
regeneration  of  the  convicts  is,  therefore,  considered  in  France 
as  one  of  the  means  of  action  which  the  State  can  and  ought  to 
employ  to  diminish  the  dangers  of  relapse,  but  not  as  the 
principal  aim  of  the  penitentiary  system. 

66.  It  is  asked  whether,  as  a  matter  of  fact,  the  prisoners 
leave  the  prison-house  better  or  worse  than  they  came  in.  It  is 
very  difficult  to  obtain  favourable  results  in  the  case  of  prisoners 
sentenced  to  a  short  term  in  prisons  where  the  associated  system 
prevails.  Whoever  has  been  imprisoned  in  these  circumstances 
becomes  sensibly  deteriorated :  on  the  one  side,  by  contact  with 
criminality :  on  the  other,  by  the  very  influence  of  a  punish- 
ment of  which  he  no  longer  fears  in  the  future  the  physical 
^nd  moral  consequences.  In  regard  to  the  greater  part  of  the 
prisoners  of  this  class,  the  danger  to  society  and  to  the  indi- 
vidual is  greater  after  than  before  his  imprisonment.  It  would 
be  desirable  to  modify,  on  this  point,  the  sanction  given  to  the 
awards  of  justice.  It  should  be  remarked,  in  support  of  this 
view,  that  the  number  of  relapses  is  in  inverse  ratio  to  the 
duration  of  punishments.  After  the  lapse  of  a  certain  period 
the  prolonged  action  of  a  sojourn  in  the  prisons  makes  itself 
advantageously  felt. 

67.  There  are  not  yet,  in  France,  institutions  specially 
created  to  aid  liberated  prisoners  in  finding  work,  and,  in  this 
manner,  to  save  them  from  falling  back  into  erime.  We  can 
x)nly  cite,  as  exceptions  to  this,  certain  establishments  whose 
creation  is  due  to  the  private  initiative  of  members  of  the  alergy 


FRANCE.  9&' 

and  of  the  Sisters  of  the  Order  of  Mary-Joseph.     The  Abb6 
Coural  founded  in  1842,  near  Montpelier,  under  the  title  of 
the  Solitude  of  Nazareth,  is  a  refuge  designed  for  the  liberated 
females  of  the  south.     The  sisters  of  Marj-Joseph,  in  imitation 
of  this  example,  have  founded  seven  other  refugeSj^  near  the 
central  prisons,  for  women.     To  the  present  time  there  is  only 
one  establishment  of  this  kind  for  men — the  Asylum  of  Saint 
Leonard,  at  Couzon  (Rhone).*     The  administration  is  earnestly 
engaged  in  seeking  the  means  to  increase  the  number  of  insti- 
tutions similar  to  those  of  which  we  have  just  spoken.     A 
commission,  of  which  we  shall  speak  further  on,  relating  to  the 
patronage  of  liberated  prisoners,  was  organised  by  a  decree  of 
October  6,  1869.     The  labours  of  this  commission  were  inter- 
rupted by  the  political  events  of  last  year.     The  inquiry  con- 
ducted under  its  direction  has,  however,  gathered  very  important 
information,  which  will  soon  be  published.     This  commission 
is  about  to  be  re-organised.     A  reform  of  considerable  impor- 
tance has  already  been  effected  in  one  of  the  points  indicated 
by  the  commission,  as  creating  an  obstacle  to  the  return  of 
liberated  prisoners  to  normal  conditions  of  existence.    A  circular 
of  the  minister  of  justice  has  just  re-established,  in  the  case  of 
persons  subjected  to  legal  supervision,  the  system  in  vogue  prior 
to  the  year  1851.     Henceforth  liberated  prisoners  of  this  class 
will  be  known  only  to  the  administration,  and,  with  the  excep- 
tion of  certain  great  cities  in  which  they  are  forbidden  to  reside, . 
they  are  at  liberty  to  choose  the  place  of  their  abode.     They 
are  now  able  to  escape  the  dif&culties  resulting  especially  from 
prejudices,  salutary  perhaps  as  far  as  public  morality  is  con- 
cerned, but  very  prejudicial  to  them — prejudices  which  oppose 
their  admission  into  workshops,  or  their  employment  on  farms^. 
and,  consequently,  their  return  to  well-doing  by  the  path  of 
labour. 

68.  Besides  the  houses  of  refuge  mentioned  above,  and  the 
two  patronage  societies  for  liberated  Protestants  of  the  two 
sexes,  there  are  not,  in  France,  special  patronage  societies  for* 
liberated  adults.  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 

*  The  results  of  the  refuges  dsrotei  to  women  aro  good.    Those  obtained  at  the. 
asylum  at  Saint  Leonard  are  relatively  less  satisfacto  *y. 


k 


•94  CONDITION  OF  PRISONS. 

in  acquiring  a  trade.  A  commission  instituted,  in  virtae  of  a 
<lecree  of  October  6,  1869,  was  charged  with,  studying  all  the 
questions  relating  to  patronage,  and  with  determining  the 
measures  adopted  to  £a«cilitate  the  return  of  discharged  prisoners 
to  free  life.  It  seemed  necessary  to  inquire  especially: — 
(1)  Whether  there  are  difFerenoes  to  1»e  made  between  diisses 
of  prisoners  (correctionals,  reclusionaries,  and  those  sentenced 
to  hard  labour).  (2)  Whether  the  commissions  of  supervisions 
of  the  prisons  ought  to  be  placed  over  the  work  of  patronage, 
and,  if  so,  whether  it  would  be  proper  to  leave  to  them  the  free 
use  of  the  peculium  accumulated  as  a  reserve  for  the  prisoner 
during  his  imprisonment.  (3)  Whether  the  action  of  patronage 
can  be  fortified  by  the  adoption  and  vigorous  use  of  arrange- 
ments analogous  to  the  system  of  preparatory  liberations.  It 
is  placed  out  of  all  doubt  that  the  organisations  of  patronage 
will  present  in  certain  cases  great  difficulties ;  but  they  cannot 
be  insurmountable.  The  various  objections  raised,  hitb^rto, 
to  this  eminently  social  creation  ought  ndt  to  arrest  the  efforts 
of  the  administration.  The  inquiries  made  by  the  commission 
on  this  subject  have  shown  that,  with  the  co-operation  pledged 
from  various  quarters  toward  the  accomplishment  of  this  work, 
a  patronage,  widely  extended,  ought  to  oflfer  more  advantages 
than  disadvantages. 

69.  The  punishment  of  imprisonment  in  association,  in  dif- 
ferent degrees,  is  applied  in  France  under  diSl^rent  oonditions, 
on  which  account  it  has  been  found  necessary  to  give  attention 
to  the  nature  and  condition  of  the  buildings  which  have  been 
successively  placed  at  the  disposal  of  the  administration  of 
prisons.  The  system  of  cellular  imprisonment  has  not  been 
practised  to  any  very  great  extent,  except  in  certain  establish- 
ments devoted  to  the  treatment  of  prisoners  awaiting  trial. 
France  was  on  the  point  of  adopting  a  penitentiary  system 
homogeneous  in  all  its  parts,  and  based,  in  principle,  on  the 
processes  employed  in  America  to  secure  personal  separation, 
but,  at  the  same  time,  softening  the  rigours  inherent  in  this 
mode  of  imprisonment,  and  imder  the  reserve  of  a  proportikmal 
reduction  of  the  duration  of  the  punishments.  The  legislation 
v^ch  had  been  directed  to  this  end,  and  was  upon  the  point 
of  realising  it,  was  interrupted  by  the  revolution  of  1848. 
•Since  that  time  the  cellular  system  has  been  made  the  occaaion 


FRANCE.  96 

of  very  severe  strictures,  at  least  as  regards  punislimeiits  of  a 
•certain  duration;  and  it  is  consequently  probable  that  there 
would  have  been,  on  this  point,  important  modifications  in  the 
details,  whenever  the  system  should  have  been  definitively 
adopted.  To  sum  up,  France  has  not  yet  adopted  a  well-de- 
fined penitentiary  system.  The  administration,  shut  up  with- 
in its  own  resources,  has  been  able  to  devote  itself  to  reforms, 
•certainly  of  great  importance,  relating  to  the  economic  regime 
and  the  organisation  of  labour,  order,  and  discipline.  In  these 
respects,  the  central  prisons,  and  the  greater  part  of  the  houses 
of  arrest,  of  justice,  and  of  correction,  may  be  placed  in  the 
first  rank.  It  seems  difficult  to  secure  greater  regfularity  in 
the  mode  of  administering  these  various  services;  but  it  is 
certain  that  the  results  obtained  are  not  such  as  they  ought 
to  be,  if  the  question  is  received  in  relation  to  moral  reforma- 
tion. It  is  impossible,  then,  to  declare  ourselves  satisfied  with 
institutions  which,  upon  the  whole,  fail  to  secure  the  gradual 
repression  of  crimes  and  misdemeanors,  and  whose  results  are 
unsatisfactory  in  regard  to  the  number  of  relapses,  which  is,  to 
«ay  the  least,  always  far  from  inconsiderable.  To  state  with 
precision  the  defects  of  the  penitentiary  system  in  France 
would  require  explanations  far  beyond  the  plan  of  the  present 
report.  For  the  rest,  these  defects  are  similar  to  those  which 
exist  in  all  countries  where'imprisonment  has  been  substituted 
for  the  various  penalties  previously  in  vogue.  A  complete 
examination  of  the  question  would,  moreover,  necessitate  a 
scheme  for  the  revision  of  the  penal  laws. 

Under  the  reserve  implied  in  these  observations,  we  will 
oonfine  ourselves  to  potating  out  the  reforms  and  the  ameliora- 
tions to  be  introduced  in  France,  into  the  penitentiary  system, 
that  is  to  say : — (1)  The  abolition  of  the  punishment  of  im- 
prisonment for  offences  of  little  gravity,  in  place  of  which 
should  be  substituted,  as  far  as  possible,  pecuniary  penalties, 
ihe  temporary  privation  of  certain  civil  rights,  etc.  (2)  The 
•definitive  choice  of  a  system  of  imprisonment  for  prisoners 
awaiting  examination  or  trial,  and  for  those  sentenced  to 
punishments  of  a  duration  of  at  least  two  yefurs.  The  system 
of  personal  isolation,  mitigated  by  labour,  reading,  visits,  etc., 
and  above  all  a  proportionate  diminution,  more  or  less  con- 
siderable, of  the  duration  of  the  punishments,  ought  of  them- 


96  CONDITION  OF  PRISONS. 

selves,  it  would  seem,  to  be  efficacious  and  salutary  for  the 
prisoners  belonging  to  these  classes.  (3)  The  adoption  of  a 
penitentiary  system,  applicable  under  diflferent  degrees  of 
severity,  to—  (a)  Correctional  convicts  sentenced  to  a  punish- 
ment of  two  years  and  over;  {h)  Eeclusionaries ;  (c)  Persons 
sentenced  to  hard  labour.  A  large  number  of  publicists  and 
specialists  recommend,  for  punishments  of  a  long  duration, 
and  above  all  in  the  case  of  recidivists,  the  adoption,  on  a 
large  scale,  of  the  system  of  transportation,  and  in  all  cases, 
the  progressive  substitution  of  agricultural  for  industrial 
labours.  It  is  important  to  remark,  nevertheless,  that  hitherto 
transportation  has  always  occasioned  excessive  expenses,  and 
that  most  frequently  the  punishment  of  hard  labour,  thus 
applied,  has  a  less  intimidating  effect  upon  criminals  than  an 
imprisonment  of  long  duration  in  the  central  prisons.  The 
agricultural  colonies,  established  in  Corsica,  present  similar 
inconveniencies.  (4)  The  organization  of  patronage  societies, 
to  which  liberated  prisoners  may  have  recourse  on  their  dis- 
charge from  the  penitentiaries. 


GEEMAVT. 

1.  BADEN.  3.  PRUSSIA. 

2.  BAVARIA.  4.  SAXONY. 

5.  WCRTEMBERG. 


THE  GRAJ^D  DUCHY  OF  BADEN. 

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,  a  Council  of  Inspection  for  all  tlie  largest  peniten- 
tiary establishments.  This  council  is  composed  of  an  officer  of 
the  magistracy,  named  by  the  minister,  who  discharges  as 
inspector  the  duties  of  the  President  of  the  Council,  of  the 
superior  officers  of  the  prison,  and  of  three  private  individuals 
named  by  the  minister. 

The  Council  of  Inspection  has  the  following  powers : — (a)  It 
decides  on  the  complaints  of  prisoners,     {b)  On  the  admissi- 


GERMANY.  97 

•bility  of  administrative  proceedings  against  the  inferior  prison 
oflScers  when  such  proceedings  are  beyond  the  cognizance  of 
the  director,  (c)  It  confirms  the  contracts  entered  into  by  the 
administration  for  the  supply  of  the  prison,  (d)  It  gives  the 
necessary  order  if  it  is  desirable  in  any  case  to  substitute  collec- 
tive for  solitary  imprisonment. 

2.  The  prisons  are :     (a)  Houses  of  correction,     {b)  Central 
3)risons.     (c)  District  prisons,     (d)  rortresses. 

Those  sentenced  to  hard  labour  are  placed  in  houses  of  cor- 
rection ;    those  sentenced  to  more  than  six  weeks'  imprison- 
ment are  placed  in  central  prisons;  those  sentenced  to  less  than 
'  six  weeks'  imprisonment  and  to  detention,  are  placed  in  district 
prisons  (conformably  to  sections  14  to  18  of  the  Penal  Code  of 
the  German  Empire).     The  district  prisons  are  also  used  for 
the  temporary  imprisonment  of  accused  persons  during  magis- 
terial proceedings.     There  is  one  prison  of  this  kind  for  each 
of  the  53   district  courts  of  justice.      Number  of  prisoners, 
January   1,  1871 :    In  the  houses  of    correction — ^men,   247, 
women,  66 ;  in  the  central  prisons — men,  374,  women,  67 ;  in  dis- 
trict prisons,  sentenced,  198,  *  accused '  imprisoned  temporarily, 
227.  The  remarks  following  do  not  in  general  refer  to  prisoners 
in  fortresses  whose  number,  moreover,  is  comparatively  small, 
nor  to  those  in  district  prisons.     The  punishment  of  these  two 
x^lasses  of  prisoners  is  simple  privation  of  liberty;  they  are  free 
as  to  the  choice  of  their  food  and  occupation. 

3.  The  punishments  of  hard  labour  and  of  imprisonment  are 
undergone  on  the  cellular  system,  as  is  also  that  of  arrest.  Yet 
solitary  imprisonment  is  not  extended,  contrary  to  the  wish  of 
the  prisoner,  beyond  three  years.  For  prisoners  from  twelve  to 
eighteen  years  of  age,  the  maximum  is  six  months.  Prisoners 
unfit  for  cellular  imprisonment,  and  those  who  object  to  it  be- 
yond the  period  of  three  years,  are  imprisoned  on  the  collective 
system.  Begard  is  paid  to  the  personal  qualifications  of  the 
prisoners  when  they  are  distributed  in  the  work-rooms.  They 
-are  associated  only  during  work. 

4.  The  results  of  the  cellular  system  have  been  favourable, 
but  the  associated  system  hajs  likewise  been  attended  with  good 
results  when  it  has  been  carried  out  on  right  principles.  The 
<^ellular  system  is  preferable  when  the  prisoner  is  fit  for  it,  since 
he  is  preserved  from  the  corrupting  influence  of  the  other 

H 


98  CONDITION  OF  PRISONS. 

prisoners.  He  forms  no  new  evil  companionships,  and  is  more 
open  to  reform  by  the  prison  discipline.  Thus  the  cellular  sys- 
tem permits  such  prisoner  to  be  treated  in  accordance  with  lus 
particular  character.  It,  therefore,  in  this  and  many  other 
ways,  permits  a  more  efficacious  operation  of  the  benevolent 
and  humane  principles  of  the  corrective  system. 

6.  The  prisons  are  supported :  (a)  By  the  payments  of  the 
prisoners  who  have  property.  (These  payments,  however, 
amount  to  very  little).  (6)  By  the  product  of  the  prisoners' 
labour,  or  rather  of  the  trades  carried  on  in  the  prison,  (c)  By 
sub^dies  from  the  State.  That  part  of  the  expense  of  support- 
ing the  prisoners  which  is  gained  by  their  labour  differs  much 
with  the  kind  of  prison,  the  duration  of  punishment,  and  the 
number  of  prisoners  in  each  prison.  However,  the  sum  gained 
by  the  trades  carried  on  in  the  cellular  prison  of  Bruchsal,  has 
sometimes  sufficed  to  pay  the  whole  expense  of  supporting  the 
prison,  with  the  exception  of  the  salaries  of  the  officers*  The 
average  value  of  the  work  executed  in  this  prison,  drawn  from 
the  results  of  twenty  years,  has  been  50*79  kreuzers  per  head 
per  day,  or  309  florins  48  kreuzers  per  head  per  annum.  It 
is,  moreover,  the  only  prison  in  the  country  in  which  men  are 
placed  who  have  to  undergo  long  sentences.  The  grant  to  it 
from  the  State  has  varied  from  75  to  172  florins  per  bead  per 
annum.  The  average  grant  for  twenty  years  has  been 
132  florins. 

6.  The  superior  officers  are  appointed  by  the  Grand  Duke, 
the  inferior  officers  by  the  Minister  of  Justice.  Their  appoint- 
ment is  for  life. 

7.  Integrity,  devotion,  energy,  calmness,  firmness,  kindness,. 
physical  and  moral  courage,  a  calm  and  brave  spirit.  We  believe 
these  qualities  are  possessed  by  the  superior,  and  by  most  of  the 
inferior  officers. 

8.  Special  schools  for  the  education  of  prison  officers  have 
not  been  established;  their  establishment  cannot  be  recom- 
mended, because  the  work  of  prison  officers  can  only  be  learned 
by  practice. 

9.  The  superior  officers  are  allowed  a  pension  of  four-fifths, 
the  inferior  officers  of  one-half,  of  their  salaries. 

10.  See  Sections  14  to  18,  22  to  26,  31  to  36,  of  the  Penal 
Code  of  the  German  Empire. 


aEKMANY.  99* 

11.  No. 

12.  See  paragraphs  23  and  24  of  the  Penal  Code  of  the- 
German  Empire. 

13.  For  the  performance  of  the  daily  task,  -which  is  equal  to 
the  average  work  of  a  healthy  workman,  the  sum  of  3  kreuzers 
is  placed  to  the  credit  of  each  prisoner.  For  additional  work^ 
this  sum  can  be  increased  to  6  kreuzers  per  day.  Towards  this- 
sum  diligence  and  the  result  of  efficient  work  alone  count,  good 
conduct  is  not  considered. 

14.  Prisoners  can  obtain  encouragements  and  rewards  for 
special  diligence  and  good  conduct,  viz. :  (a)  Gratuities  in 
money  up  to  five  florins  per  year,  taken  from  the  interest  of  their 
share  of  the  produce  of  thei]:^Jk£^pr>^)  Special  enjoyments 
granted  by  the  director  and/p^d  for  <^j?Nof  the  sum  produced 
by  work  (bread,  milk,  fruif,  ealafl^'W^  &c.)     (c)  Better 

.  nourishment,  and  such  occvioi^igl^  School  prizea 

are  also  distributed.  \  '  «►  V/ 

15.  Forbidden  communicatuhuLSOlJ^K^ther  prisoners. 

16.  The  punishments  are :  Beprimands,  privation  of  the 
advantages  allowed  by  the  regulations,  solitary  confinement^ 
privation  of  bed,  diminution  of  nourishment  (bread,  soup,, 
water),  solitary  confinement  in  darkness,  and  coercive  chair  (the 
prisoner  is  bound  to  a  solid  chair). 

17.  Yes. 

18.  Yes. 

19.  The  chaplains  have  the  following  duties :  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 
correspond  with  the  ministers  of  their  abode ;  this  correspond- 
ence gives  moral  protection  to  the  prisoners  after  their  libera- 
tion. The  chaplains  are  bound  to  give  particular  attention  to- 
sick  prisoners,  to  those  depressed  in  spirit,  or  showing  any 
tendency  to  insanity.  They  visit  the  sick  weekly,  and  the  other 
prisoners  at  least  every  fortnight.  It  is  their  duty  at  these 
visits  to  awaken,  as  far  as  possible,  moral  and  religious  feelings 
and  to  further  their  reformation. 

20.  The  highest  importance  always. 

21.  No;  besides  the  prison  officers,  only  the  individual  mem- 
bers of  the  council  of  inspection  have  access  to  the  prisoners* 

H  2 


dOO  CONDITION  OF  PRISONS. 

22.  No. 

23.  Once  a  month ;  with  the  permission  of  the  director  more 
frequently.  The  letters  are  read  by  the  director  and  the  chap- 
lain ;  they  are  only  sent  to  their  address  when  their  contents  are 
imobjectionable.  Correspondence  with  the  inspectors,  the 
minister  of  justice,  and  the  superior  courts,  is  unrestricted. 

24.  The  effect  of  the  correspondence  of  the  prisoners  with 
their  friends  depends  on  circumstances.  Its  absolute  suppres- 
sion could  not  be  justified,  and  would  have  bad  results ;  while, 
on  the  contrary,  such  correspondence  alone  being  allowed  as 
in  no  way  interferes  with  the  punishment,  has  generally  a  bene- 
ficial influence  on  the  prisoners. 

25.  Once  a  month ;  with  the  permission  of  the  director  more 
frequently. 

26.  These  visits  take  place  in  presence  of  a  prison  officer,  and 
under  his  observation.  Visitor  and  prisoner  remain  separated, 
and  the  subject  of  their  mutual  conversation  is  controlled. 

27.  See  the  answer  to  question  24. 

28.  Ninety-six  per  cent. 

29.  Yes. 

30.  Men  are  obliged  to  attend  school  till  35  years  old ;  women 
.till  30.     Prisoners  of  a  greater  age  are  allowed  to  go  to  school, 
when  they  wish  to  do  so,  if  there  is  room  for  them,  and  if  they 
are  likely  to  benefit  by  the  instruction. 

31.  The  subjects  of  instruction  are  the  same  as  those  in  good 
♦primary  schools.  With  few  exceptions,  they  make  satisfiactoiy 
progress,  if  their  mental  power  is  not  deficient  or  the  duration 
of  their  imprisonment,  and  consequently  of  their  instruction,  is 
not  too  short. 

32.  Yes.  Every  prison  possesses  a  good  library  for  the 
prisoners.  The  books  in  it  are  religious,  edifying,  instructive, 
and  amusing ;  for  example,  books  on  natural  science,  technical 
And  historical  works. 

33.  Prisoners,  particularly  those  under  the  cellular  system, 
are  very  fond  of  reading  when  their  ability  and  education 
-enable  them  to  do  it.  Prisoners  with  religious  feelings  un- 
satisfied, desire  religious  and  edifying  books.  All  books  written 
expressly  for  prisoners  are  in  little  request.  Educated  prisoners 
prefer  descriptions  of  voyages,  biographies,  and  technical  books ; 
those  less  educated  prefer  tales.     Good  and  suitable  reading 


GERMANY.  10  f 

always  exercises  a  beneficial  influence ;  it  instructs  and  relaxes 
the  prisoners'  minds,  and  thus  aids  their  reformation ;  it  favour? 
discipline  by  removing  the  feeling  of  ennui  and  the  tendency  to 
disorder. 

34.  The  prisons  are  very  healthy ;  they  are  built  on  a  dry 
soil,  but  there  is  no  special  system  of  sewerage. 

35.  The  quantity  of  water  used  is  very  variable,  according  as 
the  washing  is  done  in  or  out  of  the  prison,  and  as  much  or 
little  of  it  is  wanted  in  the  industrial  labour.  The  water  is,- 
however,  good  in  quality  and  sufficient  in  quantity.  In  the 
cellular  prison  of  Bruchsal,  which  is  supplied  with  fresh  spring 
water,  but  in  which  the  washing  is  not  done,  about  a  hecto- 
litre (22  gallons)  is  required  for  each  person  per  day. 

36.  Yes. 

37.  The  cells  and  the  corridors  are  cleaned  at  least  once* 
daily.     Everywhere  scrupulous  attention  is  paid  to  cleanliness ; 
trades  Which  are  not  compatible  with  it  are  not  practised. 

38.  The  prisoners  have  always  water  in  their  cells.     They 
are  compelled  to  wash  all  vessels  immediately  after  using  them. . 
The  floor  of  the  cells  is  washed  at  least  once  every  week.    The 
prisoners  are  forced  to  wash  their  faces  and  hands  daily  ;  they 
have  twelve  foot-baths  and  four  complete  baths  a  year ;  they 
have  clean  linen  every  week ;  their  bed  clothes  and  their  own* 
garments  are  changed  and  cleaned  when  necessary.     The  men 
are  shaved  once  a  week.     Their  hair  is  cut  as  often  as  needful. 
At  the  time  of  admission  into  the  prison,  the  prisoner  is  washed* 
and  has  his  hair  cut. 

39.  They  have  sinks  or  sewers,  as  in  the  old  system.  It  is 
proposed  to  give  them  a  new  and  better  construction.  In  the 
cells  the  portable  system  is  continued. 

40.  Gas. 

41.  The  prisons  are  heated  by  hot  air,  vapour,  or  by  ordinary, 
iron  or  earthenware  stoves. 

42.  Sedge,  straw,  or  varec. 

43.  Each  prisoner  has  a  wooden  or  iron  bed,  a  mattress,  and 
a  bolster  of  varec,  one  or  two  counterpanes,  two  bed  sheets. 
The  sick  have  in  addition,  cushions,  &c. 

44.  Work  lasts  in  summer  (day  workmen) — In  the  mornings 
firom  5.30  a.m.  to  6.30  a.m.,  and  from  7  a.m.  to  12  o'clock.  In 
the  afternoon,  from  1  o'clock  till  7.30  p.m.     In  winter  it  lasts- 


162  CONDITION  OF  PBISONS. 

irom  6  A.M.  to  7  a.m.,  and  from  7.45  a.m.  till  noon.  In  the 
afternoon  from  1  o'clock  till  7.30  p.m.  But  intermptions 
occur  for  attendance  at  drnrch,  at  school,  and  for  walking 
exercise  in  the  court.  These  interruptions  reduce  the  working 
•day  to  10  hours.  The  time  for  sleep  is  from  8  to  5  in  summer, 
-and  to  6  in  winter. 

The  remaining  time  is  for  meals  and  for  recreation. 

45.  Sick  prisoners  are  attended  to  in  special  cells  or  in  siok- 
rooms,  when  the  sickness  is  not  of  short  duration,  and  renders 
them  unfit  for  work.  There  is  also  an  infirmary  for  those  who 
«uflFer  either  physically  or  mentally. 

46.  Gustric  diseases,  scrofula,  and  their  consequences. 

47.  About  five  per  cent,  of  the  average  number  of  prisoners. 

48.  About  one  or  two  per  cent,  of  the  whole  number  of 
prisoners. 

49.  There  is  no  labour  merely  penal. 

50.  51,  52.  Nil. 

53.  The  industrial  work  is  directed  by  the  administration 
itself. 

54.  The  industrial  system  is  preferred,  because  it  enables  us 
to  observe  the  state  of  each  individual  prisoner,  and  to  exclude 
all  extraneous  elements  prejudicial  to  discipline.  This  system 
demands  an  intelligent  director.  There  must  be  vaaiety  in  the 
trades  exercised,  that  too  many  prisoners  may  not  be  occupied 
in  one  trade,  and  so  be  injurious  to  private  industry.  An  effort 
should  be  made  to  get  an  extensive  market,  and  the  highest 
possible  prices. 

55.  Nil. 

56.  Forty  per  cent,  are  ignorant  of  a  trade  on  entry. 

57.  Yes ;  if  they  have  ability,  and  are  in  prison  long  enougli. 

58.  Yes.  This  is  deemed  the  principal  work.  This  result  is 
arrived  at  by  improving  the  prisoner's  morals,  by  scholastic  and 
industi'ial  instruction,  and  by  the  whole  prison  treatment. 

59.  No. 

60.  20  per  cent,  of  those  liberated. 

61.  No.  The  penal  law  threatens  recidivists  with  long  im- 
prisonment. 

62.  No. 

63.  Thirst  for  pleasure. — 1  St.  John  ii.  16. 

64.  About  85  per  cent,  of  men ;  about  15  per  cent.  <rf 
women. 


GERALiNY.  103 

65.  Punishment  is  the  primary  aim,  but  it  is  so  inflicted  as 
to  contribute  to  the  reformation  of  the  prisoners.  Also  see 
paragraphs  23  to  26  of  the  Penal  Code  of  the  German  Empire. 

66.  Those  who  leave  the  prison  are  generally  better  than 
when  they  entered  it ;  this  is  especially  the  case  with  those 
who  have  undergone  cellular  imprisonment. 

67.  The  directors  of  the  penitentiary  establishments  are 
compelled  to  enter,  for  this  purpose,  into  correspondence  with 
the  authorities  of  the  political  administration  some  time  before 
the  liberation  of  each  prisoner ;  it  is  the  duty  of  these  autho- 
rities to  unite  with  the  prisoners'  aid  societies  and  with  the 
local  authorities  in  providing  for  the  liberated  prisoners.  This 
measure  is  only  of  recent  date,  and  few  of  its  results  have 
been  observed. 

68.  Prisoners'  aid  societies  exist  in  twenty-one  out  of  fifty- 
nine  districts.  Their  aid  is  seldom  solicited.  The  results  are, 
however,  satisfactory. 

69  (a)  The  quantity  and  quality  of  the  food  are  very  good. 
Yet  in  certain  cases  an  addition  can  well  be  made  to  the 
regular  quantity. 

(6)  We  are  satisfied  with  the  penitentiary  system  of  our 
country,  particularly  as  the  cellular  system  is  as  a  rule  adopted. 
Strictly  to  carry  out  and  complete  this  system,  an  additional 
establishment  is  necessary.  The  construction  of  it  now  en- 
gages our  attention. 

BAVARIA. 

1.  All  the  prisons  of  the  country  are  under  the  jurisdiction 
of  the  ministry  of  justice.  The  direction  and  the  inspection 
of  those  prisons  where  imprisonment  of  more  than  three 
months  is  undergone,  are  carried  on  exclusively  by  this  ministry, 
and  without  any  intermediate  authorities;  the  inspection  of 
the  other  prisons  is  made  in  the  first  instance  by  the  court  of 
justice,  and  the  district  attorney  (Staatsanwalt),  in  whose 
district  the  prison  is  situated,  and  in  the  second  instance  by 
the  ministry  of  justice.  For  the  cellular  prison  at  Niimberg 
there  exists  a  special  council  of  inspection,  consisting  of  state 
ofScials,  judges,  district  attorneys,  and  prison  officials,  together 
with  private  persons  belong  to  Niimberg.  Other  local  autho- 
rities have  nothing  to  do  with  the  jurisdiction.     The  monetary 


114  COSDinOS  OF  PKIS05S. 

xBfcZa  %nd  the  anditiiig  of  acconntB  belong  to  tbe  fimmmT 
<ii£^ar3nir*iu3  cf  the  respectire  piOTmce. 

i.  Tbit  cbaaificatzoii  of  prisons  is  as  follows :    (1)  Houses  of 

?  Prisons  tarz  [a]  Grcywn-np  criminals  sentenced  to  a  tenn 
CE£!f*f=tiiEie  three  months ;  (b)  Yonthfbl  prisoners  whose  terms 

|'^Xl!«€1i  one  month. 

7  District  prisons  of  conrts  of  justice  for :  (a)  GiownHsp 
»gr^riah  for  a  term  of  less  than  three  months ;  (h)  Yoathfal 
^risf:>CKTS  for  a  term  of  less  than  one  month. 

4    Police  prisons  for  arrest. 

TL/e  district  prisons  of  conrts  of  justice  are  also  the  places 
wb^iri  xhc^e  persons  are  detained  who  await  their  triaL  The 
ho«=se$  of  correction  and  prisons  are  dirided  into  those  tofr 
ic^Le-  ^rtfi  those  for  female  prisoners.  In  the  other  prisons  the 
rwo  sirx-es  are  placed  in  different  parts  of  the  prison. 

Tot  persons  conricted  of  theft,  fraud  RiirH»j)  obtaining* 
r2.»?C!eT  under  £ilse  pretences,  robbery,  extortion  or  receiring 
stok-n  property,  and  sentenced  to  a  term  exceeding  three 
months,  there  are  special  prisons,  to  which  no  other  prisoners 
are  sent. 

3-  Bararia  has  four  cellular  prisons  :  one  prison  for  -PW  men 
at  XiimbeT;?,  and  three  district  prLS»?ns  of  ojurts  of  justice, 
principsinT  tor  persons  under  trial.  All  other  p'ri3«>ns  are  on 
the  oijEectiTe  systein.  Howerer,  in  moist  prisons  special  cell 
departinenrs  exist  for  purpo^ses  of  isotirioii. 

4-  As  eeHatir  imprisonment  has  only  been  in  existence  for  a 
few  yejiTS,  accurate  data  respecting  its  effect  cannot  yet  be 
giren.  Bat  the  defenders  of  the  system  of  entire  isolation  gain 
more  and  more  supporters,  in  consequence  of  the  eril  results 
*^xperiencevl  &v>m  the  system  of  coUectire  imprisc-nment,  and 
also,  thouirli  to  a  loss  extent«»  frv>m  the  STstem  combined*  collec- 
tire  anvl  is\>lated  iiaprisvmmont, 

-X  The  funds  for  the  supjvrt  of  the  prisons  are  obtained :  (1) 
TWin  the  sole  of  pris^ni  lalvur ;  .-'  frv^ui  the  tines  to  which 
pe^rsons  capable  of  i>avui^  them  are  cv^ndemned :  ^^  should  the 
income  ftv^m  the^^  sources  not  suffice,  the  State  pays  the 
balanvv.  AWut  U^  to  IS  per«||^£f  the  cost  is  coreied^ikfr 
firsts  and  :^  to  Si  per  ceiit«J^^^Bhwd  source. 


GERMJINY.  105- 

King,  the  chaplains,  doctors,  teachers,  steward  and  technical  in- 
structors, by  the  ministry  of  justice,  the  warders  and  clerks  by 
the  governor  of  each  prison.  The  governors  and  administrators 
only  are  appointed  for  life,  but  the  other  officers  also  look 
upon  the  service  as  one  in  which  to  speud  their  lives.  As  a 
rule,  officials  quit  this  service  either  in  the  beginning,  when 
their  inclinations  are  against  this  work,  or  when  it  is  shown 
that  they  have  not  the  necessary  capability,  or  on  their  being 
appointed  to  higher  posts. 

7.  The  governors,  as  well  as  some  of  the  administrators,  must 
have  studied  the  prescribed  subjects  in  philosophy  and  juris- 
prudence, and  have  passed  the  esominations  admitting  them  to 
act  as  judges.  Doctors,  chaplains  and  teachers,  also,  must 
have  finished  the  studies  belonging  to  their  respective  profes- 
sions, and  have  undergone  examinations. 

8.  Special  schools  for  governors  and  officials  do  not  exist  in 
Bavaria.  For  the  former  these  are  not  needed,  as  they  have 
served  many  years  in  prison  service  before  they  receive  their 
appointments,  and  are  fully  acquainted  with  all  matters  con- 
nected with  the  service.  For  warders  and  officials  of  the  same 
class,  however,  such  schools  would  be  desirable,  because  harm 
is  done  by  ignorance  in  the  treatment  of  prisoners,  and  the 
beneficial  influence  of  the  other  officials,  especially  of  the  chap- 
lains and  teachers,  is  weakened. 

9.  Pensions  are  regulated  in  accordance  with  length  of  ser- 
vice. In  the  first  ten  years  it  is  seven-tenths,  in  the  second. 
eight-tenths,  in  the  third  nine-tenths,  and  after  forty  years  of 
service,  or  after  the  ^e  of  seventy  is  reached,  the  whole  of  the 
salary  last  received  is  given  as  pension. 

10.  Arrest  is  simple  deprivation  of  liberty ;  sentences  not 
exceeding  six  weeks  may  be  passed.  Persons  condemned  to 
imprisonment  may  be  employed  in  work  suitable  to  their  capa- 
bility and  circumstances ;  they  may  demand  to  be  thus  em- 
ployed. To  employ  them  in  work  without  the  prison  walls  may 
only  be  done  with  their  own  consent.  This  punishment  may 
extend  to  a  term  of  five  years.     Those  condemned  to  houses  of 

lOorrection  must  do  the  kind  of  work  provided  there.     They  may 
9  he  employed  without  the  prison,  in  public  works,  or  such 
g  as  are  under  the  supervision  of  the  State,  but  they 
I  kept  apart  from  free  labourers.     This  ponishmeut. 


106  CONDITION  OF  PRISONS. 

may  extend  to  a  term  of  fifteen  years  or  to  imprisonment  for 
life. 

11.  The  system  of  classification  of  prisoners  exists  in  Bavaria. 
According  to  the  prison  rules,  however,  the  governors  are  obliged 
to  keep  the  ordinary  prisoners  apart  from  those  who  have  shown 
by  their  past  conduct  that  they  give  little  hope  of  improvement, 
or  who  by  example  and  communication  exert  a  hurtful  influence 
on  others. 

12.  Through  good  and  industrious  conduct,  a  shortening  of 
the  original  term  of  imprisonment  may  take  place  in  the  follow- 
ing manner :  (1)  According  to  the  Penal  Code  of  the  German 
Empire,  by  an  order  from  the  ministry  of  justice,  when  the 
prisoners  have  passed  three-fourths  of  their  sentence  (which 
must  be  at  least  one  year  of  the  punishment  to  which  they  have 
been  sentenced).  (2)  According  to  prison  rules  by  official  peti- 
tions on  the  part  of  the  governors;  such  a  petition  for  the 
release  of  a  prisoner  can  only  be  granted  by  the  King. 

13.  The  prisoners  may  receive  as  a  share  from  the  result  of 
their  work,  from  one  to  four  kreuzers  daily ;  in  giving  this 
share,  regard  is  to  be  had  not  only  to  industry  and  capability, 
but  also  to  good  behaviour. 

14.  Other  rewards  for  the  purpose  of  stimulating  the  pri- 
soners are :  (1)  Permission  to  buy  or  receive  extra  articles  of 
consumption.  (2)  Permission  to  receive  more  frequent  visits 
and  conduct  a  more  extensive  correspondence.  (3)  Formal 
praise  or  recognition  {feierliche  Belohung).  (4)  Receiving  better 
and  more  lucrative  work.  (5)  School  prizes  (presents  of  books). 
(6)  Rewards  for  work  (presents  of  money  up  to  four  florins). 

Extra  articles  of  consumption  permitted  to  be  bought  are : 
bread,  butter,  salt,  milk,  salad,  and  snuff*.  Beer  is  only  per- 
mitted during  harvest  time,  and  to  such  prisoners  as  are  occu- 
pied with  the  bringing  in  of  hay  and  com. 

15.  The  prison  regulations  most  often  offended  against  are 
those  which  arise  out  of  the  intercourse  with  other  prisoners, 
namely :  exchange  of  articles  of  food  and  snuff",  disobedience 
and  brutality,  such  as  opposition  to  officials,  attacking  fellow- 
prisoners,  refusal  to  work,  swearing,  noisiness,  and  quarrelling. 

16.  The  disciplinary  punishments  are — reproof,  non-payment 
for  labour  up  to  four  weeks,  reduction  of  rations  for  a  teriA  of 
from  eight  to  fourteen  days ;  arrest,  with  or  without  work,  to  a 


GE1134AKY.  107 

l^rm  not  exceeding  four  weeks.  In  cases  of  strict  arrest,  the 
prisoner  sleeps  on  bare  boards.  Imprisonment  in  a  dark  cell 
for  a  term  not  exceeding  ten  days ;  wearing  of  irons,  but  in 
such  a  manner  as  not  to  prevent  the  prisoner  from  walking. 
Isolation  may  form  a  part  of  the  disciplinary  punishments. 
•Corporal  punishment  is  strictly  forbidden  by  law. 

17.  Every  punishment  is  entered  iuto  a  book  kept  for  this 
purpose ;  an  extract  from  it  is  added  to  the  documents  furnished 
to  each  prisoner. 

18.  In  the  houses  of  correction  and  prisons  there  are  chaplains 
for  prisoners  belonging  to  the  Christian  religion;  Jews  are  placed 
under  the  care  of  a  rabbi  of  the  neighbourhood.  In  the  district 
and  police  prisons  the  prisoners  are  attended  to  by  the  clergyman 
of  the  place. 

19.  The  duties  of  the  chaplain  are : 

(1)  To  hold  divine  service  in  the  forenoon  of  every  Sunday  and 
Loliday  and  on  the  King's  birthday,  and  in  the  afternoon  to 
give  one  hour's  reading  or  exhortation,  and  to  hold  another 
•divine  service  on  one  week-day.  (2)  To  administer  the  sacra- 
ment to  sick  prisoners  when  they  demand  it ;  to  those  in  health, 
once  every  three  months.  (3)  To  give  religious  instruction 
twice  a  week  for  one  hour.  (4)  To  visit  the  prisoners  confined  in 
-cells  at  least  every  fortnight.  (5)  To  correspond  with  the 
-clergyman  of  the^'places  to  which  the  prisoners  belong.  (6)  To 
act  as  librarian. 

20.  Eeligious  instruction  forms,  for  those  prisoners  who  show 
themselves  willing  to  receive  it,  a  thorough  and  indispensable 
means  for  improvement. 

21.  Volunteer  religious  teachers  are  not  admitted. 

22.  On  Sundays,  instruction  in  drawing  is  given. 

28.  Letters  sent  to  prisoners  are  submitted  to  the  governor 
for  perusal,  and  are  only  given  to  the  prisoners  when 
the  contents  are  unobjectionable;  otherwise  they  are  placed  with 
the  documents  belonging  to  the  prisoners.  Prisoners  require 
permission  to  write  letters.  These  are  read  by  the  governor 
and  forwarded,  or,  if  objected  to  by  him,  placed  with  the  docu- 
ments belonging  to  the  prisoners. 

24.  The  correspondence  of  the  prisoners  with  their  friends 
has  a  beneficial  effect,  because  the  ties  binding  them  to  their 
family,  if  broken,  are  thereby  often  re-knit,  or,  if  existing,  are 
made  firmer. 


108  CONDITION  OF  PRISONS. 

25.  Prisoners  are  allowed  to  receive  visits  £rom  their  Mends. 

26.  An  interview  of  a  prisoner  with  any  one  visiting  him  can 
only  take  place  in  the  presence  of  the  governor  or  an  official 
appointed  by  him.  As  a  rule  it  does  not  last  longer  than  a 
quarter  of  an  hour,  and  the  conversation  should  be  carried  on 
audibly  and  in  a  language  understood  by  the  official.  The  visi- 
tor may  neither  give  nor  receive  anything  £rom  the  prisoner. 

27.  See  answer  to  question  24. 

28.  The  average  number  of  prisoners  who  are  able  to  read 
on  entering  the  prison  forms  88  per  cent,  of  all  admitted. 

29.  Schools  for  prisoners  exist  only  in  the  houses  of  cor- 
rection and  in  the  general  prisons. 

30.  The  school  is  divided  into  six  classes.  Every  prisoner 
up  to  the  age  of  thirty-six  must  attend  school,  and  is  sent  into 
a  class  according  to  the  extent  of  his  knowledge.  Prisoners 
above  thirty-six  years  of  age  may,  if  they  desire  to  do  so,  go  to 
school.  The  governor  may  dispense  with  the  visits  of  a 
prisoner  to  school,  if  the  latter  be  sufficiently  well-educated, 
or  when  the  prisoner's  state  of  mind  is  such  that  after  repeated 
trials  he  shows  himself  altogether  incaj)able  of  learning. 

31.  School  instruction  comprises  reading,  writing,  arith- 
metic, geography,  German  history,  and  generally  useful  sub- 
jects; choral  singing  and  drawing  are  also  taught — ^the  two 
latter  subjects  being  optional.  Prisoners  who  visit  the  school 
for  less  than  four  months  make  no  particular  progress,  whilst 
those  who  have  a  longer  term  make  very  considerable  advance. 

32.  The  library  consists  principally  of  a  religious  and  moral 
chai'acter,  of  books  which  are  generally  useful,  of  popularly 
written  works  on  natural  and  general  history,  etc.,  and  of  popular 
editions  of  German  classics. 

33.  Almost  all  prisoners  in  cells  read  a  great  deal  and  enjoy 
it,  whilst  those  undergoing  collective  imprisonment  prefer  con- 
versation. Eeading  exercises  a  good  influence,  because  it  does 
away  in  a  great  measure  with  the  evil  consequences  arising 
from  idleness,  and  assists  the  prisoner's  improvement  by  the 
cultivation  of  his  mind.  Simple  tales  and  entertaining  books 
are  preferred ;  religious  books  least  of  all. 

34.  A  good  system  of  sewerage  does  not  exist  in  all  prisons 
of  this  country,  but  in  the  newly-built  prisons  great  attention 
has  been  paid  to  the  subject. 


GERMANY.  109 

35.  The  prisoners  receive  three  times  a  day  fresh  water  for 
drinking  and  washing.     As  a  rule  the  water  is  of  good  qaality. 

36.  The  prison-rooms  are  generally  well  ventilated  by 
windows.  Different  systems  of  ventilation  have  been  tried, 
bnt  without  special  success. 

37.  Work-  and  bed-rooms,  as  well  as  corridors,  are  daily 
swept,  washed  once  a  week,  and  painted  once  a  year. 

38.  The  prisoners  must  wash  their  faces  and  hands,  clean 
their  mouths,  and  comb  their  hair  every  morning  on  rising ; 
they  are  shaved  once  a  week,  and  their  hair  is  cut  when  neces- 
sary. Every  prisoner,  according  to  his  occupation,  must  take 
a  foot-bath  every  week  or  fourteen  days,  and  several  times  in 
the  year  a  full  bath,  either  in  running  water  or  in  a  house- 
bath. 

39.  There  are  many  different  kinds  of  water-closets  used. 
In  the  cellular  prison  at  Niimberg  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  reservoir  at  some  distance, 
whence  again  the  liquid  part  is  drained  off  into  a  stream. 
This  arrangement  works  well.  In  some  other  prisons,  how- 
ever, the  arrangements  are  far  fromjperfect,  especially  where 
during  the  night  movable  closets  are  put  into  the  bed-rooms. 

40.  The  prisoners  in  cells  must,  upon  a  given  sign,  and  after 
the  work  is  done,  put  out  their  lights.  There  is  no  light  in 
the  cells  at  night.  The  bed-rooms  in  the  prisons  on  the  collec- 
tive system,  are  lighted  at  night,  so  that  they  may  be  watched 
from  the  warder's  room  close  by. 

41.  Some  prisons  are  heated  by  stoves  of  iron  or  clay,  others 
by  hot  air  or  water. 

42  and  43.  The  prisoners'  beds  consist  of : 

(1)  A  bedstead  of  wood  or  of  iron;  (2)  a  straw  mattress  of 
unbleached  coarse  linen ;  (3)  a  pillow  of  the  same  material ;  (4) 
two  sheets ;  (5)  a  blanket  of  good  sheep's  wool.  In  winter  the 
prisoners  receive  two  of  these. 

44.  The  hours  of  labour  commence  in  the  months  of  Novem- 
ber, December,  January,  and  February,  at  6  o'clock ;  in  the 
other  months,  at  5  o'clock  in  the  morning,  and  last  till  7 


110  CONDITION  OF  PRISONS. 

o'clock  in  tlie  evening.  The  prisoner  must  rise  half  an  hour 
before,  and  wash  and  dress.  They  break£Eist  firom  7  to  7.30 
o'clock ;  at  9  o'clock  there  is  a  quarter  of  an  hour's  rest ;  din- 
ner-honr  from  11  to  12 ;  at  4  o'clock  P.1C.  there  is  again  a 
quarter  of  an  hour's  rest;  at  7  o'clock  is  supper  (soup) ;  rest  till 
8  o'clock;  bed  8.15  p.m.  Every  prisoner  in  good  health  must 
take  daily  one  hour's  exercise  in  the  open  air. 

45.  In  the  houses  of  correction  and  in  the  general  prisons 
there  are  infirmaries,  where  the  sick  prisoners  are  taken  care 
of  according  to  the  doctor's  orders,  and  at  the  expense  of  the 
State.  The  care  of  the  sick  is  entrusted,  under  the  guidance 
of  officials,  to  prisoners  who  have  been  selected  by  the  go- 
vernor with  the  approval  of  the  doctor.  If  there  are  no  pri- 
soners fit  for  this  duty,  the  sick  are  tended  by  nurses. 

46.  The  most  frequent  diseases  of  prisoners  are  those  belong- 
ing to  the  respiratory  and  digestive  organs ;  to  the  first  belong 
catarrhs  of  the  bronchial  pituitous  tunic,  which  often  precede 
disease  of  the  lungs ;  to  the  latter  catarrhs  of  the  pituitons 
tunic  of  the  stomach  and  the  intestines. 

47.  The  number  of  the  sick  is  about  4  per  cent. 

48.  The  number  of  deaths  is  about  2  per  cent. 

49  to  52.  Penal  labour,  properly  so  called,  does  not  exist. 
The  question  relating  thereto  cannot  therefore  be  answered. 

53.  The  industrial  labour  in  the  prisons  is  conducted  by  the 
administrations. 

54.  When  prison  labour  is  given  to  contractors,  another 
authority  is  placed  between  the  administration  and  the  prisoner,, 
which  cares  only  for  making  the  greatest  profit  out  of  the  pri- 
soner's work.  Not  only  is  discipline  thereby  interfered  with, 
but  the  character  of  the  punishment  and  its  purpose  is  placed 
in  jeopardy.  Prom  the  disciplinary  and  penitentiary  point  of 
view,  the  giving  of  prison  labour  to  contractors  is  to  be  con- 
demned, even  though  the  profit  derived  therefrom  be  greater 
than  if  the  administration  carries  it  on. 

55.  See  previous  answer. 

56.  The  number  of  prisoners  who  on  entering  prison  are 
ignorant  of  any  trade,  averages  2*9  per  cent. 

57.  Persons  ignorant  of  any  trade  are  only  capable  of  learn- 
ing one  in  prison  when  they  are  condemned  to  a  lengthened 
term  of  imprisonment,  at  least  to  six  months. 


GERMANY.  Ill 

58.  The  administration  try  to  educate  prisoners,  who  have- 
the  necessary  capabilities,  by  having  them  taught  a  trade  by 
technical  instructors,  in  such  a  manner  that  they  shall  be  able- 
to  earn  their  living  at  it  on  leaving  the  prison.  But  on  account 
of  the  small  number  of  such  masters  at  the  disposition  of  th^ 
administration,  only  a  small  portion  of  prisoners  can  thus  be 
educated. 

59.  Too  frequent  punishments  for  minor  offences  have  no 
good  influence ;  either  the  prisoners  become  embittered,  or  the 
punishments,  on  account  of  their  frequency,  lose  their  efiTect. 
More  can  be  done  in  these  cases  by  reproof  and  teaching  than 
by  way  of  punishment. 

60.  The  proportion  of  re-convictions  amounts  to  about  30  per 
cent.  It  must,  however,  be  observed  that  every  kind  of  punish- 
ment, even  for  small  offences,  counts  as  a  re-conviction. 

61.  Both  prisoners  who  have  relapsed  into  crime  and  those 
who  have  not  are  treated  alike ;  only  the  first,  on  account  of 
their  bad  influence,  should  be  separated  from  the  last.  Accord- 
ing to  the  Penal  Codft  re-conviction  for  theft,  robbery,  and  con- 
cealing stolen  goods  is  very  heavily  punished. 

62.  In  the  rare  instances  of  imprisonment  for  debt  the 
prisoners  are  sent  to  the  district  prisons  of  the  Court  of  Justice, 
and  the  treatment  of  such  prisoners  is  milder  than  that  of  other 
prisoners.  It  is  a  mere  arrest ;  they  have  abnost  unrestricted 
liberty  as  regards  correspondence  and  the  receiving  of  visitors ; 
iheir  food  also  is  better,  and  they  are  separated  from  other 
prisoners. 

68.  As  catises  of  crime  in  Bavaria  we  may  mention  BpeciaUy : 
(1)  Want  of  religious  teaching.  (2)  Defective  education.  Ac- 
cording to  a  law  that  existed  up  to  the  year  1868,  marriage 
between  persons  who  possessed  no  landed  property  was  exceed- 
ingly difficult,  and,  in  consequence,  illegitimate  births  were 
very  numerous.  As  a  result  of  the  want  of  the  beneficial  influ- 
ence which  a  family  life  exercises,  illegitimate  bom  form  a 
considerable  proportion  of  all  prisoners.  (3)  Neglected  educa- 
tion, especially  in  those  parts  where  children  are  employed 
in  the  guarding  of  cattle  or  in  working  in  manufactories. 
(4)  Eough  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 


112  CONDITION  OF  PRISONS, 

on  Sundays  and  holldajs  the  smallest  cause  often  leads  them  to 
inflict  on  eax5h  other  severe  injuries. 

64.  Eighty  per  cent,  of  all  prisoners  are  male  and  twenty  per 
cent,  are  females. 

65.  Although  reformation  forms  a  part  of  the  prison  sys- 
tem, yet  the  favourable  results  desired  are  on  the  whole  not 
obtained. 

66.  As  a  rule  prisoners  do  not  leave  the  prison  much  im- 
proved, although  it  cannot  be  asserted  that  they  are  worse  than 
at  the  time  of  their  entrance. 

67.  To  procure  work  for  those  liberated  prisoners  who  are 
considered  as  improved,  the  administration  puts  itself  into  com- 
munication, while  the  prisoner  is  still  under  their  care,  with 
honest  employers,  with  benevolent  societies,  with  the  parish 
vestries,  or  other  authorities.  The  prisoner  receives  on  his 
dismissal,  if  necessary,  clothes  and  travelling  expenses  from  the 
funds  of  the  prison.  By  these  means  prisoners  are  often  pre- 
served fix)m  relapse. 

68.  In,  every  province  of  the  country*  there  exist  liberated 
prisoners'  aid  societies ;  these  are,  however,  much  hampered  in 
their  activity  by  ignorance,  and  the  little  interest  which  exists 
in  the  mind  of  the  public  in  many  places  respecting  their 
objects.  But  it  may  be  mentioned  that  the  Munich  Society, 
which  has  existed  for  eleven  years,  has  found  employment  for 
1,182  discharged  prisoners,  of  whom  377  have  relapsed  again, 
-whilst  805  conduct  themselves  well,  and  may  be  considered  as 
reformed.  The  objects  of  these  societies  are,  to  receive  into  a 
refuge  those  who  are  homeless,  to  try  to  procure  them  work, 
to  give  help,  more  especially  in  the  shape  of  tools,  and  to  watch 
carefully  the  conduct  of  each  discharged  prisoner. 

69.  Prisoners  in  health  receive  three  times  a  day  warm  food 
(soup  with  rice  or  barley,  potatoes,  pulse  or  flour),  and 
560  grammes  of  rye  bread.  Besides  this,  every  two  or  three 
days,  140  grammes  of  beef  free  from  bone.  The  rations  for 
the  sick  depend  upon  the  orders  of  the  doctor.  The  food  is 
good  in  quality  and  sufficient  in  quantity. 

70.  The  system  of  collective  imprisonment  which  exists  in 
most  of  our  prisons  cannot  be  considered  as  satisfactory,  the 
more  so  as  most  of  our  prisons  are  old  castles  or  convents,  which 
are  not  well  adapted  for  the  purposes  they  are  used  for.     Old 


GERMANY.  118 

offenders  take  the  lead,  and  the  bad  spirit  which,  under  the  ex- 
isting defective  arrangements,  may  indeed  be  fought  against  but 
not  eradicated,  often  brings  to  nought  the  best  efforts  of  the 
prison  officials,  and  is  opposed  to  a  lasting  improvement  of  the 
prisoners.  One  ought  to  be  satisfied  when  prisoners  do  not 
leave  their  prisons  worse  than  when  they  entered  them.  These 
defects  can  only  be  remedied  by  building  new  prisons  on  the 
cellular  system. 

Petersen, 

(K.  Staatsanwalt). 

PRUSSIA. 

1.  All  the  Prussian  prisons  are  under  a  central  authority. 
The  local  prisons,  used  exclusively  for  preventive  imprisonment 
and  for  short  punishments,  are  under  the  minister  of  justice ; 
the  large  penitentiary  establishments  or  central  prisons  are 
under  the  minister  of  the  interior.  In  Rhenish  Prussia,  con- 
formably to  the  decrees  of  the  criminal  code  still  in  operation 
for  that  part  of  the  State,  the  local  prisons  are  under  the 
minister  of  the  interior.  The  replies  which  follow  have  ex- 
clusive reference  to  the  department  of  this  last  minister. 

The  powers  exercised  directly  by  him  are :  The  regulation 
of  the  financial  condition  and  of  the  general  principles  govern- 
ing the  economic  admuiistration  of  every  prison,  the  treatment 
of  the  prisoners  as  regards  discipline,  religious  worship,  in- 
struction, work,  dress,  and  food.  He  nominates  all  the  superior 
officers,  and  authorises  new  buildings  and  all  alterations  for 
which  the  sums  voted  to  each  prison  by  the  usual  budget  are 
insufficient.  Finally  he  exercises  a  general  control  over  all 
prisons,  by  charging  a  special  officer  with  their  periodical 
inspection,  and  by  deciding  in  the  last  instance  on  all  com- 
plaints made  by  prisoners  or  officers. 

All  other  authority  for  the  management  of  prisons  belongs 
to  the  administrative  authorities  of  the  provinces ;  they  have 
particularly  to  direct  the  application  of  the  money  granted 
to  each  prison,  to  control  the  economic  and  industrial  arrange- 
ments, decide  on  the  mode  of  treating  the  prisoners,  and  on 
the  conduct  of  the  officers.  For  these  purposes  every  prison  is 
inspected  by  members  delegated  from  the  provincial  authorities, 
at  intervals  not  exceeding  a  few  months. 


114  CONDITION  OF  PRISONS. 

2.  The  tribunals,  in  accordance  with  the  penal  code  of  the 
German  Empire,  can  inflict — hard  labour ;  imprisonment ;  im- 
prisonment in  a  fortress ;  simple  detention.  The  last  applies 
only  to  trifling  infractions  of  the  law,  and  does  not  last  above 
six  weeks.  There  is  no  special  prison  for  those  sentenced  to 
undergo  imprisonment  in  a  fortress ;  when  the  case  occurs  the 
punishment  is  undergone  in  a  place  appointed  for  this  purpose 
in  an  ancient  fortress.  However,  prisoners  sentenced  to  hard 
labour,  to  imprisonment,  or  simple  detention,  are  on  principle 
placed  in  special  prisons.  Where  from  exceptional  circum- 
stances, only  one  prison  can  be  used  for  those  undergoing  the 
different  kinds  of  punishment,  the  separation  of  the  various 
classes  of  prisoners  is  less  complete. 

At  the  present  time  there  exist :  (1)  Prisons  exclusively  for 
hard  labour,  29.  (2)  Prisons  for  imprisonment  and  simple  de- 
tention, 15.  (3)  Prisons  of  a  mixed  character,  11.  By  order 
of  the  administrative  .authorities,  persons  sentenced  to  simple 
detention  for  slight  offences  (begging,  vagrancy,  professional 
prostitution)  may,  after  they  have  undergone  their  punish- 
ment, be  deprived  of  further  liberty  by  detaining  them  in  a 
house  of  correction  {Arbeitshausy  workhouse).  The  number  of 
establishments  of  this  kind  is  sixteen.  They  are  maintained 
by  the  provinces  and  not  by  the  State. 

3.  The  Prussian  prisons  will  hold  26,500  prisoners.  Forty- 
seven  prisons  are  provided  with  cells  for  solitary  imprisonment 
by  day  and  night.     The  number  of  these  cells  is  3,247. 

There  is  only  one  prison  which  is  exclusively  reserved  for  the 
complete  carrying  out  of  the  system  of  isolation ;  in  the  other 
forty-six  prisons  the  cellular  and  associated  systems  both  exist. 
The  cells  for  isolation  during  the  night  only  number  2,000 ; 
this  number  is  doubtless  insufficient,  but  it  is  being  daily 
augmented. 

4.  We  cannot  feel  absolutely  certain  that  the  application  of 
the  two  systems  to  criminals  who  have  been  long  addicted  to 
vice,  has  sensibly  differed  in  result  as  to  their  reformation. 
After  remarkable  experiments  in  Prussia,  everything  being 
taken  into  account,  there  is  no  reason  to  conclude  th^t  the 
number  of  recidivists  has  been  lessened  by  the  cellular  treat- 
ment. Yet  these  experiments  show  some  examples  of  the  lasting 
reformation,  even  of  hardened  criminals,  by  cellular  imprison- 


GERMANY.  115 

ment ;  and  it  may  be  doubted  whether  this  reformation  would 
have  been  effected  by  imprisonment  in  common.  The  reform- 
ing influence  of  the  cellular  system  and  its  superiority  over  the 
associated  system,  can  only  be  demonstrated  with  certainty  in 
regard  to  criminals  who,  excited  by  opportunity,  or  carried 
away  by  passion,  have  fallen  into  crime.  It  is  indisputable, 
that  a  large  proportion  of  criminals  of  this  class,  after  under- 
going cellular  imprisonment,  are  restored  to  society  completely 
changed  and  reformed. 

We  can  reply  with  much  more  certainty  to  the  proposed 
questions,  if  we  limit  ourselves  to  the  influence  exercised  by  the 
two  systems  on  the  state  of  the  prisoners  during  imprisonment. 
In  this  respect  we  can  establish  the  fact,  that  the  system  of 
isolation  as  i}ractised  in  Prussia,  that  is,  by  completely  separat- 
ing the  prisoners,  and  at  the  same  time  submitting  them  con- 
tinuously to  work  adapted  to  their  capacity,  to  instruction, 
religious  worship,  selected  readings,  and  regular  visits  from  the 
oflScers,  chaplains,  surgeons,  and  professors,  has  produced  more 
favourable  results  than  the  associated  system,  both  as  regards 
the  mental  and  physical  condition  of  the  prisoners,  their  obedi- 
ence to  disciplinary  rules,  and  the  produce  of  their  labour. 

We  should  add,  that  in  Prussia  we  have  had  no  evidence  of 
the  inconveniences  and  evils  which  the  opponents  of  the  cellular 
system  say  are  inseparable  from  it.  Very  rarely,  and  now  more 
and  more  seldom,  do  we  find  among  isolated  prisoners  any  of  those 
sad  phenomena  called  distress  of  mind,  aberration  of  intellect, 
suicide,  physical  decay,  unnatural  crimes,  idleness,  and  rebel- 
lion. Their  sanitary  state  is  relatively  good,  and  we  seldom 
observe  that  brutal  expression  which  so  often  marks  the  cri- 
minal countenance.  They  generally  like  work,  give  more  atten- 
tion to  instruction  and  sermons,  and  enter  more  freely  into 
conversation  with  visitors  than  the  other  prisoners.  Breaches 
of  discipline,  with  the  consequent  punishment,  are  comparatively 
rare  among  isolated  prisoners.  We  have  had  no  serious  offence 
to  register  for  some  years. 

It  is  obvious  that  this  favourable  judgment  is  only  based  on 
experiments  carried  on  in  prisons  in  which  the  cellular  system 
is  exclusively  applied,  or  in  which  it  is  aj^plied  to  a  considerable 
number  of  prisoners,  and  where  there  are  exact  arrangements 
for  penitentiary  education.     In  prisons  where  there  are  too  few 

I  2 


116  CONDITION  OF  PRISONS. 

cells,  and  scarcely  enough  for  persons  who  for  disciplinary  or 
police  reasons  cannot  be  placed  in  the  common  prison,  we 
naturally  expect  very  diflferent  results,  which  ought  not  to  be 
attributed  to  the  penitentiary  system  itself.  As  to  collective 
imprisonment  conjoined  with  a  proliibition  of  conversation  on 
the  part  of  the  prisoners  without  their  separation  at  night,  and 
where  about  as  much  attention  is  given  to  instruction  and 
religious  consolation  as  in  the  cellular  system,  we  would  not 
assert  that  this  mode  of  imprisonment  has  had  a  bad  influence 
on  the  general  condition  of  the  prisoners.  Even  in  prisons 
where  the  associated  system  prevails,  we  do  not  find  an  un- 
satisfactory proportion  of  cases  of  sickness  and  death;  and, 
moreover,  in  many  instances  the  discipline  is  excellent,  and  the 
industry  remarkable.  Yet  to  secure  such  discipline  and  industry 
numerous  disciplinary  punishments  are,  as  a  general  rule,  in- 
dispensable. Their  effect  too  often  is  to  embitter  the  minds  of 
the  prisoners  and  to  close  them  to  renovating  and  reforming 
influences.  Moreover,  it  is  a  well-known  fa<;t  that  the  most 
vigilant  direction  on  the  associated  system  rarely  uproots  con- 
federacies among  the  prisoners,  or  prevents  those  immoral  rela- 
tions which  are  a  sad  stain  on  these  establishments.  After  our 
experiments,  we  can  state  positively  that  no  classification  of 
prisoners  can  provide  a  remedy  for  such  evils.  Besides,  the 
great  number  of  prisoners  in  a  collective  prison  hinders  the 
directors  from  gaining  that  accurate  knowledge  of  individuals 
which  an  efficient  classification  demands. 

Which  system  we  prefer,  and  on  what  grounds,  has  been 
shown  by  the  preceding  remarks.  Nor  need  we  make  use  of 
the  favourable  testimony  which  has  been  given  to  the  cellular 
system,  to  induce  us  to  introduce  it  as  the  only  system  of 
imprisonment.  We  can  truly  say,  that  a  large  number  of  those 
imprisoned — such  as  epileptics,  the  infirm,  the  insane  on  admis- 
sion or  after  reclusion,  cannot,  for  obvious  reasons,  be  subjected 
to  cellular  treatment.  It  is  also  very  doubtful  whether  it  can 
be  applied  in  unusually  long  sentences  without  injury  to  the 
prisoner. 

Finally,  without  considering  various  other  difficulties,  the 
exclusive  adoption  of  the  cellular  system  is  opposed  by  the 
favourable  results  which  have  attended  in  several  European 
states  the  application  of  what  is  called  the  ^  prog^ssive  syBtem/ 


GERMANY.  117 

an  ingenious  combination  of  the  cellular  and  associated  systems, 
and  which  allows  an  intermediate  state  between  imprisonment 
and  liberty  and  leave  in  case  of  good  conduct.  If  it  is  asked 
how  the  results  of  these  experiments  can  be  profitably  used  in 
Prussia,  we  must  state  that  at  present  we  are  seriously  engaged 
in  the  solution  of  the  question. 

5.  The  money  of  the  State  covers  any  deficit  between  the 
actual  expense,  and  the  income,  of  the  prison  from  industrial  or 
agricultural  labour,  and  the  sums  paid  by  prisoners  possessing 
property.  The  mean  annual  cost  per  prisoner  is  83  thalers ; 
the  mean  annual  receipts  of  all  kinds  of  prisons  is  28  thalers  ; 
net  product  of  labour,  25  thalers ;  of  pensions,  3  thalers.  De- 
ficit paid  by  the  State  per  head  per  year,  65  thalers. 

6.  The  minister  appoints  the  directors  and  superior  ofiScers; 
the  subaltern  officers  are  appointed  by  the  provincial  authorities. 
The  superior  officers,  after  a  certain  period  on  trial,  are  appointed 
for  life.  The  subalterns  are  liable  to  dismissal :  yet,  after  some 
years  of  blameless  conduct,  they  also  are  appointed  for  life. 

7.  Besides  personal  integrity,  sufficient  general  and  special 
knowledge,  directors  and  superior  officers  should  be  gifted  with 
true  and  keen  observation,  a  delicate  discernment  of  indi- 
vidual character,  and  ability  to  read  the  secret  thoughts  of 
prisoners.  They  should  also  be  energetic  and  strict,  and  yet 
kind  and  entirely  impartial.  Finally,  they  should  possess  some 
administrative  capacity,  and  be,  to  a  certain  extent,  familiar 
%vith  the  technical  part  of  the  trades,  and  have  some  knowledge 
of  farming. 

As  regards  the  subalterns,  good  directors  will  make  them 
useful  officers  if  they  possess  thorough  honesty,  imperturbable 
coolness,  unshakable  firmness  mixed  with  gentleness,  and  a 
sufficient  amount  of  intelligence  and  of  moral  and  religious 
insti'uction.  In  selecting  officers  we  give  preference  to  retired 
soldiers. 

8.  No  special  training  schools  exist.  The  establishment  of 
such  schools  for  superior  officers  seems  unnecessary  if  they 
possess,  when  they  enter  on  their  duties,  sufficient  education. 
They  are  able  by  diligent  study  of  law  and  books  on  prison  man- 
agement, easily  to  acquire,  while  discharging  their  duties,  the 
requisite  special  knowledge.  However,  it  is  very  desirable  that 
such  schools  should  be  established  for  the  inferior  officers,  whose 


118  COKDITION  OF  PRISONS. 

instraction  gained  at  a  primary  school  is  seldom  wide  enough 
to  enable  them  to  perfect  their  knowledge  afterwards  sufficiently 
to  do  anything  beyond  routine  work. 

9.  Officers  rendered  incapable  of  further  service  receive  a 
pension,  whose  amount  is  regulated  by  the  laws  regarding  the 
retiring  allowances  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. 

10.  Punishments  inflicted  by  virtue  of  the  penal  code  are 
distinguished  as  follows : 

(a)  The  most  severe  punishment  is  hard  labour,  which  is  in- 
flicted for  life  or  for  a  time.  The  minimum  of  this  punishment  is 
a  year ;  the  maximum,  fifteen  years.  It  inflicts  on  the  sentenced 
prisoner  compulsory  labour  without  restriction,  both  inside  and 
outside  the  prison.  It  also  renders  him  incapable  of  serving  in 
the  army  or  the  navy  of  the  empire,  or  in  any  public  office. 

(6)  Imprisonment.  The  maximum  is  five  years.  A  prisoner 
in  this  category  is  not  compelled  to  work  except  in  accordance 
with  his  capacity  and  the  position  he  occupied  in  social  life;  and 
he  is  not  obliged  to  work  outside  the  prison  against  his  will. 

(c)  Imprisonment  in  a  fortress  for  life,  or  for  a  fixed  period, 
whose  maximum  is  fifteen]  years.  This  punishment  comprises 
simple  privation  of  liberty  and  surveillance  over  the  occupation 
and  mode  of  life  of  the  prisoner  (cusiodia  honesta). 

The  execution  of  this  sentence  only  takes  place  in  fortresses 
or  in  other  isolated  localities. 

(d)  Detention  for  trifling  offences.  This  punishment,  which 
never  exceeds  six  weeks,  is  attended  with  simple  privation  of 
libei*ty ;  it  can,  however,  be  increased  in  severity  by  compulsory 
labour  when  it  is  inflicted  for  vagrancy,  begging,  or  professional 
prostitution.  Those  sentenced  in  this  category,  unlike  those 
in  (6),  can  be  forced  to  work  outside  the  prison. 

The  minimum  of  imprisonment,  of  imprisonment  in  a  fortress, 
or  of  simple  detention,  is  one  day.  To  every  sentence  to  hard 
labour  the  judge  can  add  civil  degradation ;  but  to  a  sentence 
of  imprisonment,  he  can  add  it  only  in  case  the  imprisonment 
is  for  three  months,  and  the  law  expressly  allows  the  privation 
of  civil  rights,  or  in  cases  where  mitigating  circumstances  have 
induced  the  tribunal  to  inflict  imprisonn\ent  instead  of  liard 


GERMANY.  119 

labour.  Those  sentenced  to  imprisonment  in  fortresses^  or  to 
simple  arrest,  cannot  have  their  punishment  aggravated  by  the 
loss  of  civil  rights.  The  punishment  of  hard  labour,  and  of 
imprisonment,  can  be  shortened  in  all  cases  where  the  duration 
is  at  least  sixteen  months;  but  in  cases  of  imprisonment  in  a 
fortress,  or  of  simple  arrest,  royal  clemency  alone  can  abridge 
the  punishment. 

11.  The  regulations  order  that  prisoners  undergoing  their 
first  sentence,  and  recidivists,  should  form  two  separate  classes, 
wherever  the  prisons  admit  this  division.  Chiefly,  however, 
in  large  prisons  on  the  collective  system,  this  separation  is 
attended  by  many  difficulties.  In  such  cases  little  attention  is 
paid  to  classification.  Further,  the  chief  classification  adopted 
is  the  separation  of  the  young  from  the  older  prisoners.  This 
separation  is  effected  by  placing  the  young,  as  far  as  possible, 
in  unoccupied  cells. 

1 2.  Prisoners  sentenced  to  hard  labour  and  to  imprisonment, 
by  the  penal  code  of  the  German  Empire,  can  be  liberated  with 
liability  to  re-imprisonment,  if  three-fourths  (a  year  being  a 
minimum)  of  their  sentence  has  been  undergone,  and  if  their 
conduct  during  that  period  has  been  irreproachable.  The 
minister  of  justice,  having  heard  the  report  of  the  administra- 
tion of  the  prison,  orders  this  provisional  liberation.  The 
favour  is  revoked  if  the  released  prisoner  is  guilty  of  bad  con- 
duct, or  breaks  the  rules  imposed  on  him  to  enable  the  police 
to  exercise  surveillance  over  his  conduct.  The  punishment  is 
regarded  as  entirely  undergone  when  the  time  of  provisional 
liberation  passes  away  without  revocation.  But  in  case  the 
provisional  release  is  revoked,  the  time  the  prisoner  has  been  at 
large  is  not  reckoned  in  his  favour.  Other  reductions  of  punish- 
ment can  only  be  obtained  by  recourse  to  royal  clemency. 

13.  Prisoners  can  receive  a  certain  part  of  the  product  of 
their  labour.  This  part  can  never  exceed  one-sixth,  and  it  is 
liable  t-o  various  alterations,  according  to  their  good  or  bad 
conduct,  and  the  zeal  they  have  shown  at  work.  That  part  of 
the  earnings  granted  to  them  is  placed  in  a  box  in  the  prison. 
They  are  allowed  to  dispose  of  half  this  part  up  to  a  certain 
amount,  when  they  have  obtained  permission  from  the  adminis- 
tration. The  other  half  is  given  to  them  only  on  their  release, 
after  having  undergone  their  entire  sentence. 


120  CONDITION  OF  PRISONS. 

14.  Beyond  the  half  of  their  earnings,  no  other  special  reward 
18  granted  to  prisoners  for  work  well  and  honestly  performed. 

15.  These  are,  first,  slight  oflFences  against  order,  as  neglecting 
to  keep  silence,  disorder,  uncleanliness,  and  readiness  to  quarrel 
with  their  fellow-prisoners.  These  infractions  in  1869  were 
57  per  cent.  Afterwards,  the  violations  of  regulations  are — 
improper,  insolent,  and  rebellious  conduct  towards  the  ofiicers ; 
these  were  in  1869,  24  per  cent.  Lastly,  we  have  those  infrac- 
tions of  rules  which  consist  in  avoiding  and  escaping  from 
work ;  these  infractions  in  1869  were  19  per  cent. 

16.  The  regulations  appoint  the  following  punishments :  — 
(a).  Degradation  to  the  second  class  of  prisoners  (No.  11). 
(h).  Privation  of  the  right  of  disposing  of  the  half  of  their 

earnings  (No.  13),  as  well  as  of  better  treatment  on  holidays. 

(c).  Solitar}'  imprisonment  in  colls  appointed  for  violators  of 
regulations  :  this  imprisonment,  according  to  the  gravity  of  the 
violation,  may  be  accompanied  by  withdrawal  of  hot  food,  of  work, 
of  light,  and  of  their  bed.  These  punishments,  if  circumstances 
require  it,  may  be  inflicted  in  a  cell  with  a  lathed  floor. 

(d).  Castigation.  This  is  only  inflicted  on  men;  the  maxi- 
mum is  30  lashes. 

These  two  last  punishments,  namely,  imprisonment  in  a  lathed 
cell — a  punishment  which  cannot  be  extended  beyond  fourteen 
days,  and  which  is  undergone  in  such  a  way  that  the  culprit 
gets  one  out  of  every  four  days  for  relaxation — and  castigation, 
can  only  be  authorised  by  the  director  of  the  prison,  at  the 
request  of  the  superior  officers,  including  the  surgeon  and 
chaplain.  If  the  majority  of  the  officers  mentioned  refuse  to 
consent  to  it,  the  decision  with  respect  to  it  belongs  to  a  com- 
petent provincial  authority. 

17.  An  exact  register  of  all  punishments  is  kept.  This  is 
regularly  examined  by  a  competent  provincial  authority. 

18.  Chaplains  are  found  in  all  prisons,  and  for  all  forms  of 
worship. 

19.  The  chaplains  hold  divine  service  every  Sunday,  and 
once  in  the  course  of  the  week.  They  have  also  to  administer 
the  sacrament  to  the  prisoners  at  stated  j)eriods,  and  discharge 
all  other  pastoral  duties.  They  give  religious  instruction,  and 
superintend  the  primary  instruction  given  by  the  masters 
engaged.     Lastly,  they  are  bound  to  labour  seriously  for  the 


GERMANY.  121 

salvation  of  the  souls  of  the  prisoners,  and  with  this  aim  thej 
have  to  visit  them  regularly  in  their  cells  or  in  the  infirmary. 
When  the  prisoners  desire  to  see  them,  it  is  their  duty  to  give 
them  an  interview,  and  also  when,  from  any  other  cause,  their 
spiritual  aid  is  requisite. 

20.  In  all  instruction  given  to  adult  prisoners  our  aim  is 
not  so  much  to  give  new  knowledge,  either  useful  or  necessary, 
as  to  teach  them  to  reflect,  and  to  liberate  them  from  that  sad 
brutishness  which  is  so  often  the  only  cause  of  their  crimes. 

The  less  instruction  is  an  exercise  of  mere  memory,  or 
demands  a  mere  mechanical  activity ;  the  more  it  engages  the 
attention  of  the  entire  man,  the  more  it  acts  at  once  on  heart 
and  intellect ;  to  that  extent  it  wiU  more  efficaciously  fulfil  its 
highest  purpose. 

It  is  almost  unnecessary  to  remark  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 
may  therefore  be  regarded  as  one  of  the  most  important  means 
for  the  moral  reformation  of  the  prisoners. 
.  21.  Persons  who  are  known  to  have  great  interest  in  aU  that 
concerns  prisons,  and  private  persons  of  high  moral  character, 
may,  at  thfeir  request,  have  admission  into  the  prison.  On  the 
other  hand,  frequent  commtmication  between  persons  having 
no  part  in  the  administration  of  the  prison,  and  the  prisoners, 
is  deemed  inconsistent  with  their  due  ptmishment  and  the 
maintenance  of  order. 

22.  There  are  many  Sunday-schools. 

23.  The  prisoners  must  have  special  permission  from  the 
director  of  the  prison  before  they  can  write  or  receive  letters. 
He  can,  however,  only  refuse  them  this  permission  in  excep- 
tional cases.  The  administration  read  the  prisoners'  letters 
before  sending  them  to  their  address.  Letters  are  only  de- 
livered to  the  prisoners  when  their  contents  are  unobjection- 
able. 

The  chaplain  generally  delivers  the  letters  addressed  to 
the  prisoners  ;  he  takes  this  occasion  for  acquiring  a  knowledge 
of  their  relations,  and  their  aflfairs,  and  seizes  any  opportunity 
he  may  thus  have  of  inducing  them  to  seek  eternal  life. 

24.  Such  correspondence  with   their  friends  and  relatives 


122  CONDITION   OF  PRISONS. 

£^s  is  permitted^    has  in  general  a  beneficial  effect  on   the 
prisoners. 

25.  These  visits  are  only  exceptionally  allowed  and  when 
the  visitor's  character  is  above  suspicion. 

26.  These  visits  are  made  in  a  room  of  the  prison  appointed 
for  the  purpose,  and  in  presence  of  an  officer  charged  with 
listening  to  the  conversation. 

27.  The  general  moral  effect  of  these  visits  is  good:  and  we 
may  regard  them  and  the  correspondence  (Nos.  23  and  24)^  as 
an  efficacious  remedy  for  the  feelings  of  despair  and  wretched- 
ness which  so  readily  take  possession  of  prisoners. 

28.  Out  of  a  hundred  sentenced  to  hard  labour,  eighty-three 
could  read ;  as  regards  other  prisoners,  the  proportion  is  more 
favourable. 

29.  Schools  exist  in  all  prisons  except  four  small  houses  of 
arrest. 

30.  All  prisoners  undergoing  cellular  imprisonment  receive 
instruction. 

Among  the  associated  prisoners,  we  give  a  preference  to  the 
young,  and  to  those  whose  education  has  been  greatly  neglected, 
and  whose  intellectual  faculties  give  promise  of  subsequent 
progress. 

So  far  as  space  and  the  number  of  masters  at  our  disposal 
allow,  we  have  the  same  interest  in  the  other  classes  of  pri- 
soners, and  take  care  they  share  to  a  certain  extent  in  the 
course  of  instruction. 

In  1869  the  total  number  of  prisoners  under  instruction  was, 
on  an  average  throughout  the  year,  4,309,  or  15  per  cent,  on 
an  average  of  all  the  prisoners ;  that  gives  on  an  average  four 
to  six  lessons  per  week  per  head.  To  the  aforesaid  number  of 
prisoners  receiving  instraction,  we  must  add  9,722  prisoners 
whose  instruction  is  limited  to  sacred  history  and  religion,  and 
2,047  who  had  in  particular  lessons  in  singing. 

31.  The  prescribed  subjects  of  instruction  are — sacred  his- 
tory, reading,  writing,  arithmetic,  singing,  and  sometimes 
drawing.  The  lessons  in  reading  at  the  same  time  give  in- 
struction in  the  history  and  geography  of  Prussia.  The 
arithmetic  is  such  as  is  useful  in  daily  life.  Lastly,  the 
prisoners  are  diligent  in  learning,  and  make  satisfactory 
progress. 


GERMANY.  128 

32.  The  prisons  have  libraries  containing  religious,  instruc- 
tive, and  entertaining  books.  In  1869,  the  total  number  of 
books  in  these  libraries  was  144,418  volumes — 42,210  enter- 
taining and  instructive,  23,745  educational  books ;  the  remainder 
were  religious  books. 

33.  Most  of  the  prisoners  are  willing  and  diligent  readers. 
Thej  all  show  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. 

34.  As  regards  sewerage,  the  greatest  possible  care  has  been 
taken. 

35.  One  hundred  to  one  hundred  and  twenty  litres  of  water 
per  day  are  considered  essential  for  each  prisoner.  In  the 
majority  of  prisons  the  water  is  of  good  quality. 

-  36.  All  the  new  prisons  built  within  the  last  forty  years  have 
been  furnished  with  a  system  of  artificial  ventilation  generally 
connected  with  heating  apparatus.  In  prisons  of  an  anterior 
date,  the  means  of  ventilation  are  more  simple,  and  sometimes 
in  reality  inadequate.  To  change  the  air  sufficiently,  the  doors 
and  windows  are  frequently  opened. 

37.  All  the  places  in  the  prison  are  swept  once  or  several 
times  every  day,  and  they  are  washed  as  often  as  necessary. 
All  the  rooms  are  whitewashed  at  least  once  a  year.  Night 
utensils  are  washed  and  carefully  disinfected.  The  beds  are 
very  often  examined,  to  keep  them  as  clean  as  possible,  and 
especially  to  preserve  them  free  from  vermin.  Everywhere  the 
prisons  are  scrupulously  clean. 

38.  Every  new  prisoner,  as  soon  as  he  is  registered,  is  com- 
pletely washed,  his  hair  is  cut,  he  is  shaved,  and  dressed  in 
clean  linen  and  clothes.  Every  day  he  is  bound  to  wash  his 
hands  'and  face  thoroughly,  and  to  comb  his  hair  carefully. 
Every  Saturday  he  has  to  wash  the  upper  part  of  his  body  and 
hip  feet.  Once  a  month  at  least  he  is  obliged  to  take  a  com- 
plete bath.  Prisoners  are  shaved  twice  a  week.  Their  hair  is 
cut  as  often  as  necessary.  Their  body -linen  is  changed  weekly, 
their  bed-linen  monthly.  Every  four  months  their  mattresses 
are  changed.  Their  woollen  counterpanes  are  washed  as  often 
as  it  is  deemed  requisite. 

As  regards  the  cleanliness  of  the  prisoners  there  is  nothing 
more  to  be  desired. 


124  CONDITION  OF  PRISONS. 

39.  In  the  cellular  prisons  there  are  water-closets,  or  portable 
vessels  which  are  regularly  emptied  and  cleansed.  In  the  col- 
lective prisons  there  are  water-closets  placed  in  buildings  speci- 
ally appointed  for  this  purpose  or  in  detached  buildings.  One 
part  of  these  water-closets  is  furnished  with  an  apparatus  for 
separating  the  liquid  from  the  solid  matter.  Most  of  them, 
however,  at  the  present  time,  are  still  in  a  primitive  state,  and 
can  only  be  preserved  sweet  by  frequent  floodings  and  repeated 
applications  of  disinfectants.  In  some  prisons  there  are  closed 
wooden  vessels  with  water-taps,  and  provided  with  pipes  by 
which  the  faecal  matter  is  carried  off.  This  system  has  given 
satisfaction  wherever  the  vessels  are  emptied  and  disinfected 
frequently.  The  excrementitious  matter  is  removed  by  the 
night-soil  men,  or  by  sewers  which  can  be  flooded. 

40  and  41.  The  prisons  are  lighted  with  gas,  petroleum,  or 
oil.  The  dormitories  in  common  are  lighted  during  the  night. 
They  are  heated  in  the  new  prisons  by  hot- water  apparatus. 

42.  The  bedsteads  are  made  of  iron  and  wood;  iron  beds 
are  used  in  all  modern  prisons.  In  cellular  prisons  here  and 
there  hammocks  are  used  instead  of  beds,  but  they  are  now 
being  replaced  by  folding  iron  beds. 

43.  The  beds  are  furnished  with  a  paillasse  and  a  pillow ; 
where  there  are  hammocks  there  is  a  small  hair  mattress,  a 
sheet  of  linen  or  calico,  and  a  woollen  counterpane ;  these  are 
enclosed  in  a  white  or  coloured  case  of  linen  or  calico.  In 
winter  two  or  three  counterpanes  are  allowed.  In  the  infir- 
maries hair  mattresses  are  substituted  for  the  paillasse  in  cases 
of  serious  illness. 

44.  In  winter  prisoners  work  from  6  a.m.  till  8  p.m.  ;  in  the 
other  seasons  they  commence  at  5  a.m.  and  finish  at  8  p.m. 
They  are  allowed  to  suspend  work  for  a  quarter  of  an  hour  at 
7  A.M.,  and  at  5  or  6  p.m.,  in  order  to  take  their  soup.  The 
principal  meal  is  made  from  12  to  1  o'clock.  For  recreation 
in  the  open  air  each  prisoner,  in  a  fixed  order,  is  allowed  from 
half  an  hour  to  an  hour.  Lastly,  work  is  interrupted  by  school 
and  catechising.  The  hours  of  sleep  are  from  8  p.m.  to  4*45 
or  5*45  A.M.     On  Sundays  and  holidays  there  is  no  work  at  all. 

45.  Special  infirmaries  exist  in  all  the  prisons.  They  are 
fitted  up  with  everything  needful  for  the  treatment  of  the  sick. 
Attached  to  them,  besides  the  surgeon,  are  special  infirmary 


GERMANY.  125 

attendants.  The  prisoners  admitted  into  the  infirmary  are  ex- 
cused from  all  work,  have  the  particular  diet  prescribed  by  the 
surgeon,  and  receive  aU  needful  medicine  and  what^ever  else  can 
facilitate  and  secure  their  recovery.  If,  in  the  opinion  of  the 
surgeon,  the  sick  prisoner  need  not  be  admitted  into  the  infir- 
mary, he  receives  medical  treatment  in  the  ordinary  rooms  with 
or  without  exemption  from  work. 

46.  Pulmonary,  intestinal,  and  other  forms  of  consumption, 
renal  affections,  dropsy,  cerebral  and  spinal  diseases,  and 
chronic  affections  of  the  abdominal  organs,  which  have  not 
been  previously  cited. 

47.  Eight  per  cent,  of  the  prisoners  are  usually  under  medi- 
cal treatment ;  about  4  per  cent,  of  the  whole  number  of 
prisoners  are  in  the  infirmaries. 

48.  The  death-rate  is  from  2  to  2^  per  cent,  on  the  average 
number  of  prisoners. 

49.  Penal  labour  merely  does  not  exist.  In  addition  to  the 
economic  work  for  the  prisons  themselves,  the  following  trades 
are  practised :  (a)  For  men,  weaving,  cigar-manufacture,  joiners* 
and  carpenters'  work,  shoemaking,  bookbinding,  curtain-rod 
and  picture-frame  manufacture,  net-making,  tailoring,  saddlery, 
trunk  and  box-making,  basket-making,  brush-making,  lock- 
smithery,  brass-casting,  metal-.tumery,  manufacture  of  clasps 
and  coins,  wood-carving,  manufacture  of  wooden  fancy-work, 
manufacture  of  machines  and  edge-tools,  manufacture  of  lace, 
ribbons,  sashes,  &c.,  manufacture  of  toys  and  hardware,  clock 
and  watch-making,  scraping  feathers,  nail  and  chain-making, 
wadding  and  felt  manufacture,  lithography,  engraving  and 
illuminating,  manufacture  of  corks,  leather  dressing  and 
tanning,  button  manufacture,  the  art  of  turning  in  horn  and 
ivory,  manufacture  of  walking-sticks,  umbrellas,  and  combs,  the 
cutting  of  crystals  and  glasses  for  spectacles,  straw-mat  making, 
glove  manufacture,  marble-cutting,  cooperage,  {b)  For  women, 
embroidery  and  knitting,  sewing,  glove-making,  cigar-making, 
tapestry,  spinning,  weaving,  feather  paring  and  scraping.  In 
addition  to  the  trades  mentioned  above,  part  of  the  men  are 
occupied  in  farming  operations.  The  prisoners,  when  op{)or- 
tonity  offers,  also  perform  other  industrial  work  not  above- 
mentioned,  but  fewer  of  them  are  engaged  in  it. 

60.  See  the  first  answer  to  No.  49. 


126  CONDITION  OF  PRISONS. 

51.  Idem. 

52.  Idem. 

53.  Only  in  tirgent  cases,  and  to  a  rery  limited  extent,  is  in- 
dnstrial  labonr  done  for  the  administration.  UsnaUy  this  labour 
is  conducted  by  contractors  who  agree  to  pay  to  the  administra- 
tion of  the  prison  a  sum  stated  in  the  contract  for  each  day  or 
each  piece  work.  What  work  shall  be  given  to  contractors  is 
settled  by  the  administration.  It  likewise  has  absolute  control 
in  the  selection  of  prisoners  for  the  performance  of  the  given 
work,  and  also  over  the  execution  of  the  work.  It  is  thought 
very  important  to  havQ  such  a  number  and  such  a  variety  of 
trades,  that,  in  allotting  prisoners  their  work,  due  regard  may 
be  had  to  their  trades  before  admission  and  to  their  capacity. 
Each  particular  branch  of  industrial  labour  is,  by  the  regula- 
tions, given  to  one  contractor. 

We  may  remark  here  that  the  Prussian  system  has  nothing 
in  common  with  the  system  of  *  general  contracts '  adopted  in 
some  other  countries. 

64.  After  stating  (No.  53)  that  the  industrial  labour  of  the 
prisoners  is  regulated  under  contractors  in  the  manner  just 
indicated,  and  especially  that  all  direct  relation  between  the 
prisoner  and  the  contractor  is  excluded,  it  may  be  readily  seen 
that,  while  the  State  is  released  from  directing  the  industry, 
there  must  be  considerable  loss  to  the  national  finances;  it 
must,  however,  be  granted  that  the  present  system  simplifies  the 
administration. 

55.  There  are  no  important  dlfierences  in  the  mode  of  con- 
tracting for  the  labour  of  the  prisoners. 

56.  About  5  per  cent,  are  ignorant  of  a  trade  on  entry. 

57.  They  learn  one  in  prison. 

58.  It  is  considered  highly  important  for  a  prisoner  during 
his  imprisonment  to  learn  how  to  help  himself  on  his  liberation. 
In  addition  to  school  instruction  and  apprenticeship  to  a  trade, 
he  is  bound,  in  order  to  learn  the  art  of  self-help,  to  keep  him- 
self strictly  clean,  take  due  care  of  his  clothes,  see  to  the  clean- 
liness of  his  cell  and  all  utensils,  and  to  the  proper  order  of 
his  bed. 

59.  A  negative  reply  must  be  given  to  this  question.  This 
is  explained  by  the  fact  that  prisons  in  which  short  sentences 


GERMANY.  127 

hsre  to  be  nndergone  are  very  defective  both  in  arratigeitient 
and  organization. 

60.  We  can  only  reply  at  present  with  certainty  in  respect 
of  those  sentenced  to  hard  labonr.  60  to  70  per  cent,  of  such 
prisoners  in  the  whole  kingdom  are  recidivists. 

61.  The  penal  code  decrees  a  more  severe  sentence  against 
recidiWsts  who  have  been  repeatedly  sentenced  for  robbery,  con- 
cealment (of  thieves  or  stolen  property),  and  cheating,  and  also 
for  a  single  relapse,  if  the  charge  is  for  robbery  with  violence. 

Except  in  the  cases  jost  mentioned,  the  penal  code  menaces 
the  recidivist  with  no  increased  punishment ;  but  the  judge 
may  take  into  account  anterior  convictions,  and  then  pass  a 
sentence  more  severe  than  the  minimum  provided  by  the  law. 

In  the  execution  of  the  sentences  no  distinction  is  made 
whether  the  prisoners  are  recidivists  or  not. 

62.  In  commercial  and  civil  matters  there  is  no  longer  im- 
prisonment for  debt,  inasmuch  as  we  have  seen  it  used  to  enforce 
the  payment  of  debts  of  a  questionable  character.  Imprison- 
ment for  debt  is,  however,  allowed  when  it  is  necessary  to  secure 
the  prisoner's  commitment  or  judicial  prosecution,  or  to  execute 
a  distress  warrant.  The  treatment  of  prisoners  for  debt  is 
totally  different  from  that  of  criminals. 

68.  In  proportion  to  the  whole  number  of  crimes,  there  are 
few  cases  in  which  crime  arises  from  poverty  or  misery. 
Generally  it  springs  from  a  completely  neglected  education, 
dislike  of  work,  drunkenness,  or  rather  a  lust  after  immoderate 
and  ruinous  luxury  and  debauchery. 

64.  rive-sixths  are  men,  one-sixth  women. 

65.  The  principal  aim  in  Prussian  prisons  is  to  satisfy  justice, 
and  to  make  the  prisoners  feel  their  punishment  is  an  expiation 
of  their  crime.  At  the  same  time  all  suitable  means  are  em- 
ployed to  effect  their  moral  reformation.  Efforts  are  made  to 
give  them  habits  of  order  and  work,  and  their  minds  are  influ- 
enced by  scholastic  instruction,  spiritual  consolation,  and  moral 
precepts. 

66.  When  we  consider  the  number  of  recidivists,  we  should 
be  inclined  to  think  the  prisoners  left  prison  worse  than  they 
entered.  This,  however,  all  things  being  considered,  would 
not  be  a  just  conclusion.  We  might  more  truly  say  that,  in 
general,  privation  of  liberty  has  no  great  influence  on  the  ma* 


128  CONDITION  OF  PRISONS. 

jority  of  prisoners,  and  that  their  relapse  is  due  to  the  same 
causes  as  lead  to  their  first  crime,  for  after  the  restraint  of  im- 
prisonment is  removed,  old  influences  naturally  regain  dominion 
over  them.  There  is  no  doubt  that  associated  imprisonment 
tends  to  make  prisoners  worse. 

67.  The  administrative  authorities  of  prisons  use  their  best 
efforts  to  obtain  protection  and  work  for  liberated  prisoners. 
Tor  this  purpose  they  communicate  with  the  minister  and 
authorities  of  the  native  place  or  residence  of  the  prisoner,  and, 
wherever  they  exist,  with  prisoners*  aid  societies. 

Owing  to  the  reluctance  of  masters  and  workmen  to  have 
relations  with  liberated  prisoners,  the  efforts  made  to  aid  them 
have  not  been  satisfactory  in  their  results. 

68.  They  exist  in  many  towns.  In  Ehenish  Prussia  and 
Westphalia,  there  is  a  society  more  important  and  better  orga- 
nized than  the  others,  which  aims  not  only  at  reforming  the 
prisons  themselves,  but  also  at  aiding  the  prisoners  on  their 
release.  Prisoners'  aid  societies  in  Prussia  have  neither  a 
common  organization  nor  a  common  centre  which  unites  them  ; 
and  many  more  are  wanted  to  make  them  bear  any  just  propor- 
tion to  the  extent  of  country.  Their  number  is  too  small  and 
their  action  too  feeble,  sufficiently  to  realise  the  objects  they 
have  in  view.  The  duty  of  these  societies  is  to  give  temporary 
shelter  and  work  to  liberated  prisoners,  either  in  asylums  pro- 
vided by  the  society  or  in  the  houses  of  private  persons  of 
honourable  character.  Sometimes  they  furnish  them  means  of 
emigrating  to  foreign  lands  where  they  will  find  it  more  easy  to 
lead  a  new  and  honest  life.  Lastly,  the  societies  in  every  pos- 
sible way  maintain  relations  with  them  in  order  to  aid  l^em 
with  counsel  or  pecuniary  gifts.  IS  the  results  obtained  by  the 
societies  have  not  been  in  proportion  to  their  benevolent  efforts, 
it  must  be  attributed  to  defective  organization,  and  to  the  very 
nature  of  their  mission. 

69.  (a)  The  food  of  the  prisoners  is  satisfactory  both  in  quan- 
tity and  quality.     They  have  three  meals  a  day. 

For  breakfast  and  supper  they  have  }  of  a  litre  of  soup. 
Twice  a  week,  instead  of  soup,  they  get  coffee  and  milk. 

They  have  IJ  litres  of  soup  made  with  meat  or  fat  and 
vegetables  for  dinner.  To  prepare  this  soup,  210  grammes  of 
meat  and  80  grammes  of  fat  per  head  are  allowed.     Each 


i 


GERMANY.  129 

male  prisoner  receives  625  grammes  of  bread  per  day ;  each 
female,  450  grammes.  Prisoners  engaged  on  laborious  work 
liave  an  extra  quantity  of  bread  and  beer  allowed. 

69.  (6)  In  many  respects  the  organization  of  Prussian  prisons 
may  be  considered  perfect.  Order,  especially,  characterises  the 
administration.  The  assiduous  care  taken  in  regard  to  the 
prisoners  in  all  respects,  and  the  efforts  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  hand,  our  system  has  some  grave  defects  which 
urgently  demand  the  remedy  we  are  earnestly  striving  to  find. 
Some  of  the  prisons  require  complete  re-building ;  others  need 
internal  re-construction ;  a  general  rule  enforcing  the  separa- 
tion of  prisoners  at  night  is  urgently  required,  and  their  isola- 
tion both  by  day  and  night  ought  to  be  more  complete.  We 
need  the  application  of  cellular  imprisonment  in  all  cases  of 
preventive  detention  and  of  short  sentences.  We  think  this 
system  also  indispensable  for  the  objects  aimed  at  in  all  peni- 
tentiary reclusion,  and  we  consequently  propose  a  proportional 
increase  in  the  number  of  cells. 

We  ought  also  to  devise  means  for  permitting  the  prisoners 
to  work  in  the  open  air  more  than  they  do  at  present,  and  to 
effect  this  change  in  such  a  manner,  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  officers,  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 
effective  prison  reform  in  our  country,  we  must  first  create  a. 
central  organization  which  would  regulate  prisons  of  every  kind, 
and  have  due  regard  to  the  interests  of  every  nature  connected 
with  prison  administration. 

SAXONY. 

PoE  more  than  twenty  years  there  has  been  a  conviction  in 
Saxony  that  sentences  of  imprisonment  should  be  undergone 
only  for  the  expiation  of  crime,  the  protection  of  society,  and  to 

E 


130  CONDITION  OF  PRISONS. 

deter  the  prisoner  from  the  commission  of  subsequent  offences. 
The  Saxon  Government  has,  therefore,  two  principal  objects  in 
its  penal  system — ^the  satisfaction  of  justice,  and  the  reformation 
of  the  prisoner. 

Since  1850  the  penitentiary  of  Zwickau  has  been  specially 
distinguished  by  successfully  applying  the  principle  of  reforma- 
tion by  means  of  individual  treatment.  The  Saxon  Government 
was  in  consequence  induced  to  extend  the  same  system  to  all 
the  prisons  of  the  kingdom.  It  more  readily  placed  confidence 
in  the  new  method,  because  it  works  by  no  complicated  appa- 
ratus, complies  with  existing  circumstances,  is  based  on  the 
true  psychological  principle  of  individual  treatment,  and  so 
combines  different  modes  of  imprisonment  as  to  gain  the  best 
results.  Thus,  the  common  modes  of  imprisonment  and  treat- 
ment are  excluded;  and,  just  as  a  physician  prescribes  suitable 
medicine  and  diet  for  his  patients,  so  the  administration  pro- 
vides fit  education,  work,  and  food  for  its  prisoners.  The 
penitentiary  of  Zwickau  gave  proofs  that  this  idea  was  not  only 
theoretically  right,  but  also  practicable.  The  Government, 
therefore,  in  1854  resolved  that  all  the  Saxon  prisons  should 
adopt  the  new  regulations  for  internal  management  and  the 
treatment  of  prisoners. 

1.  The  Prison  System. — Accordingly  there  is  in  Saxony  no 
penitentiary  where  either  solitary  or  collective  imprisonment 
is  exclusively  employed ;  both  modes  are  used  according  to  the 
prisoners'  individual  wants.  Saxony  has  eleven  houses  of  cor- 
rection where,  especially  during  the  last  ten  years,  the  previously 
mentioned  reforms  have  been  carried  out.  The  prisons  are 
divided  into  the  following  classes : — (1)  prisons  for  severe 
punishment ;  (2)  prisons  for  less  severe  punishment ;  (3)  prisons 
in  a  fortress ;  (4)  reformatories ;  (5)  prisons  belonging  to  courts 
of  justice  ;  (6)  prisons  belonging  to  police  courts.  There  are  at 
present  2  prisons  for  severe  punishment;  3  prisons  for  less 
severe  punishment ;  2  for  older  prisoners ;  and  1  for  youthful 
prisoners ;  1  prison  in  a  fortress ;  5  houses  of  correction  or 
reformatories,  2  being  for  children,  1  for  youthful,  and  2  for 
older  prisoners.  Prisons  belonging  to  courts  of  justice  and 
police  are  necessarily  attached  to  those  courts.  There  were 
in  1871,  on  the  average:  1,153  prisoners  in  prisons  of  severe 
punishment ;  1,001  in  those  for  less  severe  punishment ;   1 


GERMANY.  131 

prisoner  in  a  fortress ;  684  in  houses  of  correction ;  and  1,800 
in  prisons  attached  to  courts  of  justice  and  police. 

2.  General  Administration. — A  central  authority  for  the  ad- 
ministration of  prisons  does  not  exist. 

The  administrative  authority  rests,  except  in  prisons  belong- 
ing to  courts  of  justice  and  police,  in  the  hands  of  the  ministry 
of  the  interior.  The  ministry  of  justice  takes  full  cognisance, 
by  commissioners,  of  the  way  in  which  the  sentence  is  carried 
out,  and  also  controls  the  domestic  arrangements.  The  prisons 
belonging  to  courts  of  justice,  in  which,  since  December  19, 
1870,  imprisonment  not  exceeding  four  months  can  be  under- 
gone, are  superintended  by  the  ministry  of  justice,  which  has 
issued  remarkable  orders,  dated  December  27  and  June  21, 
1 862,  relating  to  the  spiritual  care  and  to  the  industrial  occu- 
pation of  the  prisoners. 

The  ministry  of  justice  in  its  prison  administration  has 
obtained  favourable  results. 

3.  Discipline, — The  discipline  aims  at  the  satisfaction  of 
justice,  the  improvement  of  the  prisoner's  condition,  and  his 
moral  reformation.  A  certain  amount  of  deterrent  punish- 
ment had  to  be  inflicted  by  the  administration  of  prisons  in 
accordance  with  the  penal  law,  and  severer  punishment  in  case 
of  relapse;  but  this  severity  was  abolished  by  the  revised 
penal  law  of  1868.  Above  all  things  efforts  are  made  to 
revive  and  maintain  the  following  hopes  in  the  heart  of  the 
criminal — the  hope  of  moral  amendment,  of  re-establishment 
in  society,  of  improving  his  condition  in  prison,  and  even  of 
abridging  the  duration  of  his  imprisonment.  The  administra- 
tion thinks  that  the  church,  the  school,  and  Sunday's  instruc- 
tion, are  the  best  means,  in  the  hands  of  a  sensible  officer,  for 
effecting  moral  reformation.  In  short,  it  aims  at  making  the 
prisoner  tmderstand  that  he  can  make  progress  neither  in 
prison  nor  in  civil  life  without  radical  and  true  amendment. 
The  question  whether  a  discipline  founded  on  rewards  or 
punishment,  is  the  more  successful,  is  almost  superfluous,  for  it 
entirely  depends  on  the  individual  character  of  the  prisoner. 
By  an  order  dated  March  10,  1864,  in  consequence  of  the 
favourable  results  of  experiments  made  during  the  last  ten 
years,  disciplinary  punishments  were  greatly  reduced,  and  now 
consist  in  diminution  of  food,  more  or  less  severe  imprison- 

X  9. 


132  CONDITION  OF  PRISONS. 

meat,   and  in  withdrawing  the  recompense    of   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  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.     Strictly  speaking,  there  can 
be  no  question  of  recompense ;  but  diligence  is  rewarded  by  a 
higher  allowance,  and  good  conduct  places  the  prisoner  in  a 
higher  class  of  discipline,  or  obtains  for  him  a  place  of  trust. 
Leave  of  absence  or  previous  leave,  that  is,  a  remission  of 
part  of  the  imprisonment,  is  regarded  by  the  prisoners  as  the 
highest  reward.     The  administration  makes  it  the  termination 
of  the  three  stages  of  discipline.     This  leave  of  absence  arose 
first  in  royal  clemency.     By  order  of  the  King  it  was   first 
granted  in  1862.     The  Saxon  mode  of  remitting  part  of  the 
sentence  has   proved  excellent  in  its   results:    for  down  to 
January  1,  1872,  of  415  prisoners  dismissed,  only  11,  or  2-65 
per  cent.,  relapsed.     The  same  mode  was  adopted  throughout 
Germany  by  the  confederate  penal  law  (law  of  the  German 
Empire)  May  31, 1870,  with  this  diflFerence  only, — that  the  pro- 
bationary period,  or  previous  leave,  can  only  be  set  aside  by 
royal  pardon  or  the  highest  judicial  authority. 

4.  Influence  of  Religious  and  Moral  Agencies. — The  prisoners 
are  equally  cared  for  whatever  their  religious  creed.  Exactly 
as  in  every  truly  religious  household,  all  members  must 
mutually  help  to  attain  what  is  desired,  so  in  Saxon  prisons 
everything  is  arranged  for  the  purpose  oC  promoting,  be- 
fore all  things,  moral  education  by  common  worship  of 
God  and  individual  care  of  the  soul.  The  use  of  extra- 
ordinary moral  agencies  is  not  admissible;  they  have  been 
found  unpractical,  for  prisoners  place  no  confidence  in  strangerr. 
Casual  visitors,  whose  purpose  is  the  moral  improvement  of 
the  prisoners,  are  therefore  not  admitted.  It  is  not  to  be  ex- 
pected that  everybody  will  possess  the  ability  of  discerning 
the  individual  wants  of  prisoners. 

5.  Secular  Instruction. — In  regard  to  the  condition  of  the 
criminals  in  the  kingdom  of  Saxony,  the  observation  in  general 
has  been  made,  that  the  prisoners  are  pretty  well  instructed  in 


GERMAN  Y.  1 SJ 

the  elementary  branches,  but  that  further  education  is  in  most 
cases  neglected.  The  penitentiary  takes  especial  care  to  supply 
the  defect  of  the  elementary  education  by  obligatory  weekly 
instruction.  At  the  same  time  the  general  and  special  pre- 
paration for  their  vocation  or  calling  is  supplied  by  free  instruc- 
tion on  Sundays.  Such  instruction  is  not  obligatory  but 
voluntary,  and  the  prisoner  has  a  claim  to  it  owing  to  his  good 
behaviour ;  it  is  voluntarily  given  by  the  officers,  and  not  by 
the  clergymen  and  teachers  alone.  The  library  in  the  peni- 
tentiary of  Zwickau  contains  5,000  volumes  of  religious,  in- 
structive, and  entertaining  books,  thus  providing  for  all  the 
mental  wants  of  the  prisoners,  who,  under  the  careful  assist- 
ance of  the  teachers,  are  diligent  readers. 

6.  Prison  Lahour-  -Properly  speaking,  work  in  place  of 
punishment  does  not  exist  in  any  one  of  the  penitentiaries 
of  Saxony.  Saxony,  one  of  the  most  industrial  countries,  pro- 
duces almost  every  one  of  the  different  articles  of  industry 
and  trade.  The  work  is  partly  given  to  contractors,  who  are 
entirely  dependent  on  the  administration  of  the  penitentiary, 
and  is  partly  managed  by  the  latter  itself  on  its  own  account. 
The  system  of  giving  the  work  to  contractors,  who  are  in  entire 
dependence  on  the  administi'ation,  deserves  preference,  because 
the  officers  cannot  be  at  the  same  time  good  tradesmen  and 
good  officers,  and  because  the  interest  of  the  two  would  be 
opposed  and  conflicting.  The  profits  of  the  prisoners*  work 
covers  from  about  one-third  to  one-half  of  all  the  prison  ex- 
penses. 

7.  Prison  Officers, — The  officers  of  the  penitentiary  are  ap- 
pointed by  the  ministry  of  the  interior,  according  to  the  law 
of  the  civil  service.  Part  of  the  officers  are  employed  on 
trial,  and  are  liable  to  dismissal.  Political  influence  does 
not  enter  into  consideration.  The  qualification  of  the  officers 
is  on  the  average  good.  The  duties  of  the  officers  are  regulated 
by  special  instructions.  Separate  schools  for  training  officers 
do  not  exist.  Most  of  the  superior  officers  undergo,  before 
their  definite  appointment,  a  practical  training  in  one  of  the 
penitentiaries.  The  inspectors  are,  with  few  exceptions,  mili- 
tary men,  and  are  carefully  chosen  by  the  director  of  the  peni- 
tentiary from  the  class  of  well-tried  coi-porals.  The  higher  the 
duties  to  be  fulfilled  become,  and  the  more  carefully  the  system 


134  CONDITION   OF  PRISONS. 

of  individual  treatment  is  carried  out,  the  more  the  knowledge 
of  the  duties  approaches  to  science,  and  the  more  necessary  are 
the  studies  of  pedagogy  and  psj'chology,  and  the  more  it  be- 
comes absolutely  necessary  to  make  special  studies,  in  order  to 
assist  in  attaining  the  highest  efficiency  in  the  administration. 
Just  as  no  teacher  can  now  be  chosen,  as  was  the  case  in  times 
past,  from  men  of  another  calling,  but  must  be  a  man  who  has 
received  a  thorough  education  in  his  special  branch,  so  the 
officers  of  penal  prisons  will  be  required  to  have  special  train- 
ing, and  therefore  in  future  special  schools  will  be  a  necessity. 

8.  Sanitary  State  of  the  Prisons. — Owing  to  scientific  and  prac- 
tical experience,  prisoners  have  received,  since  1851,  conformably 
to  a  regulation  regarding  meals,  sufficient  and  nourishing  food. 
This  regulation  provides,  daily,  variety  suited  to  the  seasons 
and  the  promotion  of  health  (hygiene).  Tor  dinners  there  are 
ninety,  for  breakfasts  and  suppers  there  are  twenty-eight 
varieties  of  dishes.  On  principle  such  food  is  given  to  the  pri- 
soner as  is  required  for  the  preservation  of  his  life,  health, 
and  strength  for  work.  The  regulations  for  meals  were  revised 
and  changed  by  the  ministry  of  the  interior  March  31,  1866, 
and  order  food  in  conformity  with  the  season,  and  increase 
the  quantities  of  savoury  ingredients.  Requisite  medical  atten- 
tion in  every  respect  i»  given  to  the  prisoners.  The  ventilation 
is  arranged  in  a  most  perfect  way,  and  in  a  simple  manner. 
Drainage  (in  the  special  sense  of  the  word)  does  not  exist,  but 
a  system  of  sluices  removes  all  the  imderground  water.  To 
cleanliness  the  most  strict  attention  is  paid,  and  rigorously  in- 
sisted on  in  places  of  work,  dormitories,  water-closets,  clothes 
and  linen,  and  there  is  also  a  regular  use  of  baths.  The  daily 
average  of  cases  of  illness  is  from  1  to  2  per  cent. ;  the  average 
of  cases  of  death  is  in  the  year  from  1  to  3  per  cent. 

9.  Reformatory  Results. — That  reformation  is  one  of  the 
chief  objects  has  already  been  stated.  The  prisoners  are  in 
general  better  when  leaving  the  prison  than  they  were  when 
they  entered  it.  The  promises  of  the  prisoners  that  they  will 
live  honestly  are,  in  most  cases,  not  mere  empty  phrases ;  and 
when  some  have  failed  in  their  purpose  of  amendment,  the 
fault  is  mostly  to  be  traced  to  existing  general  social  evils. 
For  successful  warfare  against  them  liberated  prisoners  are 
wanting  in  energy. 


GERMANY.  135 

10.  Seniences. — The  practice  of  courts  of  jastice  of  pass- 
ing sentences  of  short  duration  of  imprisonment  for  slight 
<^enoes,  and  of  repeating  them  in  case  of  relapse,  does  not 
exist,  because  the  penal  law  of  the  German  Empire,  even  for 
theft  a  third  time,  orders  imprisonment  in  a  penitentiary, 
provided  there  are  no  extenuating  circumstances.  What  effect 
this  practice  will  have  in  regard  to  increase  or  decrease  of 
crimes  is  jet  problematical,  and  requires  further  satisfactory 
experience. 

11.  Causes  of  Criminality. — Crimes  and  offences  against  the 
rights  of  property  are  by  far  the  majority.  The  motives 
leading  to  the  commission  of  them  are  to  be  looked  for  in 
sensuality,  unwillingness  to  work,  and  social  evils  caused  by 
the  density  of  the  population.  Saxony  is  at  present  the  most 
densely  populated  coimtry,  having  within  272  Grerman  square 
miles  above  two  and  a  half  millions  of  inhabitants,  or  more 
strictly  398  inhabitants  upon  1  square  mile. 

12.  Juvenile  Reformatories. — Saxony  has  had,  for  above  a 
generation,  two  reformatories  for  the  education  and  reformation 
of  children  of  both  sexes,  besides  one  house  of  correction  for 
young  persons  aged  from  sixteen  to  twenty  years. 

The  industrial  occupation  in  all  those  houses  is  agriculture, 
but  mechanical  occupation  for  the  wants  of  the  reformatory 
itself  is  not  excluded.  The  admission  of  children  takes  place 
xnostiy  at  the  request  of  their  relations,  of  societies,  or  police 
authorities,  who  are  asked  to  contribute  a  small  sum  of  money. 
Children  up  to  twelve  years,  and  young  persons  up  to 
eighteen  years  of  age,  in  case  of  their  having  acted  without 
discernment,  are  placed  under  this  reformatory  treatment. 
According  to  age,  school-instruction,  and  occupation  in  the 
field,  garden,  and  domestic  work,  are  the  means  of  education. 
At  a  proper  time,  those  promoted  for  good  conduct  are  first 
sent  into  agricultural  or  domestic  service,  or  to  tradesmen, 
under  proper  supervision  by  the  authorities  of  the  reformatory. 
CSonditional  liberation  must,  as  a  rule,  precede  complete  free- 
dom. Well-disposed  inmates  of  the  reformatory  of  the  age  of 
less  than  twelve  years  are  sent  to  board  in  carefolly-chosen 
fiimilies,  the  reformatory  paying  for  the  board.  Even  these 
have  to  undergo  a  period  of  conditional  liberation  before  attain- 
ing full  freedom.     The  term  of  probation  for  children  is  at 


136  CONDITION  OF  PRISONS. 

least  two  years,  that  of  young  people  one  year.  The  results 
obtained  in  these  reformatories  since  1856,  have  shown  that 
such  as  were  liberated  after  a  probationary  period,  and  who  on 
account  of  relapse  were  sent  again  into  the  penitentiary, 
amounted  to  only  7  per  cent.  Reformatories  and  houses  of 
safety  (asylums),  established  and  supported  by  societies  or  by 
associations,  endeavour  to  reform  neglected  children  by  giving 
them  domestic  discipline,  and  separate  or  public  schooling. 
They  mostly  keep  the  children  till  they  are  fourteen  years  of 
age.  Unmanageable  children  are  sent  for  further  education  to 
the  above-mentioned  State  reformatories.  The  average  number 
admitted  in  the  State  reformatory  amounted,  in  the  year  1871, 
to  345  children,  and  to  31  young  persons.  Both  these  numbers 
are  included  in  the  sum  stated  above  under  1.  The  number  of 
inmates  in  asylums,  etc.,  during  the  year  1871,  has  not  yet 
been  stated ;  but  it  may  be  estimated  to  be  about  200. 

WURTEMBERG. 

1.  The  economic  and  correctional  administration  of  all  pri- 
sons is  controlled  by  a  central  authority,  which  also  exercises 
supervision  over  district  prisons  for  preliminary  detention,  for 
those  sentenced  to  minor  punishments  and  to  arrest.  The  central 
authority  is  subordinate  to  the  minister  of  justice.  It  is  com- 
posed of  members  of  the  departments  of  justice,  of  the  interior, 
and  of  finance;  it  has  likewise  attached  to  it  some  skilled 
ecclesiastical  members,  a  doctor,  an  architect,  and  a  merchant. 

2.  Since  January  1,  1872,  the  penal  code  of  the  German 
Empire  has  been  in  operation  in  Wurtemberg.  The  punish- 
ments inflicted  by  this  new  code,  and  by  anterior  laws,  are 
undergone  in  (1)  Prisons  of  reclusion :  one  at  Stuttgart,  exclu- 
sively for  men ;  one  at  Gotteszell,  for  the  two  sexes ;  one  at 
Ludwigsburg,  exclusively  for  men  ;  and  one  at  Heilbronn,  for 
women.  Those  sentenced  to  reclusion  by  the  new  law,  and  to 
reclusion  with  hard  labour  by  the  old  law,  are  placed  in  these 
prisons.  (2)  Country  prisons  {les  prisons  du  pays)  at  Halle  and 
Rottenburg  for  men,  and  at  Heilbronn  for  women.  In  these 
prisons  sentences  not  exceeding  four  weeks  are  undergone.  (3) 
Fortresses.  Imprisonment  in  a  fortress  is  suffered  at  the  for- 
tress of  Hohenasperg.     (4)    Prisons  for  minors.     Youths  who 


GERMANY.  137 

are  sentenced  are  imprisoned  at  Halle.  (5)  District  prisons 
{priso7is  cTarrondissevicnt)  for  the  punishment  of  those  whose 
sentences  do  not  exceed  four  weeks,  or  who  are  under  arrest. 

3  and  4.  A  scheme  of  prison  reform  on  the  cellular  principle 
has  been  prepared  for  ten  or  twenty  years,  but  various  obstacles 
have  prevented  its  adoption.  In  1865  a  law  was  passed  for  the 
introduction  of  the  cellular  system,  at  first,  into  prisons  for 
women.  The  cellular  prison  of  Heilbronn  was,  therefore,  erected. 
It  will  probably  be  occupied  this  year.  The  law  of  1865  having 
been  replaced  by  the  penal  code  of  the  German  Empire,  the 
prison  at  Heilbronn  will  be  used  exclusively  for  men.  At  pre- 
sent our  prisons  are  still  conducted  on  the  collective  system. 
Places  for  isolated  detention  are  found  in  all  the  prisons  :  they 
are  used  partly  for  the  separation  of  the  prisoners  at  night, 
and  partly  for  their  isolation  for  disciplinary  and  correctional 
reasons. 

5.  The  expense  of  maintaining  the  prisons,  so  far  as  it  is  not 
defrayed  by  the  industrial  labour  and  payments  of  the  prisonei*s, 
is  borne  by  the  State,  which,  on  the  average,  contributes  about 
35  per  cent,  of  the  total  expense  of  prisons  :  the  remaining  65 
per  cent,  is  derived  from  the  income  of  the  prisons  themselves, 
but  the  prisoners'  payments  form  only  a  small  part  of  the 
amount. 

6  to  9.  The  directors  and  the  chief  officers  of  the  administra- 
tion are  appointed  by  the  King,  on  the  nomination  of  the 
minister  of  justice,  who  first  consults  the  commissioners  for 
prisons.  These  appointments  are  generally  for  life.  The  sub- 
ordinate officers  are  appointed  by  the  commissioners  for  prisons. 
The  directors  and  superior  officers  have  all  the  rights  which 
legally  belong  to  the  officials  of  the  State,  particularly  such 
rights  as  refer  to  pensions.  When  the  inferior  prison  officers 
become,  from  no  fault  of  their  own,  incapable  of  discharging 
their  duties,  they  are  discharged  with  a  gratuity,  or  they 
receive  a  pension.  There  are  no  special  schools  for  th^  educa- 
tion of  prison  officers.  The  directors  are  usually  men  who  have 
acted  as  magistrates,  and  have  been  formerly  engaged  in  judicial 
duties,  although  ability  to  act  as  a  judge  is  not  indispensable 
for  gaining  the  office  of  a  director.  The  warders  are  mostly 
non-commissioned  officers  who  have  left  the  army. 

10.  See  reply  to  question  2. 


138  CONDITION  OF  PRISONS. 

11.  The  prisoners  are  classified  according  to  their  conduct. 
Their  class  is  shown  by  distinctive  marks  on  their  dress.  The 
class  of  a  prisoner  is  taken  into  considera^tion  before  he  is 
appointed  to  any  office  of  trust.  The  distribution  of  the  pri- 
soners in  the  rooms  (localites)  depends  on  their  class.  In 
reality,  however,  little  value  is  set  on  this  division  into  classes. 

]  2.  Since  the  introduction  of  the  code  of  the  German  Empire, 
probationary  liberation  has  been  extended  to  those  who  were 
sentenced  in  accordance  with  the  old  law.  Moreover,  when 
there  is  a  question  of  a  prisoner's  pardon,  his  conduct  is  espe- 
cially taken  into  consideration. 

13.  Industrious  prisoners  receive  for  their  application  and 
good  conduct  a  part  of  their  earnings  2  this  part  is  fixed  by  the 
administration  at  one-fourth :  but  if  they  earn  above  eight 
kreuzers  per  day,  they  only  get  two  kreuzers. 

14.  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  bj^ 
being  recommended  for  pardon. 

15  to  17.  The  chief  disciplinary  punishments  are:  restricted 
communication  with  their  relatives  and  Mends;  withdrawal 
or  diminution  of  the  part  of  their  eai*nings  usually  granted 
to  them ;  diminution  of  food ;  isolated  imprisonment ;  imprison- 
ment in  a  dark  cell.  In  prisons  for  reclusion  irons  are  also 
applied;  corporal  punishment  is  excluded.  An  exact  register 
of  punishments  is  kept. 

18  to  20.  In  all  the  prisons  there  are  Protestant  and  Catholic 
chaplains.  Their  duties  are  to  hold  divine  service  on  Sunday 
and  on  festival  days,  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 
denomination  there  is  similar  provision  for  religious  instruction. 
The  labours  of  the  chaplains  are  imdoubtedly  most  valuable 
and  beneficial  in  their  results. 

21.  There  is  no  arrangement  for  such  labours  in  the  kingdom 
of  Wurtemberg. 

22  to  27.  Prisoners  are  allowed,  imder  certain  regulations,  to 


GERMANY.  139 

receiye  visits  from  their  relatives  and  friends,  and  to  correspond 
vriih  them. 

The  number  of  such  visits,  and  the  extent  of  the  cori'espondence, 
are  fixed  by  the  administration  of  the  piison,  which  can,  on 
Boitable  occasions,  and  as  a  reward  for  good  conduct,  allow  more 
frequent  and  more  prolonged  visits,  and  the  interchange  of  a 
^ater  number  of  letters.  The  letters  are  all  examined  by  an 
>fficer,  and  those  containing  anything  immoral  or  prohibited  by 
ihe  regulations,  are  retained.  The  director  or  some  officer  is 
>re8ent  at  all  visits  and  lias  the  right  of  listening  to  the  con- 
rersation. 

28  to  81.  Prisoners  unable  to  write  on  their  admission  form 
b  rar^  exception.  Out  of  1,317  prisoners  present  June  30, 1871, 
)  could  neither  read  nor  write ;  8  could  read  and  not  write. 
yi  the  prisons  have  schools  for  the  prisoners*  instruction.  They 
nust  attend  school  till  30  years  of  age ;  prisoners  above  that 
ige  who  desire  school  instruction,  are  allowed  to  attend.  The 
prison  schools  are  as  efficient  as  good  primary  schools.  The 
branches  of  instruction  are :  reading,  writing,  and  arithmetic, 
moral  and  sacred  history,  geography,  history  of  the  kingdom, 
GUid  in  some  prisons  drawing.  Those  sentenced  to  short  im- 
prisonments 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.  Attentive 
and  diligent  prisoners  are  very  pleased  to  take  part  in  the 
instruction. 

32.  In  all  the  prisons  there  are  libraries:  the  books  are 
religious,  instructive,  or  entertaining. 

83.  (Omitted). 

84.  The  prisons  are  provided  with  a  good  system  of  sewerage. 
86.  Water  for  drinking  and  for  domestic  purposes  is  found  in 

all  the  prisons,  in  sufficient  quantity  and  of  good  quality. 

36  to  38.  Prisoners  are  compelled  always  to  keep  their  bodies, 
g^arments,  beds,  work-rooms,  dormitories,  and  other  places, 
dean.  They  have  every  morning  to  wash  their  faces,  hands, 
and  teeth,  to  comb  their  hair,  make  their  beds,  sweep  the 
rooms,  and  empty  and  clean  all  vessels.  The  men  are  shaved, 
and  have  their  hair  and  nails  cut  as  often  as  necessary.  They 
frequently  take  baths.  Care  is  also  taken  to  ventilate  and  sweep 
3Tery  place  in  the  prison. 


140  CONDITION  OF  PRISONS. 

39.  The  arrangements  for  the  water-closets  vary  with  the 
construction  of  the  different  prisons.  Even  the  ordinary  water- 
closets  are  supplied  with  a  ventilating  apparatus  for  removing 
the  bad  air,  and  they  are  carefully  disinfected. 

40.  Most  of  the  prisons  are  lighted  with  gas ;  in  some,  petro- 
leum is  used.  The  corridors  and  dormitories  are  lighted  during 
the  night. 

41.  There  are  only  two  prisons  which  are  furnished  with  a 
central  heating  apparatus :  the  others  are  warmed  by  cast-iron 
stoves. 

42  and  43.  Every  prisoner  has  a  separate  bedstead  made  of  iron 
or  wood.  The  bed  consists  of  a  mattress  and  bolster  filled  with 
straw,  two  sheets,  one  blanket  for  summer  and  two  in  winter. 
In  prisons  of  reclusion,  the  prisonei*s  whose  health  requires  the 
indulgence,  may  have  their  own  beds ;  in  country  prisons  there 
is  no  restriction  on  their  having  them. 

44.  In  prisons  of  reclusion  the  working  hours  are  eleven ;  in 
country  prisons,  eight.    In  prisons  of  reclusion  the  prisoners  rise- 
at  4.45  A.M.  in  summer,  at  5.30  in  winter;  they  go  to  bed  aW. 
7.30  in  summer,  and  at  8  in  winter.    To  give  them  opportunil 
of  recreation  in  the  open  air,  an  interval  of  three-quarters  of 
hour  is  allowed  in  summer,  and  of  half  an  hour  in  winter. 

45  to  48.  There  are  infirmaries  furnished  with  everythinj 
necessary  for  the  sick  in  all  the  prisons.     The  surgeon  decide 
on  the  admission  of  prisoners  to  the  infirmary.     He  has 
care  and  management  of  it,  and  is  assisted  by  male  and  female- 
infirmary   attendants.      The   food,   clothing,   and  bedding  cz::^:^ 
those  ill,  are  regulated  according  to  his  direction.     PrisoneiK::*^ 
who   are   only  slightly   indisposed  are    not  removed   to   itzm-^ 
infirmary.   Those  affected  in  mind  are  sent  to  a  lunatic  asylurac*  - 
The  proportional  number  of  sick  in  the  infirmary  during  tla-^ 
last  ten   years,  in   all   the  prisons,  was   36  to  46   in    1,0  OO 
prisoners.     The  death-rate  was  between  16  and  27  per  1,000- 
In  some  prisons  the  death-rate  was  only  12  per  1,000.     Tho 
diseases   are  the   same   as  those  prevailing  among  the  free 
population.     Last  year  12  (that  is,  94  per  1,000  of  the  tota/ 
number  of  prisoners)   died  from  tubercular  consumption;  in 
34  cases  of  death  that  year  there  were  also  4  from  dropsy, 
4  from  typhus  fever,  2  from  infiammation  of  the  brain,  2  from 
disorders  of  organs   in  the   cavity  of  the  chest,  and  2  from 


GERMAXY.  141 

apoplexy.  Scurvy  is  of  rare  occurrence ;  last  year  there  were 
onlj  3  cases  under  treatment.  There  were  5  cases  of  mental 
duease  last  year. 

49  to  52.     There  is  no  distinction  between  penal  and  in- 
dustrial labour.     Besides  the  necessary  work  for  the  prisoners 
themselves,  as  cooking  (in  some  prisons  also  baking),  building, 
gardening,  washing,  the  principal  industrial  occupations  are, 
for  men,  manufiax^ture  of  linen  and  cotton  fabrics,  tailoring, 
shoemaking,  manufacture  of  gilt  curtain-rods,  joinery,  wood- 
carving,  manufacture    of   boxes   and  other  wooden   articles, 
binding,  manufactiure  of  card-board  boxes,  of  travelling-bags 
^d  cases,  smith- work,  labouring,  and  painting;  for  women, 
sewing,  knitting,  making  woven  shoes,  cigars,  gold-polishing, 
niaking  paper-bags,   and   washing  and  laundry  work.     The 
indnstrial    work    is    partly   done  for    the    establishment,   or 
*he  prisoners  are  employed  by  manufacturers,  who  pay  a  cer- 
tain sum  per  day  or  per  piece  of  work,  which  is  stated   in 
the  contract.     Whether  preference   should  be  given  to  the 
system  of  working  for  the  establishment  or  for   contractors 
^^pends  on  the  nature  of  the  work.     The  system  of  letting  out 
the  entire  work  of  the  prisoners  to  contractors  does  not  exist 
^  Wurtemberg. 

S3  to  58.  More  than  half  the  prisoners  admitted  into  the 
P'^sons  have  a  knowledge  of  some  trade  that  is  practised  in  the 
^^8.  In  giving  an  occupation  to  a  prisoner,  regard  is  paid 
^8  f^j.  a^  possible  to  his  previous  trade ;  he  gets  similar  work, 
^'^  at  his  own  request  he  is  taught  some  trade  which  is 
P'^tised  in  the  prison. 

^  59  to  61.  In  the  statistical  tables  those  are  reckoned  re- 
^^divists  who  have  already  undergone  previous  imprisonment, 
^^tention  in  a  fortress,  or  a  more  severe  sentence  for  a  similar 
^^  different  offence.  Out  of  the  total  number  of  those  sentenced 
^^  the  last  four  years,  37,  34,  36,  and  35  per  cent,  were  re- 
cidivists in  the  sense  just  explained. 

62.  There  is  no  imprisonment  for  debt  in  Wurtemberg. 

63.  (Omitted.) 

64.  The  number  of  women  in  prison  on  an  average  is  20  per 
^nt.  of  the  total  number  of  prisoners. 

65  and  66.  The  primary  object  of  our  prisons  is  punishment ; 
But  although  their  principal  aim   cannot  be  designated  the 


142  CONDITION  OF  PRISONS. 

moral  reformation  of  the  prisoners,  yet  the  punishment  is  sc 
administered,  and  the  prisons  are  so  organized,  as  to  lead  tc 
the  prisoners'  moral  improvement. 

67  and  68.  Since  the  year  1831  there  has  been  a  patronage 
society  for  liberated  prisoners :  it  promotes  their  civil  and  moral 
improvement,  and  is  managed  by  a  central  committee.  Varioiw 
allied  societies  exist  in  the  different  districts  of  the  kingdom. 
The  Patronage  Society  has  3,000  members.  It  endeavours  tc 
secure  its  objects  by  obtaining  domestic  service  or  professional 
work  for  liberated  prisoners,  and  by  supplying  them  witt 
money  for  the  purchase  of  tools,  raw  materials  for  manufacture, 
clothes,  and  bedding,  or  to  pay  their  passage  as  emigrants. 

With  regard  to  youthftd  prisoners  special  care  is  taker 
to  apprentice  them,  or  to  place  them  in  asylums  which  exisi 
in  the  kingdom  for  the  reception  of  youths  who  have  falleB 
into  crime  or  have  been  neglected.  An  asylum  has  been  more 
recently  founded  for  girls  of  a  more  advanced  age.  It  alsc 
receives  liberated  young  women.  In  accordance  with  esta- 
blished regulations,  it  is  the  duty  of  commercial  and  State 
authorities  to  counsel  and  aid  liberated  prisoners. 

69.  The  food  of  the  prisoners  provided  by  the  administra- 
tion in  the  different  prisons,  is  good  in  quality  and  sufficient  ia 
quantity. 

Stuttgarty  April  10,  1872. 


ITALY.  1*:3 


ITALY." 

1.  The  Prison  S yet  em. — Gextlexex. — Xot  one  amon^r  you  is 
ignorant  of  the  momentous  events  which  have  combined,  iluring 
the  last  few  years,  to  ec»mplete  the  Unity  of  Italy.    The  various 
pwinces  of  our  peninsula,  fur  long  centuries  divided  into  so 
loanj  states,  and  now  united  under  the  dominion  of  the  glorious 
leaner  of  the  House  of  Savoy,  necessarily  brought  with  them 
^  the  common  cause  each  its  own  laws,  institutions,  and  tra- 
ctions; it   is,  therefore,  not  to  be  wondered  at  if  there  be 
foond  amongst  us  a  wide  diversity  in  penal  legislation,  and, 
consequently,  great  variety  in  the  punishments  adopted  and  in 
tie  mode  of  carrying  them  out.     Thus  :  the  law  of  the  Tuscan 
P^Tinces  had  abolished  capital  punishment  since  lS5l^ ;  the 
^eapoUtan  and  Sicilian  legislation  inflicted  this  sentence  in 
twenty-two  cases;  in  other  provinces  of  the  kingdom  capital 
punishment  was  decreed  in  twenty-seven  cases.     Again,  the 
■^scan  provinces  had  adopted  the  system  of  continual  isola- 
*^^U ;  others  preferred  and  were  adopting  the  Aubiun  system. 
"^    some  provinces  fetters  were   in   use  both  for  males  and 
^^niales  sentenced  to  a  long  imprisonment ;  in  others  they  were 
^^tirely  abolished.     In  some  provinces,  only  those   convicts 
^^tenced  to  the  heavier  punishments  were  admitted  into  tlie 
^gnio,  whereas  in  others  these  establishments  served  as  prisons 
^*^o  to  those  sentenced  only  for  a  few  years ;  in  others,  again, 
^J  were  entirely  proscribed.    Nor  could  these  diversities  in 
^•^  penal  code,  and  the  great  varieties  in  the  method  of  in- 
^^^'ceration  be  at  once  done  away  with,  having  their  origin  in 
^^^  peculiar  character  of  each  code  of  penal  laws ;   but  our 
^O-vemment  is  directing  its  efforts  to  the  reformation  and  com- 
^^^te  uniformity  of  its  penal  legislation. 

To  serve  the  purposes  of  detention  before  trial,  we  have  the 

^^utral  or  chief  prison  of  the  province   {carceri  central ()  and 

**lxe  district  prisons  (circondariali\  as  also  the  communal  jails 

'  Hie  Tesponse  of  Italy  is  given  in  the  form  of  an  address  to  the  Conprcvii,  by  tho 
I^iKCtor-General  of  the  Italian  prisons,  Signor  Cardon.  The  editor  has  thoii{;ht  it 
coovenient  not  to  vary  this  form,  although  as  a  fact  the  subject  is  treated  under  the 
«me  heads  (suggested  by  the  American  committee)  as  the  United  States,  Saxony,  and 
other  countries. 


144  CONDITION  OF  PRISONS.  * 

{mandamentalt) — all  so  classified  as  to  be  within  the  jurisdic 
tion  of  a  Corte  di  Appello  or  a  *  prefecture,'  in  the  chief  towi 
of  a  province,  or  in  a  Mandamento.  For  penal  detention  we 
have  six  establishments  for  those  sentenced  to  confinement, 
detention,  or  custody ;  three  for  those  sentenced  to  relegation 
eleven  for  those  to  reclusion  or  public  work;  twenty-one  foi 
those  sentenced  to  hard  labour  for  a  time  or  for  life,  to  th- 
Ergastolo  or  GkJera. 

The  gaols  and  prisons  as  varying  in  their  system  of  imprisoa 
ment  may  thus  be  classified: — Two  on  the  system  of  continue^ 
isolation,  two  on  the  system  partly  of  continued  isolation  aiM 
the  Auburn  system,  five  on  the  Auburn  system,  two  partly  o* 
the  Auburn  system,  partly  on  the  system  of  community,  fort;» 
five  on  the  community  system.  We  have,  moreover,  two  agr- 
cultural  colonies  and  a  penal  establishment  for  invalids. 

Those  above  are  for  the  adults.  Tor  minors  we  have  tow 
houses  of  correction  set  apart  for  juvenile  convicts,  and  thirty 
one  establishments  for  compulsory  detention  (reformatories)  fd 
idlers,  vagabonds,  and  youths  admitted  by  paternal  request  fv 
correction.  In  the  latter  establishments  are  also  received  juv^ 
nile  offenders  before  trial,  to  withdraw  them  from  the  injuriou. 
influences  which  would  be  brought  to  bear  upon  them  if  detainer 
in  a  jail,  for  however  short  a  time. 

The  Central  Administration,  convinced  of  the  great  nees 
and  utility  of  the  subject,  is  now  considering  the  best  mean 
for  establishing  a  hospital  for  lunatic  convicts,  and  instituting 
a  species  of  nautical  reformatory  for  the  detention  of  juvenil 
delinquents  from  the  maritime  provinces.  In  1871  the  averag" 
of  the  inmates  of  the  gaols  was  45,082  ;  that  of  the  peniten 
tiaries,  10,738 ;  that  of  the  bagnios,  15,148  ;  that  of  the  juvenile 
institutions  in  all,  573.  It  should,  however,  be  observed  thai 
the  number  in  the  gaols  includes  those  awaiting  trial,  as  also  a 
number  of  those  who,  already  sentenced,  remain  in  them  until 
such  time  as  it  be  found  opportune  to  transfer  them  to  theii 
ultimate  destination ;  also  those  sentenced  to  one  year  or  less, 
and  who  work  out  their  time  in  the  same  prisons. 

According  to  our  more  recent  judicial  statistics,  the  total 
number  of  condemned  prisoners  amounted  in  1869  to  72,247, 
of  whom  488  were  for  life  ;  5,561  to  relegation,  reclusion,  etc.; 
36,663  to  a  term  of  imprisonment  under  five  years ;  29,535  to 


I 


ITALY.  145 


<-  term  under  three  months.  Judging,  however,  from  the  num- 
"^  I  «!'  of  legal  requests  for  Iconsignment  to  penitentiaries,  the 
''•^l  number  of  culprits  sentenced  to  a  term  of  imprisonment  ex- 
^^\  ceeding  twelve  months  in  1871  was  5,324,  of  which  number 
^/l  228  were  sentenced  to  hard  labour  for  life,  1,018  to  hard  labour 
'''I  for  a  term,  2,202  to  reclusion,  and  1,671  to  confinement.  With 
■•  na  the  same  regulations  are  in  force  in  the  male  and  female 
prisons.  The  female  convicts  are  subjected  to  the  same  discipline 
*8  the  males.  To  this  rule  there  is  but  one  exception — that  of 
the  female  penitentiary  of  Turin,  where,  by  the  advice  of  the 
•anitary  staff,  on  account  of  the  rather  large  number  of  deaths 
"^hich  occurred,  the  food  provided  is  of  a  somewhat  better 
^rter.  Here  too  the  inmates  are  allowed  to  speak  during  the 
J^otirs  of  exercise.  These  two  ameliorations  have  apparently 
^^nproved  the  sanitary  condition  of  the  prisoners.  '  The  mediunt 
duration  of  preventive  detention  for  those  awaiting  their  trial' 
^  about  three  months. 

The  expenses  for  constructing  preventive  or  penitentiary  jailer 

*^x^  drawn  from  the  sums  set  aside  for  the  purpose  in  the  yearly 

^>alance  of   the   Home   Office.      The  Mandamenti  alone  are 

^^quired  to  provide  their  own  gaols,  but  only  so  far  as  regards 

"Oie  buildings,  the  Government  providing  for  the  maintenance 

of  the  delinquents.     By  the  law  passed  on  January  28,  1864,  it 

^as  decreed  that  we  should  put  into  force  in  our  houses  of 

detention  the  system  of  continued  isolation.     On  this  basis  the 

S^^ls  of  Turin,  Sassari,  and  Perugia  have  been   built.     The 

^ilan  gaol  is  being  erected,  and  we  are  studying  plans  for 

Naples,  Genoa,  Piacenza,  Eome,  Varese,  etc.,  etc. 

We  cannot  say  as  much  about  the  regulations  to  be  intro-» 
^'iced  into  our  penitentiaries,  but  this  question  will  be  decided 
^hen  the  new  penal  code  now  preparing  shall  have  received 
«aOction. 

2*  General  Administratioiu — ^The  whole  of  the  detention  and' 

Penitentiary  administration  of  the  prisons,  whether  as  re<^ards 

^^   buildings,  regulations,  officers,  discipline,  or  supervision  of 

^^  whole,  is  superintended  by  one  central  authority,  which 

""^^^s  the  General  Prison  Board  (^Direzione   Generale   delle 

"'^^^rceri'),  and  depends  on  the  Home  Office.      This  board  is 

I     ^^posed  of  the  director-general,  four  inspectors,  and  three 

I     ^^[partments :  one  entrusted  with  the  supervision  of  the  admin^ 


146  CONDITION  OF  PRISONS. 

istrative,  sanitary  and  religions  officers  and  gaolers ;  another 
attending  to  the  financial  department,  and  the  third  regulating 
whatever  refers  to  the  construction  of  the  buildings  and  the 
wants  of  the  prisoners.  Besides  this,  there  is  an  office  of  sta- 
tistics, 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  concentratecl 
in  the  general-director,  who  in  his  turn  regulates  the  service, 
seconded  by  the  vote  of  a  council  of  consultation  on  administra- 
tion and  discipline,  composed  of  at  least  two  central  inspectors, 
and  the  director  of  that  department  to  which  is  entrusted  the 
special  subject  under  discussion.  Nor  does  it  seem  possible 
otherwise  to  direct  an  administration  so  vast,  and  one  requiriug 
as  an  indispensable  rule  the  most  perfect  unison  in  thought  and 
regulation,  to  carry  into  effect  the  principle  that  *  every  citizen 
is  equal  in  the  eyes  of  the  law.' 

3.  Discipline. — The  end  at  which  our  prison  administration 
aims  is,  so  to  direct  punishment  that,  without  allowing  it  tc 
lose  its  necessary  characteristic  of  deterrence,  it  shall  alsc 
possess  the  other  equally  essential  requisite  of  reforming  the 
delinquent.  Nothing  therefore  is  omitted  to  obtain  this  desi- 
rable end,  and  while  on  the  one  hand  it  is  instilled  into  the  mine 
of  the  prisoner  that  he  will  be  enabled,  by  good  conduct,  tc 
ameliorate  his  condition ;  on  the  other,  the  end  aimed  at  is  tc 
raise  his  sense  of  manly  dignity,  that  he  may  not  become  s 
hypocrite.  In  the  penitentiaries  those  who  distinguish  them- 
selves by  their  good  conduct  enjoy  special  advantages,  such  as 
being  entrusted  with  domestic  work,  being  recommended  t< 
mercy,  &c,,  &c. 

In  the  Bagnios  there  is  a  system  of  a  graduation  of  classes  t< 
which  the  prisoners  ascend  by  merit  or  descend  by  bad  conduct 
Each  class  has  its  distinctive  badge  and  special  privileges 
Those  prisoners  who  have  distinguished  themselves  by  gooc 
conduct  in  the  penitentiaries,  and  have  worked  out  at  least  om 
half  their  term,  are  removed  to  the  agricultural  colonies  o 
Pianosa  and  Gorgona. 

The  administration  is  at  present  occupied  in  the  study  of  i 
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 


ITALY.  147 

The  prisoners  on  reaching  Capraja  would  enjoy  a  semi-liberty 
within  the  island  without  being  quite  free  from  certain  disci- 
plinaiy  restraints. 

The  disciplinary  system  in  the  two  classes  of  prisons  now  to 
he  noticed,  varying  according  to  the  nature  of  the  sentences  to 
be  worked  out  in  them,  differs  somewhat.  In  the  penitentiaries 
the  punishments  in  use  are :  admonitions,  privations  of  food, 
solitary  cells,  fetters  at  the  longest  for  twenty-four  hours,  soli- 
tary confinement  for  from  one  to  six  months;  while  in  the 
JBagnios,  besides  admonitions,  separate  cells,  and  privation  of 
ibod,  there  is  also  arrest  with  or  without  fetters,  and  the  short 
><hain  *  Banco  di  rigore,'  &c. 

The  rewards,  already  noticed,  are,  in  the  penitentiaries ; 
T?he  appropriation  for  the  benefit  of  the  prisoner  of  a  quota  of 
the  profits  arising  from  his  labour ;  a  more  generous  diet ;  the 
privilege  of  a  less  interrupted  family  correspondence  ;  the  right 
of  disposing  of  a  portion  of  the  funds  accruing  from  his  work ; 
4idmission  into  the  schools ;  domestic  employment :  and  recom- 
mendation to  mercy. 

The  rewards  usual  in  the  Bagnios  are :  Passing  from  a  lower 
to  a  higher  class  ;  being  made  an  overseer ;  exemption  for  a 
time  from  fetters ;  and  for  those  alone  who  have  reached  the 
highest  class,  recommendation  to  mercy. 

It  is  difficult  to  decide  which  class  of  couvict  punishment  is 
most  efficacious,  the  e£fect  depending  altogether  on  many  indi- 
vidual circumstances.  Solitary  confinement  generally  reduces 
to  order  and  quietness  even  the  most  obstinate,  and  this  because 
the  individual  so  punished  is  withdrawn  from  the  over-excite- 
ment produced  by  the  recurrence  of  the  spectacle  in  which  he 
is  both  actor  and  audience. 

Corporal  punishment  is  forbidden  by  the  rules  of  our  peniten- 
tiaries. By  the  regulations  of  1826,  flogging  was  the  punish- 
ment assigned  only  to  a  few  grave  misdemeanors ;  but  this 
regulation  was  modified  in  1863,  and  since  1860  it  has  never 
been  inflicted. 

The  local  director  has  authority  to  inflict  the  minor  punish- 
ments ;  for  heavier  ones  it  is  necessary  to  have  the  approval  of 
a  special  council ;  the  oflFending  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  General 

L   2 


148  CONDITION  OF  PRISONS. 

Central  Direction.  If  a  convict  become  guilty  of  an  act  judic- 
able by  the  ordinary  law,  the  magistrates  proceed  against  him 
and  award  the  fitting  sentence,  as  though  he  were  free. 

On  the  other  hand,  for  the  protection  of  the  prisoners,  we  have 
a  visiting  commission  (especially  for  the  houses  of  detention), 
an  authorised  direct  correspondence  between  the  prisoner,  the 
minister,  the  director-general,  the  central  inspector,  and  the 
magisterial  authorities,  as  well  as  the  inspection  of  the  prisons 
by  the  local  authorities,  and  by  the  central  inspectors. 

No  special  discipline  can  be  applied  to  the  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  establishment.  The  central  administration, 
however,  fully  recognising  the  many  benefits  which  would  accrue 
from  the  plan,  proposes  to  set  apart  a  penitentiary  where  so 
stringent  a  discipline  could  be  exercised  as  to  render  superfluous 
any  extraordinary  coercive  measures,  and  therein  to  gather 
together  those  convicts  who  by  craftiness,  oftener  than  by  open 
rebellion,  encourage  and  prompt  discontent  in  their  fellow- 
prisoners,  and  foment  that  perpetual  irritation  which  is  so 
hurtful  to  the  quiet,  confidence,  and  subordination  that  are  the 
primary  elements  towards  the  moral  rehabilitation  of  prisoners. 

4.  Religious  and  Moral  Agencies. — No  one  will  deny  that  re- 
ligion has  an  immense  infiuence  over  man ;  but  to  exercise  that 
influence  it  is  necessary  that  religion  should  be  sincere,  and 
implanted  in  the  heart,  and  it  is  in  nowise  to  be  confounded 
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  weight ;  but  with  the  remainder,  though  it  be  well  that 
the  ministers  of  religion  should  do  all  in  their  power  to  implant 
religious  feeling,  and  though  the  administration  neglects  nothing 
which  seems  conducive  to  the  same  end,  yet  it  does  not  consider 
moral  agencies  of  minor  importance,  and  the  greatest  of  these 
the  good  example  to  be  set  before  the  delinquents  by  the  be- 
haviour of  the  directing  officers  and  gaolers. 

In  some  provinces  there  were  voluntary  or  semi-official  visitors, 
and  Government  still  allows  such ;  but  the  administration  does  - 
not  deem  it  expedient  to  pass  an  opinion  as  to  their  practical 


ITALY.  149 

jQsefulness  so  long  as  the  commission  for  penitentiary  reform  is 
still  deliberating  on  this  important  question. 

5.  Secular  Indruction, — Our  administration  deems  a  secular 
and  industrial  education  a  principal  agent  for  the  reformation 
of  offenders.     Both  are  established  on  a  broad  scale,  and  to 

judge  of  the  former  (secular),  it  will  suffice  to  compare  the  in- 
struction possessed  by  those  who  enter  and  those  who  leave  our 
penitentiaries.  The  illiterate  amongst  the  former  amount  to  92 
per  cent,  in  the  Bagnios,  to  64  per  cent,  in  the  penitentiaries, 
and  to  60  per  cent,  in  the  juvenile  reformatories ;  whilst  among 
the  latter  the  illiterate  are  reduced  to  73  per  cent,  in  the  first, 
to  46  per  cent,  in  the  second,  and  as  to  the  last,  to  12  per  cent. 
in  the  houses  of  custody,  and  to  3  per  cent,  in  the  reformatories. 

In  each  penitentiary  there  exists  a  school,  to  which  is  ad- 
mitted 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  wider  range, 
as  it  admits  all  the  inmates  indiscriminately,  and  in  these  are 
specially  taught  drawing,  vocal  and  instrumental  music,  agri- 
culture, some  foreign  language,  etc.,  and  this  with  admii-able 
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. 

6.  Frisan  Labour. — We  seek  to  give  the  industrial  education 
X)f  our  prisoners  the  turn  which  appears  fitted  for  them,  and 
which  is  most  easily  mastered. 

In  our  penitentiary  system  there  is  no  labour  exclusively 
bearing  a  i^enal  character ;  with  us  labour  has  no  other  aim  than 
to  overcome  the  natural  propensity  to  idleness  in  the  criminal, 
to  accustom  him  to  a  life  of  activity  and  hardship,  and  to  give 
liim  the  means  of  obtaining  an  honourable  livelihood  when  the 
absence  of  such  means  had  caused  him  to  become  guilty. 

The  industrial  arts  mostly  practised  in  our  penitentiaries  are 
those  of  the  shoemaker,  carpenter,  blacksmith,  and  weaver,  and 
in  our  Bagnios  we  make  them  agriculturists,  labourers  in  the 
salt  deposits,  and  workers  of  cotton,  hemp,  etc. 

As  a  rule  the  produce  of  the  work  of  our  penal  establishments 
until  1868  was  appropriated  by  Government.  The  General 
JDirection,  however,  desired  to  make  the  experiment  of  the  system 


150  CONDITION  OF  PRISONS. 

of  contracts,  and  now,  out  of  35,  11  are  in  the  hands  of  private 
contractors.  But  the  question  which  of  these  two  systems  is 
most  suitable,  is  so  compKcated  that  the  administration,  as  yet, 
does  not  feel  itself  competent  to  declare  its  preference,  not 
having  enough  ground  to  go  upon ;  but  it  is  following  up  the 
subject,  and  has  published  and  will  continue  to  publish  all  the 
statistics  it  can  impartially  gather. 

The  criminals  in  the  Bagnios  also  work,  as  a  rule,  for  the 
Government  either  in  some  military  dock  or  in  improving  the 
land  annexed  to  the  penal  establishments.  In  some  localities 
the  prisoners  are  hired  out  by  contract  for  public  or  private 
labour,  the  contractors  paying  a  certain  fixed  sum  per  diem  to 
the  local  administration. 

In  the  houses  of  detention  for  youth,  Government  allows 
certain  tradesmen  the  gratuitous  labour  of  the  juveniles,  on 
condition,  however,  that  they  are  set  to  work  upon  some  art 
or  trade  which  at  a  future  time  may  serve  them  for  a  liveli- 
hood. 

According  to  the  last  statistics  every  male  inmate  of  a 
penitentiary  where  the  profits  of  labour  are  appropriated  by 
Government,  costs  the  Treasury  0,77,41  francs,  every  female 
0,68,81  francs  each  day,  deducting  however  the  profits  of  their 
labour  and  other  sources  of  income,  not  including  the  direct 
outlays  of  the  central  administration,  such  as  the  expense 
of  building,  the  salary  of  the  officials,  etc.  In  a  penitentiary  let 
out  by  contract,  each  criminal  costs  the  State  0,61,97  francs  per 
day  ;  a  criminal  in  the  Bagnios,  0,60,00  francs.  A  youth  in  the 
house  of  custody,  0,68,47  francs,  a  girl,  0,79,26  francs.  In 
the  reformatories,  a  boy,  0,81,24  francs,  a  girl,  0,79,04  francs, 
but  for  the  latter  this  includes  all  expenses. 

The  average  duration  of  apprenticeship  [apprentissage)^  in 
our  penitentiaries  is  three  months.  The  remuneration  for 
convict  labour  as  compared  with  free  labour  is  one-fifth  less. 
These  wages  are  divided  into  two  equal  parts,  one  of  which 
is  appropriated  by  the  State,  the  other  belongs  to  the  prisoner. 
In  the  penitentiaries  worked  by  Government  he  is  allowed  to 
spend  a  quarter  of  his  gain,  and  the  remainder  is  set  aside  to 
form  a  reserved  fund,  against  the  time  of  his  discharge.  The 
later  statistics  show  that  the  medium  reserved  fund  of  each 
discharged  criminal  amounts  to  40  francs. 


ITALY.  151 

A  short  time  ago  sevei^al  administration  reforms  were  intro- 
dnced  into  our  Bagnios.  By  the  old  regulations,  convict  labour 
was  i>aid  at  a  somewhat  lower  rate  than  the  bulk  of  free 
labonr,  but  the  contractors  were  allowed  to  give  the  prisoners 
a  separate  remuneration  and  more  than  the  regulation  diet. 
Haying  done  away  with  this  abuse  as  hurtful  to  discipline, 
to  the  interests  of  the  convicts,  and  to  those  of  the  State 
Treasury,  making  the  contractors  pay  a  more  equitable  sum 
for  the  work,  allowing  the  prisoners  to  spend  four-tenths 
of  their  gains,  and  laying  aside  one-tenth  for  their  reserved 
fund,  there  has  been  a  sensible  increase  in  the  profits.  Whilst 
the  payment  of  labour  during  the  first  three  months  amounted 
to  175,979  francs,  with  a  profit  to  the  administration  of  32,669 
francs ;  by  the  new  plan,  during  the  first  quarter  of  the  year 
1872,  the  payments  amounted  to  207,724  francs,  with  a  profit 
to  Government  of  93,162  francs.  As  all  our  criminals  must, 
according  to  law,  be  employed  in  occupations  more  or  less 
laborious,  but  always  useful  and  remunerative,  the  administra- 
tion cannot  exempt  from  labour  any  able-bodied  person  under 
any  pretext  whatever.  The  sentence  of  relegation  above  allows 
the  prisoner  the  option  of  work.  It  is  regulated  in  the  same 
manner  as  the  other  establishments. 

7.  Prison  Officers. — Our  staff  of  gaolers  is  proposed  by  the 

iocal  authorities,  confirmed  by  a  ministerial  decree,  and  paid 

from  the  public  treasury  at  a  fixed  rate.     The  staff  of  gaolers 

of  the  Mandamentali  gaols  alone,  forms  an  exception  to  this 

^ule,  for  it  is  proposed  by  the  Giunta  Communal,  and  paid 

y>j  the  Commune  from  the  sum  set  apart  for  this  purpose  in 

tlie  balance  of  its  accounts.     The  obligatory  term  of  service 

for  gaolers  is  six  years ;  in  making  choice  of  them  no  weight 

is   given  to  their  political  opinions,  but  only  to  their  probity 

^nd  zeal.     Up  to  last  year  these  officials  were  sub-divided  into 

"tlipee  classes,  namely,  gaolers  of  the  detention  gaols,  gaolers  of 

"^he  penitentiaries,  and  gaolers  of  the  Bagnios.    These  two  latter 

classes  are  now  merged  into  one.     The  salaries  of  the  simple 

gaolers  of  the  detention  prisons  are  from  660  francs   to  750 

Irancs.    Those  of  the  imder  {sotto  capt)  and  head  (capi)  gaolers 

are  horn  800  francs  to  1,200  francs.     In  the  penitentiaries  the 

salaries  of  the  first-named  are  from  560  fruncs  to  650  francs,  and 

those  of  the  second  and  third  from  700  francs  to  1,000  francs. 


152  CONDITION  OF  PRISONS. 

The  reason  of  this  difference  is  that  in  the  former  gaols  the 
gaolers  are  only  allowed  one  ration  of  bread,  whereas  in  the 
latter  they  are  provided  with  the  whole  of  their  food.  According 
to  the  nqw  rules  of  1871,  the  promotions  of  class  amongst  the 
lower  gaolers  are  regulated  thus :  one-half  the  number  by  merit, 
and  one-half  by  seniority ;  amongst  the  head  and  under  gaolers, 
two- thirds  of  their  number  by  merit,  and  one-third  by  seniority. 
The  promotions  in  rank  are  always  made  by  merit. 

The  proportion  of  gaolers  to  the  inmates  of  the  gaols  is :-  - 
In  the  preventive  gaols  5  per  cent.,  in  the  penitentiaries  7  per 
cent.,  and  in  the  Bagnios  8  per  cent.  The  punishments  which 
may  be  inflicted  on  the  *  head '  and  '  under '  gaolers,  are :  ad- 
monition, simple  arrest,  rigorous  arrest,  loss  of  rank,  and  loss 
of  situation.  For  the  gaolers,  simple  and  rigorous  arrest, 
lowering  of  class,  and  loss  of  situation. 

In  virtue  of  the  rules  in  operation  for  regulating  the  choice 
of  gaolers,  preference  must  be  given  to  those  who  have  served 
in  the  army,  but  candidates  for  the  office  not  being  numerous 
enough  to  fill  all  the  vacancies,  only  one  portion  of  our  gaolers 
is  taken  from  the  regular  army.  Considering  of  what  great 
utility  a  staff  of  gaolers,  not  nominated  indiscriminately,  but 
chosen  from  a  good  stock  and  appointed  with  such  conditions 
as  to  make  the  situation  worth  acceptance,  is,  to  the  prison 
administration,  special  negotiations  have  been  entered  into 
-with  the  War  Office  to  choose  them  from  among  the  soldiers 
in  reserve  and  not  under  arms,  and  from  the  second  category, 
and  to  subject  them  during  the  years  of  service  to  such 
military  discipline  as  is  compatible  with  the  penitentiary  ser- 
vice. We  have  good  hope  that  these  negotiations  will  be 
satisfactorily  concluded  ere  long,  and  this  reform  will  solve  one 
of  the  most  important  questions  of  prison  administration. 

But  as  a  gaoler  requires  special  gifts  and  knowledge  added 
to  uprightness  and  intelligence  faithfully  to  fulfil  his  trust,  the 
Administration  has  for  some  time  been  contemplating  the  idea 
of  establishing  i)reparatory  schools,  and  is  studying  the  best 
plan  for  their  regulation. 

8.  Sanitary  State  of  the  Prisons. — The  allowance  of  food  in 
our  gaols  varies  according  to  the  different  classes  of  prisons ;  in 
the  houses  of  detention,  where  the  inmate  is  allowed  to  procure 
liis  own  diet,  the  ration   allowed  is   one  bowl  of  soup  and 


ITALY.  158 

'50  grammes  of  bread.  In  the  penitentiaries  the  ration  is 
'50  grammes  of  bread  and  two  bowls  of  soup ;  in  the  Bagnios 
'50  grammes  of  bread  and  one  bowl  of  soup,  with  the  addition 
►f  a  portion  of  meat  once  a  fortnight. 

But  it  should  be  noticed  that  the  inmates  of  the  penal 
stablishments  worked  by  contract  and  of  the  Bagnios,  are 
Uowed  a  fund  from  which  to  increase  their  diet  as  best  they 
hoose,  whilst  in  the  penitentiaries  worked  by  Government  the 
onvict  who  within  a  month  accomplishes  a  certain  amount 
f  work  enjoys  during  the  following  month  what  is  called  the 
a^bourer's  diet,  and  if  he  accomplish  an  extra  quantity,  he 
njoys  what  is  called  the  reward  diet. 

The  labourer's  diet  is  composed  of  the  usual  rations  and 
iH  allowance  of  an  extra  dish  of  food  ;  the  reward  diet  adds 
0  this  an  allowance  of  wine  {vin  ordinaire)  three  times  a  week. 

In  what  concerns  the  system  of  ventilation,  warming,  &c., 
Fe  provide  as  best  we  can  in  the  older  buildings  which  are 
insulted  to  their  present  purpose ;  but  in  the  new  edifices  we 
Lse  the  most  recent  appliances  of  science.  The  privies  are 
lade  moveable  or  fixed  according  to  the  quantity  of  water 
lecessary  to  prevent  unhealthy  efiluvia ;  but  when  the  first  sys- 
em  is  adopted  the  receptacles  are  made  so  as  easily  to  be  rc- 
loved  and  to  close  hermetically,  and  the  cesspools  where 
hey  are  emptied  are  built  in  the  shape  of  towers,  so  that 
hey  may  be  isolated  from  the  main  building,  and  be  exposed 
0  the  air  on  all  sides. 

Taking  as  a  basis  the  year  1870,  and  as  a  starting-point 
f  comparison  the  average  population  of  our  houses  of 
etention,  the  mortality  rises  to  2*97  per  cent,  amongst  the 
lale,  and  1*77  per  cent,  amongst  the  female  inmates;  in 
he  penitentiaries  to  5*09  per  cent,  amongst  the  male,  and  to 
•41  per  cent,  amongst  the  female  i)risoners ;  and  in  the  Bagnios 
5  2'78  per  cent.  But,  if  we  note  the  proportion  as  compared 
dth  the  entire  population  of  our  prisons,  that  is,  including 
liose  who  are  and  those  who  have  been  inmates  during  the 
ear,  we  find  that  the  proportion  of  mortality  reaches  to 
•34  per  cent,  in  the  houses  of  detention,  3'44  per  cent,  in  the 
enitentiaries,  and  2*28  per  cent,  in  the  Bagnios. 

The  subject  of  mortality  being  the  most  difficult  and  per- 
lexing  question  of  our  prison  statistics,  has  induced  the  Italian 


154  CONDITION  OF  PRISONS. 

administration  to  consecrate  to  its  study  no  small  space  in  the 
works  which  it  publishes,  and  it  will  therefore  not  be  super- 
fluous to  observe  that  there  is  a  notable  difference  on  this  point 
in  our  various  gaols.  In  some  we  have  little  or  no  mortality, 
and  amongst  these  we  name,  Gavi,  Pianosa,  Montesarchio, 
Porto-Empedocle,  Ponza,  Bergamo,  Ambrogiana,  and  Trani. 

On  the  influence  of  various  diseases  the  administration  has 
always  seen  fit  to  note  the  frequency  of  special  cases,  the  re- 
lapses and  the  number  of  deaths  they  produce,  not  considering 
only  one  of  these  points  sufficient  data  from  which  to  draw 
useful  inferences,  and  to  make  a  stand  against  them  if  needful. 
Keeping  in  view  precisely  these  distinctions,  we  are  able  to 
state  that  in  the  last  three  months  the  diseases  most  common, 
or  returning  most  frequently  were  :  in  the  Bagnios,  fevers,  ani 
complaints  of  the  lungs  and  of  the  nervous  system ;  in  th^ 
penitentiaries,  complaints  of  the  lungs,  and  of  the  organs  o£" 
sense.     The  most  fatal  diseases,  or  those  oftenest  resulting  irt 
death,  in  the  Bagnios  as  well  as  in  the  penitentiaries,  were  com- 
plaints of  the  lungs,  of  the  lymphatic  glandular  system,  and 
of  the  vessels  of  the  heart.    The  most  tenacious,  or  those  need- 
ing the  longest  treatment,  in  the  Bagnios  as  well  as  in  the 
penitentiaries,   were   complaints   of  the   lymphatic   glandulax 
system,  and  complaints  of  the  bones  and  articulations. 

9.  Reformatory  Results. — Though  it  be  an  easy  task  to  the 
administration  of  the  Italian  prisons  to  expose  the  rules  by 
which  this  service  is  regulated,  and  though  it  finds  no  difficulty 
in  furnishing  the  data  and  statistics  which  relate  to  the  carry- 
ing out  of  penal  sentences,  yet  it  finds  it  an  arduous  task  to 
decide  the  question  whether  its  penitentiary  systeni  answers 
the  end  of  reforming  the  criminal,  and  whether  on  dischai^  a 
prisoner  is  morally  better  or  worse. 

US  we  take  into  consideration  the  privations  and  sufferings  to 
which  the  criminals  are  subjected,  the  teaching  they  receive, 
the  money  which  they  carry  away  with  them  at  the  expiration 
of  their  sentence,  and,  above  all,  the  expressed  opinion  of  the 
directors  of  our  penal  establishments,  we  may  suppose  that  our 
prison  discipline  is  really  efficacious  to  recall  to  the  right  path, 
many  who  had  deviated  from  it ;  the  more  so,  that  the  number 
of  relapses  into  crime,  as  gathered  from  the  judiciary  statistics 
of  1869,  scarcely  reaches  18  per  cent,  on  the  whole  body  of 


ITALY.  1 56' 

criminals ;  and  in  1871,  28  per  cent,  on  the  criminals  sentenced 
"to  a  term  beyond  twelve  months,  as  is  shown  by  the  registers 
existing  in  the  office  of  the  General  Prison  Direction.  How- 
ever, when  it  cemes  to  speak  on  the  effects  of  a  penitentiary 
system,  the  administration  believes  itself  justified  in  abstaining 
from  a  categorical  answer,  because  it  cannet  be  said  that  there 
exists  in  Italy  a  real  penitentiar}-  system,  and  to  compare  the 
effects  of  all  the  systems  which  are  now  in  use,  as  I  have  had 
occasion  to  observe,  would  necessitate  a  long  and  difficult  study. 
Moreover,  it  would  be  necessary  to  make  many  researches  relative 
to  discharged  criminals — ^researches  which  would  lead  us  off 
the  line  to  which  we  at  present  limit  the  action  of  the  General 
Prison  Direction.  The  only  means  we  have  of  noting  re-convic- 
tions, is  the  *  casellaro  giudiziario; '  but  it  is  but  a  few  years  that 
it  has  been  instituted  in  Italy,  and  it  cannot,  therefore,  as  yet, 
give  all  the  results  which  may  be  expected  from  it.  For  infor- 
mation relating  to  preceding  years,  we  have  the  registers  of  the 
provincial  tribunals,  and  the  prison  administration  receives 
from  them  information  about  every  criminal  sentenced  to  a 
term  exceeding  twelve  months,  and  for  whom  a  consignment  to 
some  penitentiary  is  requested.  On  these  criminals  the  propor- 
tion of  re-convictions,  as  has  been  said,  is  28  per  cent, ;  that  is, 
on  those  sentenced  to  the  Bagnios  23  per  cent.,  on  those  sen- 
tenced to  the  penitentiaries  30  per  cent,  for  the  male,  and  18  per 

■ 

cent,  for  the  female  delinquents. 

Concerning  the  nimiber  of  convictions,  a  most  important  fact 
may  be  gathered  from  the  registered  statistics  of  the  adminis- 
tration relative  to  the  time  elapsing  between  the  discharge  and 
the  committal  of  fresh  crime.  From  these  we  find  that  of  those 
sentenced  to  the  Bagnios  27  per  cent,  relapse  within  the  first 
year;  16  per  cent,  within  the  first  two  years,  and  57  per  cent. 
beyond  that  space  of  tiuie.  The  re-convictions  of  those  sen- 
tenced to  the  penitentiaries  are  37  per  cent,  within  the  first 
year,  19  per  cent,  within  two  years,  and  44  per  cent,  beyond 
that  lapse  of  time  ;  and  amongst  the  females,  40  per  cent,  within 
the  first  year,  16  per  cent,  within  two  years,  and  38  per  cent. 
beyond  that  time. 

10.  Sentences, — According  to  the  laws  of  our  countrj-,  the 
*  pretori,'  (or  mandamentali  magistrates)  may  award  a  sentence 
not  exceeding  three  months.    The  tribunals  which  judge  crimes 


156  CONDITION  OF  PRISONS. 

of  a  graver  nature  can  award  a  sentence  of  imprisonment  from 
six  days  to  five  years ;  but  the  judicial  statistics  keep  no  account 
if  the  same  person  be  repeatedly  condemned  for  infraction  of 
laws— ^contravenzioni' — as  the  penal  code  in  operation  does 
not  recognise  as  crime  a  simple  transgression,  and  therefore 
does  not  consider  a  second  infraction  of  the  law  a  relapse. 

The  cases  of  escape  in  1870,  which  is  the  last  year  of  which 
account  has  been  given  in  our  official  publication,  were  238  from 
the  houses  of  detention,  two  from  the  penitentiaries,  and  eleven 
from  the  Bagnios,  But  as  to  the  first  of  these,  it  should  be 
observed  that  their  number  amounts  to  about  2,000,  and  that 
the  *  mandamentali '  prisons,  often  situated  in  insecure  loca- 
lities, and  often  entrusted  to  a  single  gaoler,  do  not  present  all 
the  safegurds  which  would  be  desirable.  In  order  to  form  to 
itself  an  exact  conception  of  this  most  serious  fact,  the  adminis- 
tration, ever  since  the  commencement  of  1870,  has  established 
special  statistical  registers,  and  it  refers  all  those  who  desire 
to  have  fuller  information  on  this  point,  to  its  later  publi- 
cations. 

In  regard  to  regulations,  we  have  in  vigour  two  differeni 
systems  of  legislation  :  that  of  the  Sardinian  States — which  has 
been  extended  to  the  other  provinces  of  the  kingdom  since  their 
annexation — and  the  legislation  of  Tuscany. 

By  the  former,  the  prisoner  who  escapes  by  breaking  through 
bars  or  walls  or  by  using  violence,  is  sentenced  to  imprisonment 
for  a  term  of  from  six  to  twelve  months,  or  to  separate  confine- 
ment if  he  has  used  weapons.  As  to  the  gaolers,  a  distinction  is 
made  between  connivance  and  negligence.  In  the  first  case, 
they  are  punished  according  to  the  gravity  of  the  accusation 
brought  against  them,  or  of  the  sentence  which  hung  over  the 
'escaped  prisoner ;  while  in  the  latter,  they  are  punished  with 
imprisonment,  according  to  the  gravity  of  this  same  act  of 
neglect. 

By  the  Tuscan  legislation  the  prisoner  who  escapes  by  break- 
ing through  bars  or  walls  is  punished  with  from  two  to  eighteen 
months'  imprisonment;  and  if  accompanied  by  violence,  with 
imprisonment  or  separate  confinement,  according  to  the  gravity 
of  the  evil  which  he  has  caused.  The  gaolers  are  always 
punished  with  imprisonment  for  from  two  months  to  two  years. 
Bearing  in  view  the  importance  of  this  question,  the  Italian 


ITALY.  157 

Prison  Eeform  Commission  has  thought   fit   to   make  it  the- 
subject  of  an  especial  study. 

11.  Kinds  and  Causes  of  Criminality. — Following  up  the  results- 
shown  by  the  statistical  registers  of  the  General  Direction,  and 
treating  of  those  criminals  sentenced  to  a  term  exceeding  twelve 
months,  we  find  that  the  crimes  in  the  greatest  majority  in 
1871  were  those  committed  against  persons  and  against  pro- 
perty. The  first  bear  the  proportion  of  46  per  cent,  of  those 
sentenced  to  the  Bagnios,  of  35  per  cent,  of  those  sentenced  tO' 
the  penitentiaries,  and  of  28  per  cent,  of  female  criminals.  The 
second  instead  are  in  proportion  of  30  per  cent,  of  the  inmates^ 
of  the  Bagnios,  47  per  cent,  of  those  of  the  penitentiaries,  and 
'^3  per  cent,  of  the  number  of  female  convicts  in  general. 

As  to  the  proposal  fot  the  classification  of  crimes,  the  ad- 
ministration calls  the  attention  of  those  interested   in  disci- 
plinary statistics  to  the  classification  which  it  has  compiled  in 
its  last  publication,  and  which  possibly  is  not  without  interests 
The  most  common  incentives  to  crime  were  : — Cupidity  (48  per 
cent,  of  the  inmates  of  the  Bagnios,  51  per  cent,  of  those  of 
^li«  penitentiaries,  and  59  per  cent,  of  the  female  convicts  in 
er^neral).     Revenge  (15  per  cent,  in  the  Bagnios).     Anger  (15 
per  cent,  of  the   criminals   of  the   penitentiaries).     Unlawful 
passion   (7   per   cent,   of  the   number  of  female  prisoners  in 
general). 

12.  Juvenile  Reformatories, — As  was   previously  stated,  the 
^limber  of  reformatories  in  Italy  is  33,  of  which  23  are  for  boys 
^^i  9  for  girls.     They  are  rather  of  an  educative  than  a  penal 
^s-ture,  and  their  character  is  an  entirely  private  one,  as  they 
^ve  been  instituted  either  by  individual  benevolence  or  by 
^Witable  associations.     Government  makes  use   of  them  for 
^ose  juveniles  who  fall  under  the  censure  of  police  law  (*  pub- 
"'ica  sicurezza')  for  idleness  or  vagrancy ;  also  for  the  detention, 
^f  those  who  are  placed  in  them  for  correction  by  paternal 
^ithority.     Of  these  establishments,  twenty-five  are  industrial,., 
^ndsii  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  juvenile  offenders 
irlio,  having  been  overtaken  by  penal  law,  have  behaved  par- 
ticularly well. 

Detention  in  the  reformatories  for  correction  by  paternal 


1S8  CONDITION  OF  PRISONS. 

desire  having  been  mentioned,  it  is  well  to  add  that  by  the 
222nd  article  of  our  civU  code,  a  father  has  the  power  of  placing 
his  son  in  a  honse  of  correction  and  of  keeping  him  there  until 
he  reach  his  majority.  For  this  purpose  he  need  only  present 
himself  before  the  president  of  the  civil  tribunal,  whose  duty  ii 
is  to  provide  him  with  the  order  requested,  and  by  virtue  oi 
this  order  the  minor  can  be  conducted  to  the  institution  tc 
which  he  is  destined,  and  from  which  his  father  can,  withoul 
any  formalities,  withdraw  him  whenever  he  so  pleases. 

The  questions  arising  from  this  state  of  things  being  manj 
and  serious,  the  Central  Administration  thought  itself  called 
upon  to  draw  the  attention  of  the  Italian  Penitentiary  Eefonr 
Commission  to  the  subject,  and  it  is  persuaded  that  the 
difficulties  will  be  completely  solved. 

The  number  of  juveniles  sheltered  in  the  reformatories  k 
1870,  was  2,268,  of  whom  1,895  were  boys  and  878  girls.  Th( 
total  number  of  their  inmates  on  December  31  of  the  same 
year,  was  2,465,  of  whom  2,066  were  boys  and  399  girls,  thui 
classified  : — For  idleness  and  vagrancy :  boys,  1,981 ;  girls,  399 
As  paternal  discipline :  boys,  135  ;  girls,  0.  Parents  are  undei 
no  obligation  to  provide  for  the  maintenance  of  a  child  who  ii 
confined  in  a  reformatory  for  idleness  or  vagrancy ;  but  whei 
a  father  places  him  in  one  of  these  establishments  for  correction 
the  State  charges  him  If.  (lOd.)  per  day.  He  is,  however 
exonerated  in  part  or  entirely  from  this  charge  if  he  can  prove 
himself  indigent,  so  that  the  expenses  in  these  establishments 
exceed  the  income. 

Concluding  this  rapid  sketch,  the  administration  presumes  to 
hope  that  it  has  followed  the  line  traced  out  by  the  programme, 
and  kept  within  the  narrow  limits  conceded  to  it.  It  presents 
its  salutations  to  the  world-wide  gathering  which  meets  to 
study  the  difficult  problem  of  the  repression  of  crime,  and  ex- 
presses its  hearty  desire  that  a  continued  and  cordial  cor- 
respondence should  be  established  between,  at  least,  those 
prison  administrations  which  have  responded  to  the  call,  a^ 
between  members  of  one  and  the  same  family. 

The  Director-General  of  Prisons, 

r.  Caedon. 

Some,  June  1872. 


i 


MEXICO.  1S9 


MEXICO. 

1.  The  prisons  are  in  each  municipality  under  the  care  of  a 
-commission,   under  the  inspection   of  the   Governors  of  the 

States,  and  in  Mexico,  in  particular,  under  that  of  the  Governor 
■of   the    District   and   of    the    Home    Secretary   {Ministro   de 
Cfohemacion). 

2.  In  the  capital  there  are  two  prisons,  one  for  those  simply 
detained,  and  the  other  for  adult  prisoners  who  are  to  be  tried, 
or  have  already  been  sentenced.  As  to  young  children  who 
are  condemned  to  a  term  of  imprisonment,  they  are  placed  in 
the  establishment  called  '  Hospicio  de  Pobres.' 

For  the  punishment  of  children  above  nine  but  under 
eighteen,  who  have  wilfully  transgressed,  there  is  a  special 
establishment  where,  at  the  same  time,  they  receive  an  ele- 
mentary religious  education,  and  learn  a  trade.  As  to  political 
offences,  it  has  been  taken  into  consideration  that,  if  they  in 
some  cases  proceed  from  unruly  passions,  they  may  in  some 
others  be  the  result  of  errors  of  opinion  and  yet  of  good  inten- 
tions. Tor  this  reason  the  oflTenders  of  this  class  are  not 
placed  on  the  same  level  as  the  real  criminals,  but  are  simply 
confined  in  a  prison  used  only  for  this  object. 

3.  The  system  hitherto  adopted  in  the  Federal  District  and 
in.  those  States  which  have  come  under  the  notice  of  the 
Commission,  is  that  of  associated  prisons. 

4.  The  results  of  the  system  to  which  the  previous  answer 
refers  have  been  very  sad,  and  though  the  Commission  has 
^^^^en  unable  to  obtain  on  this  point  any  statistical  and  official 
^ata,  it  can  from  its  own  experience  state  with  certainty  that 
^  general  the  offenders  have  left  the  prisons  worse  than  they 
^^*^e  when  they  entered  them.  This  evil  being  well  known, 
P®*^itentiaries  on  the  cellular  system  are  in  course  of  erection 

• 

^  tite  capital  of  Jalisco,  in  that  of  Durango,  in  that  of  Puebla, 
^^  in  Mexico.  Only  one  of  these  is  at  present  finished.  The 
^iximission  is  in  favour  of  the  system  of  individual  imprison- 
ift^xit,  that  is  to  say,  for  the  constant  separation  of  the  prisoners ; 
^"t  it  recommends  that  they  should  be  allowed  to  communicate 
"vvth  other  persons  capable  of  instructing  them  in  religion  and 
BK>rality    This  is  the  system  adopted  in  the  new  code. 


160  CONDITION  OF  PRISONS. 

5.  Of  the  two  parts  comprised  in  this  question,  the  first 
refers  to  a  question  of  fact  of  which  the  Commission  cannot 
yet  speak  with  certainty.  As  to  the  second,  it  appears,  that  as 
far  as  the  Federal  District  and  Lower  California  are  concerned, 
the  prisoners  contribute  from  40  to  50  per  cent,  out  of  the 
proceeds  of  their  work,  towards  the  expenses  and  improvement 
of  the  prisons. 

6  and  7.  This  question  referring  also  to  a  matter  of  fact,  the 
Commission  cannot  answer  it  for  want  of  necessary  data. 

8.  Schools  for  the  education  of  prison  officers  do  not  exist  in 
this  Republic. 

9.  We  lack  the  necessary  data  to  answer  this  question. 

10.  Hard  labour  has  been  abolished  by  the  new  code,  and 
between  imprisonment  and  reclusion  there  is  the  following 
difference:  Simple  imprisonment  is  awarded  to  those  above 
eighteen  years  of  age  who  are  guilty  of  misdemeanor.  Reclu- 
sion is  awarded  to  those  criminals  who  have  been  mentioned  in 
the  answer  to  question  2.  When  the  offender  is  insane, 
decrepit,  or  of  tender  age,  he  is  placed  in  a  hospital  suited  icr 
his  special  circumstances. 

11.  See  answer  to  question  2. 

12.  It  is  provided  in  the  new  code  that  offenders  sentenced 
to  ordinary  imprisonment  or  to  reclusion  in  an  establishment 
of  penal  repression  for  two  years  or  more,  and  who  have 
uniformly  behaved  well  during  a  period  equal  to  half  the 
time  their  confinement  is  to  last,  have  the  remaining  period  of 
imprisonment  remitted  conditionally.  This  is  called  preparatorj' 
liberty.  Offenders  can,  by  means  of  preparatory  liberty,  not 
only  obtain  a  diminution  of  their  punishment,  but  they  can 
also  receive  a  free  pardon,"  if  they  have  by  their  good  conduct 
shown  themselves  worthy  of  it.  Any  punishment,  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  during  the  second  or  third  portion  of  his  time. 

13.  All  proceeds  of  the  work  of  the  prisoners  is  given  to 
them  if  they  have  been  condemned  for  political  offences,  or  if 
they  are  detained  for  minor  offences  against  the  law ;  but  in 
the  case  of  those  condemned  for  misdemeanor  or  felony  to 
imprisonment  or  reclusion,  they  have  25  per  cent,  if  the  punish- 


MEXICO.  161 

onent  lasts  more  than  five  years,  or  28  per  cent,  if  the  time  is 
less.  (Article  85  of  the  Code.)  To  these  25  and  28  per  cent. 
5  per  cent,  more  is  added  when  a  criminal  has  obtained  by  his 
good  conduct  his  preparatory  liberty.  Moreover,  if  he  supports 
liimself  by  his  work  out  of  the  establishment,  another  5  per 
cent,  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  out  of  their  work,  and  that  they  maintain  with  free 
persons  an  intercourse  which  may  be  useful  to  them  when  they 
recover  their  liberty,  to  enable  them  to  earn  their  livelihood 
without  returning  to  a  cai*eer  of  crime. 

14.  Besides  the  favours  which  have  been  enumerated  in  the 
answer  to  the  twelfth  question,  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  establish- 
ment permit.  They  may  apply  one-tenth  of  their  reserve-fund 
to  the  purchase  of  any  articles  of  furniture  or  comfort  which 
the  rules  do  not  prohibit.  The  kind  of  work  their  sentence 
condenms  them  to  perform  may  be  commuted  into  one  better 
suited  to  their  education  and  habits. 

15  to  17.  These  are  imanswered. 

18  and  19.  There  are  not  chaplains  in  all  the  prisons,  nor 
ministers  of  all  denominations ;  and  when  chaplains  are 
appointed,  these  have  no  well-defined  official  duties  to  perform, 
except  as  far  as  their  ecclesiastical  functions  are  concerned,  and 
their  duty  of  course  is  always  to  advise  and  comfort  the  prisoner, 
and  direct  him  towards  reformation. 

20.  The  Commission  believe  religion  to  be  the  most  valuable 
means  of  reforming  the  prisoner. 

21.  On  the  days  and  during  the  hours  allowed  by  the  rules, 
the  doors  of  the  prison  are  open  not  only  to  the  members  of  the 
protective  boards,  but  also  to  all  persons  who,  according  to  the 
jadgment  of  the  Council  of  Vigilance  {mnta  de  vigilancia),  are 
capable  of  contributing  to  the  moral  improvement  of  the 
prisoners. 

22.  Sunday-schools  exist  in  some  prisons,  in  others  not. 

23.  The  favour  of  writing  and  receiving  letters  is  generally 
limited.     The  Councils  of  Vigilance  of  the  prisons,  to  which  it 


162  CONDITION  OF  PRISONS. 

belongs  to  propose  the  reforms  which  it  deems  advisable,  haye 
the  power  tp  determine  what  rules  are  to  be  followed. 

24.  The  results  of  this  correspondence  are  not  ver}-  satis- 
factory ;  and  it  would  be  desirable  that  prisoners  could  only 
correspond  with  those  who  can  exert  a  beneficial  influence  upon 
them. 

25  to  27.  Formerly  prisoners  could  be  visited  by  all  their 
friends ;  now  only  those  persons  are  admitted  who  have  leave  of 
the  Council  of  Vigilance,  when  they  are  believed  by  the  mem- 
bers of  that  body  capable  of  improving  the  moral  condition  of 
the  prisoners  by  their  advice  and  their  example.  In  that  case 
there  is  no  necessity  to  employ  anyone  to  listen  to  the  conver- 
sations. 

28.  Nil. 

29  to  31.  Schools  do  not  exist  in   all  the  prisons.      When, 
there  are  any,  they  are  generally  frequented  by  all  prisoners  who 
are  sufficiently  ignorant.     The  education  imparted  consists  of 
the  various  branches  of  primary  instruction,  and  of  religious  and 
moral  teaching.     The  progress  made  is  always  satisfactory. 

32.  There  are  no  libraries  in  our  prisons. 

33.  Generally  prisoners  do  not  read  much,  as  they  belong 
for  the  greater  part  to  the  lower  classes  of  society  where  educa- 
tion is  seldom  imparted.     Many  are  not  able  to  read. 

34  to  48.  We  have  grouped  all  these  questions,  although  they 
comprise  points  very  diflerent  from  each  other,  as  they  refer  to 
facts  for  which  we  have  no  sufficient  data.  It  is  unnecessary  to 
warm  the  prisons  artificially,  on  account  of  the  mildness  of  our 
climate. 

49.  In  Mexico  there  is  no  penal  labour,  neither  does  the  Com- 
mission think  it  desirable  that  there  should  beany;  because 
this  does    not   contribute  to  the  moral  improvement  of  the 
prisoners,  and  because  to  render  this  kind  of  punishment  eflfec- 
tual,  it  would  often  be  necessary  to  use  actual  violence,  which 
humiliates  and  degrades  those  who  suffer  it.      On  this  is  based 
article  80  of  the  Code,  which  prohibits  the  use  of  physical 
violence  to  compel  prisoners  to  work ;  and  ordains  that  in  case  oET 
refusal  on  their  part,  they  should  be  placed  in  absolute  solitudes 
for  a  space  of  time  double  that  during  which  their  refusal  lasts  — 
The  Commission  believes  that  in  lieu  of  penal  labour,  the  mean^ 
mentioned  by  article  95  of  the  Code,  can  be  applied  by  wa; 


MEXICO.  163 

of  punisliment  with  the  best  results ;  viz.,  a  fine ;  privation  of 
reading    and  writing;   diminution  of  the   quantity  of  food; 
increase  of  the  hours  of  work,  and  of  the  work  itself;  absolute 
reclnaion  with  privation  of  tobacco. 
50  to  56.  Nil. 

57.  Contracts  for  prison  labour  are  forbidden. 

58.  It  is  considered  very  important  that  during  their  confine- 
ment 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  reduces  them  to 
poverty,  and  leads  them  to  commit  fi-esh  offences. 

The  means  which  the  Penal  Code  has  adopted  to  avoid  this, 
are:     First,  to  increase   the   percentage  which  is  granted  to 
prisoners  out  of  the  proceeds  of  their  work  when  they  support 
themselves  out  of  the  prison ;  this  has  for  its  result  that  they 
acquire  the  habit  of  self-support,  and  also  that  they  remain  in 
oonstant  intercourse  with  free  people,  which  is  of  great  use  to 
ihem  when  they  recover  their  liberty.     Secondly,  it  has  also 
been  decided  that  the  prisoners  to  whom  preparatory  liberty 
baa  been  granted,  are  to  be  transferred  six  months  before  to 
another  establishment  designed  for  the  purpose;  that  during 
thia  period  they  are  not  to  be  separated  from  theu'  fellow- 
prisoners  ;  and  that  if  their  conduct  is  good,  they  are  to  be 
allowed  to  go  out  to  run  errands  or  to  seek  work,  until  they 
are  restored  to  liberty.     And  lastly  it  has  been  ordained  that 
the  members  of  the  Protective  Boards  are  to  be  visited  by  the 
^^fenders,  after  these  have  recovered  their  liberty,  and  are  to 
procure  them  any  honest  work  suited  to  their  circumstances. 
This  is   provided    for    by    articles   85,   86,    and   136   of  the 
fexuJ  Code,   and   in    the   ordinance   which   Government   has 
®»cted  in  addition  to  article  24  of  the   transitory  law;  all 
^  without   prejudice   to   the   protection   given   to   released 
Prisoners  by  the  various  benevolent  societies,  which  visit  the 
8>ola  for  the  purpose  of  contributmg  to  the  moral  regeneration 
^  the  criminals  who  are  confined  in  them. 

59,  The  Commission  thinks  that  evil  consequences  result 
ftom  the  fact  that  imprisonment  is  inflicted  for  slight  offences, 
^'"fttt  when   the  same    person  is   not    repeatedly  committed, 

u  2 


i 


164  CONDITION  OF  PRISONS. 

especially  when  the  oflfender  is  sent  to  an  establishment  where 
prisoners  are  kept  together. 

60.  Nil. 

61.  Ee-conviction  receives  the  punishment  which,  the  at- 
tenuating or  aggravating  circumstance  of  the  case  being  con- 
sidered, ought  to  be  awarded  to  the  oflfence  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 
offence,  and  if  it  is  not  for  the  first  time  that  he  relapses  into 
crime,  the  increase  of  punishment  may  be  doubled. 

62.  Imprisonment  for  debt  was  abolished  in  our  country  as 
early  as  1812  by  the  Spanish  constitution.  This  abolition  has 
been  maintained  by  our  various  constitutions. 

63.  Among  the  most  general  causes  of  crime  in  our  country, 
are  want  of  education  in  the  lower  classes,  abuse  of  intoxi- 
cating drinks,  and  poverty. 

Among  the  temporary  and  transitory  causes  which  occasion 
the  crimes  and  offences  committed  in  our  country,  the  Com- 
mission thinks  that  the  most  active  are  the  following :  the 
prolongation  of  civil  war;  the  pressing  to  obtain  soldiers; 
the  bad  state  of  our  prisons;  the  commotion  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  philanthropists  have  of  late 
1)ecome  aware  of  the  importance  and  convenience  to  the  public 
of  the  establishment  of  a  penitentiary  system,  the  financial 
difficulties,  the  little  stability  of  pur  governments,  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  attention, 
have  until  now  prevented  the  realisation  of  this  great  social 
reform.  Consequently,  great  criminals  and  petty  offenders 
being  indiscriminately  mixed  in  our  prisons,  the  contact,  the 
bad  conduct,  and  the  example  of  the  former,  have  exercised  a 
baneful  influence  on  the  latter;  and  generally  those  who, 
having  offended  against  the  law,  are  sent  to  our  prisons,  and 
those  who  have  remained  some  time  in  them,  far  fix)m  being 
reformed,  leave  the  gaol  considerably  worse  than  when  they 


MEXICO.  165 

^rst  pass  under  its  gates.  The  improvement  of  our  political 
state  will  also  contribute  to  do  away  with,  or  at  least  to  lessen^ 
ijhe  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  opinion,  one  of  the  first  objects  to 
which  Government  ought  to  devote  its  attention,  so  soon  as  we 
have  put  into  practice  the  principle  that  administration  cannot 
be  reformed  by  any  other  means  than  the  pacific  action  of  the 
laws,  and  that  in  consequence  people  are  no  longer  exclusively 
preoccupied  with  the  care  of  their  own  preservation. 

One  of  the  distinctive  characteristics  of  all  the  sects  which 
are  derived  from  Christianity  is  the  close  connection  A\hich  this 
doctrine  has  with  the  principles  of  morality. 

In  paganism  there  were  two  orders  of  ideas  independent  in 
every  point,  so  that  the  relations  of  the  visible  with  the  in- 
visible world  had  nothing  in  common  with  innocence,  crime,  or 
the  obligatory  necessity  of  determined  action.     This  intimate 
and  close  relation  which  all  the  Christian  sects  establish  be-^ 
tween  their  doctrines  and  human  conscience,  has  had  for  its  con- 
stant result  that  there  have  always  been  changes  of  opinion 
which  have  caused  certain  modifications  in  those  moral  precepts 
which  were  formerly  recognised  and  respected  by  all.    Although 
the  ecclesiastical  reforms  made  among  us  did  not  tend  directly 
to  introduce  innovations  in  our  faith,  as  this  would  have  been 
in  opposition  to  the  tendencies  of  our  age,  yet  the  ecclesias- 
tical institutions  which  have  been  modified  have  in  the  eyes  of 
the  ignorant  public  such  a  close  connection  with  religious  belief 
that  many  persons  of  this  class  could  not  see  such  innovations 
made  without  experiencing  a  kind  of  perturbation  in  the  belief 
they  had  in  the  religious  dogmas  which  they  had  previously 
professed,  and  in  the  moral  precepts  to  which  they  formerly 
fhoaght  themselves  compelled  to  subject  their  actions.     This 
feeling  has  relaxed  in  many  among  the  imperfectly  educated 
classes  of  this  country  the  principles  of  morality  to  which  they 
thought  before  they  were  bound  to  submit  themselves,  and  the 
result  has  been  that  these  principles  have  been  violated  in  many 
eases,  and  that  at  the  same  time  an  increase  of  crimes  and 
Tffences  lias  been  noticed  among  these  classes. 

64.  Women  always  much  less  in  number  than  men. 

6fi«  Though  the  moral  reform  of  criminals  has  been  provided 
bar,  deterrence  has  been  considered  as  the  primary  object. 


166  CONDITION  OF  PEISONS. 

66.  They  have  so  far  left  the  prisons  in  a  worse  state,  owing 
to  the  reasons  given  in  the  preceding  answers ;  but  the  changes 
introduced  by  the  Penal  Code  will  necessarily  contribute  to  the 
improvement  of  prisoners. 

67  and  68.  Referring  to  the  Federal  District — the  only  part  of 
the  republic  on  which  we  possess  positive  information— we  have 
to  say  that  committees  of  vigilance  are  being  established,  and  to 
them,  among  others,  belongs  the  duty  of  aiding  discharged 
prisoners  in  finding  work. 

69.  We  have  had  already  occasion  to  say  that  the  peni- 
tentiary system  is  not  yet  established  in  our  country.  The 
efforts  which  have  been  made  to  establish  it  have  so  far  been 
fruitless.  But  as  there  is  among  us  an  earnest  desire  to  reform 
our  prisoners,  we  have  reason  to  hope  for  success. 


THE  IfETHEBLAHSS. 

1.  All  the  prisons  in  the  Netherlands  are  under  the  superior 
direction  and  control  of  the  minister  of  justice,  and  the  general 
inspection  of  the  prisons  has  hitherto  been  made  by  an  inspector, 
who  has  his  deputy  in  the  bureau  of  the  department  of  justice. 
For  the  inspection  of  the  buildings,  an  engineer-architect  is 
attached  to  the  same  department.  Further,  according  to  the  pro- 
visions of  our  code  of  criminal  procedure  (article  421),  the  courts 
and  tribunals  are  required  to  cause  the  prisons  to  be  inspected, 
from  time  to  time,  by  members  assigned  to  that  duty,  and  the 
same  obligation  rests  upon  the  attorneys-general,  and  upon  the 
officers  of  justice  {procureurs  du  rot).  These  latter  are  bound 
to  make  this  inspection  at  least  twice  a  year.  33ie  reports  of 
all  these  inspections  are  addressed  to  the  minister. 

The  administration  of  the  several  prisons  is  confided  to  ad- 
ministrative commissions,  named  in  each  locality  where  a  pmon 
exists.  The  members  of  these  commissions  are  named  by  the 
king,  from  among  the  notables  of  the  localitjr,  who  receive  no 
salary.  Whatever  appertains  to  the  local  administration,  to  the 
internal  service,  to  the  discipline,  and  to  the  eKecntion  of  tiie 
general  and  special  regulations,  is  confided  to  these  ootnmiissksis. 


THE  NETnERL.VNDS.  1G7 

or  is  done  tlirougli  their  agencj'.  Tliey  are  in  official  relation 
with  the  minister,  either  directly  or  by  the  deputy  of  the  royal 
commissiouer  ( governor )  of  the  province,  their  immediate 
superior  and  their  honorary  president. 

2.  There  are  four  classes  of  j^risons :  The  central  prisons,  for 
persons  sentenced  to  more  than  eighteen  months  of  imprison- 
ment ;  the  detention  prisons,  in  the  chief  cities  of  the  several 
provinces,  for  persons  sentenced  to  eighteen  months  or  less ; 
houses  of  arrest,  in  the  chief  towns  of  the  several  arrondissements, 
for  persons  sentenced  to  three  months  or  less ;  and  police  or 
cantonal  prisons,  in  the  chief  places  of  the  cantons,  for  persons 
sentenced  to  one  month  and  under. 

In  some  cantons  these  i)risons  are  united  together.     Among 
the  prisons  there  are  several  on  the  cellular  plan.     In  the  three 
last-named  classes  of  jDrisons  are  also  prisoners  under  arrest, 
and  awaiting  their  trial. 

3.  The  law  has  left  it  to  the  discretion  of  the  judge  to  award 
either  associated  imprisonment  or,  when  the  circumstances  of 
tli€  ofience  or  the  character  of  the  convict  appear  to  him  to 
r'equire  it,  or  he  himself  judges  it  useful,  imprisonment  on  the 
cellular  plan.  This  power,  at  iirst,  in  1851,  restricted  to  the 
<5a.se  of  a  sentence  to  one  year's  imprisonment  or  less,  was  ex- 
"^iided  in  1864  to  sentences  of  two  years,  and  afterwards,  in 
^  S  71,  to  sentences  of  four  years.  In  no  case,  however,  can  the 
s^^utence  to  cellular  imprisonment  exceed  the  moiety  of  the 
'^'Jration  of  imprisonment  in  association,  which  may  have  been 

P^X)nounced  by  the  judge.  The  maximum  of  cellular  imprison- 
ment is  therefore  actually  two  years.  To  persons  sentenced  for 
^  violation  of  police  regulations  cellular  detention  is  not 
applicable. 

4f.  To  obtain  decisive  results — results  of  which  a  judgment 

^*^y  be  formed  with  some  degree  of  certainty  on  the  relative 

^^rit  of  the  two  systems — it  would  be  necessary  that  the  appli- 

^ion  of  the  systems  be  made  in  a  uniform  and  not  an  arbitrary 

^imer,  which  would  permit  a  fair  comparison  of  the  results 

<^^tained.    Now  this  application  is  still  made  (see  the  description 

given  under  No.  3)  in  a  manner  very  irregular  and  little  har- 

®<>iuous.     Consequently  there  yet  exists  a  great  diflference  of 

(qphuon  on  the  question  of  preference,  and  above  all,  on  the 

results  obtained,  and  which  might  be  obtained,  by  a  judicious 


168  CONDITION  OF  PRISONS. 

application  of  the  two  systems.  Still  it  may  be  said  that  the 
cellular  system  (in  itself,  and  apart  from  the  manner  of  apply- 
ing it,  and  the  limits  which  should  be  imposed  upon  it) 
scarcely  encounters  any  adversaries  ;  and  for  imprisonments  of 
short  duration  the  opinion  which  desires  a  universal  application 
of  this  system  is  gaining  ground.  As  regards  imprisonments 
of  long  duration,  public  opinion  is  still  too  unsettled  and  too 
undecided  to  even  permit  a  judgment  of  the  direction  which  it 
will  finally  take. 

5.  The  funds  necessary  for  the  maintenance  of  the  prisons 
and  the  prisoners  are  placed,  annually,  on  the  budget  of  the 
kingdom.  The  product  of  the  prisoners'  labour  contributes  to- 
them  only  in  a  proportion  very  inconsiderable,  because  only  a 
part  of  it  is  retained  for  the  State.  This  part  is  60  per  cent, 
for  those  sentenced  to  reclusion  and  military  prisoners,  50  per 
cent,  for  other  inmates  of  the  central  prisons,  and  30  per  cent, 
for  those  confined  in  other  prisons. 

6.  As  to  the  appointment  of  officers :  The  directors  of  the 
central  prisons  are  named  by  the  king ;  the  other  employes  by 
the  minister  of  justice.  They  hold  their  offices  until  they  are 
displaced,  dismissed,  or  retire  from  the  service. 

7.  We  hold  it  to  be  necessary  that  the  directors  and  emploijes 
of  the  prisons  be  men  of  tried  morality,  intelligent,  and  gifted 
with  tact,  and  with  the  laiowledge  necessary  to  inspire  the  re- 
spect of  the  prisoners,  even  without  the  use  of  a  severe  disci- 
pline.    This   respect   depends   principally  upon   the   spirit  or 
justice,  equity,  and  humanity  which  they  exhibit  in  their  rela- 
tions with  the  prisoners.     In  the  directors,  especially,  there  is 
needed  a  high  degree  of  mental  culture  and  an  enlightened 
understanding  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  discipline,  and  to  communicate  with  the 
foreign  prisoners.     Unhappily,  we  cannot  affirm  that  the  ma- 
jority of  the  directors  and  employes  of  our  prisons  possess  these 
talents  and  qualities,  a  fa<5t  which  is  due  chiefly  to  the  circum- 
stance 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. 


THE  NETHERLANDS.  169' 

8.  There  are  no  schools  specially  designed  for  the  education 
of  prison  officers,  and  we  do  not  regret  it.  The  best  school  is  ar 
well-organised  and  well-governed  prison,  where  are  oflTered  to* 
the  young  employ^  the  means  of  acquiring  knowledge  and  de- 
veloping their  talents,  by  the  reading  and  the  study  of  the  best 
writings  on  the  subject  of  prisons. 

9.  The  pensions  accorded  to  the  directors  and  employes,  who 
have  become  incapacitated  for  the  performance  of  their  official 
duties,  depend  on  their  state  of  service  and  on  the  number  of 
their  years  of  service,  according  to  the  general  rules  established 
by  law  in  regard  to  the  pensions  of  all  civil  officers. 

10.  This  question  calls  for  a  statement  of  the  difference  be- 
tween sentences  to  simple  imprisonment,  to  reclusion,  and  to 
hard  labour. 

Our  penal  laws  recognise  only  reclusion  and  imprisonment 
(without  reckoning  imprisonment  for  a  breach  of  public  regula- 
tions), besides  the  punishment,  for  military  offences,  of  the 
wheel-barrow  and  simple  detention.  Apart  from  the  difference 
in  the  retention  on  the  product  of  labour  {ride  Xo.  5)  the- 
treatment  offers  little  variation,  and  the  labour  is  the  same. 
We  endeavour  to  find  for  all  some  kind  of  useful  and  remunera- 
tive labour,  and  to  teach  a  trade  to  all,  at  least,  who  are  sen- 
tenced to  an  imprisonment  of  considerable  duration. 

11.  As  regards  separating  the  prisoners  into  categories :  In 
the  central  prisons,  there  is  a  classification  which  i)ermits  the 
separation  of  the  more  hardened  and  the  more  dangerous,  as 
well  as  of  the  recidivists,  from  the  other  prisoners.  The 
results  of  this  separation  may  be  regarded  as  favourable. 

12.  Agreeably  to  a  royal  decree  of  1856,  the  administrative- 
commissions  of  the  central  prisons  submit  every  year  a  pro- 
position for  pardons  or  remissions,  to  be  granted  to  prisoners 
who  have  distinguished  themselves  by  their  good  conduct. 
These  propositions,  however,  include  only  persons  who  have 
been  sentenced  to  more  than  three  years,  and  who  have  under- 
gone at  least  one-half  of  their  punishment,  and  the  remission 
does  not  exceed  six  months.  Besides  this,  all  prisoners  have 
the  ordinary  resource  of  applying  to  the  king  for  pardon  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  upon  the  decision*. 


170  CONDITION  OF  PRISONS. 

13.  The  part  of  the  product  of  labour  not  retained  by  the 
State  (see  No.  5)  is  given  to  the  prisoner.  Such  part  is  not 
increased  by  reason  of  his  good  conduct. 

14.  No  other  rewards  are  given  to  prisoners  besides  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  thfe  increase  of  profits,  which 
naturally  result  from  zeal  and  capacity.  Still,  the  re-establish- 
ment of  premiums  is  under  consideration. 

15.  The  kinds  and  frequency  of  the  violations  of  prison  rules 
differ  sensibly  in  different  prisons,  and  often  depend  on  the 
more  or  less  intelligent  administration  of  the  chiefs  and .  the 
employes.  Insubordination  and  quarrels  may  be  regarded  as 
the  most  frequent  infractions.  Isolation  by  night,  which  is 
not  yet  generally  introduced,  has,  in  this  respect,  produced 
good  fruits. 

16  and  17.  The  disciplinary  punishments  in  use  are :  Restric- 
tion to  bread  and  water,  withdrawal  of  the  privilege  of  writing 
and  receiving  letters,  privation  of  books,  the  dungeon,  fetters ; 
and,  in  the  central  prisons,  isolation  in  a  cell.  All  these 
punishments  are  recorded  in  a  register,  which  is  consulted  in 
the  cases  mentioned  in  No.  12. 

18  and  19.  There  are  no  special  chaplains  attached  ex- 
clusively to  any  prison ;  but  in  all  the  central  prisons,  in  all 
the  houses  of  detention,  and  in  the  greater  part  of  the  houses 
of  arrest,  the  oflice  of  chaplain  and  the  religious  services  are 
confided  to  oue  of  the  ministers  of  each  religion,  who  is  named 
by  the  minister  of  justice.  The  duties  of  the  chaplain  con- 
sist in  performing  religious  service  on  Sundays  and  feast- 
days,  in  making  pastoral  visits,  and  in  imparting  religious 
instruction. 

20.  Religious  instruction,  given  with  intelligence,  is  con- 
sidered by  us  of  great  importance  as  an  agency  in  the  reforma- 
tion of  prisoners.  In  some  prisons  there  has  also  been 
introduced  the  system  of  proverbs.  This  consists  in  hanging 
on  the  walls  of  the  halls  and  cells  pithy  moral  sentences,  and 
in  changing  them  from  time  to  time.  In  the  opinion  of  ex- 
perienced persons,  this  plan  deserves  to  be  recommended  for 
general  use. 

21.  Persons  of  both  sexes,  outside  the  administration,  are 


THE  NETHERLANDS.  171 

admitted  into  the  prisons  to  labour  among  the  prisoners,  with 
a  view  to  their  moral  regeneration.  In  some  cities  there 
are  private  associations  to  visit  the  prisoners,  organised  bj  the 
general  society  for  the  moral  amelioration  of  prisoners. 

22.  Sunday-schools  have  not  been  established  in  the  prisons 
of  the  Netherlands. 

23  and  24.  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  for  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  apprehend  injurious  effects,  and,  in  general,  the 
correspondence  of  the  prisoners  is  attended  with  a  beneficial 
influence. 

25  to  27.  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  correspond- 
ence, it  may  be  said  that  the  general  effect  of  these  visits  is 
good. 

28.  The  percentage  of  prisoners  able  to  read  and  write  on 
tlieir  commitment  varies  from  62  to  65.  The  number  of 
prisoners  able  to  read,  but  unable  to  write,  is  not  indicated  in 
the  official  statistics. 

29  to  31.  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  generally  taught  in  these  schools  are  reading, 
writing,  and  arithmetic.  Yet  the  system  of  instruction  still 
leaves  much  to  be  desired.  In  some  of  the  central  prisons  im- 
portant reforms  have  been  already  introduced ;  in  others,  they 
will  speedily  follow.  In  the  two  central  prisons  for  juvenile 
prisoners,  the  system  of  instruction  leaves  nothing  to  be 
:added. 

32  and  33.  There  are  libraries   in  all  the  prisons,  which 


172  CONDITION  OF  PRISONS. 

include  books  on  morals  and  religion,  also  liistories,  travels,  &c. 
The  books  are  specially  classified  according  to  the  different 
religions.  These  libraries  are  designed  exclusively  for  the 
prisoners,  and  not  yet  for  the  emjployes. " 

Most  of  the  prisoners  are  very  fond  of  reading,  and  they 
generally  prefer  books  of  history  and,  above  all,  of  travels. 
Their  reading  has  a  happy  effect  upon  them. 

34.  In  some  prisons  the  system  of  sewerage  is  still  imperfect, 
but  efforts  are  made  to  introduce  reforms. 

35.  The  quantity  of  water,  designed  for  the  use  of  the 
prisoners,  is  nowhere  limited.  Generally  the  quality  is  good, 
but  in  some  localities  it  is  difficult  and  expensive  to  pro- 
cure it. 

36.  The  prisons  are  mostly  weU  ventilated,  particularly  the 
central  prisons.  Where  improvements  are  still  needed,  means 
are  employed  to  accomplish  them. 

37.  Regarding  the  means  employed  to  insure  the  cleanliness- 
of  the  prisons  :  The  interior  domestic  service  is  performed  by 
the  prisoners.  Earnest  endeavours  are  everywhere  made  to 
insure  cleanliness,  which  is,  for  the  most  part,  satisfactory,  and 
is  energetically  supervised. 

38.  The  personal  cleanliness  of  the  prisoners  is  assured  by  a 
vigilant  attention  to  their  dress  and  their  persons,  and  by  re- 
quiring them  to  bathe  at  stated  periods. 

39.  The  arrangement  with  regard  to  water-closets  differs  in 
different  prisons.  In  a  number  of  them  the  system  of  inodorous 
portable  vessels  has  been  introduced,  with  a  reservoir  outside 
the  building.     Preference  is  generally  given  to  this  system. 

40.  The  prisons  are  commonly  lighted  by  gas  or  petroleum. 
Lights  are  kept  burning  in  the  dormitories  during  the  night. 

41.  The  system  of  heating  varies  in  different  prisons.  In 
some  the  heating  is  effected  by  hot  water  or  steam,  in  others 
by  stoves. 

42  and  43.  The  prisoner's  bed  is  made  of  straw;  for  the 
sick  of  sea-grass  or  sea-weed.  Hammocks  were  formerly  in 
very  general  use,  but  by  degrees  they  have  been  replaced  by 
open  bedsteads. 

The  bed  complete  consists  of  a  mattress  and  bolster,  two 
sheets,  and  one  coverlet  of  a  coarse  material,  and  one  or  two- 
blankets,  according  to  the  temperature  of  the  season. 


THE  NETHERLANDS.  173 

44  There  is  no  general  rule  regarding  the  distribntion  of 
time.  The  hours  ef  labour  (including  those  of  school)  are  ten 
in  snmmer  and  nine  in  winter ;  and  of  sleep,  eight  and  a  half 
in  summer  and  nine  in  winter.  The  remainder  of  the  time  is 
vat  the  disposal  of  the  prisoner,  for  meals,  rest,  study,  and 
reading;  that  is  to  say,  five  and  a  half  hours  in  summer  and 
six  in  winter. 

45.  A  distinct  part  of  the  prison  building  serves  as  an  in- 
firmary. In  the  cellular  prisons,  cells  of  double  dimensions 
ure  appropriated  to  the  sick.  The  medical  service  is  confided 
to  a  military  surgeon  wherever  there  is  a  garrison ;  to  a  civil 
physician  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. 

46.  The  most  common  diseases  in  the  prisons,  as  outside,  are 
diseases  of  the  chest,  especially  phthisis. 

47  and  48.  The  average  of  the  sick  and  of  deaths  it  is  not  easy 
to  give.  It  diflFers  much  in  difierent  prisons,  depending  on  local 
-circumstances  and  the  class  or  species  of  prison.  The  difference 
in  the  duration  of  punishments,  which  is  by  no  means  incon- 
siderable, exercises  great  influence  on  the  proportionate  number 
-of  the  sick  and  of  deaths.  A  comparison  of  the  number  of 
days  of  sickness  and  the  number  of  deaths  with  the  days  of 
-detention  gives,  during  the  period  of  1861  to  1868,  an  aggre- 
gate annual  average  for  100  days  of  detention : — 

In  the  central  prisons,  8'14  days  of  sickness  (varying  from 
6-35  to  12-57). 

In  the  houses  of  detention,  6*07  days  of  sickness  (varying 
from  4-47  to  7-74). 

In  the  houses  of  arrest,  6*39  days  of  sickness  (varying  from 
4-39  to  8-24). 

During  the  same  period  the  deaths  were  at  a  rate  of  an 
.annual  average : — 

In  the  central  prisons,  one  death  to  8,225  days  of  detention 
(varying  from  4,973  to  21,177). 

In  the  houses  of  detention,  one  death  to  17,896  days  of  de- 
tention (varying  from  10,737  to  35,204). 

In  the  houses  of  arrest,  one  death  to  10,080  days  of  deten- 
tion (varying  firom  11,899  to  380,052). 

In  the  central  prisons  for  juvenile  prisoners,  where  the  labour 


174  CONDITION  OF  PRISONS. 

is  performed  in  the  open  air,  the  sanitary  state  is  highly 
satisfectory. 

49.  The  distinction  between  penal  and  industrial  labour  does 
not  exist  in  this  country.  Penal  labour  is  unknown.  All  the 
labour  in  the  prisons  of  our  country  is  industrial,  with  the 
exception  of  that  of  prisoners  employed  in  the  domestic  or 
administrative  service  of  the  prisons.  Agricultural  labours  are 
as  yet  pursued  only  in  the  two  central  prisons  for  juvenile 
delinquents. 

50  to  52.  Penal  labour,  as  has  just  been  stated,  does  not 
exist  in  the  Netherlands. 

53.  Industrial  labour  is  everywhere  directed  by  the  ad- 
ministration. It  is  performed  in  part  on  account  of  the 
Government,  in  part  on  account  of  contractors  or  individuals, 
and  in  some  prisons  the  contractors  are  allowed  to  participate 
in  the  control  of  the  supervision  of  the  labour. 

54.  It  is  our  belief  that  the  system  followed  in  our  prisons 
deserves  preference.  Generally,  we  give  the  preference  to 
labour  performed  on  account  of  contractors  or  individuals,  who 
offer  a  greater  variety  of  handicrafts.  But  the  labour  done  on 
account  of  the  State  has  not  the  inconvenience  of  being  some- 
times interrupted  by  want  of  demand.  We  therefore  judge 
that  it  is  better  to  retain  both  systems. 

55.  Different  systems  of  contracting  for  the  labour  do  not 
exist  here.  The  contractors  furnish  the  raw  material  and  pay 
the  wages.     Frequently  they  also  furnish  the  necessary  tools. 

56.  The  percentage  of  prisoners  not  having  a  calling  at  the 
time  of  their  commitment  differs  materially  in  the  different 
prisons.     One  in  four  is  perhaps  the  general  average. 

57.  58.  We  endeavour,  as  far  as  possible,  to  teach  prisoners 
a  trade,  but  in  short  imprisonments  the  thing  is  impossible. 

We  regard  it  as  of  the  highest  importance  to  impart  ta 
prisoners  during  their  incarceration  the  power  of  self-help,  and 
this  result  is  diligently  sought  by  teaching  the  prisoners,  to  the 
utmost  extent  possible,  some  useful  calling. 

59.  We  do  not  think  that  repeated  sentences  to  short  im- 
prisonments produce  any  good  effect  upon  the  prisoner ;  tut  an 
equitable  application  of  the  penal  law  forbids  the  remedying  of 
this  evil  by  a  long  imprisonment  for  minor  offences.    Yet  con- 
siderable progress  would  be  made  in  the  right  direction  by 


THE  NETHERT^NBS.  175* 

applying  the  cellular  system  to  all  itaprisonments  of  a  short 
duration. 

60.  In  the  absence  of  criminal  registers  [casters  judiciaires) , 
a  system  devised  by  Bonneville  de  Marsangy,  the  statistics  of 
recidivists  are  defective.  The  proportion  given  by  our  imper- 
fect statistics  for  the  general  mass  of  prisons  is  25  per  cent. ; 
and  in  the  central  prisons,  36  per  cent. 

61.  According  to  our  penal  laws,  a  relapse  may  give  occa- 
sion to  an  increase  of  the  punishment  in  the  ratio  of  one-third, 
when  the  first  sentence  was  for  more  than  a  year's  imprison- 
ment ;  and  in  all  cases  it  is  a  circumstance  which  may  deter- 
mine the  judge  to  award  the  maximum  of  punishment  allowed 
by  the  law. 

62.  Persons  imprisoned  for  debt  are  placed  in  the  houses  of 
detention  and  of  arrest,  sometimes  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  furni- 
ture. They  do  not  wear  the  prison  dress,  unless,  indeed,  they 
have  no  other ;  and  their  food  is  of  a  better  quality. 

63.  The  causes  of  crime  vaiy  a  good  deal,  according  to  the 
nature  of  the  crime  itself.  The  want  of  education,  diiinken- 
jiess,  and  the  desire  to  make  a  figure  beyond  one's  means  and 
j>08ition,  may  generally  be  considered  as  the  principal  causes  of 
crimes  and  misdemeanors.  In  the  case  of  young  prisoners, 
there  may  be  mentioned,  in  addition,  the  influence,  often  per- 
nicious, of  a  second  marriage  of  their  parents,  which  not  un- 
frequently,  by  embittering  the  position  of  the  children  of  the 
first  marriage,  deprives  them  of  the  salutary  influence  of  family 
life. 

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

65.  The  aim  is  to  make  the  punishment,  as  far  as  possible, 
contribute  to  the  reformation  of  the  prisoners.  But  the  appli- 
cation of  this  principle,  in  most  of  the  prisons,  leaves  much  to 
be  desired. 

66.  Although  it  is  very  diflBcult  to  pronounce,  with  any  de- 
of  certainty,  as  regards  the  influence  of  imprisonment  on 


176  CONDITION  OF  PRISONS. 

•tlio  gi'eat  mass  of  prisoners,  it  cannot  be  said,  in  general,  that 
they  leave  the  prison  worse  than  when  they  entered  it,  and 
numerous  cases  can  be  pointed  out  in  which  the  instruction 
received  in  the  prisons,  the  habit  of  labour  formed,  and  the 
knowledge  of  a  calling  acquired  there,  have  exerted  a  very 
happy  influence  upon  the  liberated  prisoner. 

07.  In  answer  to  the  question  whether  eflEbrts  are  made  to 
aid  liberated  prisoners  in  finding  work,  and  thus  to  prevent  a 
relapse,  we  answer  that,  officially,  such  eflEbrts  are  not  made. 
But  many  directors  of  prisons  take  great  pains  to  find  work  for 
the  liberated,  and  generally  they  have  cause  to  congratulate 
themselves  on  the  result  of  their  eflForts.  The  greater  part  of 
the  directors,  however,  are  too  indififerent  to  concern  them- 
-selves  about  the  matter. 

Zeal  in  this  direction  is  an  indication  of  a  good  director. 

08.  The  Netherlands  Society  for  the  Moral  Amelioration  of 
Prisoners  has  for  its  object  not  only  the  visiting  of  prisoners, 
but  also  the  manifestation  of  an  interest  in  their  welfare  after 
their  discharge  from  prison.  This  society  counts  forty  branches, 
scattered  throughout  the  whole  kingdom,  and  corresponding 
members  in  thirty-seven  places  where  there  are  no  branches. 
To  some  of  the  branch  societies  are  attached  committees  of 
ladies.  As  regards  the  prisoners,  a  variety  of  methods  is  em- 
ployed to  encourage  and  help  them.  They  procure  places  for 
them  at  service,  place  them  in  the  merchant  marine,  supph- 
them  with  tools,  obtain  for  them  some  little  industry  or 
business,  and  provide  them  with  the  means  of  emigrating,  etc. 
The  results  differ,  as  a  matter  of  course ;  but  it  may  be  said, 
without  exaggeration,  that  the  society  accomplishes  much,  and 
often  sees  its  efforts  crowned  with  success.  Still,  it  can  extend 
its  activity  only  to  a  part  of  the  liberated  prisoners,  and  it  is 
desirable  that  its  benevolent  operations  should  be  conducted 
upon  a  larger  scale.  Some  time  ago  certain  philanthropists 
soiij^ht  to  secure  the  organization  of  a  special  patronage  society 
ibr  juvenile  delinquents,  but  without  success. 

69.  To  the  question,  *  Are  you  satisfied  with  your  prison  sys- 
tem as  at  present  organised  and  administered?' we  cannot 
roturn  an  affirmative  answer.  The  greatest  defect  in  our  prison 
system  is,  in  our  opinion,  that  there  is  no  system,  or,  rather, 
tJiat  the  two  systems  of  associated  and  cellular  imprisonment 


THE  NETHERLANDS.  177 

are  applied  without  any  uniform  rule,  and  without  placing 
them  in  an  harmonious  relation  to  each  other.  Hence  there  is 
a  prettj  general  agreement  among  us  that  a  reform  is  neces- 
sary, and  that  it  should  have  mainly  two  objects  in  view :  a 
revision  of  our  penal  laws,  which  would  introduce  a  more  uni- 
form and  more  harmonious  system  of  imprisonment;  and  a 
serious  effort  to  give  greater  dignity  to  the  position  of  the 
directors  and  employ^y  and  to  open  these  offices  to  men  of  a 
higher  education.  Whatever  differences  of  opinion  may  exist 
as  regards  the  system  to  be  followed  (and  they  are  great,  since 
all  the  systems  which  divide  savans  find  their  partisans  among 
us),  on  these  two  points  there  is  a  very  general  agreement. 


NOEWAT. 

1.  The   supreme  power  of  managing  the   *  Strafarbeidars- 

anstalts '  (penal  institutions,  where  the  prisoners  are  compelled 

to  labour),  is  vested  in  the  royal  department  of  justice ;  the 

general  supervision  of  the  *  district-prisons '  is  confided  to  the 

prefects  {amimand)^  subject,  however,  to  the  supervision  and 

control  of  the  above  department  as  the  highest  administrative 

oathority  of  justice.     There  is  no  director-general  of  prisons- 

Every  prison  has  its  local  administration,  wliich,  in  conformity 

with  the  rules  prescribed  by  the  chief  administration,  or  with 

the  special  approbation   of  the   same,   makes  the  necessary 

arrangements  with  regard  to  prison  treatment,  economy,  &c. 

2.  The  prison  system  consists  of: — A.  ^  Strafarbeidars- 
^Mtalts  *  with  the  following  subdivisions :  a.  Prisons  estab- 
lished in  fortresses — three  in  number,  one  in  Christiania,  one 
^  Bergen,  one  in  Throndhjem.  h.  Houses  of  Correction,  of 
^hich  there  are  four,  one  in  each  of  the  following  towns — 
^^hriatiania,  Bergen,  and  Throndhjem.  c.  A  penitentiary  in 
^^"^ristiania.  B.  District  prisons  established  with  the  view  of 
^^'lying  out  a  reform  in  prisons  and  prison-treatment,  pre- 
scribed by  a  law  of  October  13,  1857.  These  jails,  56  in  num- 
b^>  are  prisons  for  punishment  as  well  as  for  mere  detention^ 

N  • 


178  CONDITION   OF  PRISONS. 

To  the  prisons  of  the  fortresses  are  committed  only  those  males 
above  eighteen  years  of  age,  who  are  condemned  to  imprison- 
ment with  labour,  either  for  a  term  exceeding  six  years,  or  for 
a  term  exceeding  three  years,  provided  they  have  before  suffered 
imprisonment  with  labour,  or  for  any  term,  provided  they  have 
before  suffered  imprisonment  with  labour  in  the  fortresses, 

A  law  prescribing  exclusively  for  these  prisons,  that  the 
inmates  generally  should  be  put  in  irons,  has  this  year  been 
amended  so  that  henceforth  irons  are  not  to  be  employed  unless 
in  cases  of  urgent  necessity. 

In  the  houses  of  correction  are  confined  persons  condemned 
to  imprisonment  with  labour  if — a,  females ;  6,  males  under 
eighteen  years  of  age;  c,  males  more  than  eighteen  years 
of  age,  who  neither  have  to  suffer  their  punishment  in  the 
fortresses,  nor  are  committed  to  the  penitentiary  as  below.  The 
shortest  term  of  imprisonment  in  the  houses  of  correction  is 
generally  six  months. 

To  the  penitentiary  are  committed,  males  tried  within  the 
two  nearest  sees  (those  of  Christiania  and  Hamer),  and  con- 
demned to  imprisonment  with  labour  for  a  term  not  less  than 
six  months  nor  more  than  six  years,  provided  that  at  the  time 
when  the  arrest  is  to  take  place,  they  have  attained  the  full 
age  of  eighteen,  and  not  passed  that  of  thirty.  Other  males, 
above  eighteen  years,  who  are  condemned  to  imprisonment 
with  labour  for  the  same  length  of  time,  may  obtain  permission 
to  suffer  their  punishment  in  the  penitentiary.  The  duration 
of  the  punishment  inflicted  by  the  sentence  is  shortened  by  a 
third,  so  that  the  minimum  will  be  four  months  and  the  maxi- 
mum four  years. 

In  the  district  prisons  imprisonment  is  in  one  of  the  follow- 
ing modes : — a.  With  bread  and  water  for  a  term  not  less  than 
four,  nor  exceeding  thirty  days,  with  certain  intervals  prescribed 
by  law — ^between  every  five  days  bread  and  water.  6.  With 
common  gaol  allowance  for  a  term  not  less  than  16  nor  exceed- 
ing 120  days.  c.  As  *  arrest '  for  a  term  not  less  than  32  nor 
exceeding  240  days. 

The  district  prisons  are  u^ed  besides  (1),  for  the  custody  of 
persons  apprehended  as  being  suspected  of  having  committed  a 
criminal  offence;  (2),  as  prisons  for  debtors. 

The  prisoners  confined  in  the  district  prisons  are  not  obliged 


NORWAY.  179 

to  labour,  but  if  desirous  of  work,  they  may  obtain  proper  em- 
ployment. 

3.  The  houses  of  correction  and  the  prisons  established  in 
the  fortresses  are  based  on  tlie  system  of  association.  The 
penitentiary  is  a  cell  prison  organized  on  the  model  of  the 
Philadelphia  system,  with  room  for  about  250  prisoners.  The 
district  prisons  are  cell  prisons,  where  complete  isolation  is 
prescribed  in  cases  of  those  who  must  suffer  imprisonment  with 
bread  and  water,  or  with  common  gaol  allowance.  They  are 
usually  applied  also  in  cases  of  those  who  are  committed  before 
trial,  yet  always  subject  to  such  modifications  as  may  be  deemed 
expedient,  when  considering  the  age,  health,  and  mental  dis- 
positions of  the  prisoners. 

4.  The  superiority  of  the  cellular  system  to  that  of  associa- 
tion may  essentially  be  ascribed  to  thie  fact  that  by  the  former, 
the  prisoners  are  guarded  from  pernicious  contact  with  other 
offenders,  and  that  isolation,  when  applied  for  not  too  long  a 
term,  has  a  more  awakening  effect  upon  the  better  feelings  of 
the  inmate. 

5.  The  expenses  of  the  *  Strafarbeidarsanstalts  '  are  defrayed 
&om  the  Exchequer — that  is,  to  the  extent  of  supplying  the 
deficiency  so  far  as  the  proceeds  of  prison  labour  fall  short.  In 
the  budget  of  the  year  1872-3,  the  expenses  of  the  eight 
*  Strafkrbeidsanstalts,'  the  cost  of  working  materials  included, 
are  estimated  at  203,410  spd.  Of  this  sum  109,970  spd.  is 
the  amount  at  which  the  prison  labour  is  valued. 

The  expenses  of  the  district  prisons  are  paid  by  the  prison 
districts,  yet,  so  that  the  Exchequer,  which  originally  con- 
tributed to  the  building  of  these  prisons  about  half  the  amount, 
has  to  pay  for  medicines,  medical  and  spiritual  assistance,  and 
necessary  clothing  for  the  j)risoners.  The  prison  district 
receives  from  the  Exchequer  an  allowance  of  2  sk.  (about  lOrf.) 
a  day  for  every  prisoner. 

6.  The  local  management  of  the  prisons  established  in  the 
fortresses  is  the  business,  ex  officioy  of  the  commanders  of  the 
fortresses,  or  of  the  nearest  military  authority  subordinate  to 
them.  The  local  administration  of  the  penitentiary  is  conferred 
by  law  upon  a  superintending  board,  and  a  director,  subordinate 
to  that  board,  appointed  by  the  King.  The  local  administra- 
tion of  the  houses  of  correction  consists  of  the  Stiftsdirection 

N  2 


180  CONDITION  OF  PRISONS. 

(the  highest  civil  ecclesiastical  authority  of  the  district),  a 
superintending  board  subordinate  to  the  same,  and  a  director. 
The  director  is  appointed  either  by  the  King  or  the  Stifts- 
direction.  The  chaplains  of  the  Strafarbeidarsanstalts  are 
appointed  by  the  King ;  the  medical  attendants  and  the  cashiers 
either  by  the  department  of  justice  or  the  Stiftsdirection ;  the 
teachers  are  appointed  by  the  chaplains.  The  other  function- 
aries of  the  *  Strafarbeidarsanstalts '  are  appointed  by  the  direc- 
tor. The  managers  of  the  district  prisons,  who  generally  are  not 
paid  for  their  services,  are  appointed  by  the  King  from  among 
the  judicial  or  administrative  officers  of  the  district.  The  sub- 
ordinate functionaries  of  the  district  prisons  are  appointed  by 
the  prefect.  Generally  the  functionaries  of  the  *  Strafarbeidars- 
anstalts,' or  prisons,  are  not  appointed  for  any  certain  length 
of  time. 

7.  Of  course  the  higher  functionaries  ought  to  be  men  of 
probity  and  education,  besides  possessing,  as  essential  qualifica- 
tions, firmness  of  character  and  aptitude  for  their  special  work. 
Sobriety,  exactitude,  firmness,  knowledge  of  writing,  and-  ac- 
quaintance with  some  trade,  are  the  qualifications  which  are 
most  valued. 

It  is  supposed  that  the  actual  functionaries  are  satisfying 
.the  above  claims  in  all  essential  points. 

8.  There  are  no  special  training  schools  for  prison  officers  in 
Norway,  nor  is  the  establishment  of  such  schools,  considering 
the  circumstances  of  the  kingdom,  likely  to  be  entertained ;  at 
all  events,  not  at  present. 

9.  The  pension  allowed  to  officers  of  the  ^Strafarbeidarsanstalts' 
is  not  regulated  by  law,  but  is  a  matter  of  parliamentary  grant 
in  each  individual  case.  The  lower  functionaries  generally 
receive  no  pension. 

10.  See  answer  2. 

11.  No  classification  of  the  prisoners  is  carried  out  in  the 
prisons  based  on  the  system  of  association,  except  that,  in  dis- 
tributing the  prisoners  in  the  work-rooms  and  dormitories,  care 
is  taken  to  keep  the  less  corrupt  prisoners  separate,  as  far  as 
possible,  from  the  older  and  more  dangerous  criminals.  In  the 
penitentiary  a  system  of  progressive  classification  has  been  in- 
troduced, based  on  the  zeal  and  merit  of  the  prisoners,  through 
which    some    mitigation  of   their  punishment    is    gradually 


NORWAY.  181 

afforded,  by  means  of  allowing  the  prisoners  greater  liberty 
than  before — to  read,  write,  receive  visits  from  their  relations, 
work  in  the  open  air,  etc. 

12.  Only  by  royal  pardon  may  the  duration  of  a  fixed  sen- 
tence be  abridged,  but  in  deciding  on  the  question  of  pardon, 
the  behaviour  of  the  prisoners  during  their  imprisonment  will 
of  course  be  taken  into  consideration. 

13.  The  prisoners  do  not  get  any  part  of  the  proceeds  of  their 
labour ;  formerly  they  did,  but  the  system  was  given  up  as  not 
expedient.  However,  the  question  of  applying  the  same  system 
in  a  greater  or  less  extent,  and  in  another  manner,  has  again 
been  raised. 

14.  As  a  means  of  stimulating  the  zeal  of  the  prisoners  in 
the  houses  of  correction  and  the  prisons  of  the  fortresses,  an 
extra  allowance  of  food  and  other  small  rewards  are  employed. 
As  regards  the  penitentiary,  refer  to  answer  11. 

15.  The  most  frequent  infractions  of  prison  discipline  are — 
in  the  cell-prisons,  communication  with  fellow  prisoners;  in 
the  other  prisons,  quarrels,  wrong  kind  of  labour,  attempts  to 
escape,  and  laziness. 

16.  Offences  against  discipline  are  punished  with  bread  and 
water,  confinement  in  a  dark  cell,  or  privation  of  the  extra 
allowance  of  food,  in  the  prisons  exclusive  of  the  penitentiary. 
Corporal  punishment  is  also  applied. 

17.  The  punishment  is  always  inserted  on  the  record. 

18.  Eveiy  *  Strafarbeidarsanstalt '  has  its  chaplain  of  the  Evan- 
gelic-Lutheran confession,  to  which  almost  all  the  inhabitants 
^f  Norway  belong.  To  the  inmates  of  the  district  prisons 
spiritual  assistance  is  generally  afforded  by  the  clergyman  of 
^J^e  district. 

*J^.  The  chaplains  must  conduct  divine  service,  and  by 
^^ns  of  conversation,  admonition,  and  instruction,  labour  for 
™®  Information  of  the  prisoners. 

20.  Of  course  religious  instruction  is  a  very  effective  agent 
^  "the  reformation  of  imprisoned  criminals. 

21.  Persons  not  belonging  to  the  administration  are  not 
*^^itted  into  the  prisons  to  labour  for  the  moral  improvement 
^'  the  inmates. 

22.  There  are  Sunday-schools  in  most  of  the  *  Strafarbeidars- 


182  CONDITION  OF  PRISONS. 

23.  The  inmates  of  the  prisons  based  on  the  system  of 
association,  as  well  as  those  of  the  penitentiaiy,  may  from  time 
to  time  write  and  receive  letters;  the  prisoners  of  the  peni- 
tentiary once  a  month.  As  regards  the  district  prisons,  the 
correspondence  of  the  prisoners  depends  on  the  consent  of  the 
manager. 

24.  When  duly  controlled,  the  admittance  of  correspondence 
seems  to  have  a  beneficial  influence. 

26.  With  the  consent  of  the  director,  and  at  fixed  times,  the 
inmates  of  the  '  Strafarbeidarsanstalts '  may  receive  the  visits  of 
their  relations  or  others.  Those  inmates  of  the  district  prisons 
who  are  suffering  imprisonment  with  bread  and  water,  or  with 
common  gaol  allowance,  are  only  exceptionally  allowed  to 
receive  visitors. 

2(5.  The  visits  always  take  place  under  the  observation  of 
one  of  the  functionaries,  who  generally  also  must  listen  to  the 
conversation. 

27-  It  is  thought  that  the  admittance  of  visitors,  when  duly 
controlled,  has  a  beneficial  effect. 

28.  Most  of  the  prisoners  can  read  at  the  time  of  their 
commitment.  The  proportionate  number  of  those  who  cannot 
read  is,  as  regards  the  penitentiary,  estimated  at  1  per  cent., 
which  is  supposed  to  be  the  proportionate  number  also  in  the 
other  prisons. 

29.  In  all  the  \  Strafarbeidarsanstalts  '  are  schools.  In  the 
district  prisons  there  are  none ;  but  in  these  prisons  some 
information  is  given  to  ignorant  young  prisoners,  provided 
their  imprisonment  is  of  some  duration. 

30.  In  the  penitentiary  instruction  is  first  given  in  the  cells, 
later  in  the  common  school-room,  where,  however,  the  pri- 
soners have  no  opportunity  of  seeing  one  another. 

31.  Instruction  is  given  in  religion,  reading,  and  arithmetic, 
partly  also  in  writing  and  singing.  Grenerally  the  prisoners 
make  good  progress. 

32.  In  the  district  prisons  devotional  works  are  at  hand,  and 
also  other  works  of  beneficial  tendency.  In  the  *  Strafarbeidars- 
anstalts '  are  libraries,  consisting  of  religious,  historical,  geo- 
graphical, and  physiographical  books. 

33.  The  prisoners,  especially  those  of  the  cell  prisons,  eagerly 
employ  themselves  with  reading.     The  works  to  which  prefer- 


NORWAY.  183 

ence  is  given  are,  perliaps,  those  of  history  and  geography,  and 
books  of  travels. 

34.  In  all  the  prisons  provision  is  made  for  good  drainage. 

35.  Of  water  may  be  had  as  large  a  quantity  as  desired,  and 
of  good  quality. 

36.  The  ventilation  is  good. 

37.  By  way  of  employing  the  time  of  the  prisoners,  cleanliness 
is  maintained  in  all  the  prisons  to  the  largest  possible  extent. 

38.  Care  is  taken  that  the  prisoners  wash  aud  comb  them- 
selves every  day.  From  tiuit;  to  time  a  warm  bath  is  given  to 
them. 

39.  In  the  cells  of  the  district  prisons  are  moveable  closets, 
of  such  construction  as  to  spread  no  stench  when  they  are  shut. 
In  the  prisons  of  the  fortresses  and  the  houses  of  correction, 
closets  for  the  use  of  fa  greater  number  of  prisoners  are 
arranged  on  the  side  of  the  working-rooms  and  dormitories. 
Stench  is  prevented  by  the  frequent  use  of  disinfectants.  In 
the  penitentiary,  where  the  cells,  like  those  of  the  district 
prisons,  have  each  a  moveable  closet,  a  union  of  the  dry  eartli 
and  drainage  system  is  employed. 

40.  In  the  *  Strafarbeidarsanstalts '  and  the  district  prisons 
situated  in  the  larger  towns,  the  rooms  are  lighted  with  gas ; 
elsewhere  oil-lamps  are  used. 

41.  In  the  penitentiary  and  most  of  the  district  prisons,  the 
rooms  are  heated  by  warm  water,  in  the  other  district  prisons 
by  stoves,  in  the  houses  of  correction  and  the  prisons  of  the 
fortresses,  by  steam  pipes  or  by  stoves. 

42.  In  tlie  penitentiary  hammocks  are  used;  in  the  other 
*Strafarbeidarsan8talts' wooden  bedsteads;  in  the  district  pri- 
sons either  sort. 

43.  The  bedding  consists  of  mattress,  pillow,  sheets  and 
blankets. 

44.  According  to  the  law  in  force,  the  daily  working  time  of 
the  prisoners  is  not  to  exceed  fourteen  hours  in  the  summer, 
nor  ten  hours  in  the  winter,  in  the  *  Strafarbeidarsanstalts.* 
The  actoal  time,  however,  is  somewhat  shorter,  and  of  dififerent 
length  in  the  different  prisons,  partly  on  account  of  the  sort  of 
kbour.  It  varies  between  twelve-and-a-half  hours  as  the 
longest^  and  ten  hours  as  the  shortest  time.  The  rest  of  the 
day  is  employed  at  meals,  recreation,  and  exercise. 


184  CONDITION  OF  PRISONS. 

45.  The  sick  are  treated  in  cells,  or  in  the  sick-rooms  of  the 
prisons.  Every  ^  Strafarbeidarsanstalt '  has  its  medical  man. 
In  the  district  prisons,  medical  assistance,  generally,  is  ren- 
dered by  the  official  surgeon  of  the  district. 

46.  Phthisis,  tuberculosa,  cardialgia,  and  bronchitis  chronica, 
are  the  most  frequent  complaints  in  the  penitentiary. 

47.  According  to  the  last  statistical  statements,  the  propor- 
tionate number  of  sick  persons  in  the  three  *  Strafarbeidarsan- 
stalts,'  situated  in  Christiania,  has  been  about  two  per  cent. 

48.  Comparing  the  number  of  all  the  prisoners,  who  in  the 
course  of  a  single  year  (1871)  have  been  confined  in  the 
*  Strafarbeidarsanstalts,'  with  the  number  of  those  deceased  the 
same  year,  there  results  the  following  percentage  of  mor- 
tality : — 

1.  In  the  prisons  established  in  the  fortresses,  1*18  per  cent. 

2.  In  the  houses  of  correction,  0*61  per  cent. 

3.  In  the  penitentiary,  0*93  per  cent. 

As  to  the  district  prisons,  exact  statistical  statements  are 
wanting. 

49.  In  the  *  Strafarbeidarsanstalts,'  no  other  labour  is  per- 
formed than  that  which  is  given  to  the  prisoners  as  part  of 
their  punishment.  This  labour  is  chiefly  of  an  industrial 
character,  but  not  quite  the  same  in  all  the  prisons.  While  in 
the  house  of  correction  in  Christiania,  cloth-manufacturing  is 
one  of  the  chief  branches,  and  in  the  *  Strafarbeidarsanstalt  ^  of 
Akershuis  (the  fortress  of  Christiania),  stone-cutting  is  carried 
on  to  a  not  inconsiderable  extent,  the  labour  in  the  other 
prisons  chiefly  consists  of  such  as  belongs  to  some  trade. 

50.  Refer  to  answer  60. 

51  and  52.  See  former  answer. 

53.  The  labour  of  the  prisoners  is  managed  exclusively  by 
the  administration. 

* 

54  and  55.  Need  no  reply. 

56  and  57.  Most  of  the  imprisoned  criminals  are  labourers. 
Many  of  the  prisoners  learn  some  ti'ade,  that  may  be  of  use  to 
them  after  their  discharge.  Whether  they  are  to  learn  a 
trade  depends  partly  on  the  duration  of  their  imprisonment, 
partly  on  their  aptitude  and  disposition  for  the  special  trade. 

58.  Provision  is  made  to  inure  the  prisoners  to  habits  of 


NORWAY.  185 

industry ;  it  is  constantly  represented  to  them,  that  among  the 
causes  of  crime,  laziness  is  the  most  frequent. 

59.  With  regard  to  this  question,  experience  has  not  given 
any  certain  result. 

60.  In  the  penitentiary,  the  exactest  account  possible  is  kept 
of  the  percentage  of  relapse.  For  the  years  1858-1865,  the 
average  percentage  was  34-73;  for  1866,  38-88;  for  1867, 
38-92 ;  and  for  1868,  38-86.  In  making  up  the  account,  re- 
lapse is  considered  to  have  taken  place  in  the  case  of  anyone 
who,  afber  his  discharge,  has  been  sentenced  to  punishment 
for  even  the  slightest  offence. 

61.  A  prior  conviction  of  a  criminal  will,  according  to  law, 
have  the  effect  of  aggravating  in  greater  or  less  degree,  the 
punishment  to  be  inflicted  by  a  second  sentence,  but  as  regards 
the  treatment  of  the  convict  during  his  imprisonment,  it  makes 
no  diflference  whether  he  has  suffered  punishment  before  or 
not.    All  prisoners  are  treated  on  the  same  principle. 

62.  Confinement  for  debt  still  exists,  but  is  seldom  carried 
out ;  the  abolition  of  this  is  proposed,  and  may  soon  be  ex- 
pected. In  the  district  prisons,  rooms  are  arranged  for  receiving 
prisoners  for  debt,  but  these  rooms  are  furnished  almost  in  the 
same  manner  as  common  dwelling  rooms,  and  the  constraint  to 
which  prisoners  for  debt  are  subject,  is  only  intended  to  insure 
their  presence  and  prevent  infraction  of  prison  disciplme ;  while 
in  other  respects,  as  regards  their  meals  and  occupation,  they 
are  not  ranged  in  the  class  with  other  prisoners. 

63.  As  the  principal  causes  of  the  most  frequent  crimes 
(violation  of  the  rights  of  property  and  assault)  may  be  named, 
laziness,  drunkenness,  and  bad  company,  into  which  these  vices 
will  lead — a  vital  part,  however,  must  be  ascribed  to  a  neglect 
of  home  education. 

64.  Complete  statements  on  this  point  are  wanting  as  re- 
gards the  district  prisons.  As  to  the  '  Strafarbeidarsanstalts '  it 
may  be  stated  that  the  aggregate  average  number  of  inmates 
in  a  single  year  (1871)  was  1,381,  of  which  1,053  were  males, 
828  females.  Consequently,  the  proportionate  number  was 
76*2  i)er  cent,  males,  23-8  per  cent,  females. 

65.  Though  protecting  society  and  deterring  from  crime 
most  be  the  primary  end  of  prisons  and  punishment,  the 
reformation  of  the  prisoners  is  also  considered  a  chief  point. 


186  CONDITION  OF  PRISONS. 

66.  As  complete  statements  on  convictions  are  wanting,  this 
question  can  scarcely  be  answered  in  a  satisfactory  manner. 

67  and  68.  With  the  view  of  preventing  the  released  pri- 
soners from  relapse,  care  is  taken  to  procure  work  for  them,  to 
get  them  employed  as  sailors,  to  assist  them  with  money, 
books,  etc.  Too  much  assistance  and  support  is  supposed  to 
weaken  their  moral  strength.  There  exist  some  discharged 
prisoners'  aid  societies,  but  they  do  not  possess  suiBBcient  means 
to  work  to  so  great  an  extent  as  is  desirable. 

69.  RefeiTing  to  the  special  replies  above,  the  condition  of 
that  part  of  the  prison  system  which  consists  of  the  prisons 
established  in  the  fortresses  and  the  houses  of  correction, 
cannot,  generally  speaking,  be  declared  satisfactory  in  all 
essential  points,  though  our  prisons  have  all  been  gradually 
obtaining  better  results.  It  is  thought  that  important  reforms 
will  soon  be  carried  out,  but  as  this  is  not  the  place  for 
entering  upon  details,  it  may  be  enough  to  suggest  as  pro- 
minent points  the  questions  of  altering  the  forms  of  manage- 
ment, of  abolishing  the  distinction  between  imprisonment  in 
the  fortresses  and  confinement  in  the  houses  of  correction,  and 
of  procuring  separate  prisons  for  females,  in  which  connection 
may  also  be  named  the  general  demand  for  the  improvement  of 
the  prison  premises. 


BUSSIA.I 

1.  All  the  prisons  in  Eussia  are  placed  under  the  control  (1), 
of  military  authority  (2),  of  civU  authority.  The  militar)' 
prisons  are  under  the  Ministers  of  War  and  of  the  Navy.     The 

'  *  The  questions  drawn  up  by  Dr.  Winos  are  intended  to  elicit  replies  which  will 
giro  an  exact  idea  of  the  diflferent  systems  of  prison  administration  in  various  countries. 
A  detailed  account  of  the  system  now  in  operation  in  Russia  is  scarcely  possible,  and 
could  not  f^ive  a  precise  idea  of  things,  since  the  penitentiary  question,  at  the  present 
time,  in  Russia  is  passing  through  a  phase  of  transition,  a  radical  reform  is  proposed, 
and  certain  experiments  hare  already  been  commenced  which  formed  the  subject  of  the 
short  pamphlet  I  recently  published.  Since  that  time  a  special  commission  has  been 
appointed  to  prepare  a  penal  code,  the  first  principles  of  which  have  only  just  been 
submitted  to  the  consideration  of  the  imperial  government.  Russia  is  consequently 
between  two  systems,  one  acknowledged  unsatisfactory,  and  another  only  just  dawning, 
with  its  general  outline  yet  undeveloped.     From  the  scientific  and  practical  point  of 


RUSSIA.  187 

prisons  under  civil  authority  are  under  the  minister  of  the 
interior.     The  military  prisons  have   already  undergone  im- 
portant reforms,  and  are,  as  to  progress,  in  advance  of  those 
under  civil  authority.     The  latter,  while  under  the  minister  of 
the  interior  in  his  department  of  executive  police,  are  further 
gpedallj  placed  under  the  Imperial  Society  for  the  guardian.- 
ship    of   prisons.     This    society,   established  like  the  Boyal 
Society  in  Prance  in  1819,  had  for  its  object  the  introduction 
of  philanthropy    into    prison    administration.     The     French 
Society  has  not  existed  for  many  years.     The  Eussian  Society 
not  only  exists,  but  in  1830  was  invested  with  new  prerogatives 
for  the  surveillance  and  maintenance  of  prisons.     A  committee 
formed  by  a  central  committee  sitting  at  St.  Petersburg  under 
the  presidency  of  the  minister  of  the  interior,  is  corapulsorily  es- 
tablished in  the  capital  of  each  province,  with  branches  in  each* 
chief  town  of  the  various   districts.     These   committees   are 
composed  ex  officio  of  the  officers  of  the  state  and  of  optional 
and  benevolent  members  who  have  a  small  salary  and  certain 
honoorable  prerogatives.     These  committees  select  the  govern- 
ors of  the  prisons  and  direct  the  economic  management  of  the 
prisoners.     A  considerable  sum  is  granted  for  this  purpose  to 
the  committees,  who  have  the  right  of  referring  in  a  prescribed 
"^^iiner  to  the  minister  of  the  interior  under  his  double  office 
of  minister  and  president.     This  system  not  only  saves  the  ex- 
P^Bses  of  administration,  but  has  led  to  considerable  gifts  and 
the  formation  of  a   special  capital.     It  must,  however,  be  ac- 
knowledged that  such  a  system  of  administration  produces  a 
certain  amount  of  carelessness  and  irresponsibility  in  the  exer- 
cise of  power,   and  that  the  principle  of  philanthropic  com- 
mittees and  their  participation  in  the  management  of  prisoners 
requires  important  modification  in  Russia. 
Besides  the  control  of  the  committees,  there  was  recently 


new  such  a  transitionary  phase  may  be  interesting,  but  it  cannot  give  precise 
statements  as  to  what  e^tists  now  and  what  is  to  exist  herotifter.  Such  is  the  cause 
of  the  natural  hesitation  which  has  hitherto  prevented  me  from  giving  distinct  replies 
to  the  questions  of  Dr.  Wines ;  yet  as  I  am  unwilling  to  decline  complying  with  his 
reiterated  request,  which  has  been  supported  by  the  commission  over  which  I  have 
the  honour  to  preside,  I  hare  replied  to  all  the  questions,  desiring,  however,  that  it 
sboold  be  distinctly  understood  that  my  replies  are  not  the  exposition  of  a  system, 
hat  a  brief  sketch  of  the  penal  traditions  of  my  country.' — Note  hi/  Count  Sollohub, 
^retideni  of  the  Comviittee  for  Penitent iart/  Reform  in  Russia. 


188  •  CONDITION  OF  PRISONS. 

established,  when  municipal  laws  were  created  in  Eussia,  a  new 
mode  of  detention,  mamed  arrest,  and  which  must  not  be  con- 
founded with  preliminary  arrest.  The  punishment  of  arrest  in- 
flicted by  the  justices  of  the  peace  for  slight  violations  of  the 
law,  does  not  exceed  three  months.  The  establishment,  main- 
tenance, and  administration  of  these  new  local  prisons  are  under 
the  control  of  the  municipal  institutions  of  each  province. 

2.  The  existing  laws  of  Eussia  relating,  to  those  arrested  and 
sentenced  are  contained  in  the  fourteenth  volume  of  the  code. 
They  are  divided  into  two  distinct  parts ;  the  first  part  refers  to 
those  imprisoned,  the  second  to  those  transported.  The  follow- 
ing has  hitherto  been  the  classification  of  prisons.  (1)  Prisons 
properly  so  called]  (or  ostrogs)  established  in  all  the  towns  of 
the  empire.  They  are  of  ancient  date,  and  their  object  at  first 
was  only  preliminary  detention.  The  punishment  was  corporal, 
or  deportation  to  the  confines  of  the  empire  under  a  more  or 
less  severe  treatment.  In  recent  times  imprisonment  in  this 
class  of  prisons  has  not  exceeded  one  year  and  four  months. 
(2)  Prisons  for  arrest  not  exceeding  three  months.  They  have 
already  been  referred  to.  (3)  Houses  of  amendment  and 
labour  established  by  the  Empress  Catharine,  very  probably 
under  the  influence  of  Howard,  who,  as  is  well  known,  died  in 
Eussia,  and  was  buried  at  Kherson.  His  tomb  is  preserved 
there,  and  a  monument  to  his  memory  stands  in  an  open  spot 
before  the  prison  of  the  town.  Eussia  owes  to  Howard  its  first 
notions  of  the  humane  treatment  of  prisoners,  and  that  prin- 
ciple of  punishment  of  moderate  duration  {durSes  moyennes), 
in  the  pemil  system  on  which  T  desire  to  flx  the  attention  of 
my  readers.  The  idea  that  the  Empress  Catharine  adopted 
was  to  unite  under  one  philanthropic  guardianship  hospitals, 
almshouses;  lunatic'asylums,  and  a  certain  class  of  prisons 
whose  sjvecial  purpose  should  not  be  confounded  with  that  of 
prisons  for  punishments  of  long  duration  and  severity,  for  it 
was  to  effect  by  favourable  arrangements  the  prisoners'  reform- 
ation and  prepare  them  for  re-entrance  into  society.  The 
principle  of  a  general  guardianship  for  four  kinds  of  establish- 
ments uniteil  under  a  single  surveillance  has  been  tried  in 
other  places  besides  Eussia^  but  the  special  eat^ory  of  prisons 
designed  for  a  pnvise  purpose,  and  destined  exdnsively  for 
prisoners  undergoing  punishment  for  a  crime  intermediate 


RUSSIA.  189 

between  misdemeanours  and  crimes,  appears  to  be  of  Russian 
origin.     This  principle  is  not  of  a  transitory  nature.     It  is 
distinct  from  the  two  degrees  of  punishment  usually  inflicted 
in  Europe.     It  exists  separately,  and  to  give  an  account  of  it 
we  must  seek  its  origin  in  serfdom.     Not  long  ago  each  landed 
proprietor  had  the  right  of  executing  justice  among  his  serfs. 
He  could  not  only  arbitrarily  subject  them   to  disciplinary 
punishments,  but  had  power  to  imprison  and  even  deport  them 
at  his  pleasure.     It  was  for  this  kind  of  imprisonment  that  the 
penal  code  of  which  I  have  spoken  was  instituted.     It  is  im- 
posed independently  of  any  judicial  proceedings.     It  had  as  it 
were  a  paternal  character  without  regard  to  people's  rights. 
Bnral  and  town  communes  had  the  same  right.     Communal 
principles,  which  have  so  large  a  share  in  Russian  life,  give  to 
the  corporations  the  privilege  of  expelling  for  a  time,  or  for  life, 
those  members  whom  they  wish  to  correct  or  exclude.     This 
right  is  not  yet  entirely  abolished:  thus,  the  criminal  sentenced 
to  reclusion  may,  on  his  liberation,  be  accepted  or  rejected  by 
the  commune.     In  the  last  case  six  months  will  be  allowed  him 
to  comiect  himself  with  another  commune ;  after  that  period,  if 
Ws  efforts  are  unsuccessful,  he  will  be  deported  by  the  adminis- 
tration without  any  new   decision  of  the   tribunal.     Parents 
^rishing   to   be  severe    can    still    arbitrarily    imprison    their 
children. 

Since  the  reforms  introduced  during  the  present  reign,  since 
^  abolition  of  serfdom  and  the  organization  of  justice,  nu- 
i&erou8  abuses  have  rapidly  passed  into  the  domain  of  legends, 
^era  daily  disappear  and  give  rise  to  new  combinations.  But 
I  tlink  I  am  not  deceived  when  I  affirm  that  sometimes  erro- 
iieouB  and  lamentable  principles,  as  that  of  serfdom,  may  when 
^**odified  give  rise  to  just  ideas.  Thus  in  classifying  all  viola- 
**<*wof  law  (misdemeanours,  remissible  and  irremissible  crimes), 
^  assigning  strictly  to  each  crime  a  separate  and  individual 
I  P^utishment,  we  shall  perhaps  find  in  the  Russian  penal  traditions 
I  ^hat  appears  to  me  wanting  in  European  legislation,  namely, 
I  that  paternal  solicitude  which  is  never  found  in  conjunction 
I       with  any  system  of  uniform  discipline  for  all  kinds  of  crime. 

■  Biich  has  been  the  principle  of  the  houses  of  correction  already 

■  eiiablished  in  Russia,  and  of  which  I  gave  an  account  in  a 
W    Bnner  pamphlet  published  in  English  by  the  kindness  of  Dr. 


190  CONDITION  OF  PKISONS. 

Wines.  Such  is  also  the  reform  in  penitentiaxj  science  which 
the  commission  over  which  I  have  the  honour  to  preside  has 
unanimously  accepted,  the  final  decision  of  the  Government 
onlj  being  wanted. 

(4.)  The  prisons  for  industrial  sections  or  companies.  This 
institution,  which  dates  &om  1843,  belongs  also  to  the  class  of 
punishments  of  moderate  duration,  not  exceeding  four  years. 
At  first  the  duration  was  fixed  at  twelve  years,  but  it  has  been 
reduced  by  two-thirds.  These  companies,  appointed  to  public 
works,  were  in  the  province  of  the  minister  of  ways  and 
communications,  but  they  have  lately  passed  under  the  juris- 
diction of  the  minister  of  the  interior.  It  is  probable  they  will 
be  fused  in  the  institutions  which  will  be  mentioned  subse- 
quently. Such  is  the  actual  state  of  the  classification  of 
prisons,  properly  so  called,  in  Eussia.  They  have  for  their 
object  only  prevention,  amendment,  and  correction.  As 
punishment  imprisonment  in  Eussia  no  longer  exists.  It  is 
replaced  by  deportation  of  two  kinds,  exile  and  hard  labour. 
These  two  kinds  are  divided  and  subdivided,  and  demand  legis- 
lative regulations,  which  are  undergoing  reform  and  improve- 
ment by  many  special  commissions.  It  will  be  sufficient  to 
state  that  at  present  there  is  some  confusion  between  the 
principle  of  the  galley  {bagne)  and  of  criminal  colonies,  that 
serious  abuses  are  the  consequence  of  this  mildness  of  ad- 
ministration, and  that  these  abuses  will  certainly  shortly 
disappear. 

3.  The  system  of  associated  imprisonment  by  rooms  still 
exists  in  Russia  with  some  exceptions.  In  the  ostrogs  of  the 
first  class  of  prisons  there  are  cells,  or  rather  separate  rooms. 

4.  The  result  of  imprisonment  in  common  by  day  and  night, 
and  also  of  deportation,  has  been  very  lamentable.  It  has 
created  in  Russia  a  class  of  vagabonds  and  low  characters 
which  harmonises  neither  with  the  fertility  of  the  soil,  nor  with 
the  communal  constitution  of  the  country.  The  system  which 
I  individually  prefer  is,  (1)  That  of  civil  imprisonment  for  the 
accused  awaiting  trial  {les  preventifs).  (2)  Cellular  imprison- 
ment for  those  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 


BCSSIA.  191 

riet  establishments  separation  by  oiglit  in  boxes  or  small 
u  <^>en  at  the  top,  and  in  a  common  donnitoiy,  lighted, 
nnder  constant  snn-eillance ;  the  sjrstcm  of  triple  snrreil- 
ebj  day  and  work  in  common  iii  workshops.     The  reasons 
fir mj preference  are:  (1)  Tiiat  for  the  accused  the  certainty 
tit  judicial  trial  is  secnred.     (2)  Those  undergoing  sentences' 
if  ibort  duration  can  only  be  influenced  by  intimidation  and 
■fustion  from  corrupting  companii.tiship,  while  a  prolonged 
i^riionment  will  only  ruin  the  pris<.>ner  and  his  family,  and 
tend  to  produce  recidirists.     (:j)  That  as  regards  those 
vdogoing   moderate  or   long   sentences,  our  aim  should  be 
moral  and  social  reformation,  which  can  only  be  attained 
if  «eQ-directed   emulation.     Cellular   imprisonment   for  pro- 
ved periods  tends   to  brutalise  tho  prisoner  or  make  liim 
iBi^Btly  refractory  towards  his  superiors ;  this  necessarily 
Bmiahea  the  strength  und  development  of  his  individual  will, 
which  alone  his  moral  reformation  can  be  effected.     Man 
ly  can  injure  man,  but  where  there  is  equality  and 
■olgection,   he   can  just   as   certainly   benefit   him.     The 
appears  to  me  to  he  this :  how  best  to  develope  the 
instincts  of  comradeship,  and  at  the  same  time  crush  those 
are  pernicious.     In  Bussiu,  however,  from  time  imme- 
the  communal  system  lias  created  collective  probity ;  it 
t  point  of  honour  and  an  immutable  rule  with  free  workmen 
to  break  a  contract  or  promisi'  which  has  been  made,  not 
aally  but  by  the  body  collectively.     Of  such  a  breach  of 
I  believe  there  is  no  example,     I  think  it  would  be  very 
not  to  take  advantage  of  this  distinctive  trait  in  the 
l1  character,  particularly  as  wc  cannot  place  confidence 
file  individual  character  of  the  iuferior  employes.     I  am  also 
'*nviiiced   that  preliminiu'y  cellular  imprisonment,  though  a 
iple  adopted  in   Europe,  if  introduced  into  our  central 
which  are  projected,  would  he  perfectly  usolese,  although 
iM*y  not  be  the  opinion  of  the  ni;ijority  of  my  honourable 
on  the  commission.     I  ought  also  to  remark  further 
my  opinion,  any  system  to  he  just  ought  to  be  general. 
it  apply   throughout    Kussia   what    is    possible   in 
Ihe  cellular  system  for  central  prisons  in  Kussia, 
adopted,   would  lesd  to  enormous  expenditure. 


192  CONDITION  OF  PRISONS. 

This  alone  would  render  its  adoption  impossible,  especially 
when  taken  in  conjunction  with  the  fact  that,  owing  to  the 
traditions  of  the  country,  I  cannot  acknowledge  its  local  utility. 
I  have  the  highest  respect  for  the  system  so  nobly  introduced 
by  Sir  W.  Crofton ;  but  I  believe  it  is  inapplicable  to  Eussia, 
both  from  the  generic  character  of  the  prisoners,  and  their 
surroundings  within  and  without  the  prison.  I  can  say  the 
same  of  the  system  of  Sherry  Hall,  of  Auburn,  and  of  all  the 
rest.  I  regard,  on  principle,  all  servile  imitations  as  faults  and 
errors.  All  men  have  a  general  resemblance ;  but  all  i-aces,  all 
nations  even,  have  their  own  peculiar  physiognomy  while  keeping 
the  primordial  type  of  humanity.  This  physiognomy  is  a 
consequence  of  the  soil,  of  the  climate,  of  the  general  topo- 
graphy, and  partly  of  indigenous  character  and  the  historic 
facts  it  accomplishes.  In  the  same  way  in  penitentiary  art 
physiognomy  ought  to  play  its  part.  It  may  have  a  typical 
object,  but  the  processes  by  which  it  is  attained  may  be 
differently  formulated.  Thus,  in  one  country  where  everything 
collective  is  successful,  and  everjiihing  individual  formidable 
{redoutable)y  the  collective  principle  will  predominate  in  the 
system  adopted.  In  another  country,  in  which  the  conditions 
are  exactly  the  reverse,  a  reverse  course  will  be  pursued.  Dr. 
Wines,  in  a  remarkable  speech,  clearly  established  the  difference 
between  principle  and  system.  One  is  the  end,  the  other  the 
means.  Let  all  men  agree  on  the  end,  and  let  each  man  adopt 
means  best  suited  to  his  circumstances.  I  cannot,  therefore, 
declare  myself  a  supporter  of  anyother  system  than  theone  which, 
if  God  aid  me,  will  be  hereafter  known  as  the  Eussian  system. 

6.  The  necessary  funds  come  in  a  great  measure  from  the 
treasury  of  the  State.  The  minister  of  finance  annually  allows 
to  the  committees  of  prisons,  through  the  minister  of  the 
interior,  a  tolerably  large  sum.  Another  sum,  considerably 
larger,  is  placed  under  the  control  of  the  governors  of  provinces 
and  the  transport  of  prisons  and  those  subject  to  deportation. 
The  committees  of  prisons  can  also  dispose  of  the  sums  col- 
lected by  their  care.  Finally,  the  urban  and  rural  municipalities 
also  contribute  either  collectively  or  locally  to  the  specific 
expenses  of  executive  justice.  The  industrial  earnings  of 
prisoners  in  Eussia  have  hitherto  been  inconsiderable;  but 
progress  is  being  made,  and  great  results  may  be  anticipated, 


RUSSIA.  193 

€speciallj  when  we  consider  the  number  of  the  population  and 
the  immense  productive  powers  of  the  empire. 

6.  •  The  appointment  of  directors  or  members  of  committees 
is  confirmed  by  imperial  sanction.  The  other  e^nployes  are 
•appointed  by  the  minister  of  the  interior.  Their  tenure  of 
office  is  not  limited. 

7.  Honesty,  humanity,  accuracy,  and  intelligence.  The  ma- 
jority of  the  officers  actually  employed  are  far  from  possessing 
these  qualities.  This  must  be  attributed  principally  to  the 
reproach  attached  to  their  mode  of  earning  a  living. 

8.  There  are  no  special  schools  for  the  training  of  officers. 
I  do  not  see  the  need  of  them,  for  the  essential  conditions  of 
this  kind  of  employment  are  rather  moral  than  pedagogic. 
The  mechanical  part  of  the  duties  may  be  acquired  in  a  few 
days,  the  necessary  intelligence  can  be  obtained  in  all  the 
other  schools.  But  it  seems  to  me  desirable  to  establish  in  the 
administration  of  prisons  a  system  of  graduated  promotion  and 
a  special  service  having  a  connection  with  all  the  other  branches 
of  state  service. 

9.  The  system  of  pensions  is  uniform  for  aU  officials,  and  is 
subdivided  into  different  classes. 

10.  I  have  given  a  reply  to  this  question  in  section  2. 

11.  Eussian  law  strictly  orders  a  system  of  classification  for 
prisoners,  but  the  bad  condition  of  many  buildings,  and  es- 
pecially the  want  of  room,  compel  us  to  limit  ourselves  to  the 
separation  of  the  sexes  and  of  those  awaiting  trial  from  those 
sentenced,  who  are  however  classed  together  in  principal 
categories. 

12.  This  principle  is  only  admitted  in  imprisonment  with 
hard  labour,  and  yet  requires  regular  organization. 

13.  Russian  law  prescribes  work  for  the  prisoners,  and 
grants  them  a  part  of  their  earnings,  according  to  the  particular 
class  of  prison.  This  law  has  rarely  been  executed.  The 
oiganization  of  industrial  labour  is  in  reality  the  practical  base 
of  our  projects  of  reform.  An  advance  of  salary  is  the  subject 
•of  one  of  its  clauses. 

14.  There  is  not  yet  any  system  of  rewards. 

16.  Drunkenness,  which  has  been  frequently  encouraged  by 
^he  avaiioe  and  dishonesty  of  the  officers. 


194  CONDITION  OF  PRISONS. 

16.  Imprisonment  in  a  dungeon,  bastinado,  and  fetters. 

17.  A  record  of  them  is  kept  in  the  better  regulated  prisons.^ 

18.  In  all  the  large  prisons  there  are  churches  and  chaplains. 
Priests  of  all  creeds  are  admitted  to  the  prisoners  of  their 
respective  faiths.  Turks  and  Jews  are  imprisoned  apart  and 
are  allowed  the  free  exercise  of  their  worship. 

19  and  20.  In  the  present  condition  of  things,  the  duties  of 
the  chaplains  are  rather  to  perform  religious  ceremonies  than 
to  give  catechetical  instruction.     I  find  no  disadvantages  in  this 
arrangement.     Ceremonies   speak  to  the  ejes  and  the   heart. 
Eeligioiis  instruction  necessitates  in  the  priests  who  undertake 
it  the  largest  charity  and  a  high  civilization.     The  militant 
principle   of  the   gospel,   when  disconnected  from  terrestrial 
interests,  is  certainly  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  who  hear  must  likewise  be  educated,  that  they 
may  hear  and  understand.     It  is  impossible  to  deny  the  im- 
portance of  religious  worship  and  instruction,  but  I  think  in  all 
things  excess  is  pernicious.   A  man  in  more  favoui-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   an 
hypocritical  garb  of  piety  in  the  hope  of  getting  something  by 
it.     I  think  I  am  not  mistaken  in  affirming  that  the  praise- 
worthy desire  to  reform  has  often  been  wanting  in  an  intel- 
ligent comprehension  of  human  nature.     Virtue  is  not  manu- 
fiujtured  by  determined  methods ;  such  methods  can  only  pro- 
duce the  absence  of  vice,  not  the  presence  of  individual  morality 
which  can  escape  all  rocks.     I  have  found  out  by  experience 
that  we  have  many  more  chances  of  success  when  we  appeal  to 
men  through  their  interests  than  through  their  good  senti- 
ments, that  by  removing  fix>m  them  the  opportunity  of  doing 
evil,  we  naturally  lead  them  to  do  well,  while  we  fedl  to  torn 
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  religious  instruction  in  all  cen- 
tral prisons.     But  I  think  religious  reformation  should  not  be 
the  declared  object,  but  lefb  to  develope  itself  in  proportion  aa 


RUSSIA.  195 

liope  and  confidence  re-enter  the  heart  of  the  criminal,  and  as 
lie  sees  that  his  own  welfare  depends  on  his  reconciliation  with 
society. 

21.  There  are  few  persons  in  Enssia  who  devote  themselvea 
to  the  moral  reformation  of  prisoners.  We  ma  j  mention  some 
remarkable  exceptions,  among  others  Dr.  Hase,  who  has  left 
behind  him  a  tender  celebrity.  Charity  towards  prisoners  and 
even  to  those  who  have  escaped  is  exercised  on  an  immense 
scale  in  Sussia.  We  cannot  calculate  the  number  of  millions 
that  every  year  are  spent  in  gifts  of  money  and  prorisions  to 
persons  quite  unworthy  of  them,  for  almsgiving  to  prisoners 
encourages  drunkenness  and  vagrancy,  and  produces  disorder. 
People  never  reason  about  it ;  they  do  not  recognise  the  right 
of  judging  their  fellow-men,  but  they  acknowledge  the  duty  of 
sacGOuring  the  destitute  and  prisoners  in  accordance  with  the 
words  of  the  Gospel  (St.  Luke).  The  pillory  has  never  caUed 
forth  an  insult ;  but  the  scaflFold  which  bears  the  pillory  is  often 
covered  with  coin. 

22.  Schools  are  being  gradually  introduced  into  all  the 
prisons  of  any  size.  Even  before  the  organization  of  schools 
an  attempt  was  made  to  commence  discussions  on  scientific 
subjects  on  Sunday.  The  prisoners  are  interested  in  them,  and 
prefer  them  to  school. 

23.  The  law  is  the  same  on  this  subject  as  almost  every- 
where else. 

24.  The  majority  of  the  prisoners  can  neither  read  nor 
write.    It  is  not  possible  to  reply  to  these  questions. 

25.  See  section  23. 

26.  Idem. 

27.  The  effect  of  these  visits  depends  on  the  morality  of  the 
visitors.  I  do  not  suppose  parents  coming  to  visit  their  chil- 
dren could  injure  them.  Moreover,  I  regard  that  degree  of 
disciplinsry  punishment  which  suspends  the  right  of  receiving 
all  visits  whatever  as  unjust  and  unwise,  particularly  as  it 
fireqnentlj  punishes  the  visitors  very  much  more  than  the 
prisoners. 

28.  The  majority  of  prisoners  have  no  elementary  knowledge. 

29.  See  section  22. 

30.  The  only  condition  is  their  own  good- will. 

31.  Instruction  in  prison  is  only  just  commencing  in  Eussia;. 

o  2 


196  CONDITION  OF  PRISONS. 

it  is  not  possible,  therefore,  to  give  any  details  on  the  subject. 
It  is  proposed  not  to  limit  the  instruction,  and  to  divide  the 
course  into  two  classes,  in  addition  to  the  conferences  on  Sun- 
day. Mr.  Savenko,  a  distinguished  criminalist  (specialiste)  has 
already  made  some  remarkable  efforts  in  this  direction. 

32.  Libraries,  although  still  poorly  supplied,  are  found  in 
many  prisons. 

33.  When  there  is  no  compulsion  exercised,  the  prisoners  are 
fond  of  reading  and  of  listening  to  reading.  Aged  believers 
read  only  pious  books  ;  the  young  generation,  not  being  allowed 
novels,  ask  for  poems. 

34.  In  the  new  buildings,  in  spite  of  the  difficulties  offered 
by  the  climate,  the  greatest  care  is  given  to  drainage.  In  the 
old  prisons  everything  connected  with  this  subject  is  in  a  more 
or  less  barbarous  state,  as  indeed  is  the  case  in  many  prisons 
elsewhere  in  civilised  Europe,  where  vessels  are  placed  in  the 
middle  of  the  rooms. 

35.  The  average  has  not  been  calculated. 

36.  See  section  34. 

37.  The  cleanliness  of  the  prisons  still  depends  more  or  less 
on  the  care  of  the  directors  and  principal  officers.  Some  are 
very  clean,  others  are  horribly  dirty. 

38.  The  use  of  hot  baths  on  the  Eussian  system  maintains 
bodily  cleanliness. 

39.  The  water-closets  are  generally  primitive.  Those  used 
during  the  day  are  simply  perforated  planks  above  a  pit  more 
or  less  deep ;  for  use  by  night  there  are  portable  vessels  of  wood. 
We  are  now  engaged  in  finding  a  method  which  will  unite 
economy,  cleanliness,  and  pure  air  in  a  severe  climate ;  but  the 
problem  is  not  easy. 

40.  Almost  everywhere  by  tallow  candles. 

41.  Almost  everywhere  by  a  system  of  stoves  used  in  Eussia 
for  keeping  up  the  temperature.  Each  stove  is  heated  sepa- 
rately. In  exceptional  prisons  the  system  of  Amossoff  is  em- 
ployed. 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  solu- 
tion of  the  difficulty  as  respects  cheapness,  climate,  security, 
and  other  desirable  advantages. 

42.  In  most  prisons  the  prisoners  have  no  bed.    They  sleep 


BUSSU.  197 

on  planks  ranged  side  bj  side,  and  fixed  on  ovens  {escaheaux} 
about  a  metre  from  the  plank. 

48.  The  bedding  is  the  same  as  that  used  everywhere  else  — 
a  mattress  and  a  bolster  fitted  with  straw,  a  linen  sheet,  and  a 
coarse  cloth  blanket. 

44.  Discipline  has  been  introduced  only  into  some  of  the 
prisons. 

45.  In  the  large  prisons  there  are  certain  portions  in  which 
the  sick  are  treated.  These  portions  are  usually  very  well 
arranged  and  attended  to. 

46.  Scurvy  and  pulmonary  diseases. 

47-  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  led  before  their 
imprisonment ;  they  had  been  too  much  addicted  to  alcoholic 
stimulants. 

48.  See  section  47. 

49.  We  are  beginning  to  make  a  marked  difference  between 
the  diflferent  kinds  of  work,  in  accordance  with  a  theory  of 
which  I  have  given  an  account.  Industrial  work,  which  scarcely 
existed  in  times  past,  is  now  making  great  progress,  owing  to 
the  advantages  it  offers  the  prisoner,  for  he  sees  that  he  can 
escape  relapse,  from  which  a  too  slender  wage  and  barren 
catechising  could  not  save  him. 

50.  Penal  labour  alone  cannot  have  a  beneficial  influence. 
This  is  nowhere  more  clearly  proved  than  in  Siberia,  where  the 
number  of  escapes  may  be  counted  by  thousands. 

61.  Most  intense  hatred  of  authority  and  the  desire  of  ven- 
geance where  penal  is  not  conjoined  with  industrial  labour, 
which  is  the  only  means  of  reformation. 

52.  Penal  labour  in  the  open  air  improves  the  health  of  the 
prisoners. 

53.  Industrial  labour  let  to  contractors  has  alone  produced 
good  results.  It  is  now  proposed  to  conduct  part  of  the  penal 
labour  by  contract. 

64.  Undoubtedly  the  first  under  certain  conditions.  The 
Administration  ought  not,  in  my  opinion,  to  interfere  with  it& 
direct  duties  by  the  care  of  commercial  undertakings. 

56.  Mj  reply  is  contained  in  the  second  part  of  this  report. 

56.  A  well-organized  office  for  statistics  has  only  just  been. 


198  CONDITION  OF  PRISONS. 

•opened  by  the  minister  of  justice.  We  cannot  therefore  yet 
give  exact  figures,  but  the  majority  are  ignorant  of  a  trade. 

57,  This  is  precisely  what  the  proposed  reform  intends  to 
•teach  them. 

68.  We  regard  self-help  as  of  the  highest  importance,  peni- 
■tentiary  science  being  nothing  else  than  a  warfare  against  all 
causes  producing  recidivists. 

59.  They  not  only  fail  to  produce  good  results,  but  they 
^nreate  professional  criminals. 

60.  See  section  66. 

61.  Eelapse,  as  everywhere,  is  taken  into  consideration  by 
the  judge. 

62.  Prisons  for  debt  still  exist  in  all  their  severity ;  but  a 
special  commission  has  just  drawn  up  a  scheme  in  virtue  of 
which  imprisonment  for  debt  will  no  longer  be  allowed,  except 
in  a  limited  number  of  cases.  The  treatment  of  prisoners  for 
debt  is  however  infinitely  less  severe  than  for  prisoners  of  the 
other  categories. 

63.  The  cause  of  crimes  in  Eussia  arises  from  a  certain 
oriental  fatalism  which  is  in  the  foundation  of  the  character  of 
the  people.  This  fatalism,  which  is  associated  with  a  profound 
religious  faith,  frequently  inspires  a  singular  indifference  to 
life  or  death,  to  the  enjoyments  or  privations  of  life,  and  some- 
times even  to  good  or  evil.  It  results  in  a  kind  of  slothfulness, 
which  is  frequently  overcome  by  the  temptations  of  drunkenness 
and  its  consequences.  It  must  be  acknowledged  that  the 
want  of  a  general  system  of  elementary  education,  abuses  tole- 
rated by  a  still  defective  administration,  and  a  legislation  which 
is  not  yet  definitely  settled,  contribute  in  propagating  lamentable 
disorders.  It  must  also  be  granted  that  in  the  Bussian  peni- 
tentiary system,  the  cause  of  criminality  must  be  kept  in  view, 
just  as  the  cause  of  disease  should  not  be  forgotten  when  the 
physician  proceeds  to  treat  his  patient. 

64.  The  proportion  of  women  is  about  ten  per  cent.  The 
•exact  proportion  cannot  yet  be  stated. 

65.  It  is  the  declared  object  of  all  penal  legislation,  but  in 
the  past  we  have  been  far  from  having  ai^jbained  it. 

66.  Undoubtedly  worse,  for  the  liberated  who  have  undergone 
their  sentence,  or  who  have  taken  advantage  of  fiEioilitieB  for 
escape,  are  the  plague  of  their  country. 


KI\SSIA.  199 

67.  Xothing  in  the  way  of  a  general  scheme  has  yet  been 
"tried  for  this  purpose. 

68.  The  first  patronage  society  has  just  been  oflBcially  estab- 
lished at  St.  Petersburg. 


SWEDEN. 

1.  All  the  prisons  of  Sweden  are  placed  under  the  control 
:and  administration  of  a  central  authoidty — the  General  Ad- 
ministration of  Prisons. 

2.  Under  this  General  Administration,  the  provincial  govern- 
ment has  the  direct  inspection  of  the  cellular  prisons  established 
in  each  province.  The  General  Administration  derives  its 
authority  from  the  Government,  to  which  all  reports  are  made 
by  the  minister  of  justice. 

8.  There  are  in  Sweden :  (a)  cellular  penitentiary  prisons  in 
eBch  province,  in  the  cells  of  which  the  prisoners  are  kept  both 
day  and  night.  (5)  Central  prisons  on  the  associated  system  : 
fiome  are  specially  appropriated  to  women,  others  to  men. 
(c)  Houses  of  arrest  in  certain  towns  or  small  districts  in  which 
the  accused  are  kept  during  judicial  proceedings. 

4.  The  cellular  prisons  are  used  :  (a)  for  the  accused  during 
trial,  (6)  for  those  sentenced  to  hard  labour  for  two  years  and 
under,  (c)  for  those  who  have  been  sentenced  only  to  reclusion, 
■(d)  for  those  who,  for  want  of  means  to  pay  the  penalty  to 
which  they  have  been  sentenced,  have  to  submit  to  imprison- 
ment on  bread  and  water.  Certain  prisons  on  the  associated 
system  are  used  for  those  sentenced  to  hard  labour  for  life,  and 
other  prisons  for  those  sentenced  to  hard  labour  for  more  than 
two  years. 

The  viciousness  of  the  prisoner  cannot  be  augmented  by 
the  cellular  treatment.  On  the  contrary,  religious  instruction, 
severe  discipline,  and  complete  isolation  must  necessarily  have 
a  refonnatoiy  influence  on  his  character.  After  such  imprison- 
ment, experience  has  shown  that  he  can  more  readily  find  new 
industrial  occupation.  Collective  prisons,  such  as  still  generally 
•^dst  in  Sweden,  having  dormitories  in  common,  for  from  40 
4o  130  prisoners,  must  be  regarded,  in  spite  of  the  strictest 


200  CONDITION  OF  PRISONS. 

possible  surveillance,  as  nurseries  of  vice  and  crime.  Tho}^ 
render  the  prisoner's  restoration  to  society  very  difficult,  if  not 
impossible.  In  my  opinion,  of  the  two  systems,  preference  is 
to  be  given  to  the  cellular,  unless  when  the  imprisonment  is  of 
short  duration,  and  during  the  first  months  of  a  long  imprison- 
ment. Next  in  order  of  merit  I  should  place  the  collective 
prisons  in  which  the  prisoners  are  kept  in  separate  cells  during 
the  night,  and  when  they  are  not  at  work  under  special  super- 
vision. If  prisons  are  not  to  deprave  prisoners  by  association, 
the  work  should  be  executed  by  small  groups  of  from  ten  to 
fifteen  in  each  workshop,  under  strict  surveillance,  and  under  a 
direction  which  gives  moral  instruction.  Of  all  known  peni- 
tentiary systems,  it  appears  to  me  that  the  most  excellent  for 
securing  moral  reformation  is  the  Crofton,  or  progressive,  system 
adopted  in  Ireland,  with  its  special  stages  through  which  the 
prisoner  must  pass. 

5.  Prisons  and  prisoners  are  supported  by  the  funds  of  the 
State,  annually  granted  by  the  Parliament.  Small  houses  of 
arrest  in  some  towns  or  small  country  districts  are  supported 
by  the  towns  or  districts  themselves.  In  collective  prisons,  the 
prisoners  are  engaged  on  compulsoiy  labour  for  the  State.  The 
sum  gained  by  their  work  is  about  equal  to  the  cost  of  their 
food.  The  sum  gained  by  the  work  of  the  women  is  equal  to 
the  expense  both  of  their  food  and  clothing.  The  State  is  not 
directly  benefited  by  the  work  of  the  prisoners  in  the  cellular 
prisons.     (See  the  answer  to  question  13  which  follows.) 

6.  The  directors  and  officers  of  all  the  State  prisons  are^ 
nominated  by  the  General  Administration  of  Prisons.  All  those 
employed  are  appointed  for  an  unlimited  time :  but  generally 
they  retain  their  offices  so  long  as  they  are  fit  for  their  work. 
The  inferior  officers  retain  their  posts  so  long  as  they  give 
satisfaction  to  their  superiors. 

7.  In  appointing  officers,  preference  is  given  to  those  who 
have  a  calm  and  equable  temper,  a  humane  and  grave  disposi- 
tion, and  a  mind  with  a  stern  regard  for  justice,  order,  and 
punctuality  in  the  performance  of  duty.  Most  of  the  officers 
actually  possess  these  qualities. 

8.  There  are  no  special  schools  for  the  education  of  prison 
officers.  The  need  of  establishing  such  schools  for  giving  them 
special  knowledge  and  moral  training,  becomes  more  and  more 


SWEDEN.  201 

felt.  Till  thej  are  established,  those  who  seek  situations  in 
prison,  pass  a  certain  time  in  a  well-conducted  prison :  but  as 
they  learn  here  only  the  routine  of  their  work,  and  do  not  gain 
the  intelligence  necessary  for  the  discharge  of  their  duties,  a 
normal  school  for  the  education  of  young  men  intending  to 
become  prison  officials  is  recommended. 

9.  On  attaining  the  age  of  fifty-five,  the  officers  have  the 
right  of  quitting  the  service  with  a  pension  of  two-thirds  of 
their  salary.  Those  who  serve  till  sixty-five  years  of  age, 
generally  receive  from  the  parliament  a  pension  equal  to  their 
whole  salary. 

10.  The  prisoner  who  is  kept  in  prison  during  trial,  or  is 
undergoing  a  sentence  of  reclusion,  has  not  to  submit  to  com- 
pulsory labour :  he  spends  his  time  at  any  work  he  likes,  or  in 
reading.  With  the  consent  of  the  director  of  the  prison,  he 
can  procure  for  himself  better  food  and  more  comforts  than  the 
prison  supplies  to  him,  but  this  must  be  so  done  as  not  to 
mterfere  with  the  order  and  security  of  the  prisoners.  Those, 
however,  who  are  sentenced  to  hard  labour  are  compelled  to 
do  the  work  set  them,  and  they  can  obtain  nothing  whatever 
beyond  what  is  sanctioned  by  the  Administration  and  the  regu- 
lations.    {See  No.  13.) 

There  are  in  Sweden  no  prisons  for  severer  treatment,  nor 
any  system  corresponding  to  tlie  bagnio  in  France.  The  work 
is  always  industrial,  the  prisoners  engaged  in  it  are  never 
chained.  Irons  can  only  be  exceptionally  employed,  as  during 
the  removal  of  prisoners,  or  when  any  of  them  are  so  violent 
that  they  can  be  subdued  in  no  other  way. 

11.  There  is  no  system  of  classification  of  the  prisoners  ex- 
cept that  the  two  sexes  are  kept  separate.  The  men  and 
women  in  cellular  prisons  are  guarded  in  separate  divisions. 
In  the  collective  prisons,  as  far  as  space  permits,  the  youthful 
prisoners  and  those  sentenced  to  a  punishment  not  infamous 
deep  apart  from  the  other  prisoners. 

12.  Good  conduct  produces  no  abridgment  of  the  time  of 
imprisonment.  The  King,  however,  has  still  the  right  of 
pardoning  a  prisoner.  Since  the  application  in  1865  of  the 
new  and  more  elastic  penal  code,  this  right  has  been  almost 
exdusivelj  exercised  in  favour  of  those   sentenced  to  hard 


"202  CONDITION  OF  PRISONS. 

labour  for  life,  and  whose  conduct  for  ten  years  has  been  per- 
fectly satisfactory. 

13.  In  the  collective  prisons  prisoners  have  a  salary  of  from 
3  ore  to  25  ore  (from  4  to  34  centimes)  per  day,  varying  with 
the  nature  of  their  work  and  their  diligence.  The  prisoners 
who  act  as  foremen,  as  well  as  those  who  are  distinguished  for 
skill,  sometimes  receive,  with  the  permission  of  the  authorities 
and  of  the  contractors,  an  increase  of  salary,  rising  to  60  cen- 
times, in  proportion  to  their  work. 

In  the  cellular  prisons  in  the  provinces,  in  which  the  direc- 
tor procures  both  work  and  materials,  the  salaries  of  the 
prisoners  sentenced  to  hard  labour  are  paid  on  the  following 
scale :  The  prisoner  receives  two-sixths ;  the  director  for  in- 
spection and  furniture  two-sixths;  the  officers  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  any  offence  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  of  the  sum  in  buying  additional  food,  as 
bread,  beer,  cheese,  lard,  &c.  But  this  expenditure  must  not 
exceed  two  francs  per  week.  Those  who  work  in  the  open  air 
especially  require  this  extra  food. 

14.  There  are  no  other  rewards  to  stimulate  the  prisoners' 
zeal.  The  money  given  them  from  the  savings'  box  on  their 
liberation  for  the  purchase  of  clothing  and  temporary  support 
is  considered  a  suitable  and  sufficient  encouragement.  Idleness 
and  neglect  to  work  in  proportion  to  ability,  faults  of  rare 
occurrence,  are  regarded  as  offences,  and  duly  punished. 

15.  In  cellular  prisons  the  most  usual  offences  are  attempts 
to  communicate  with  other  prisoners,  drawing  and  writing  on 
the  walls,  &c.,  and  neglect  of  cleanliness. 

In  the  collective  prisons  the  most  frequent  violations  of 
regulations  are  insults  in  words  and  actions  of  officers  and 
prisoners,  attempts  to  procure  spirits  (brandy,  &c.)  cheating 
.and  thefts. 

16.  In  cellular  prisons  the  punishmentsconsist  of  withdrawal 
•  of  bed-clothes,  diminution  of  nourishment,  or  imprisonment  in 
.a  dark  cell  for  eight  hours  at  most.     This  punishment  is  in- 


SWEDEN.  203 

fiicted^  at  the  request  of  the  director,  by  the  provincial  govern- 
ments 

In  the  collective  prisons,  besides  the  punishments  just  cited, 
we  can  inflict  imprisonment  in  a  cell  with  or  without  labour, 
and  for  very  grave  offences,  in  rare  cases,  la  hastonnade  on  men. 
Imprisonment  in  a  cell  for  a  period  exceeding  a  month  can  only 
be  inflicted  by  the  central  authority. 

17.  An  exact  record  of  the  punishment  is  kept. 

18.  Only  Lutheran  pastors  are  placed  in  each  prison.  Very 
few  prisoners  of  any  other  religious  belief  are  found.  ^ 

19.  The  duties  of  the  chaplain  are  to  hold  divine  service, 
administer  the  Sacraments,  examine  on  the  Christian  religion, 
and  give  religious  instruction.     He  finds  out  by  conversation 

.  the  state  of  the  prisoner's  minds,  and  seeks  their  moiul  reform- 
ation. He  has  also  charge  of  the  library  and  the  church 
registers,  in  which  he  enters  observations  on  the  previous  mode 
of  life  and  conduct  of  the  prisoners.  He  gains  this  information 
at  the  time  of  their  examination  or  admission  into  x^rison. 

20.  If  the  religious  instructor  is  equal  to  his  high  mission, 
and  zealously  devotes  himself  to  it  so  as  to  inspire  the  prisoners 
with  submission  and  confidence,  their  spiritual  faculties  ai'e  con- 
siderably developed,  they  gain  a  clear  perception  of  justice,  and 
many  of  them  are  led  to  form  a  firm  resolution  to  live  honestly. 

2L  Strangers  cannot  have  access  to  the  prisoners  without 
special  permission ;  but  persons  of  high  character  and  capable 
of  labouring  for  their  moral  reformation  are  generally  permitted 
to  visit  them. 

22.  Sunday-schools  are  only  exceptionally  found  in  very  few 
prisons.  Instruction  in  the  collective  prisons  has  had  a  bene- 
ficial influence.  In  the  prisons  for  women  well-known  ladies 
have  obtained  permission  to  visit  the  prisoners  on  Sunday,  in 
order  to  instruct  them  and  practise  them  in  chanting. 

23.  Prisoners  awaiting  trial  and  those  sentenced  to  imprison- 
ment can^  with  the  permission  of  the  director,  both  write  and 
receive  letters.  The  director,  or  an  officer  appointed  by  him, 
luw  to  take  core  that  the  letters  contain  nothing  contrary  to 
the  i^gnlations,  or  which  tends  to  conceal  evidence  against  the 
iooused. 

'  At  the  end   of  1870  there  were  1,735  Jiiws,  ;)12  Roman  Catholics,  28  Grotk 
Catholics,  147  Anglicans,  and  27  Koformod  J^rcnch  Protectants. 


204  CONDITION  OF  PKISONS. 

On  liis  request  a  prisoner  sentenced  to  hard  labour  is  allowed 
to  write  many  times  in  a  year  to  his  nearest  relatives. 

24.  The  correspondence  of  the  prisoners  with  their  friends 
and  relatives  has  had  a  good  effect  on  the  former. 

25.  Prisoners  undergoing  trial,  and  sentenced  prisoners,  are 
allowed  to  receive  visits  from  their  friends,  unless  the  director 
for  some  reason  makes  an  objection. 

Prisoners  sentenced  to  hard  labour,  without  the  special  per- 
mission of  the  director,  cannot  see  even  their  nearest  relatives. 

26.  These  visits  are  always  made  in  presence  of  the  director, 
or  an  officer  sent  by  him,  who  hears  the  conversation,  and  stops 
it  if  it  is  in  any  way  inconsistent  >vith  the  regulations,  security, 
or  the  course  of  justice. 

27.  These  visits,  being  duly  regulated,  have  not  any  bad 
effects. 

28.  On  their  admission  into  prison  the  prisoners  can  gene- 
rally read  and  write. 

29.  In  some  of  the  large  collective  prisons  classes  are  formed 
for  those  who  cannot  read,  and  who  are  ignorant  of  Christianity. 
In  the  other  prisons  such  instruction  is  given  in  the  cells. 

30.  All  unable  to  read,  and  ignorant  of  Christianity,  who  are 
not  too  old,  are  allowed  to  attend  school. 

31.  Instruction  is  limited  to  reading,  Christianity,  the  ele- 
ments of  history  and  geography,  orthography,  the  four  rules  of 
arithmetic,  and  natural  history.  The  progress  is  about  equal  to 
that  made  in  the  national  schools,  and  is  satisfactory. 

32.  There  are  small  libraries  in  the  prisons.  The  books  are 
chiefly  on  religious  subjects,  collections  of  sermons,  books  of 
piety,  moral  tales,  elements  of  natural  history,  &c.  The  New 
Testament,  a  hymn-book,  and  the  book  of  Psalms  are  in  the 
possession  of  every  prisoner. 

33.  The  prisoners  voluntarily  spend  their  leisure  time  and 
their  holidays  in  reading  either  individually  or  in  classes.  In 
the  latter  case  one  of  themselves  or  an  officer  reads  aloud. 
Some  of  the  prisoners  have  read  all  the  books  in  the  library. 

They  prefer  religious  and  moral  books,  or  accounts  of  voyages. 
On  Simdays  they  practise  sacred  music.  In  some  prisons  the 
prisoners  chant  the  Psalms  in  four  parts,  or  other  more  simple 
chants. 


SWEDEN.  205 

The  reading  and  chanting  have  a  good  influence  both  on  the 
manners  and  minds  of  the  prisoners. 

84.  The  prisons  are  generally  healthy  both  in  situation  and 
in  mode  of  draining.     Many  are  situated  near  the  water's  edge. 

35.  The  water  is  generally  of  good  quality  and  sufficient  in 
quantity,  which  is  not  calculated. 

36.  The  collective  prisons  have  not  the  apparatus  necessary 
for  ventilation.  In  the  cellular  prisons  there  are  special  tubes 
for  introducing  pure  air,  and  for  carrying  off  that  which  is 
vitiated. 

87.  The  directors  and  the  officers  are  ordered  by  the  regula- 
tions to  enforce  the  strictest  cleanliness.  Experience  has 
proved  that  this  order  is  duly  executed. 

38.  The  prisoner  on  his  admission  has  a  bath  and  receives 
clean  clothes.  They  change  their  linen  every  week,  their  sheets 
every  fortnight.  Cleanliness  is  maintained  by  good  order  and 
by  baths,  especially  during  summer,  in  an  open  basin. 

39.  The  water-closets  are  constructed  in  various  ways,  but 
they  are  not  completely  satisfactory. 

•to.  Tor  lighting  the  cells  and  dormitories  portable  oil  and 
petroleum  lamps  are  commonly  employed ;  gas  is  used  excep- 
tionally in  some  prisons. 

41.  The  collective,  and  some  of  the  cellular,  prisons  are 
heated  by  open  grates,  or  by  hot-air  stoves,  in  which  wood  or 
oil  is  burnt.  The  largest  cellular  prisons  are  heated  by  pipes 
^containing  hot  water,  which  is  impelled  through  them  by  a 
steam-engine  placed  in  the  cellar. 

42.  The  bedsteads  are  generally  made  of  iron  in  the  collective 
prisons;  in  cellular  prisons  hammocks  are  used;  these  are 
suspended  on  hooks  in  the  direction  of  the  length  of  the  cell. 

43.  The  bed  is  composed  of  a  mattress  and  a  bolster  filled 
with  straw,  a  sheet,  and  a  blanket.  The  hammocks  are  sup- 
plied with  a  mattress,  a  small  pillow,  a  sheet,  and  a  blanket. 

44.  During  winter  the  hours  for  sleep  are  from  8  p.m.  to 
6  A.M. ;  during  summer  from  9  p.m.  to  5  a.m.  Morning  and 
evening,  half-an-hour  is  occupied  in  washing,  in  prayer,  and  in 
inspection  by  the  officers.  Half-an-hour  is  allowed  for  break- 
fastf  the  same  for  supper,  and  an  hour  for  dinner.  On  Satur- 
day work  finishes  at  4  o'clock. 


206  CONDITION  OF  PRISONS. 

In  winter  those  wlio  work  in  the  open  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  hoin*s  per  day ; 
the  remainder  of  their  time  is  spent  in  reading  and  instruction. 

45.  In  cellular  prisons  the  sick  are  commonly  attended  to  in 
their  cells  ;  but  during  sickness  they  have  a  bed  instead  of  the 
usual  hammock.  In  serious  cases,  or  in  epidemics,  the  sick 
are  tralisfeiTed  to  a  special  room  which  exists  in  every  cellular 
prison. 

In  prisons  on  the  associated  system  there  are  special  in- 
firmaries with  spacious  and  well-ventilated  rooms,  to  which  are 
immediately  removed  all  prisoners  who  from  any  sickness  or 
wound  are  incapable  of  working.  No  prisoner  on  the  sick  list 
is  allowed  to  remain  in  the  workrooms  or  in  the  common  dor- 
mitories. 

46.  The  most  common  diseases  are  pulmonary  consumption, 
aflfections  of  the  stomach  and  intestines,  especially  among 
prisoners  who  work  in  the  open  air.  During  summer  scurvy 
not  imfrequently  prevails. 

47.  During  five  years  the  average  of  sick  has  been,  in  col- 
lective prisons,  i'4  per  cent ;  in  cellular  prisons  4  per  cent ; 
7*3  per  cent  for  the  liberated  and  vagrants  sentenced  to  public 
labour  {travaux  publics). 

48.  In  the  same  period  the  deaths  were,  in  the  collective 
prisons,  3  per  cent. ;  in  cellular  prisons  2  per  cent.;  and  3  per 
cent,  for  those  sentenced  to  public  labour. 

49.  No  distinction  is  made  between  penal  and  industrial 
labour.  In  the  collective  prisons  for  men  most  of  the  prisoners 
are  occupied  in  cutting  granite  for  buildings,  pavements,  &c.  A 
large  part  of  these  products  are  exported  abroad.  In  one  prison 
they  cut  up  pine- wood  to  make  matches.  Fine  joiners'  work 
is  also  executed.  All  the  articles  produced  are  for  exportation. 
In  other  prisons  they  largely  manufacturelinen  and  woollen  cloth. 
In  another  prison  they  manufacture  coarse  cloth  and  blankets  for 
the  prisons  of  the  kingdom.  The  garments,  the  shoes  and  stock- 
ings, and  the  bed-sheets  for  prisoners,  as  well  as  a  part  of  the 
clothing  of  the  army,  are  made  in  collective  prisons.  The 
women  are  engaged  in  making  textile  fabrics,  in  all  sorts  of 
sewing   and  binding,  in  glove-making,  &c.      In  the  cellular 


SWEDEN.  207' 

prisons,  when  it  is  the  duty  of  the  director  to  find  work  for  the 
prisoners,  they  execute  all  kinds  of  miinual  labour,  as  tailoring, 
shoe-making,  and  some  kinds  of  joiners'  work.  The  women 
sew,  knit  stockings,  and  sometimes  weave.  Recently  making 
match-boxes  has  been  their  principal  work. 

SO.  Penal  labour  has  not  had  a  sufficiently  deterrent  effect  to 
reduce  the  number  of  recidivists. 

61.  Compulsory  labour  gradually  gives  the  prisoners  habits 
of  order  and  diligence,  and  renders  the  violent  more  tractable. 

52.  In  the  collective  prisons  work  in  the  open  air,  as  cutting 
granite,  and  that  which  is  done  in  large  workshops,  has  greatly 
contributed  to  the  prisoners'  health ;  so  also  has  their  recrea^ 
tion  in  the  spacious  courts  of  the  prisons. 

53.  All  the  industrial  labour  in  the  collective  prisons  is  let  to 
contractors,  with  the  exception  of  that  which  is  done  to  supply 
the  needs  of  the  Administration,  such  as  the  manufiicture  of 
fabrics  for  the  prisoners'  clothing. 

54.  To  secure  the  moral  reformation  of  the  prisoners  the 
industrial  labour  should  be  under  the  direction  of  the  Prison 
Administration. 

55.  When  there  is  competition  between  the  contractors  for 
the  allotment  of  the  prisoners'  industrial  labour,  the  Central 
Administration  selects  such  contractors  as,  from  the  nature  of 
the  work  and  their  personal  qualifications,  offer  most  advan- 
tages to  the  Administration  itself. 

66.  In  Sweden  the  inhabitants  of  the  towns  form  only  about 
12  per  cent,  of  the  total  population  of  the  countr}^  In  the 
cotuitrj  men  are  chiefly  farm  labourers  or  miners.  It  conse- 
quently follows  that  the  number  of  prisoners  who  on  their 
commitment  have  learned  a  trade,  is  relatively  small.  More 
than  90  per  cent,  are  ignorant  of  any  trade. 

67.  During  their  imprisonment,  prisoners  leam  the  various 
kinds  of  work  on  which  they  are  employed  (sec  49). 

58.  To  attain  the  important  result,  that  the  prisoner  on  his 
liberation  shall  know  a  tirade  by  which  he  can  eani  his  living, 
special  trade-masters,  during  recent  years,  have  been  engaged  to 
^▼ethe  necessary  instruction  to  prisoners  in  the  cellular  prisons. 
Further  measures  in  this  direction  will  be  adopted  at  an  early 
date.     One  effectual  plan  will  be  to  grant  the  greater  part  of 


•208  CONDITION  OF  PRISONS. 

his  earnings  to  every  prisoner  who  in  prison  has  learned  and 
works  at  a  trade  capable  of  supporting  him. 

59.  Short  imprisonments  often  repeated  for  slight  offences 
have,  in  my  opinion,  a  pernicious  influence  on  the  prisoner ; 
he  cannot  gain  that  settled  and  tranquil  mind  which  is  required 
for  moral  reformation. 

60.  During  the  last  five  years  the  number  of  recidivists  has 
risen  on  the  average  to  28  per  cent.  But  since  Sweden  suffered 
from  scarcity  of  food  in  1866,  1867,  and  1868,  and  that  conse- 
quently it  was  difficult  for  men  te  find  work,  an  extraordinary 

:  addition  was  made  in  the  number  of  crimes  against  property. 
Hence  the  percentage  of  recidivists,  before  mentioned,  is  con- 
siderably above  the  average. 

61.  The  punishment  of  recidivists  for  robbery  is  gradually 
increased  in  severity ;  a  fourth  sentence  may  inflict  ten  years 
of  penal  labour,  and  in  very  grave  cases  accompanied  by  aggra- 
vating circumstances  the  sentence  may  be  even  for  life.  It  is 
not  considered  robbery  on  the  two  first  occasions  if  the  small 
thefts  are  below  twenty-one.  francs.  This  year  the  national 
Parliament  has  determined  to  lower  the  scale  of  punishment 
for  recidivists  convicted  of  robbery. 

62.  Since  1868  imprisonment  for  debt  exists  only  in  the  case 
where  the  debtor  refuses  to  declare  on  oath  that  he  is  without 
resources.  Such  prisoners  are  treated  as  prisoners  awaiting 
trial.  They  therefore  do  no  work,  and  are  allowed  to  obtain 
better  nourishment  and  comfort  than  ordinary  prisoners. 

63.  The  chief  causes  of  crime  are  carelessness  in  youth, 
vicious  society  and  examples,  poverty,  generally  existing  among 
the  laboming  population,  and  springing  from  improvidence,  and 
a  hand-to-mouth  kind  of  life,  and  lastly,  an  ever- constant 
desire  for  spirits.  An  additional  cause  is  that  he  who  has  once 
fallen  into  crime  and  suffered  for  it  is  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  difficidt,  as  by  the  law  itself  still  in  force  every  person  who 
has  been  sentenced  for  crimes  against  property,  forgery,  murder, 
4S: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 


SWEDEN.  20& 

pertaining  to  honourable  men.    His  civil  degradation  is  entered 
on  his  certificate  of  conduct. 

With  regard  to  crimes  of  violence  without  premeditation 
against  persons,  and  which  often  occur  in  certain  districts,. 
their  chief  cause  must  be  attributed  in  part  to  an  ancient  or 
inborn  disposition  coming  from  the  old  Vikings  or  pirates  who- 
made  maritime  expeditions  to  lay  foreign  lands  under  tribute,, 
and  in  part  to  that  political  hostility  which  formerly  existed, 
between  the  populations  on  the  two  sides  of  the  Danish  frontier.. 
Yet,  out  of  the  whole  number  of  crimes,  those  against  property 
amount  to  seventy-five  per  cent.      Infanticide,  with  various- 
degrees  of  guilt,  is  the  most  common  crime  among  women. 

64  Of  the  total  number  of  prisoners  sentenced  to  penal. 
labour  during  the  last  ten  years  the  mean  average  number  of. 
women  has  been  eighteen  per  cent. 

65  and  66.  The  legislation,  as  well  as  the  reform  of  prisons^ 
which  was  initiated  by  King  Oscar  I.,  commenced  in  1840.     In 
consequence  of  it,  thirty-eight  new  cellular  prisons  were  built 
in  all  the  provinces  of  the  kingdom.    They  have  all  aimed  at  the 
moral  reformation  of  the  prisoners.     But  as  all  those  who  are 
sentenced  to  penal  labour  for  more  than  two  years  are  impri- 
soned in  the  large  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  folly  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  have  not 
been  greatly  hindered  by  their  imprisonment  from  finding  em- 
ployment in  the  neighbourhood  of  their  home. 

67  and  68.  Tor  about  twenty-five  years  there  have  been 
formed  in  different  parts  of  Sweden,  patronage  societies  whose 
objects  were  the  aid  and  reformation  of  prisoners ;    but  they 
have  had  too  little  practical  direction,  and  have  been  too  depen- 
dent on  the  kindness  of  individuals,  and  consequently  have 
only  existed  for  a  short  time. 

69.  At  present  there  are  liberated  prisoners'  aid  societies 
only  in  two  provinces.    They  aim  at  obtaining  work  for  the 
prisoners  in  the  houses  of  steady  masters ;   they  also  supply 
clothing,    and  sometimes    make  advances   in  money  on  the- 
prisoner's  work. 


210  CONDITION  OF  PRISONS. 

OccasionaUj  those  expressing  a  desire  have  received  aid  to 
enable  them  to  emigrate. 

Of  late  years  it  has  been  proi)08ed  to  make  greater  efforts  to 
give  a  moi'e  practical  direction  to  the  labours  of  these  societies. 

They  will  be  based  on  the  principle  that  if  habits  of  order 
and  cleanliness  are  obtained  by  discipline  in  prison,  and  the 
time  of  imprisonment  is  properly  employed  in  the  moral  edu- 
cation of  the  prisoners  and  in  giving  them  skill  in  industrial 
and  agricidtural  labour  or  in  such  trades  as  will  enable  them 
to  support  themselves,  the  societies  can  generally  find  them 
work  immediately  on  their  liberation.  For  the  other  prisoners 
we  wish  to  establish  agricidtural  colonies  where  they  may  learn 
order  in  work,  and  skill  in  certain  branches  of  farming ;  they 
wiU  thus  afterwards  be  more  readily  able  to  earn  an  honest 
living. 

G.   r.   AliMQUIST, 
Dircyctor-General  of  Prisons  in  Sweden. 

Stockholm:  May  15,  1872. 


SWITZEBLAND. 

1  and  2.  The  Swiss  Confederation,  com,posed  of  twenty -two 
cantons  and  embracing  twenty-five  states,  does  not,  by  its  own 
power,  exercise  any  control  over  the  administration  of  penal 
justice  and  of  prisons,  or  over  the  penitentiary  regime.  Military 
and  political  penal  justice,  so  far  as  it  is  called  upon  to  punish 
offences  against  the  constitution  and  the  federal  laws,  alone 
comes  within  its  jurisdiction.  Each  canton  is  sovereign.  It 
has  its  own  special  penal  system  and  places  of  imprisonment. 
Its  prisons  are  thus  placed  imder  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  supervi- 
sion 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  penitentiaries  are 


SWITZERLAND.  211 

found,  the  whole  or  part  of  tlie  supervision  is  confided  to  the 
diiector  of  justice,  or  to  a  special  department,  which  gives  its 
attention  not  only  to  prisons,   but  also  to  hospitals,  insane 
aflylums,   &c.,   &c.     This  department  associates  with  itself  a 
commission  of  supervision  composed  of  three  to  seven  members, 
selected  from  among  persons  experienced  in  questions  of  peni- 
tentiary 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  the  places  of  detention  for   civil 
penalties  are  supervised  by  the  agente  of  the  council  of  state — 
prefects,  counsellors  of  prefecture,   &c.     All  the   cantons   of 
Switzerland,  with  the  exception  of  Jug,  Glaris,  and  Appenzell, 
have  reclusion  prisons,  of  which  the  number  of  inmates  rises  to 
thirty-four,  without  counting  a  considerable  number  of  houses 
of  ajrest,  and  of  district  or  con'cctioual   prisons  for  persons 
sentenced  to  short  police  punishments.     Of  these  twenty-four 
prisons,  eleven  are  reserved  exclusively  for  criminals,  thirteen 
contain  criminal  and  correctional  prisoners,  and  some  receive, 
in  addition,  prisoners    awaiting  b-ial.     Four    establishments 
receive  as  boarders  the  convicts  of  cantons   which,  without 
penitentiaries  of  their  own,  have  only  imperfect  and  insufficient 
places  of  reclusion.     Ten  workhouses  and  houses  of  connection 
we  exclusively  devoted  to  the  treatment  of  correctionals.     There 
^  besides,  in  Switzerland  several  agricultural  establishments 
founded  by  the  State,  by  communal  corporations,  or  by  societies 
<*f  public  utility,  and  designed  for  the  education  and  moral 
refcnn  of  juvenile  delinquents,  or  to  vagi'ants  and  disorderly 
persons. 

According  to  Professor  d'Orelli,  the  i)risons  of  Switzerland 
^y  be  divided  into  four  groups : 

(1)  Those  of  the  cantons  of  TJri,  Schwytz,  Obovalden, 
^idwalden,  and  Valais,  which  are  administered  in  an  altogether 
Patriarchal  manner  by  Sisters  of  Charity.  (2)  Those  of  the 
^^ntonB  of  Pribourg,  Bale-campagne,  and  Lucerne,  which,  in 
e^eiy  point  of  view,  leave  much  to  be  desired.  Bale-campagne, 
^"^  the  pressure  of  necessity,  contemplates  replacing  its  too 
^^QQtracted  prison  by  a  new  structure.  (3)  The  cantons  of 
^•int-Gall  and  of  Vaud  possess,  especially  the  first,  good  peni- 
tentiaries on  the  Auburn  system.     The  Thurgovian  establish- 

p2 


212  CONDITION  OF  PRISONS. 

ment  of  Tobel,  and  that  of  Geneva,  may  be  also  considered  as 
satisfactory,  llie  same  is  true  of  Zuricli,  in  which  are  founds 
at  the  same  time,  the  systems  of  cellular  and  associated  im- 
prisonment. Here,  above  all,  on  account  of  buildings  in  progress 
of  erection,  things  will  be  better  still.  Solure,  Grisons,  Berne, 
and  Schaflfhause  are  making  laudable  efforts  to  reform  their 
prisons,  which  will  soon  belong  to  this  fourth  class.  (4) 
Finally,  and  as  rising  to  a  higher  point  of  perfection,  we  cite 
the  penitentiaries  of  Lenzbourg  (Argovie),  Bale-ville,  NeuchS-tel, 
and  Tessin,  into  which  has  been  introduced,  in  different  degrees,, 
the  progressive  Irish  penitentiary  system. 

3.  The  cellular  system  complete  is  applied  only  in  the  peni- 
tentiaries of  Argovie  (Lenzbourg),  Zurich,  Bale-ville  and 
Neuchatel.  In  the  Auburn  ian  penitentiaries,  and  the  old  con- 
vict or  hard-labour  prisons  {maisons  de  force),  cellular  seclusion 
is  an  exception.  M.  d'Orelli,  in  his  work  on  the  Swiss  prisons,, 
indicates  the  foMowing  numbers,  which  we  group  according  to 
the  systems  introduced  into  the  different  establishments  :  First 
group,  patriarchal  system,  cellular  reclusion,  1*02  per  cent. 
Second  group,  old  convict  prisons,  cellular  reclusion,  3*9  per 
cent.  Third  group,  system  of  Auburn,  cellular  reclusion,  0*3 
per  cent.  Fourth  group,  progressive  system,  cellular  reclusion,. 
37*5  per  cent.  The  penitentiary  of  Neuchatel  alone  shows 
a  greater  number  of  days  of  cellular  reclusion  than  of  labour  in 
association.  In  this  establishment,  erected  in  1870,  separation 
by  day  and  night  is  admitted  in  principle,  without,  however^, 
excluding  labour  in  common  workshops.  As  will  have  been- 
seen,  the  system  of  collective  imprisonment  predominates. 
Still  an  effort  is  made  to  introduce  individual  separation,  at 
least  by  night,  in  establishments  in  which  common  dormitories 
yet  exist. 

4.  There  is  a  general  agreement  that  the  system  of  collec- 
tive imprisonment  by  day  is  favourable  to  industrial  labour,, 
and  not  unfavourable  to  the  discipline,  but  incompatible  with- 
the  moral  education  of  the  prisoners.  Association  in  common* 
dormitories  by  night  is  considered  especially  pernicious,  and  all 
that  has  been  said  by  Obermaier  and  others  on  the  harmlessness, 
and  even  the  salutary  influence,  of  this  practice,  is  looked  upon 
as  illusory.  Imprisonment  in  common  by  day  and  night,  con^ 
demned  in  Switzerland,  would  ah*eady  have  entirely  disappeared 


SWITZERLAND.  213 

if,  in  a  number  of  cantons,  financial  questions  had  not  caused 
the  postponement  of  tliis  reform.  Eigid  cellular  imprisonment 
is  preferable  to  the  Auburn  system,  without  classification  of  the 
prisoners,  M.  Kiihne,  director^of  the  penitentiary  of  Saint- 
Oall  (Auburn  plan),  admits  individualisation  as  a  principle, 
and  the  mixed  system,  if  system  it  can  be  called,  compounded 
of  different  elements  of  the  progressive  Irish  prison  system. 
Penitentiary  education  imperatively  requires  cellular  separation, 
-at  least  in  the  initial  stage ;  and  it  is  on  this  sole  condition 
that  the  prisoners  can  effectively  enter  into  communion  with 
themselves,  a  process  which  would  be  impeded  by  the  contact 
and  influence  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  hope  that 
a  moral  reformation  has  been  accomplished  in  them.  It  is 
under  these  conditions  that  we  find  associated  labour  in  the 
recently-constructed  penitentiaries  of  Lenzbourg  (Argovie), 
B&le,  Zurich,  and  Neuchfitel.  But  in  comparison  with  the 
three  first  named,  which  have  large  workshops,  Neuchatel  has 
bat  small  ones,  in  which  only  three  or  four  prisoners  can  work, 
under  the  supervision  of  a  foreman.  Tlie  public  opinion  of  our 
<jountry  shows  itself  more  and  more  favourable  to  the  progressive 
Irish  penitentiary  system,  with  revocable  liberation.  The  ex- 
clusive cellular  system  should  be  reserved  for  houses  of  pre- 
liminary detention.  In  some  of  the  cantons  reforms  are  needed 
in  this  class  of  prisons. 

5.  In  regard  to  the  method  of  providing  the  funds  necessary 
for  the  support  of  the  prisons,  the  treasury  of  the  State  (cantonal) 
covers  the  deficit  which  exists  between  the  entire  expenditure 
and  the  special  receipts  of  the  prisons.  (Industrial  labour, 
moneys  paid  by  cantons  which  place  their  convicts  in  the 
penitentiaries  of  other  confederated  States,  &c.)  The  average 
annual  cost  of  each  prisoner  is  250  francs  in  the  smaller 
•establishments,  and  350  to  400  in  the  large  penitentiaries.  The 
average  net  gain  in  the  majority  of  the  cantons  is  from  89  to  90 
centimes  for  each  day  of  labour.  In  the  penitentiary  of  Zurich 
the  net  gain  of  the  prisoners,  after  deducting  the  cost  of  tools 
and  other  accessories,  has  reached  an  average  for  the  last  five 
jears  of  1  franc  7  centimes. 


214  CONDITION  OF  PRISONS. 

Fntno» 
The  expenditures  for'clothing,  food,  lodgings,  &c.,  were  .  .     0773 

Expense  of  the  administration 0*41 

Sum  total  per  prisoner  for  each  day 1*18 

The  state  of  Zurich  gives  for  the  support  of  each  prisoner  per 
day,  forty-four  centimes.  The  canton  of  Argovie  gives,  as  a 
subsidy,  fifty-five  centimes  per  man  and  per  day.  The  average 
daily  earnings  of  the  prisoners  in  the  Lenzbourg  penitentiary 
amount  to  from  88  to  94  centimes  each  prisoner.  The  canton  of 
NeuchS,tel  gave  for  the  first  year  (1870)  an  annual  subsidy  of  1 
franc  90  centimes  per  day  for  each  prisoner.  The  cellular 
system,  and  the  small  number  of  prisoners  (70  on  the  average) 
involve  considerable  expenses  of  a  general  character.  The  net 
gain  per  prisoner  in  this  penitentiary  rose,  in  1871,  to  1  franc 
37  centimes  for  each  day  of  labour,  a  larger  gain  than  had  ever 
been  reached  in  any  of  the  Swiss  prisons. 

In  the  penitentiary  of  Saint- Jacques  (Saint-Gall)  the  earnings 
of  the  prisoners  suffice  for  their  maintenance,  for  their  schooling 
and  reUgious  instruction,  for  medical  attendance,  and  for  the 
administration  of  the  industrial  service.  The  State,  in  this 
canton,  includes  in  its  subsidy,  besides  the  loss  of  the  interest 
on  the  capital  invested  in  the  establishment,  the  expense  of 
repairs  to  the^buildings,  the  salaries  of  the  officers  and  employ esy 
the  maintenance  of  these  latter,  and,  lastly,  the  sum  which  is 
annually  granted  to  the  prisoners  as  peculium. 

6.  The  officers  and  employ^  of  the  prisons  are  named  by  the 
council  of  state.  In  the  cantons  where  penitentiaries  of  recent 
construction  exist,  the  officers  (directors,  stewards,  instructors, 
chaplains,  and  physicians)  are  proposed  by  the  department  of 
justice  or  of  police,  which  takes  the  advice  of  the  commission  of 
supervision.  The  employes  (the  foremen  and  overseers)  are 
appointed  by  the  commission  of  supervision,  on  the  nomination 
of  the  director  of  the  penitentiary. 

In  some  cantons  the  officers  are  subjected  to  a  re-election 
every  three  years  (Zurich),  or  every  four  years  (Argovie),  the 
employes  every  year  (Zurich),  and  in  other  penitentiaries  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  influence  of  political  changes,  and  that 
those  whose  position  may  have  been  endangered  by  the  victory^ 


SWITZERLAND.  216 

of  a  party  have  been  eflfeetually  shielded  by  a  public  opinion 
which  appreciated  their  merits  and  their  devotion.  In  some 
cantons  the  position  of  the  directors  is  made  difficult  by  the 
demands .  of  doctrinaires,  who  do  not  give  themselves  the 
trouble  to  examine  and  weigh  the  fiicts  which  enter  into  the 
question. 

7.  In  cantons  where  efforts  have  been  made  to  introduce  a 
rational  prison  system,  it  has  yet  been  well  understood  that, 
under  a  bad  administration,  the  prisons,  instead  of  being 
hospitals  for  moral  diseases,  would  become  seminaries  of 
criminals.  For  this  reason,  the  greatest  importance  is  attached 
to  the  choice  of  officers  charged  with  the  treatment  of  the 
prisoners.  As  regards  the  moral  and  intellectual  qualities 
which  ought  to  meet  in  prison  officers,  there  are  found  on  this 
subject,  in  the  literature  of  penology,  details  sufficiently 
numerous.  Whether  in  Switzerland  the  administrators  possess 
the  necessary  talents  and  qualifications  is  a  question  which  the 
writer  of  tlie  present  re]X)rt  cannot  and  does  not  ^vish  to  touch 
upon.  The  governments  would  be  better  able  to  answer  the 
question,  although  the  greater  part  of  them  do  not  take  the 
trouble  to  examine  thoroughly  the  organization  and  management 
of  the  penitentiary  establishments.  The  director  of  the  peni- 
tentiary does  not  feel  inclined  to  pass  judgment  upon  the  merits 
of  his  colleagues,  and  of  the  other  officers,  and  still  less  upon 
his  own  special  qualifications. 

Each  penitentiary  establishment  (Zurich,  Bile,  Lenzbourg,  and 
Neuch&tel)  has  a  band  of  intelligent  emiiloyesy  who  contribute 
effectively  to  the  mission  which  penitentiary  education  proposes 
to  itself.  On  aU  sides,  notwithstanding,  complaint  is  made  of 
the  difficulty  which  is  experienced  in  finding  for  the  corps  of 
subordinate  employes  men  possessing  the  requisite  qualities  and 
aptitudes. 

8.  Schools  designed  for  the  special  education  of  prison  officerR 
do  not  exist  in  Switzerknd.  It  is  generally  felt  that  special 
schools  would  render  an  excellent  service,  especially  if  a  just 
and  sound  idea  were  given  in  them  of  the  nature  and  aim  of 
penitentiary  treatment.  Without  wishing  to  exalt  one  system 
over  another,  that  is,  to  dogmatise,  a  school  of  this  kind  would 
have  the  immense  advantage  of  preparing  the  officers  who,  at 
present,  acquire  their  experience  at  the  expense  of  the  institu- 


216  CONDITION  OF  PRISONS. 

tion.  But  this  school  would  not  be  in  a  condition  to  form  good 
officers  and  good  employes  if  under  persons  who  had  not  the 
requisite  qualifications,  even  though  possessing  the  desired 
degree  of  intelligence.  The  education  of  our  penitentiary 
employes  is  usually  acquired  after  their  entrance  upon  their 
official  duties,  which,  for  a  long  time  afterward,  will  not  be 
regarded  as  a  profession.  Directors,  when  appointed,  usually 
visit  the  model  penitentiaries  of  other  countries  and  study 
their  organization.  The  employes  receive,  in  their  turn,  from 
the  directors,  theoretical  and  practical  instructions  touching 
their  official  duties.  Perhaps  an  education  for  the  penitentiary 
service  might  be  obtained  by  establishing  in  some  imiversity  a 
chair  of  penitentiary  reform,  and  by  making  a  course  of  instruc- 
tion in  that  branch  of  knowledge  obligatory  for  all  those  who 
intended  to  devote  themselves  to  the  moral  reformation  of 
<5riminals.  A  normal  school  for  the  employes  might  be 
organized  in  establishments  selected  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  penitentiary  we  see  novices 
•who  possess  the  necessary  aptitudes  becoming  in  a  short  time 
entirely  competent  for  the  discharge  of  their  functions. 

9.  In  Switzerland,  pensions  are  granted  only  in  exceptional 
cases  to  public  functionaries.  The  directors  and  employes  of  our 
prisons,  when  they  become  incapacitated  for  their  duties,  form 
no  exception.  There  is  sometimes  granted  to  a  functionary 
dismissed,  because  of  age  or  sickness,  three  months'  salary,  and 
in  case  of  death  his  family  receives,  in  some  cantons,  the  same 
gratuity.  The  salary  of  the  director  of  a  modem  penitentiary 
ranges  from  3,000  to  3,500  francs,  besides  a  residence ;  that  of 
-stewards,  from  2,000  to  2,500  francs,  with  or  without  residence ; 

of  the  chaplains,  from  400  to  600  francs ;  of  the  teacher,  from 
1,000  to  1,800  francs ;  of  the  physicians,  from  400  to  600  fiuncs  ; 
of  the  chief  keeper,  from  900  to  l,200,francs ;  of  the  foreman, 
from  700  to  1,000  francs ;  and  of  the  overseers,  from  400  to  750 
ftuncs  per  annum. 

10.  The  difference  existing  between  sentences  to  simple 
•imprisonment,  to  reclusion,  and  to  hard  labour,  is  greater  or 
less  in  the  different  Swiss  cantons.  These,  as  has  already  been 
said,  have  all  penal  codes  of  their  own,  which  differ  materially 


SWITZERLAND.  217 

from  one  another.     For  this  reason  it  is  not  easy  to  give,  in  few- 
words,  an  exact  idea  of  the  difference  between  the  classes  of 
imprisonment  named   above.     Simple  imprisonment,   whether 
police  or  correctional,  in  some  cantons  varies  from  a  duration  of 
twenty-four  hours  at  least  to  five  years  at  most.   This  punish- 
ment, when  it  is  of  short  duration,  is  in  some  cantons  undergone 
in  the  district  prisons.     The  prisoner  is  permitted,  at  his  own 
charge,  to  provide  nourishment   and   occupation   for   himself, 
after  having  paid  the  damages  caused  by  him,  and  the  expense 
of  his   prosecution,   without  which   he   receives  the  ordinary 
treatment,  and  is  subjected  to  the  customary  labours  of  the 
prison.     In  other  cantons,  prisoners  of  this  class  undergo  their 
punishments  in  the  same  prisons  as  criminals,  from  whom  they 
are  more  or  less  separated ;  still  all  are  under  the  same  regula- 
tions.    In  other  cantons  again  there  exist  special  penitentiaries 
for  persons  sentenced  correctionally.     This  pimishment  is  not 
considered  infamous ;  it  may  even,  in  some  cantons,  be  replaced 
by   a  fine  fixed  at  5   francs  per  day.     Reclusion  occupies  a 
middle  place  between  simple  imprisonment  and  a  sentence  to 
hard  labour ;  and  the  reclusionary  undergoes  his  punishment 
in  the  workhouse,  where  there  is  one,  or  in  the  penitentiary.     A 
fine  cannot  be  substituted  for  reclusion.     At  Zurich  reclusion 
has  a  duration  of  from  six  to  ten  years,  and  the   convict   is 
compelled  to  labour,  and  is  subjected  to  the  ordinary  regulations 
of  the  prison.     But  he  does  not  wear  the  prison  dress,  and  does 
not  lose  his  civic  rights.     In  some  cantons,   in   Argovie,   for 
example,  the  law  leaves  it  to  the  judge  to  fix,  in  many  cases, 
the  duration  of  the  privation  of  civic  rights.     Elsewhere,  the 
dress  alone  differs ;  and  the  distinction  between  simple  reclusion 
and  hard  labour  is  found  in  this,  that  the  latter  punishment  is 
considered  a£9ictive  and  infamous,  whereas  the  former  is  simply 
afflictive.     Reclusion,  with  hard  labour,  varies  in  its  duration 
from  one  year  to  fifteen,  twenty,  twenty-five,  or  thirty  years, 
according  to  the  cantons,  or  even  to  an  imprisonment  for  life. 
The  death  penalty  is  abolished  in  the  cantons  of  Neuchatel, 
Zurich,  Thui^ovia,  Geneva,  and  Tessin.     In  the  majority  of  the 
other  cantons  this  punishment  is  abolished  de  facto  if  it  is  not 
by  law.     In   some  cantons    reclusion,    with  hard  labour,   is 
aggravated  by  wearing  chains,  by  an  infamous  dress,  and  by 


218  CONDITION  OF  PRISONS. 

physical  privations.     But    tliese   additional  punishments   are 
gradually  disappearing. 

11.  A  methodical  classification  of  prisoners,  according  to 
their  degree  of  morality,  exists  only  in  the  establishments  of 
Zurich,  Bale,  Lenzbourg,  and  Neuch&tel,  and  will  also  be 
introduced  into  that  of  Tessin.  In  the  other  penitentiaries 
endeavours  are  also  made  to  classify  the  prisoners  according  to 
their  degree  of  morality;  but  frequently  the  architectural 
arrangement  of  the  establishments  does  not  afford  opportunity 
to  apply  this  classification  methodically  and  with  a  chance  of 
success.  At  Lenzbourg,  where  the  progressive  system  has  been 
for  a  number  of  years  in  use,  there  is  found  a  first  class,  which 
is  subjected  to  the  cellular  regime^  and  a  second  and  third  class^ 
into  which  the  prisoners,  on  leaving  the  first  stage,  are  admitted 
to  associated  labour  in  the  workshops  during  the  day.  The 
prisoners  who  belong  to  the  higher  class  obtain  an  enlargement 
of  privilege,  and  are  earliest  proposed  for  admission  to  the  benefit 
of  conditional  liberation.  Into  the  penitentiary  of  Neuchatel 
has  been  introduced  the  following  system  of  classification :  A 
lower  cellular  class,  in  which  are  placed  all  the  convicts  on  their 
entrance  into  the  establishment ;  a  middle  class,  comprising  the 
prisoners  who  have  been  conspicuous  for  their  good  conduct 
and  industry,  and  their  zealous  application  to  learning  in  the 
first  stage.  The  greater  part  remain  in  separation,  but  if  their 
character,  their  state  of  health,  their  kind  of  occupation,  and 
the  material  conditions  permit  it,  and  if  they  themselves  are 
not  opposed  to  it  (a  decree  of  the  great  council  leaves  them 
liberty  of  choice  on  this  subject),  they  are  admitted  into  one 
of  the  small  shops  of  the  establishment.  Finally,  there  is  a 
higher  class  (cellular,  but  with  labour  in  common  during  the 
day),  which  precedes  liberation.  Each  of  these  classes  corre- 
sponds to  a  relative  degree  of  liberty,  of  which  the  prisoner  may 
make  use  to  satisfy,  in  a  larger  measure,  his  moral,  intellectual, 
and  physical  wants.  The  principle  of  conditional  liberation, 
which  will  sooner  or  later  be  admitted  into  the  system,  will 
afford  the  means  of  conducting  the  prisoner  gradually  toward 
freedom,  and  of  re-introducing  him  into  society  without  a  toa 
abrupt  transition.  At  Zurich,  where  conditional  liberation 
already  exists,  the  same  system  of  classification  is  applied,  bat> 
as  at  NeucM^tel,  only  for  a  time  too  Limited  to  enable  ns  to 


SWITZERLAND.  219 

announce  serious  results.     In  the  penitentiary  of  Zuricli  the- 
number   of  prisoners   admitted  to   associated  labour  is  pro- 
portionally larger  than  at  Neuch^tel,  where  the  cellular  system 
is   more   highly  esteemed.     At   Saint-Gall  the  prisoners  are 
divided   into  four  classes.     The  classification  is  revised  and 
readjusted  every  three  months.     As  appears  from  the  above 
statement,  the  progressive  Irish  system,  where  it  is  applied,  is 
confined  in  it«  execution  to  one  and  the  same  establishment. 
We  have  no  intermediate  prisons.     The  financial  resources  of  a 
single  canton  would  not  permit  the  realisation  of  such  a  system, 
at  least,  unless  several  cantons  should  agree  to  unite  in  the 
common  execution  of  a  rational  plan  of  penitentiary  reform. 
On  the  other  hand,  public  opinion,  still  more  or  less  imbued 
with  the  old  theory  of  vengeance  and  intimidation,  would  not 
be  favourable  to  such  a  change. 

12.  In   all  the   cantons   prisoners   may,  by  good   conduct, 
obtain  an  abbreviation  of  their   punishment  by  applying  for 
pardon  to  the  legislative  authority  (great  council),  which  re- 
serves to  itself  this  right.     Such  reduction  is  rarely  made  con- 
formably to  fixed  rules.     In  many  of  the  cantons  complaint 
IS  made  that  chance  and  caprice  play  too  conspicuous  a  .part, 
a^d  that  commissions  of  pardon  do  not  always  take  account 
of  grave  and  important  facts.     In  some  cantons  clemency  i& 
exercised  readily  enough,  while  in  others  this  is  done  only  in 
exceptional  cases.     In  certain  cantons  a  decree  of  the  legisla- 
»iive  authority  confides  to  the  council  of  state,  or  to  the  depart- 
Bient  of  %  justice,  or  police,  the  right  of  remitting  the   latter 
portion  of  their  punishment  (one-twelfth  for  example),  to  con- 
^cts  whose  conduct  has  been  good.     There  is  here,  as  in  the 
^hole  penal  system,  a  great  want  of  congruity,  yet  there  is  ob- 
^^^ed  in  the  confederated  States,  where  penitentiary  reform 
^  made  some  progress,  a  tendency  to  bring  down  the  use  of 
^^  right  of  pardon  to  its  minimum,  and  to  substitute  in  its 
place  the  principle  of  conditional  liberation ;  in  short,  to  confide 
™8  function  to  the  direction  of  the  department  of  prisons,, 
which,  having  the  supervision  of  the  penitentiary  administra- 
tion, is  alone  capable  of  judging  whether  or  not  the  re-entrance 
of  a  prisoner  into  society  offers  any  danger,  and  whether  a 
inx)bationaTy  liberation  may  be  safely  granted  him. 

13.  In  most  of  the  cantons  the  prisoners  have  a  share  in  tho 


220  CONDITION  OF  PRISONS. 

benefits  of  their  labour.     As  a  general  thing  this  part  has 
rather  the  character  of  a  gratuity  than  that  of  lawful  wages. 

In  the  penitentiary  of  Argovie  the  prisoners  receive  their 
fihare  in  the  following  proportions :  Prisoners  whose  earnings 
do  not  reach  30  centimes  a  day  receive  nothing ;  those  whose 
earnings  amount  to  70  centimes  a  day  receive  5  per  cent. ;  1 
franc  10  centimes,  10  per  cent. ;  1  franc  60  centimes,  15  per 
cent. ;  exceeding  1  franc  60  centimes,  20  per  cent. ;  and  that 
whether  their  conduct  is  more  or  less  satisfactory.  Neuchatel 
has  adopted,  provisionally,  the  same  scale.  At  Zurich  the 
participation  in  the  benefits  of  the  labour  is  fixed,  according 
to  the  three  penitentiary  classes,  as  follows  :  In  the  first  class 
{cellular)  it  is  from  5  to  8  per  cent.,  conditional  upon  the  fact 
that  the  earnings  of  the  prisoner  are  not  less  than  6  per 
cent,  of  the  daily  average  earnings  obtained  in  the  branch  of 
industry  in  wJbich  he  works.  In  the  second  class  the  portion 
of  the  prisoner  is  from  8  to  12  per  cent.  In  the  third  class, 
which  precedes  liberation,  it  is  from  12  to  16  per  cent,  on  the 
jsame  condition.  Elsewhere  a  percentage  of  the  daily  earnings 
has  been  introduced. 

The  question  of  peculium  is  still  in  Switzerland  a  subject  of 
discussion,  and  has  not  been  resolved.  It  is  to  form  the 
subject  of  deliberation  at  the  approaching  meeting  of  the  Swiss 
society  for  penitentiary  reform. 

Whatever  may  be  the  scale  adopted  in  the  diflferent  estab- 
lishments, this  gratuity  is  granted  to  all  the  prisoners  who, 
conformably  to  the  regulations,  have  rendered  themselves  worthy 
of  it.  It  is  adjusted  every  month,  or  at  the  end  of  every  three 
months,  and  placed  to  their  credit  in  their  memorandum  of 
savings. 

14.  The  other  rewards  employed  to  stimulate  the  good  con- 
duct and  zeal  of  the  prisoners  vary  in  kind  and  amount,  acjsord- 
ing  to  the  cantons  and  the  degree,  more  or  less  advanced,  of 
penitentiary  reform.  In  well-administered  establishments  we 
see  granted  to  good  conduct,  to  application,  to  zeal,  and  pro- 
gress in  labour  and  school,  the  following  rewards:  In  the 
second  penitentiary  class  :  extension  of  the  favour  of  visits  and 
correspondence ;  liberty  to  choose  books  from  the  library  and 
to  attend  the  lessons  given  in  class ;  the  use  of  snuff;  liberty  to 
have  served  to  them  a  supplementary  or  extraordinary  ration  of 


SWITZERLAND.  221 

food,  which  is  granted  only  exceptionally  in  the  more  recently 
erected  penitentiaries,  the  dietary  in  these  being  suflBciently 
nutritive  and  varied.  In  the  third  or  higher  class  there  are 
added  to  the  above-mentioned  rewards  the  privilege  of  prome- 
nade 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  garden ; 
and  admission  to  places  of  trust,  such  as  foreman,  to  superin- 
tend their  fellow-prisoners  in  learning  trades,  or  to  execute 
certain  exceptional  labours  in  the  administrative,  industrial, 
and  domestic  services. 

15.  In  the  cantons  where  the  patriarchal  system  prevails, 
and  where  the  old  convict  prisons  still  exist,  the  most  frequent 
o£Fences  against  discipline  are  disobedience  and  insubordination ; 
next  come  escapes  or  attempts  to  escape  ;  then  lies  ;  and  finally^ 
immorality  in  acts  and  words.  In  the  penitentiaries  in  which 
the  Auburn  system  has  been  introduced  we  find  that  the  infrac- 
tions most  frequent  are  disorder,  want  of  cleanliness,  and  vio- 
lation of  the  law  of  silence.  In  the  penitentiaries  of  recent 
construction  the  want  of  propriety  and  dignity,  lying,  idleness,. 
and  disobedience. 

16.  The  disciplinary  punishments  in  use  may  be  divided  into 
three  classes.  In  the  prisons  whose  organization  is  imperfect, 
and  where  the  reformation  of  the  prisoners  is  not  the  aim  of 
the  imprisonment,  we  find  existing  the  dungeon  and  corpora) 
punishments.  In  penitentiaries  on  the  Auburn  system,  more 
or  less  completely  organized,  corporal  punishments  are  gradu- 
ally disappearing,  and  are  being  replaced  by  a  diet  of  bread 
and  water  and  by  confinement  in  the  dark  or  ordinary  cell. 
In  the  modem  establishments  we  see  coming  into  vogue  a  new 
series  of  punishments,  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  corre- 
spondence, and,  in  general,  of  all  or  a  part  of  the  diversions, 
alleviations,  and  other  indulgences  above  mentioned.  Corporal 
punishments  are  passing  away,  and  in  their  place  are  substi- 
tuted the  strait-jacket  and  the  cold  douche-bath.  Those  who,., 
through  mischief  or  negligence,  destroy  or  injure  the  effects,. 


222  CONDITION  OF  PRISONS. 

objects,  instruments,  and  raw  material  placed  at  their  disposal, 
are  obliged  to  pay  the  value  of  the  damage  done. 

17.  In  most  of  the  prisons  are  found  registers  in  which  the 
punishments  inflicted  are  fully  recorded.  These  registers,  in 
the  modem  penitentiaries  especially,  give  complete  information 
as  to  the  occasion,  the  kind,  and  the  nature  of  the  punishments 
inflicted. 

18.  Ministers  of  the  Reformed  and  of  the  Catholic  religion 
act  as  chaplains  in  all  the  prisons.  In  well-organized  peniten- 
tiaries, where  the  number  of  prisoners  belonging  to  each  creed 
is  sufficiently  large,  two  ecclesiastics  are  charged  with  the 
duties  of  their  respective  chaplaincies.  The  rabbi  of  the  nearest 
locality  is  invited  to  visit  such  co-religionists  as  are  occasionally 
found  in  the  prisons.  * 

19.  In  the  establishments  which  are  imperfectly  organized, 
the  chaplains  for  the  most  part  confine  themselves  to  the  cele- 
bration of  public  worship.  In  proportion  as  they  approach  the 
category  of  penitentiaries  that  aim  at  the  reformation  of  the 
prisoners,  we  see  these  officers  paying  regular  visits  to  them, 
consoling  and  counselling  them,  superintending  the  religious 
instruction  of  the  juvenile  delinquents,  and  fulfilling  toward 
them  aU  the  duties  of  their  ministry.  In  some  of  the  peniten- 
tiaries it  is  the  chaplain  who  has  charge  of  the  distribution  of 
books  from  the  prison  library. 

20.  Religious  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  ftilfil,  and  throws  aside,  as 
far  as  he  may,  mere  dogmatic  questions.  He  should  preach 
repentance  with  power  and  skill,  set  forth  the  divine  mercy, 
and  aid  the  prisoners  in  that  self-communion  which  is  the  first 
step  toward  moral  regeneration.  Prisoners  in  whose  heart  the 
religious  sentiment  is  not  extinguished  at  the  time  of  their 
entrance  are  easily  impressed  by  the  exhortations  of  the  chap- 
lains ;  on  the  other  hand,  such  as  do  not  possess  it  offer  to  the 
instructions  of  religion  a  soil  arid  and  ungrateful.  Among 
prisoners  we  often  encounter  self-deception  and  a  tendency  to 
hypocrisy ;  nevertheless,  it  often  happens  that  individuals  who 


SWITZERLAND.  228 

repudiate  or  are  ignorant  of  the  Bible  end  by  finding  in  its 
pages  the  consolations  of  which  they  are  in  pursuit. 

21.  Persons  of  both  sexes,  not  connected  with  the  adminis- 
tration, are  admitted  into  the  prisons  to  labour  for  the  moral 
improvement  of  the  prisoners.  In  the  cantons  which  have  new 
penitentiaries,  such  persons  are  authorised  to  visit  the  prisoners 
in  virtue  of  decrees  of  the  legislative  authority.  This  is  espe- 
cially the  case  with  members  of  aid  societies,  who  have  iree 
access  to  the  prisoners  whom  they  seek  to  succour.  The 
number  of  these  benevolent  visits  is  relatively  few  even  in 
cantons  where  penitentiary  reform  counts  many  adherents. 
Such  visits,  however,  ought  not  to  be  allowed  without  many 
precautions.  In  some  of  the  more  modem  establishments  it 
is  only  the  officers  themselves  who  take  part  in  the  moral  edu- 
cation of  the  prisoners.  In  the  female  penitentiaries  lady 
patronesses  are  more  frequently  met  with,  especially  in  the 
cities  which  were  visited  in  1839  by  Elizabeth  Fry,  and  where, 
at  the  instance  of  that  good  and  charitable  woman,  ladies*  aid 
societies  were  organized  to  console,  to  place  out,  to  watch  over, 
and  to  sustain  criminal  women.  At  Zurich,  where  a  society  of 
this  kind  exists,  the  lady  patronesses  give  to  the  female  pri- 
soners in  the  penitentiaries  regular  lessons,  and  take  charge  of 
their  religious  instruction. 

22.  Sunday-schools,  properly  so-called,  do  not  exist.  Public 
worship  is,  on  that  day,  celebrated  in  the  prisons,  or  at  least 
the  chaplain  makes  a  visit  to  the  prisoners.  At  Zurich  the 
pastor  holds  a  catechetical  exercise  in  the  afternoon,  and  after- 
ward an  instructor  gives  a  lesson  in  sacred  music. 

23.  In  most  of  the  penitentiaries  the  week-days  are  so  filled 
up  with  labour,  school,  exDrcise,  and  study,  and  Sunday  morn- 
ing by  worship,  that  it  is  thought  expedient  to  leave  to  the 
prisoners  the  free  employment  of  Sunday  afternoon.  It  is  in 
these  hours  that  they  are  able  to  write  letters  to  their  relatives 
and  acquaintances.  The  frequency  with  which  they  are  per- 
mitted to  write  letters  differs  in  different  cantons. 

24.  In  the  establishments  where  the  progressive  Irish  system 
has  been  introduced,  prisoners  of  the  middle  class  can  ^vrite 
letters  every  two  months,  those  of  the  higher  class  every  month. 
But  an  extension  of  this  favour  is  often  granted,  especially  in 
.cases  where  the  correspondence  is  of  such  a  character  as  to 


224  CONDITION  OF  PRISONS. 

draw  closer  the  ties  of  family,  to  exert  a  good  influence,  and 
contribute  to  the  moral  cure  of  the  prisoner.  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  sentiments  which  have  their  taint  of  hypocrisy ;  but 
in  spite  of  that  the  correspondence  of  the  prisoners  manifests 
a  strong  family  affection,  and  awakens  tender  household 
memories. 

25.  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  internal  regulations  of  different 
penitentiaries  grant  the  indulgence  of  visits  more  or  less  fre- 
quently, but  the  average  is  about  once  a  month.  As  in  the 
case  of  correspondence,  an  extension  of  this  is  often  accorded 
when  the  visits  are  found  to  have  a  salutary  effect. 

26.  The  visits  are  received  in  the  presence  of  the  director,  or^ 
in  his  absence,  in  that  of  the  chief  keeper.  The  design  is  to 
supervise  the  interview.  The  director  or  his  deputy  place  the 
visitors  and  the  prisoners  as  much  as  possible  at  their  ease,, 
so  that  these  latter  may  look  upon  them  as  friends  in  whose 
presence  they  may  converse  freely. 

27.  As  a  general  thing,  the  extension  of  the  privilege  of  corre- 
spondence is  more  readily  granted  than  that  of  visits,  since  the 
latter  do  not  always  have  the  good  effect  which  might  naturally 
be  expected  from  them.  Still,  it  sometimes  happens  that  they 
have  an  excellent  influence,  especially  on  prisoners  who  believe 
themselves  forgotten,  ignored,  and  abandoned  by  the  members 
of  their  family,  and  who  see  them  approach  in  a  spirit  of 
forgiveness. 

Besides,  the  visits  enable  the  director  to  understand  better 
the  character  of  the  prisoner  and  the  circumstances  of  his 
family,  and  sometimes  enable  him  to  lay  his  plans  with  greater 
certainty  and  efficacy  in  the  interest  of  the  prisoners  them- 
selves. 

28.  The  number  of  prisoners  able  to  read  at  the  time  of  their 
commitment  may  be  estimated  at  71  per  cent,  of  the  aTirmftl 
average  number  of  the  criminal  population.    In  a  number  of 
cantons  the  convicts  are  not  examined  upon  this  point  on  their 


SWITZERLAND.  • 


225 


entrance  into  the  establishment,  so  that  the  exact  proportion 
cannot  be  stated. 

The  following  fignres,  furnished  by  the  reports  of  the  peni- 
tentiaries of  Lensbourg,  Saint-Gall,  and  Neuch&tel  will  furnish 
the  best  answers : 


Places 


o  E 


ili  i 


^ 


Lenzbourg 
Saint  Gail 
NeucMtel . 

Arerage 


533 

1,286 

146 

63  1 
668  ' 
18 

11-8  1  187 
51-9  194 
12-3  '  101 


• 

a 

11 

351 

245 

1508 

347 

60-9 

27 

G 


460 
26-9 
18-4 


o 

'x5 

S3 

s 

Ofl 

?j 

•s 

(^ 

38 

7-1 

77 

5-9 

1 

— ^ 

25-3  '    —    '  36  9     '    —    I  30-4     —     43 


These  figures  do  not  show  the  general  state  of  public  insti*uc- 
tion  in  these  three  cantons,  for  a  considerable  part  of  the ' 
prisoners,  especially  in  the  canton  of  Nouchatel,  are  foreigners. 
But  it  is  to  be  observed  that  although  primary  instruction  is 
obligatory  in  Switzerland  (with  the  exception  of  Uri  and 
Geneva),  and  in  fourteen  cantons  is  also  gratuitous  ;  *  it  never- 
theless happens  that  a  certain  number  of  children  escape  the 
supervision  and  control  of  the  school  authorities,  and  reach  the 
age  of  sixteen  years  without  having  regularly  attended  the 
lessons  of  the  schools.  Many,  after  leaving  school,  neglect 
reading  and  intellectual  recreations  to  such  a  degree  as  to 
almost  entirely  forget  what  they  had  previously  learned.  Thus 
one  is  astonished  to  see  among  the  prisoners,  who  figure  in  the 
preceding  table  the  '  inferior  *  class,  individuals  who  read  with 
difficulty  and  in  such  a  manner  that  reading  cannot  be  resorted 
to  a«  a  recreation,  and  who  can  only  write  tlieir  own  names. 

The  knowledge  of  arithmetic  is  also  very  limited  in  this  class 
of  *  inferior,'  and  the  knowledge  of  geography  and  history  is 
almost  nothing,  even  among  those  who  are  placed  in  the  table 
under  the  heading  of  ^  passable.' 

29.  Prison-schools  are  organized  in  the  penitentiaries  of 
Saint-Jacques  (Saint-Gall),  Lenzbourg  (Argovie),  Neuchatel, 
Ac.  In  many  other  establishments  lessons  are  given  by  the 
chaplain.    It  even  happens  that  these  duties  are  confided  to  a 

'  Switzerland  expends  each  year,  as  "weU  for  its  primary  as  for  its  secondary  and 
higher  8chool«,  the  sum  of  twelve  and  a  half  milHi>ns  of  friincs.  Tho  expenditures  for 
cdncation  fonn  ono-seventh  of  the  tot-il  budget  of  the  Confederation  and  tho  cantons. 

Q 


226  CONDITION  OF  PRISONS. 

prisoner  if  he  is  a  teacher  by  profession,  or  if  he  possesses  the 
necessary  knowledge  and  aptitude.  In  the  penitentiary  of 
Zurich  the  school,  which  has  been  closed  for  some  time,  will  be 
immediately  re-opened.  Instruction  is  a  good  deal  neglected 
in  the  prisons  of  some  of  the  cantons  where  the  system  is 
patriarchal,  and  in  many  houses  where  associated  imprisonment 
by  day  and  by  night  is  still  in  use. 

30.  In  penitentiary  establishments  in  which  schools  are 
opened,  all  the  prisoners,  except  those  who  are  excused  by  age 
— above  forty-five  to  fifty  years — and  those  subjected  to  the 
cellular  rigime^  attend  lessons  in  classes.  The  prisoners  re- 
ceive, on  an  average,  from  four  to  five  hours'  schooling  per 
week.  Those  who  are  in  the  cellular  stage  are  visited  by  the 
inatructor  in  their  cells,  and  there  commence  their  course  of 
instruction. 

31.  In  the  well-organized  penitentiaries,  the  degree  of  educa- 
tion of  the  prisoners  is  verified  at  their  entrance  into  the 
establishment.  The  result  of  this  examination  shows  the 
necessity  of  maintaining  three  classes,  whose  programme  corre- 
sponds to  that  of  the  three  degrees  of  primary  instruction.  In 
the  lower  class  the  elementary  branches  are  taught,  and  in  the 
middle  class  progress  is  gradually  made  toward  those  branches 
of  technical  instruction  which  are  taught  in  the  higher  class. 

In  the  programme  of  the  best-organized  penitentiaries  we 
see  introduced  even  mathematics,  physics,  and  technology,  so 
i^  as  these  sciences  are  applied  to  arts  and  trades ;  even  the 
modem  languages  are  taught,  French  in  the   German  peni- 
tentiaries, and  German  in  the  penitentiaries  where  French  is 
the  vernacular    (Neuchatel).     Sometimes   prisoners   are   per- 
mitted to  take  lessons  in  English,  and  often  in  linear  drawing. 
The  progress  made  differs  much  in  the  case  of  different  pri- 
soners.   Many  are  remarkable  for  their  zeal  and  power  of  acqui- 
sition, 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,  for  whom,  after  all,  this  supplementary  and 
tardy  instruction  can  alone  have   any  very  great  importance 
after  their  liberation. 


SWITZERLAND.  227 

32.  Circulating  libraries  are  found  in  all  tlie  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,  of  travels,  ethnography,  natural  historj-,  of  works 
on  mechanics,  agriculture,  belles-lettres,  &c.,  &c.  Eomances 
of  a  moral  character  (above  all  those  of  the  Swiss  authors, 
Bitzins,  Gottfried  Keller,  Urbain  Oliver,  Fritz  Berthoud,  Louis 
Pavre)  are  not  excluded.  The  librar}'-  of  the  penitentiary  of 
Zurich,  for  example,  possesses  800  works,  consisting  of  1,500 
Yolumes;  that  of  the  penitentiaiy  of  Neuchatel,  though  of 
recent  creation,  counts  500  volumes ;  that  of  the  penitentiary 
of  Saint-Jacques  has  also  a  rich  and  varied  collection  of  moral 
and  instructive  works.  This  establishment,  like  that  of  Zurich, 
Argovie,  &c.,  has,  in  addition,  a  collection  of  special  works, 
designed  for  the  employes  of  the  penitentiary. 

33.  The  prisoners  read,  relatively,  a  great  deal  in  the  peni- 
tentiaries, where  they  pass  Sunday  in  their  cells,  and  where 
they  have  at  their  disposal  a  variety  of  works.     They  generally 
prefer  moral  tales,  such  as  those  of  the  authors  just  named,  and 
those  of  Erckmann-Chatrain,  and  of  Henri  Tschokke ;   next 
come  narratives  of  voyages,  biographies,  Swiss   and   general 
history,  and  works  of  popular  science  (discoveries,  inventions, 
technology,  &c.).     Eeading  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 
in  the  way  of  routine,  it  develops  also  their  practical  know- 
ledge.    It  is  by  keeping  their  minds  continually  occupied  by 
labour,  or  by  moral  and  intellectual  recreations,  that  that  self- 
respect  is  oftenest  awakened  in  prisoners  which  constitutes  the 
best  guarantee  against  self-abuse.     These  elevating  and  noble 
agencies  calm  an  ardent  imagination,  and  often  put  to  flight 
ideas  inspired  by  base  passions  and  by  vicious  and  criminal 
sentiments. 

34.  The  greater  part  of  the  modern  prisons,  and  of  the  old 
ones  which  have  imdergone  recent  changes  in  their  construction, 
have  a  system  of  sewers  which,  in  a  hygienic  point  of  view,  are 
open  to  no  serious  objection.     The  system  of  pits  prevails  still, 

q2 


228  CONDITION  OF  PRISONS. 

and  it  is  only  in  the  recent  penitentiaries  (at  Lenzbourg  and 
NeucMtel,  for  example)  that  we  find  a  system  of  drainage  that 
leaves  little  to  be  desired.  At  Zurich,  by  the  side  of  pits  and 
latrinesy  arranged  on  the  plan  of  Duspetian  {Architecture  de 
Prisons)  is  seen  the  system  of  movable  vessels  and  of  pipes  for 
carrying  oflf  liquid  substances. 

35.  The  water  supplied  for  the  use  of  the  prison  is,  for  the 
most  part,  sufficient  in  quantity.  The  old  prisons  have  each  at 
least  one  fountain  in  the  court.  The  penitentiaiies  of  recent 
construction  are  abundantly  supplied  with  water,  which  is  dis- 
tributed into  all  parts  and  to  all  storeys  of  the  building.  At 
Zurich,  for  example,  the  penitentiary,  which  occupies  the 
buildings  of  an  old  convent,  has  a  spring  of  water  which  is 
reputed  the  best  in  the  city.  This  establishment  is  also  fur- 
nished with  pipes  by  the  company  which  supplies  the  city  with 
water.  The  penitentiary  of  Lenzbourg  has,  like  that  of  Zurich, 
a  spring  which  enables  it  to  distribute  water  ad  libitum.  That 
of  NeuchS^tel  receives  its  water  from  the  city  company,  and  has 
at  its  disposal,  for  an  average  of  seventy  prisoners,  ten  to 
twenty  thousand  litres  for  each  twenty-four  hours.  The  quality 
of  the  water  is  for  the  most  part  good. 

36.  A  system  of  ventilation  other  than  the  doors  and  windows 
is  found  only  in  the  modern  penitentiaries,  such  as  those  of 
Lenzbourg  and  Neuch&.tel.  In  them  the  ventilation  is  com- 
bined with  a  system  of  heating.  Each  cell  is  furnished  with  a 
ventilation  pipe,  whose  opening  is  in  a  recess  at  the  side  of  the 
door  of  entrance  at  the  bottom  of  the  wall ;  a  recess  closed  on 
the  side  of  the  corridor  by  a  little  iron  door,  and  in  which  is 
placed  a  water-closet,  having  a  hydraulic  fastening.  Each  pipe 
is  in  communication  with  larger  condensing  conduits,  which 
communicate  directly  with  the  great  chimney  of  the  steam- 
boilers  ;  this  draught-chimney,  about  six  feet  in  diameter  and 
ninety  or  a  hundred  feet  in  height,  incloses  an  inner  one  of 
iron,  eighteen  inches  in  diameter,  which  produces  a  powerful 
draught.  A  special  furnace  is  so  placed  as  in  summer  to  heat 
the  inner  iron  chimney,  with  the  object  of  keeping  up  the  as- 
cending current,  and  increasing,  as  may  be  needed,  the  venti- 
lation. The  vitiated  air  thus  drawn  out  from  the  cells  carries 
off,  in  passing  the  recesses  mentioned  above,  the  emanations 
that  have  been  generated  there. 


SWITZERLAND.  229 

87.  The  best  ventilation  would  be  of  no  avail,  especially  in 
prisons  where  the  aggregation  of  prisoners  is  relatively  large, 
and  where  the  cells  and  dormitories  are  not  spacious,  if  means 
were  not  taken  to  ensure  their  cleanliness.  In  all  the  prisons 
one  or  more  prisoners  are  detailed  to  sweep  and  clean  the 
corridors,  the  stairs,  the  courts,  the  water-closets,  the  work- 
shops, the  doors,  and  the  windows.  The  special  supervision  of 
this  important  service  is  confided  to  the  chief  keeper.  In  the 
cellular  penitentiaries,  each  prisoner  is  charged  with  keeping 
his  cell  and  its  furniture  in  a  condition  of  perfect  cleanliness. 
The  flagging  of  the  cells  of  the  penitentiaries  of  Lenzbourg, 
Bdle,  and  Neuchdtel  is  of  asphaltum,  which  makes  it  easy  to 
keep  them  clean.  The  yards  of  the  cells  are  whitewashed 
every  year  or  every  two  years.  If  their  condition  requires  such 
a  reparation  before  the  regular  time,  it  is  done  at  the  expense 
of  the  prisoners.  A  clean  cell  and  well-kept  premises  produce 
on  prisoners  accustomed  to  live  in  filthy  apartments  a  hygienic 
and  moral  influence. 

38.  Personal  cleanliness  is  not  neglected  in  the  well- 
organized  penitentiaries.  On  his  entrance  into  the  establish- 
ment the  convict  receives  a  bath,  and  after  having  been 
examined  by  the  physician,  changes  his  clothing,  often  foul  and 
filled  with  vermin,  for  the  prison  garb.  The  dress  of  the 
prisoners,  in  the  modern  penitentiaries,  has  nothing  of  a 
degrading  character;  the  greater  part  of  the  cantons  have 
continued,  for  prisoners,  the  striped  costume.  The  prisoner 
finds  in  his  cell  a  wash-basin  and  towel ;-  soap  is  furnished 
gratuitously,  or  at  a  very  slight  cost  to  the  prisoner.  A 
punishment  is  inflicted  on  those  who  neglect  to  wash  their  face 
and  hands,  to  comb  their  hair,  to  brush  their  clothes,  &c.  The 
prisoners  are  shaved  every  eight  days ;  their  hair  is  cut  once  in 
six  months.  The  wearing  of  the  beard  is  permitted  as  a  reward 
to  those  who  distinguish  themselves  by  their  good  conduct, 
and  who,  having  reached  the  higher  stage  of  penitentiary 
education,  show  themselves  worthy  to  wear  the  token  of 
manhood.  The  body-linen,  the  pocket-handkerchiefs,  the 
working-aprons,  and  the  cotton  stockings,  are  changed  every 
week ;  cravats  and  woollen  stockings  every  fifteen  days ;  the 
sheets  every  month  in  summer,  and  once  in  six  weeks  in 
winter.    The  prisoners  take  a  bath  regularly  every  month 


230  CONDITION  OF  PKISONS. 

« 

(Neuchatel),  and  every  two  or  three  montlis  in  other  modem 
penitentiaries.  The  prisons  which  have  no  heaters  to  prepare 
the  baths  offer,  as  regards  the  cleanliness  of  the  prisoners, 
conditions  least  favourable. 

39.  The  privies  are  still  very  primitive  in  the  old  prisons, 
where  association  by  day  and  by  night  still  exists.  They  are 
adjacent  to  the  hall,  and  are  separated  from  it  only  by  a  door. 
In  others  are  found  large  glazed  earthen  vessels,  with  covers 
more  or  less  tight,  which  are  regularly  emptied  into  the 
adjoining  latrines.  In  the  cells  of  the  modern  penitentiaries 
we  find,  in  the  recess  indicated  above,  enamelled  iron  vessels, 
whose  covers  close  hermetically.  These  vases  are  emptied 
regularly  by  a  prisoner  charged  with  this  service.  They  are 
voided  into  the  adjoining  latrines,  or  into  a  moveable  pit,  which 
is  afterward  emptied  into  another,  that  is  immoveable,  at  some 
distance  from  the  buildings.  Workshops  have  privies  situated 
in  an  angle,  and  isolated  by  one  or  two  doors,  which  are  some- 
times glazed.  The  water-closets  in  modem  penitentiary 
establishments  are  placed  on  the  north  side,  separated  from  the 
cells  ;  they  have  basins  provided  with  a  deodorising  apparatus, 
and  are  abundantly  supplied  with  water  for  *  purposes  of 
cleansing.  In  the  other  prisons  the  privies  fulfil  only  to  a 
limited  degree  the  conditions  required  by  sanitary  science. 

40.  The  method  of  lighting  by  gas  has  been  introduced  into 
the  penitentiaries  of  Zurich,  Bale,  Neuchatel,  and  Saint-Gall. 
Every  cell  is  provided  with  one  burner,  which  may  be  closed 
by  a  stop-cock  placed  outside  the  cell.  Thus  all  danger  of 
suffocation  or  attempts  at  suffocation  is  prevented.  At  Lenz- 
bourg  petroleum  is  used  for  lighting  the  cells  and  the  work- 
shops. In  winter,  during  the  evening  of  Sunday,  the  prisoners 
are  also  permitted  to  have], light.  In  other  establishments  only 
the  workshops  are  lighted  with  gas  (Geneva  and  Lausanne). 
Finally,  in  the  prisons  of  an  inferior  order  we  find  the  petroleum 
lamp  or  the  simple  candle,  as  a  means  of  lighting  the  workshops 
and  the  common  dormitories. 

41.  The  heating,  as  the  lighting,  of  the  prisons  differs  very 
much,  as  they  are  of  old  or  recent  construction,  and  as  the 
system  of  prison  discipline  is  more  or  less  advanced.  At  Saint- 
Gall,  Lenzbourg,  Bfile,  Neuchfi^tel,  and  Zurich  are  found  fur- 
naces which  warm  by  steam  all  the  cells  and  other  ports  of 


SWITZERLAND.  231 

the  establislmient.  The  detention  prison  of  Neuchatel  is 
warmed  by  means  of  a  hot-air  furnace.  Heating  by  steam  is, 
as  we  have  said,  combined  with  the  system  of  ventilation.  The 
tube  which  is  designed  to  warm  the  cell  is  a  simple  enlargement 
of  the  pipe.  It  is  placed  vertically  in  a  recess,  and  is  separated 
from  the  cell  by  an  iron  plate,  perforated  with  holes  to  allow 
the  heat  to  pass  through.  On  the  side  of  the  corridor  there  is 
an  opening,  opposite  the  tube,  by  which  the  amount  of  cold  air 
to  be  admitted  may  be  regulated.  In  the  greater  part  of  the 
prisons  we  find  ordinary  stoves,  made  with  varying  degrees  of 
excellence,  and  the  heating  is  eflfected  by  means  of  wood  or 
peat.  The  penitentiary  of  Tessin,  which  is  situated  in  a  warm 
climate,  has  no  system  of  artificial  heating. 

42  and  43.  Iron  bedsteads  are  used  in  many  of  the  peni- 
tentiaries. At  Lenzbourg,  Bale,  Neuchatel,  and  Geneva  they 
are  fastened  to  the  wall  on  one  side,  and  are  moveable,  so  that 
they  can  be  turned  up  and  padlocked.  Elsewhere,  most 
commonly,  the  bedstead  is  of  wood.  Everywhere  the  beds  are 
composed  of  a  paillasse,  or  of  a  sack  filled  with  cow's  hair  or 
moss,  of  one  or  two  linen  sheets,  of  one*  or  two  woollen 
blankets  in  summer,  of  two  to  four  in  winter,  and  of  a  bolster 
or  pillow  filled  with  grass  or  straw. 

42  bis.  The  dietary  of  the  prisoners  varies  much  in  the 
diflferent  cantons,  and  according  to  the  importance  which  is 
attached  to  penitentiary  training.  Where  the  moral  reforma- 
tion of  the  prisoners  is  not  made  the  principal  aim  of  the 
imprisonment,  the  dietary  is  but  little  varied,  and  is  not 
Bufficient  to  restore  the  losses  caused  to  the  bodily  organs  by 
hard  labour.  Meat  seldom  figures  in  the  bill  of  fare  (in  some 
prisons  the  prisoners  have  it  only  twice  a  year).  Prisoners  long 
subjected  to  such  a  diet  suJBfer  more  or  less  from  a  deficiency  of 
blood.  In  proportion  as  penitentiaries  become  better  organized 
and  administered  the  dietary  is  improved,  and  substances 
containing  nitrogen  form  a  larger  proportion  of  it.  The 
number  of  daily  meals  is  three.  Breakfast  consists,  in  most  of 
the  prisons,  of  gruel  or  oatmeal  porridge  ;  and  the  quantity  is, 
on  an  average,  from  a  pint-and-a-half  to  a  quart.  In  French 
Switzerland  (at  NeuchS,tel,  Lausanne,  and  Geneva)  the  prisoners 
receive  from  one-half  to  three-quarters  of  a  litre  of  coffee  {cafe 
au  lait).    At  Lenzboiu*g  the  breakfast  consists  on  each  alternate 


232  CONDITION  OF  PRISONS. 

day  of  soup  and  cofiFee.     Dinner  consists,  once  a  week  or  oftener, 
of  a  soup  (three-fourtlis  to  one  litre)  prepared  witli  bread  and 
vegetables  varying  with  the  season  and  the  meat.     For  the 
preparation  of  this  meat  soup  there  is   allowed   260   to   500 
grammes  of  meat,  without  bone,  per  man  and  per  week.     In 
certain  penitentiaries  (Lenzbourg,  Zurich,  &c.)  the  quantity  of 
meat  authorised  is  spread  over  several  dinners  during  the  week. 
The  meat  is  cut  into  little  morsels  and  is  distributed  with  and 
in  the  soup.     In  other  penitentiaries  it  is  given  as  a  ration  and 
by  itself.     At  Lausanne  there  is  added  to  the  half-pound  of 
meat  four  ounces  of  raw  bacon.    At  Geneva  there  are  given  on 
Sundays  250  grammes  of  boiled  beef,  and  on  Thm-sday  the  same 
quantity  of  hashed  pork,  prepared   with  potatoes.     The  dis- 
tribution of  this  meat  soup  takes  place,  in  certain  establish- 
ments, on   Tuesday  and   Sunday  (Saint-Gall) ;   elsewhere  on 
Monday  and  Thursday  (Neuchatel)  of  each  week,  so  that  these 
more  substantial  and  nutritious  meals  may  fall  in  the  midst  of 
the  working  days.     The  herb  soup  is  made  with  bread,  grain, 
or  vegetables  in  season,  among  which  potatoes  too  often  pre- 
ponderate.    The  evening  meal  consists  of  a  soup  prepared  with 
rice,  with  barley  or  oats,  with  wheat-flour,  or  with  sea-moss, 
with  or  without  the  addition  of  potatoes  or  matccaroni.     The 
quantity  of  bread  allowed  to  each  prisoner  varies  from  750  to 
800  grammes  a  day.     Fresh  water  is  the  ordinary  drink.     As  a 
general  rule  prisoners  in  health  are  not  supplied  with  wine. 
In  some  establishments  there  is  accorded  to  those  who  have 
reached  the   higher    penitential^   stage   an  authorisation  to 
famish  them  at  their  own  expense  extra  milk  or  a  ration  of 
supplementary  or   extraordinary  solid  food.     Those  who  are 
engaged  in  toilsome  labour  receive  a  supplementary  supply  of 
milk    (Zurich,  Neuchfitel),  and,  in   very  exceptional  cases,  of 
wine  (Lenzbourg).     The   choice  and  combination  of  aliments 
which  should  form  the  bill  of  fare  of  the  three  daily  meals  are 
but  rarely  regulated  in  such  manner  that  the  diet  of  the 
prisoners  is  varied  as  much  as  it  might  be,  and  that  the  food 
consumed  in  twenty-four  hours  contains  the  nutritive,  nitro- 
genous and  non-nitrogenous  substances  in  just  proportions.     A 
man  insufficiently  fed  is  little  disposed  to  submit  himself  to  the 
reformatory  influence  of  the  best  penitentiary  education. 
44.  The   hours   of  labour  vary  according  to  the  kinds  of 


SWITZERLAND.  233 

occupation  introduced  into  the  diflFerent  establishments.  Where 
a  large  number  of  prisoners  are  engaged  in  agricultural  labours 
or  on  public  works  there  is  less  regularity  than  in  penitentiaries 
where  industrial  labour  predominates.  Still  it  may  be  said 
that  the  number  of  hours  of  daily  labour  is,  on  an  average, 
firom  ten  to  twelve.  In  summer  (from  April  1  to  September 
30)  work  begins  at  5  o'clock  in  the  morning,  and  in  some 
establishments  a  half-hour  sooner.  In  winter  (October  1  to 
Maxch  31)  at  5 J  or  6  o'clock.  On  Sundays  and  feast-days  the 
signal  for  rising  is  given  a  half-hour  or  an  hour  later  than  on 
working-days.  Work  is  regularly  suspended  at  7  or  half-past 
7  A.M.,  half-an-hour  for  breakfast;  at  noon,  an  hour  for  dinner; 
and  in  the  evening,  a  half-hour  for  supper.  At  10  a.m.  and  at 
4  P.M.  there  is  very  generally  granted  a  recess  of  a  quarter  to 
half-an-hour.  After  the  cessation  of  work,  which  occurs  at 
half-past  7  or  8  o'clock  p.  m.,  the  prisoners  have  still  a  half  to 
three-quarters  of  an  hour  at  their  disposal  for  intellectual 
occupations,  but  Oiily  in  penitentiaries  where  they  pass  the 
night  in  separate  cells.  An  hour  of  exercise  and  an  hour  of 
school  complete  the  day's  progi'amme.  This  last  hour  should 
be  curtailed  in  those  penitentiaries  where  there  is  no  schooling, 
and  where  only  an  hour  or  two  on  Sunday  are  given  to  this 
object.  The  hour  of  exercise  is  accorded  only  to  those  who 
work  in  the  cells  or  in  the  shops.  In  the  modern  or  reorganized 
penitentiaries,  the  average  number  of  hours  of  labour  is  twelve; 
that  of  recreation  (exercise,  school-lessons  in  cell,  reading,  &c.) 
is  four,  to  which  must  be  added  the  hours  of  Sundays  and 
feast-days.  These  last  are  more  or  less  numerous  according  to 
the  religious  creed. 

45.  In  regard  to  the  treatment  of  sick  prisoners :  The  above 
programme  is  applied  only  to  prisoners  in  health.  Those  who 
are  indisposed  or  sick  are,  on  the  order  of  the  medical  officer  of 
the  prison,  excused  from  work.  Slight  indispositions  are  treated 
in  the  cells  or  in  the  common  dormitories  ;  those  more  seriously 
sick  receive  medical  attention  in  the  infirmary,  which  is  found 
in  the  penitentiaries  of  the  two  higher  classes  indicated  at  the 
commencement  of  this  report.  The  infirmary,  presided  over  by 
the  physician  of  the  establishment,  who  has  under  his  orders 
an  officer  detailed  to  duty  therein,  leaves  little  to  be  desired, 
especially  in  the  modem  penitentiaries.     There  is  generally 


234  CONDITION  OF  PRISONS. 

found  there  a  small  dispensary,  and  everything  that  is  necessary 
for  medical  treatment.  Prisoners  seriously  ill  cannot  receive 
attention  in  the  old  prisons.  The  sick  in  this  case  are 
transferred  to  a  hospital.  Prisoners  who  present  symptoms  of 
mental  alienation  are  conveyed  to  a  lunatic  asylum. 

46  to  48.  The  diseases  most  common  are  inflammation  of 
the  bowels,  bronchitis,  inflammation  of  the  pleura  and  lungs, 
rheumatic  affections  of  the  joints  and  muscles,  pulmonary 
consumption,  enlargement  of  the  lymphatic  glands,  and  diseases 
of  the  nervous  system.  Contagious  diseases — typhoid  fever, 
syphilis,  the  itch,  &c. — are  always  imported ;  and  their  number 
— especially  of  venereal  affections,  chronic  complaints,  and  the 
itch — is  relatively  high  in  some  of  the  cantons.  At  Lenzbourg 
the  number  of  the  sick  varies  between  2  per  cent,  (light  cases) 
and  1^  per  cent,  (cases  more  serious)  of  the  days  of  imprison- 
ment. During  the  last  six  years  this  penitentiary  has  registered 
nineteen  deaths,  which  is  about  3  per  annum  on  an  average  of 
370  prisoners.  Of  the  five  who  died  during  the  year  1870,  three 
owed  their  death  to  pulmonary  phthisis.  In  the  penitentiary 
of  Bale  we.  find,  in  1867,  2*85  per  cent,  of  days  of  sickness. 
Of  330  prisoners  there  were  126  cases  of  sickness,  and  two 
deaths  (apoplexy  of  the  lungs  and  consumption  of  the  liver). 

Zurich,  with  an  annual  average  of  407  prisoners,  has  had, 
during  the  last  ten  yeai-s,  sixty-four  cases  of  sickness,  which  is 
15  per  cent,  of  the  whole  number;  or,  in  other  words,  26  per 
cent,  per  annum  of  the  average  daily  number  of  prisoner's,  which 
was  241.  In  this  penitentiary  the  number  of  prisoners  who  died 
was  6*3  per  annum,  being  1*54  per  cent,  of  the  prisoners  present 
during  the  year,  or  2*61  per  cent,  of  the  average  daily  number. 
The  penitentiary  of  Geneva  indicates  5  per  cent,  as  the  propor- 
tional number  of  its  sick.  That  of  Lausanne  gives  3  per  cent,  as 
the  average  annual  number  of  deaths.  Of  307  prisoners  who  un- 
derwent their  punishment  in  this  establishment,  there  were  3,497 
days  of  sickness,  out  of  63,217  of  imprisonment ;  twelve  persons 
alone  counting  about  2,000  days.  The  cases  of  chronic  maladies 
cited  are,  phthisis,  pleurisy,  and  scurvy.  Four  deaths  occurred, 
two  having  been  caused  by  puknonary  phthisis,  and  the  other 
two  by  an  affection  of  the  heart  and  pulmonary  oedema.  There 
was  one  case  of  insanity.  The  annual  report  of  the  penitentiarj 
of  Berne,  for  1867,  shows,  out  of  an  average  daily  iiumber  o: 


SWITZ£IiL.VND.  236 

428  prisoners,  176  sick,  who  were  treated  in  the  infirmary,  and 
14  deaths,  three  of  which  were  from  pulmonary  phthisis  and 
two  from  pneumonia.  The  number  of  deaths  in  the  penitentiary 
of  St.-Gall,  from  1858  to  18C3,  during  which  years  1,286 
prisoners  were  received  into  the  establishment,  amounted  to  70. 
At  Lucerne,  the  average  number  of  days  of  sickness  was,  in 
1867,  25  to  each  prisoner  for  the  year.  At  SchaflFhausen,  there 
were  545  days  of  sickness  out  of  9,943  days  of  imprisonment. 
The  frequent  cataiThal  afibctions  of  the  organs  of  digestion 
(dyspepsia^  diatrrhcoa,  colic,  &c.)  are,  in  a  great  measure,  due  to 
the  too  great  uniformity  of  the  living,  and  the  want  of  sufficient 
exercise  in  the  open  air,  under  the, vivifying  light  of  the  sun. 
These  injurious  influences,  added  to  sadness  and  remorse,  give 
rise,  secondarily,  to  that  prison  scrofula  which  is  observed,  in 
proportions  more  or  less  marked,  in  the  different  penitentiaries, 
and  which  often  terminates  in  j)ulnionary  phthisis.  During 
the  three  years  from  1868  to  1870,  two  suicides  are  noted  at 
Lenzbourg,  and  fourteen  cases  of  insanity,  more  or  less  giave, 
which  were  ascribed  less  to  the  imprisonment  than  to  a 
hereditary  or  individual  predisposition  and  the  influence  of 
remorse  and  misery.  At  Neuchiltel  tlaro  were  observed  during 
the  year  1870,  out  of  146  prisoners,  two  cases  of  insanity,  one 
of  which  had  already  been  treated  in  a  hospital,  and  the  other 
was  occasioned  by  drink.  At  St.-Gall,  from  1858  to  1863,  there 
were  nine  cases  of  insanity  (six  men  and  three  women)  out  of  a 
prison  population  of  1,286.  If  there  are  obsen'ed  in  the  prisons 
pulmonary  phthisis  and  other  diseases  in  proportions  which 
demand  serious  examination,  these  establishments,  and  particu- 
larly those  of  recent  construction,  seem,  on  the  other  hand,  to 
present  a  remarkable  freedom  from  epidemic  diseases.  "When 
the  cholera  prevailed  at  Zurich,  not  a  single  case  developed 
itself  among  the  prisoners.  It  was  the  same  at  Lenzbourg 
during  an  epidemic  of  measles  which  prevailed  in  the  neighbour- 
hood, and  by  which  adults  were  attacked.  At  the  time  of  the 
entrance  into  Switzerland  of  the  army  of  Bourbaki,  tliere  was 
established,  close  to  the  j)enitentiary  of  Nenchatel,  a  lazaretto 
for  persons  affected  with  varioloid  ;  and  though  the  peniten- 
tiary establishment  was  requu-ed  to  furnish  meals  to  the  sick 
and  to  their  nurses,  and  to  apply  disinfectants  to  the  bedding, 
no  case  of  small-pox  occurred  in  the  prison.     It  is  true  that  a 


236  CONDITION  OF  PRISONS. 

general  re-vaccination  had  taken  place.     Similar  observations 
were  made  in  the  penitentiary  at  Bale. 

49  to  52.  The  distinction  between  penal  and  industrial  labour 
is  made,  in  the  Swiss  prisons,  by  law  only  in  the  cantons 
where  there  still  exists  the  system  of  the  old  hard  labour 
prisons,  in  which  a  certain  class  of  prisoners  are  subjected 
to  public  labour,  viz.,  in  sweeping  the  streets,  making  roads, 
dyking  rivers,  agricultural  labours,  &c.,  &c.  This  distinc- 
tion is  not  made  in  the  penitentiaries  in  which  the  reforma- 
tion of  the  prisoner  is  proposed  as  the  end.  Doubtless 
many  kinds  of  labour  are  disagreeable  and  little  attractive,  and 
the  persons  engaged  in  such  labours  would  not  volimtarily  sub- 
mit to  them  if  they  were  free ;  these  labours  thus  acquire  a 
penal  character.  In  some  of  the  penitentiaries  prisoners  are 
sometimes  subjected  to  labours  of  this  kind  on  their  entrance 
and  during  the  continuance  of  the  first  part  of  their  celhilar 
stage,  or  those  are  thus  employed  who,  from  the  intermediate 
stage,  have  been  returned  to  their  cells ;  or,  again,  the  indolent, 
the  intractable,  &c.  This  penal  labour  is  a  sort  of  disciplinary 
punishment.  The  labours  belonging  to  this  class  are  :  The 
sawing  and  cutting  of  fire-wood,  the  plaiting  of  straw,  the 
culling  coflFee,  the  manufacture  of  envelopes  and  cornucopias, 
of  wooden  boxes,  &c.,  &c.  Nowhere  is  there  found  in  Switzer- 
land a  penal  labour  of  the  character  of  the  tread-mill.  Hard 
ignominious  public  labour,  such  as  still  exists  in  some  cantons, 
is  not  unfavourable  to  physical  health,  but  has  a  bad  moral 
eflFect.  The  penal  labour  introduced  into  our  modem  peni- 
tentiaries as  a  light  disciplinary  labour  is  applied  only  tem- 
porarily ;  it  is  not  injurious  to  the  health  of  prisoners,  and,  as 
it  often  produces  ennuiy  they  seek  to  regain  the  confidence  they 
had  lost,  so  as  to  be  admitted  to  more  interesting  and  more 
profitable  labour.  We  find  in  the  greater  part  of  the  peni- 
tentiaries various  branches  of  industry  carried  on,  among  which 
the  more  general  and  the  more  important  are :  Weaving,  shoe- 
making,  tailoring,  carpentry,  varnishing,  upholstery,  cooperage, 
working  in  wood,  brush-making,  locksmithing,  blacksmithing, 
working  in  tin,  book-binding,  paper-ruling,  lithographing, 
watch-making,  turning,  basket-making,  laundry-work,  em- 
broidery, and  knitting.  For  persons  sentenced  to  a  short  im- 
prisonment :  The  stuffing  of  chairs,  the  making  of  slippers,  the 


SWITZERLAND.  237 

mannfactnre  of  mats,  of  sieves,  of  bee-hives,  of  envelopes,  of 
paper  monkeys,  and  of  wire  trellis-work.  Then  come  domestic 
labours  of  various  kinds,  and  office  occupations. 

53  to  55.  Industrial  labour  in  the  prisons  of  Switzerland 
is  managed  by  the  Administration  itself.  The  attempts  which 
have  been  made  in  some  prisons  to  let  the  labour  to  con- 
tractors for  a  fixed  daily  sum  were  very  speedily  abandoned. 
Orders  are  received  in  the  penitentiaries.  The  raw  material 
is  furnished  by  tlie  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  calculate  the  value  of  the  workmanship  and  of  the  raw 
material  employed.  Account  is  taken  in  this  calculation  of  the 
prices  durent.  Everywhere  they  endeavour  to  deliver  merchan- 
dise carefully  manufactured ;  and  thus,  as  a  general  rule,  the 
industrial  products  of  our  prisons  are  in  good  repute.  Prefer- 
ence is  given  in  the  modern  penitentiaries  to  the  management 
of  the  Administration  over  that  of  contractor  as  beinj;  better 
fitted  for  penitentiary  training.  The  Administration,  being 
supreme,  can  introduce  a  greater  variety  of  industries,  and  suit 
to  these  latter  the  diflFerent  aptitudes  presented  by  the  prisoners. 
The  consequence  of  the  distribution  of  the  prisoners  on  a  larger 
number  of  industries  is,  that  each  branch  is  restricted  to  a 
Telatively  small  number  of  workmen,  and  hence  free  labour  has 
no  occasion  to  fear  an  injurious  competition.  We  endea- 
vour to  create  a  demand  for  the  i>roducts  of  prison  labour, 
rather  by  the  excellence  and  solidity  of  the  manufacture  than 
by  low  prices.  Were  it  otherwise,  the  i}enitentiaries,  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  incompatible  with  the  system  of 
letting  the  labour  of  the  prisoners  to  contractors.  It  is  the 
Administration  alone  that  can  feel  an  interest  in  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 
an  honest  living. 

56.  The  number  of  prisoners  not  having  a  regular  business 
at  the  time  of  their  commitment  is  relatively  considerable. 
Nevertheless,  the  tendency  is  shown  to  be  towards  a  diminution, 
if   comparison  is  made  between   the  results   of  statistics   for 


^^«^^'  iS-ory,  ^^^fU^out^^^^'     ,  cent.  °*  ^^ts,  * 
in  «^^  '*    "occupa^"'''^' Its  fotcv  as  P        cent.; J*^^^  ecnt- 

ftgates'-   7^^vsoTvets-,  '^''^^grega^  ^La  catvtotvS'  a«        ,    atvi 
pet  <^e^^'  't  varies  ^ot^e^    ^^e  ^°^     It  tauB^  ^«     ^^^9^9 

tatiot^^'  •taeVV^^^''^''' tta^  year..  J^      V^-^^^^^^en  ^^^^^f 
tn  ittven^^®  *^*=        e  or  ae^^^  „^^&^>e^  °V-„\>  free  ^°^  Lntent^ce- 

^^  ^^'^^  ""TJ  ^«  ^''f  Iftt  a^o^S  '^^IS  ^'^'^   Sr,  '^  °*' 


\ 


^^^^"^  .^Se  we  ^^tv^V  *f  r  V  scale  oij^ 
tiftcs.  »* 


SWITZERLAND.  239 

with  the  angmentation  of  labour.  In  the  better  organized 
penitentiaries  farther  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  materials,  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  by  teaching  the  manner  of 
calculating  the  value  of  the  workmanship.  The  prisoners  are 
more  or  less  associated  with  the  Administration  through  their 
industrial  labours.  If,  by  their  good  conduct  and  their  apti- 
tudes, they  come  at  length  to  deserve  the  necessary  degree  of 
confidence,  they  are  called  to  fulfil  the  functions  of  foremen. 
There  is  thus  afibrded  to  every  prisoner  the  opportunity  of  de- 
veloping and  manifesting  his  power  of  initiative.  Technical 
works  and  journals  on  difierent  branches  of  industry  are  placed 
in  the  hands  of  the  workmen.  Writings  of  the  character  of 
Franklin's  ^Poor  Richard'  afibrd  material  assistance  in  this 
system  of  penitentiary  education. 

59.  But  all  these  salutary  infiuences  are  lost  in  the  case  of 

prisoners  sentenced  to  a  short  imprisonment.     The  directors 

of  the  Swiss  penitentiaries  are  unanimous  in  regarding  repeated 

short  sentences  for  minor  offences  as   a  pernicious  judicial 

practice,  which  is  followed  without  refiection.     The  sentiment 

of  justice,  as  well  as   the  moral  reformation  of  the  prisoner, 

Tequires  that  the  repression  be  more  serious  and  more  ade- 

^jnately  protracted  in  the  case  of  individuals  who   form  the 

habit  of  crime,  and  who  appear  to  make  it  the  basis  of  their 

<2haracter.     The  effect  of  these  short  imprisonments  becomes 

worse  on   each   successive    conviction.      The   recidivists    fall 

deeper  and  deeper,  and  the  prison  cannot  lift  them  up.    During 

the  short  stay  they  make  in  the  penitentiary  establisbment,  it 

is  impossible  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  aff'ect  the  individual  of  this 

class,  who,  on  entering  the  establishment,  counts  the  exact 

number  of  days  which  separate  him  from  freedom.      These 

8u1]ject8  undergo,  more  or  less  patiently,  the  restraint  imposed 

upon  them ;  they  are  indifferent,  and  little  heed  the  present  or 

the  future  which  awaits  them.  On  the  other  hand,  too  protracted 


240  CONDITION  OF  PRISONS. 

imprisonments  (twenty  to  twenty-five  years)  plunge  the  prisoner 
at  last  into  apathy  and  despair. 

60.  The  proportional  number  of  recidivists  can  be  given  only 
approximately.     The  statistics  in  the  different  cantons  are  not 
made    out   in   a   uniform  manner.      In  some   establishments, 
account  is  made  of  all-  prior  sentences — ^police,  correctional, 
and  criminal ;  in  others,  they  embrace  only  those  which  have 
been  pronounced  within  the  canton,  or  even  notice  only  the 
punishments  undergone  in  the  same  establishment.   The  greater 
part  of  the  cantons  expel  from  their  territory  liberated  prisoners 
of  foreign  birth,  and  give  themselves  no  further  trouble  about 
them ;  so  that  it  may  happen  that  the  cantons  whose  peniten- 
tiaries contain  numerous  non-residents  of  the  canton  may  have 
fewer  recidivists  to  be  registered.     In  spite  of  the  defective 
state  of  the  statistics  we  may  estimate  an  average  of  30  to  45 
per  cent,  as  the  proportion  of  recidivists  in  cantons  where  the 
penitentiary  system  has  made  least  progress,  and  from  19  to 
25  per  cent,  as  that  of  the  cantons  whose  penitentiaries  are 
well  organized.     The  efficacy  of  a  penitentiary  system  may  be 
indicated,  up  to  a  certain  point,  by  the  number  of  its  recidivists. 
But  this  rule  has  numerous  exceptions  in  Switzerland.     The 
diversity  in  the  modes  of  punishment  does  not  allow  us  to  draw 
from  the   numbers   indicated  an  indisputable  conclusion.     It 
would  be  necessary  to  take  account  of  the  preventive  measures, 
which    are   more  or  less   effectively  applied  in  the  different 
cantons.     In  the  canton  of  Argovie  (Lenzbourg),  where  peni- 
tentiary education  is  conducted  with  care,  there  were  counted, 
from  1865  to  1867,  forty-five  recidivists  out  of  eighty-seven 
prisoners ;  and  from  1868  to  1870  only  forty-four  to  one  hun- 
dred and  fifty,  among  whom  fourteen  were  not  natives  of  the 
canton.    Thus  the  recidivists  form  2S  per  cent,  of  the  criminals 
of  Argovian  origin,  and  37  per  cent,  of  those  not  bom  in  that 
canton,  making  an  average  of  28  per  cent.     So  that  in  the 
space  of  six  years  there  was   a  cheering  diminution  in   the 
number  of  recidivists,  and  it  must  be  attributed,  in  great  part, 
to  the  penitentiary  system  applied  in  that  establishment,  and 
also  to  the  efforts  made  to  aid  and  protect  liberated  prisoners. 
The  correctional  recidivists  form,  in  that  same  canton,  50  per 
cent.     In  the  canton  of  Bdle-ville  (one-third  of  the  prisoners 
in  cellular  reclusion)  the  number  of  recidivists  is  from  18  to 


S\VITZERL.\XD.  241 

19  per  cent.,  and  that  figure  is  caused,  in  great  part,  by  women 
ubandoned  to  prostitution  and  vagrancy.  In  the  canton  of 
Saint-Gall,  of  1,286  persons  sentenced  criminally  and  commit- 
ted to  the  penitentiary  of  SaintJ'acques  (Auburn),  during  the 
first  twenty-five  years  of  its  existence  (1839  to  1803),  the 
recidivists  were248,  being  an  average  of  19*5  per  cent.  This 
jjenitentiary  has  been,  for  many  years,  under  the  direction  of 
a  man  as  humane  as  he  is  enlightened.  In  the  canton  of 
Lucerne,  which  possesses  an  old  hard-labour  prison,  the  number 
of  recidivists  rises,  per  contra^  to  40*4  per  cent.  The  number  of 
female  recidivists  is  60  per  cent,  in  the  canton  of  Argovie. 
Woman,  more  than  man,  resists  the  seductions  which  lead  to 
crime ;  but  when  she  has  once  succumbed,  her  moral  degrada- 
tion is  greater  and  more  rapid  than  is  the  case  with  man,  and 
her  falls  more  frequent. 

61.  The  existing  codes  denounce  a  severer  punishment 
against  prisoners  convicted  more  than  once.  Some  sentence 
them  to  the  maximum  of  the  pimishment  incurred ;  others  add 
to  this  punishment  its  moiety,  and  even  more,  in  the  excess  of 
the  maximum.  Every  sentence,  for  an  offence  exceeding  six 
months,  becomes  an  aggravating  circumstance  in  the  case  of 
the  person  who,  having  suffered  it,  is  prosecuted  criminally. 
In  the  cantons  of  Argovie  and  Zurich,  it  is  only  at  the  third 
relapse  that  the  aggravation  of  the  punishment  commences  for 
criminals,  which  punishment  is  then  carried  to  ten  years  of 
reclusion,  in  the  first-named  of  these  cantons.  The  recidivists 
of  this  class  are  besides  subjected  in  the  penitentiary  to  a 
cellular  separation  of  longer  duration,  and  even  throughout  the 
whole  tetm  of  their  punishment,  if  they  show  themselves  de- 
praved to  a  high  degree.  This  last  system  exists  also  in  the 
cantons  of  Zurich,  Bale,  and  Neuchatel. 

62.  Prisons  for  debt  exist  only  in  a  few  cantons,  and  it  may 
eren  be  said  that,  where  such  prisons  are  still  found,  the  con- 
straint of  the  body  has  fallen  into  disuse.  In  a  number  of 
cantons  the  State  authorises  the  restraint  of  the  body,  in  default 
of  payment  of  the  expenses  of  justice ;  but  this  imprisonment  is 
of  short  duration,  and  often  is  not  inflicted  at  all.  This  punish- 
ment is  regarded  as  correctional,  and  has  no  character  of 
infiuny. 

63.  In  examining  the  table  of  crimes  and  misdemeanours,  we 


242  CONDITION  OF  PRISONS. 

observe  that  the  number  of  those  committed  against  property 
(l)ettjr  larcenies,  thefts,  abuses  of  trust,  &c.)   constitute  Co  to 
70  per  cent,  of  the  total  number ;  that  the  number  of  attempts 
against  life  (murders,  homicides,  infanticides)  is  10  per  cent. ; 
acts  of  incendiarism,  5  per  cent. ;  and  the  remainder  comprises 
cases  of  counterfeiting,   false    accusations,  &c.,   &c.      These 
figures  sufficiently  indicate  the  direction  followed  by  the  will  of 
the  i^ersons  forming  the  criminal  class.     Mr.  Miihler,  director 
of  the  penitentiary  of  Lenzbourg,  makes  the  following  reflec- 
tions on  the  causes  of  crime  in  the  canton  of  Argovie :  The 
most  frequent  cause  of  crime  is  a  bad  education,  which  early 
gives  to  the  will  a  fatal  direction  toward  evil,  or  which,  at 
least,  stifles  in  the  character  the  moral  power  to  resist  evil 
su£:ixcstions.      Anions  the   correctionals   the   influence   of  an 
evil  education  is  more  marked  than  among  the  criminals.    This 
is  exjJained  by  the  circumstance  that  the  former  are  mainly 
recruited  in  the  x^auper  class,  which  is  deprived  of  everj^hing 
that  might  give  to  the  child  a  good  education.     Many  of  these 
correctionals   have  never  enjoyed  the  family  life ;    they    are 
oi'phans  or  illegitimate  children,  who  have  been  placed  by  the 
commune  (we  have  in  Switzerland  obligatory  communal  assist- 
ance) or  by  philanthropic  societies,  with  one,  or,  successively, 
with  several  keepers  of  boarding-houses.     In  both  cases,  these 
children  are  rarely  in  conditions  favourable  to  their  education. 
Wo  find,  on  the  other  hand,  among  the  criminals,  a  certain 
number  belonging  to  the  higher  classes  of  society,  whose  edu- 
cation has  been  less  neglected,  who  have  themselves  lived  in 
favourable    conditions,   and  who   sometimes   had   gained    an 
honourable  position   in  society.     Sensualism,  which  has  been 
developed  in  them  by  an  irrational  system  of  education,  is,  in 
the  greater  number  of  cases,  the  predominant  cause  of  their 
crimes.     Next,  we  encounter  other  persons  who  have  learned  a 
business  and  who  have  not  yet  arrived  at  that  state  of  utter 
indolence  which  is  so  often  marked  in  the  correctionals.     In  a 
higher  degree  than  these  last  the  criminal  prisoners  have  ties 
of  family ;  either  they  are  able  to  count  on  the  support  and 
succour  of  their  relatives  during  their  imprisonment  and  after 
their  liberation,  or  they  have  a  wife  and  children.    The  correc- 
tionals, on  the  contrary,  are,  for  the  most  part,  without  fioonilj, 
without  relatives,  without  friends,  and  possess  neither  sufficient 


SWITZERLAND.  243 

energy  nor  sufficient  perseverance  to  create  for  themselves  a 
domestic  lieartli.     Tlie  predominant  characteristic  of  snch  a 
manner  of  living  is  levity  and  heedlessness,  which,  if  other 
aggravating  circumstances  come  in  aid  of  them  (drunkenness, 
debauchery,  &c.),  as  often  happens,  degenerate  into  a  depravity 
whose  character  is  that  of  a  stupid  indifiference,  rather  than  the 
necessity  of  doing  wrong.     Another  source  of  crimes  and  mis- 
demeanours, nearly  as  prolific  as  the  preceding,  is  drunkenness, 
often  accompanied  by  other  excesses.    The  number  of  criminals, 
small  and  great,  abandoned  to  drunkenness,   or  who   at  the 
moment  of  the  criminal  act  were  under  the  dominion  of  drink, 
is  by  no  means  inconsiderable,  forming  at  least  50  per  cent,  of 
the  total  number  of  crimes  committed  by  men,  and  this  proi)or  - 
tion  is  even  higher  among  the  correctionals.    Governments  and 
societies  of  public  utility  have  been  occupied,  and  are  constantly 
occupied,  in  seeking  out  the  best  means  to  combat  this  vice, 
but  they  are  very  far  from  having  attained  the  object  of  their 
pursuit.     The  number  of  misdemeanours  occasioned  by  wine  is 
considerable  in  some  of  the  cantons,  and  the  liberty  of  the 
wine  traffic,  pushed  to  its  utmost  limits,  causes,  in  a  number  of 
these  cantons  (Neuchatel,  for  example),  the  commission  of  one 
crime  as  the  eflfect  of  wine  to  every  one  hundred  and  four 
persons  of  the  population.     In  others,  an  impost  upon  wine 
drives  the  pauper  class  to  the  consumption  of  brandy.     That 
which  is  worst  in  the  vice  of  drunkenness  is  not  the  criminal 
act  which  it  has  directly  or  indirectly  caused,  but  much  more 
the  moral  waste  which  the  drunkard   gradually  suffers,  and 
which  causes  him  to  lose  all  perception  of  the  most  elementary 
laws  of  morality.     Happily,  in  Switzerland,   there  are  gene- 
rally few  criminals  by  profession ;  that  is  to  say,  who  are  im- 
pelled toward  evil  as  the  result  of  a  hereditary  moral  anomaly, 
or  of  a  deplorable  education.     Nor  is  the  number  large  of  those 
who  have  become  criminal  by  a  deliberate  purpose,  through 
hatred  of  society  and  its  laws,  who  find  a  fascination  in  crime, 
and  who  conceive  that  they  have  a  right  to  the  exercise  of  their 
rengeance.      In  the   greater  number  of  cases   this   criminal 
tendency  is  increased  by  drink  and  debauchery.     It  may  be 
admitted  that  all  those  criminal  natures  whose  earliest  move- 
ments are  in  the  correctional  domain,  reach  at  length  that  of 
CEinie.    Anger,  the  absence  of  reflection,  in  a  word,  any  sudden 

B  2 


:244  CONDITION   OF  PRISONS. 

over-excitement,  combined  commonly  with  the  influence  of 
'drink,  is  a  frequent  occasion  of  crime.  In  the  majority  of 
sthese  cases  it  is  observable  that  the  moral  character  of  the 
criminal  had  been  previously,  to  a  certain  extent,  vitiated. 
Reverses  of  fortune,  domestic  troubles,  the  death  of  a  good 
mother,  may  be  an  occasion  of  discouragement,  followed  by 
prolonged  inactivity,  drunkenness,  and  debauchery,  vices  whicli 
prepare  the  soil  in  which  criminal  thoughts  speedily  germinate. 
But  such  cases  are  less  frequent  among  us  than  vulgar  rapacity, 
sordid  avarice,  and  the  mania  for  litigation,  which  is  also  fre- 
quently a  cause  of  crime  of  a  kindred  character.  Poverty  and 
misery  do  not  often,  in  Switzerland,  become  direct  causes  of  crimes 
and  misdemeanours.  They  act  only  indirectly,  since,  for  the 
most  part,  they  are  the  result  of  bad  education,  which  is  the 
easy  road  conducting  to  depravity  of  a  greater  or  less  intensity. 
It  often  happens,  again,  that  clothing,  watohes,  money  are 
stolen,  and  that  misery  is  indicated  as  the  cause  of  these 
larcenies.  But  if  these  cases  are  carefully  examined,  it  is 
found  that  want  is  rarely  the  impelling  cause,  and  that  more 
frequently  the  authors  of  these  offences  were  leading  a  dissolute 
life,  and  that  their  notions  of  morality  were  becoming  weaker, 
if,  indeed,  they  were  not  already  totally  effaced.  Many  of 
these  petty  thieves  themselves  excuse  their  crimes  by  alleging 
the  destitution  and  misery  in  which  they  found  themselves.  The 
following  statements,  extracted  from  the  triennial  report  (1868 
to^l870)  of  Lenzbourg,  and  which  may  be  applied  to  many  of 
the  Swiss  cantons,  gives  an  interesting  view  of  the  causes  of 
crime.  We  transcribe  it,  however,  under  reserve,  since  it 
is  impossible  to  classify  with  precision  the  immediate  causes  of 
crime. 

Of  one  hundred  and  ninety  criminals,  among  whom  were 
-one  hundred  and  seventy  men,  we  find  ninety-two,  equal  to  42 
per  cent,  of  the  men,  who  were  addicted  to  drunkenness,  or 
who  committed  their  crimes  in  a  state  of  intoxication.  The 
proportion  is  60  per  cent,  among  the  correctionals.  Of  one 
hundred  and  ninety-two  criminals  thirty-nine,  or  15*6  per  cent., 
were  criminals  in  the  true  sense  of  the  word ;  forty-one,  or 
21*3  per  cent.,  were  in  a  state  of  moral  decays  eighty-five,  or 
44*3  per  cent.,  became  criminals  through  levity  of  character ; 
thirteen,  or  6' 7   per  cent.,  became  so  as  the  result  of  the 


SWITZERLAND.  245^ 

inretcLed  condition  in  wliicli  they  lived ;  twenty-three,  or  12* 
per  cent,  committed  their  crimes  in  a  moment  of  sudden  ex- 
citement. Of  two  hundred  and  forty-four  correctionals,  nine- 
teen, or  7*8  per  cent.,  were  criminals  in  the  proper  acceptation 
of  the  word;  one  hundred  and  five,  or  43  per  cent.,  were  in  a 
state  of  complete  moral  prostration ;  one  hundred  and  six,  or 
43*4  per  cent.,  had  committed  the  fault  through  levity  of 
character;  twelve,  or  5  per  cent.,  in  a  moment  of  passion ;  and* 
two  as  the  result  of  unfortunate  circumstances.  If  the  propor- 
tion of  those  addicted  to  crime,  as  a  profession,  is  higher  among 
the  criminals  than  among  the  correctionals,  that  is  compensated 
by  the  inverse  proportion  of  correctionals  who  have  lost  all 
sentiment  of  duty  and  of  honour.  Out  of  296  orphans  admitted- 
into  the  penitentiary  of  Neuchatel  72  per  cent.,  or  almost  three- 
fourths  of  imprisoned  criminals  and  correctionals  were  deprived 
in  their  infancy  or  their  youth  of  paternal  or  maternal  aid ; 
23  of  them  had  neither  father  nor  mother.  Orphans  are  espe- 
ciaDy  numerous  among  recidivists  and  correctionals.  The 
number  of  crimes  would  be  reduced  among  us  to  its  minimum 
if  the  education  of  orphans  and  of  illegitimate  and  unfortunate 
children  were  the  object  of  a  solicitude  more  concentrated,  more 
steady,  and  more  methodical.  Modes  of  relief  are  not  wanting 
in  Switzerland ;  we  have  communal  assistance ;  we  have  nume- 
rous and  well-inclosed  alms-houses ;  and  above  all,  we  have- 
voluntary  aid,  which  is  designed  to  supplement  that  of  the- 
communal  corporations.  These  last  are  not  sufl&ciently  careful 
in  choosing  the  families  to  which  they  confide  the  education  of 
orphans  and  deserted  children.  Honest  families  which,  from, 
charity  and  a  true  Christian  devotion,  receive  under  their  care 
such  unfortunates  are  still  too  rare.  Old  men  who  need  as- 
sistance are  sometimes  placed  by  the  communes  at  board  in^ 
poor  families,  where  they  run  the  hazard  of  becoming  mendi- 
cants, vagrants,  and  thieves.  Primary  instruction  is  obligatory 
in  all  the  cantons  except  two,  and  gratuitous  in  several ;  yet,  in 
spite  of  this,  it  happens  in  these  cantons  that  children  escape 
from  control  and  do  not  avail  themselves  of  the  benefits  of 
instmction.  It  is  the  same  with  mendicity,  which  is  inter- 
dicted by  law,  but  which  continues  still  in  spite  of  the  bureaus 
of  relief  and  assistance,  because  many  persons  cannot  refuse 
alms  to  paupers  who  knock  at  their  gates,  and  make  an  appeaV 


24f6  CONDITION  OF  PRISONS. 

to  their  hearts.     Gambling-houses  may  be  said  no  longer  to 
have  an  existence  among  us.     That  which  is  opened  in  the 
canton  of  Valais  is  the  object  of  general  censure,  and  its  licence 
will  probably  not  be  renewed.     The  love  of  gaming  exists  not- 
withstanding, and  the  too  numerous  idlers  who  frequent  the 
wine-shops  seek  habitually  diversion  and  excitement  in  gambling. 
Public  houses  of  prostitution  are  tolerated  only  in  a  few  great 
centres  of  population.      Secret  prostitution  is  by  no  means 
wanting.     Finally,  there   ought  to  be  named  as  one  of  the 
sources  of  crime  the  defects  of  most  of  our  systems  of  penal  legis- 
lation and  the  absence  of  a  suitable  penitentiary  system  in  seve- 
ral of  the  cantons.    Efforts  are  made  to  dry  up  all  these  sources 
of  crime,  but  this  labour  of  moral  hygiene  does  not  proceed  with 
sufficient  concert  of  action.     In  the  several  cantons  progress  is 
made  with  different  degrees  of  slowness.     The  result  is  that 
the  success  of  those  cantons  which  have  introduced  reforms 
into  their  penal  and  penitentiary  systems  is  compromised  by 
numerous  cases  of  relapse,  coming  from  neighbouring  cantons 
less  advanced.     In  order  to  hasten  the  realisation  of  progress 
throughout  all  Switzerland  many  voices  have  been  raised,  on 
occasion  of  the  revision  of  the  federal  constitution,  to  demand, 
if  not  the  centralisation,  at  least  the  unification  of  the  penal 
code,  the  promulgation  of  federal  laws  to  insure  the  greater 
diffusion  of  education,  to  regulate  the  assistance  to  be  given  to 
paupers,  to  abolish  gambling-houses,  &c.,  &c.     These  reforms 
vdll  be  realised  some  day.     But  such  a  work  requires  time, 
which  indeed  is  demanded  by  the  general  law  of  human  pro- 
gress. 

64.  In  the  prisons  of  Switzerland,  the  two^  sexes  are  repre- 
sented in  the  following  proportions :  The  men  form  an  average 
of  80  and  the  women  of  20  per  cent.  This  average  varies 
slightly  in  different  cantons.  In  some  the  women  are  but  15 
per  cent,  of  the  total  prison  population. 

65.  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  flEivonrable  to  the  propositions  made 
with  a  view  to  the  introduction  of  penitentiary  reform  into  all 


SWITZERLAND.  247 

•our  prisons.     On  the  other  hand,  public  opinion  declares  itself 
in  favour  of  expenditure  designed  to  improve  the  condition  of 
criminals  only  after  the  State  has  supplied  the  country  with 
hospitals,  insane  asylums,  oi-phan  houses,  schools,  &c.,  &c.,  that 
is  to  say,  with  all  needful  establishments  designed  for  the  honest 
poor.     In  all  the  cantons  where  these  institutions  are  found, 
the  old  theory  of  penal  repression,  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  penal 
codes  of  many  of  the  cantons  are  based  on  punishment,  intimi- 
dation, and  expiation.      But,  despite  the  text  of  the  codes, 
which  was  often  written  prior  to  the  reform  of  the  prisons,  it  is 
sought  in  the  penitentiaries,  particularly  in  those  which  we 
have  grouped  in  the  two  superior  classes,  to  employ  agencies 
which    may    combine    at    once   repression    and    reformation. 
While  in  some  cantons   (those  of  the  two  inferior  groups)  the 
principle  of  repression  is  alone  admitted,  we  see  the  canton  of 
Zurich  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  principle,  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  criminals.     The  spirit  of  vengeance  is 
not  entirely  extinguished ;    it  still  shows  itself  whenever  any 
atrocious  crime  has  just  been  committed.     But  the  moment  of 
indignation  is  transient,  which  shows  that  an  immense  progress 
has  already  been  realised,  and  that  its  development  proceeds 
withoat  cessation,  in  spite  of  occasional  reactionary  movements. 
66.  The  favourable  results  obtained  in  the  moral  reformation 
of  prisoners,  subjected  to  the  penitentiary  regime  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  influence  of  the  improved  penitentiary  system 
does  not  make  itself  felt.     As  among  the  insane,  there  are 
incuraJble  moral  maladies ;  persons  in  whom  the  moral  sense 
lias  been  completely  perverted  suffer  themselves  to  be  impressed 


248  CONDITION  OF  PRISONS. 

in  a  penitentiary  only  by  the  evil  which  they  find  there,  ancL 
show  themselves  insensible  to  the  good  which  is  sought  to  be 
a<Jcomplished.  On  the  other  hand,  the  greater  number  are  far 
from  being  depraved,  and  the  moral  force  of  those  who  form 
this  class  increases  in  the  prisons.  At  the  moment  of  their 
liberation  they  feel  themselves  reconciled  to  society,  and  they 
have  the  firm  intention  of  regaining,  by  their  good  conduct 
and  by  honest  toil,  the  esteem  of  their  fellow-citizens.  It  is 
not  easy  for  a  prisoner  to  carry  into  efiPect  his  good  resolutions. 
He  has  to  confront  many  prejudices,  to  conquer  many  obstacles, 
and  to  resist  many  temptations,  to  which  he  would  sometimes 
succumb  if  some  charitable  hand  were  not  ext<3nded  for  his 
succour. 

G7  and  68.  It  is  with  a  design  of  preventing  relapses  among 
liberated  prisoners,  with  or  without  a  trade,  that  there  are 
formed  in  most  of  the  cantons  patronage  societies.  The  canton 
of  Saint-Gall  was  one  of  the  first  to  give  its  attention  to  this 
subject.  Thirty  years  ago  the  resolution  was  formed  in  tluit 
canton  to  establish  a  penitentiary  house,  organized  on  the 
principle  of  the  reformation  of  prisoners ;  but  its  execution  was 
essentially  subordinated  to  the  formation  of  a  society  which 
should  have  for  its  mission  the  supervision  of  liberated  convicts. 
In  the  autumn  of  1838  the  penitentiary  of  Saint-Jacques  was 
finished,  and  on  November  24  of  that  same  year  there  was 
passed  on  criminal  punishments  a  new  law,  which  declared  in 
article  6 : — 

After  his  liberation,  it  will  bo  the  duty  of  every  prisoner  who  is 
a  citizen  of  the  canton,  or  has  his  domicile  there,  to  place  himself^ 
for  three  months  at  least  to  three  years  at  most,  under  tlie  protection 
of  a  patronage  society. 

On  the  15  th  of  the  same  month  the  grand  council  of  Saint- 
Gall  adopted,  in  regard  to  the  administration  of  its  peniten- 
tiary, the  following  resolution  :  — 

Article  VI. — The  commission  of  direction  will  take  care  that  all  the 
hberated  prisoners  find  an  honest  support  and  be  placed  under  patron- 
age. In  this  view  it  will  endeavour  to  found  a  special  society,  to- 
which  the  minor  council  will  be  able  to  confide  the  care  of  the  liberated 
prisoners,  in  conformity  to  a  rule  approved  by  the  council. 

These  arrangements  greatly  facilitated  the  organization  of 


SWITZERLAND.  249 

the  patronage  society  of  Saint-Gall.  Thus,  ou  June  10,  1839, 
the  society  was  organized,  and  on  the  21st  of  the  same  month 
its  statutes  were  ratified  by  the  minor  council,  which,  in  its 
letter  missive,  expressed  the  hope  that  it  would  accomplish  by 
incessant  devotion  what  the  law  could  not  exact.  The  system 
on  which  this  society  was  foui^ded  has  undergone  no  modifica- 
tions down  to  the  present  time,  and  it  has  even  been  confirmed 
anew  by  a  decree  of  August  IG,  1860.  It  is  to  be  remarked 
that  the  committee  is  authorised  to  hand  over  to  the  police  of 
the  canton  every  individual  whom  it  is  unable  to  keep  under 
its  supervision,  or  who  has  rendered  himself  unworthy  of  its 
protection — an  authority  which  has  hitherto  proved  almost 
useless.  In  the  canton  of  Zurich  a  patronage  society  was 
founded  in  1865.  It  differs  from  that  of  Saint-Gall,  inasmuch 
as  it  is  based  on  liberty  of  action,  and  is  subject  to  no  govern- 
mental restriction.  Its  protection  is  granted,  in  preference,  to 
juvenile  delinquents,  and  it  extends  its  aid  not  only  to  prisoners 
discharged  from  the  penitentiarj^,  but  also  to  those  who  have 
undergone  their  punishment  in  a  district  prison.  At  Saint- 
Gall  the  patronage  committee  receives  from  the  director,  six 
weeks  before  the  liberation  of  the  prisoner,  information  re- 
lating to  his  age,  his  conduct,  his  trade,  and  the  causes  of  his 
sentence,  and  decides  at  that  time  whether  the  prisoner  is 
deserving  of  patronage,  and  w^hat  measures  ought  to  be  taken  in 
regard  to  him ;  whereas  at  Zurich  the  director  and  the  chaplain 
of  the  penitentiary,  being  themselves  members  of  the  central 
committee,  are  officially  called  upon  to  give,  orally,  the  infor- 
mation required,  and  to  submit  to  it  the  propositions  which 
they  judge  suitable  as  regards  the  patronage  of  the  discharged 
prisoner.  When  that  is  done,  the  president  selects  from  among 
the  members  of  the  committee,  for  each  prisoner,  a  reporter 
charged  with  drawing  up  a  paper  in  relation  to  the  cases,  and 
after  discussion  the  committee  takes  a  definitive  resolution.  In 
order  that  the  patron  may  become  acquainted  witli  the  prisoner 
and  question  him  concerning  his  plans  for  the  future,  permis- 
sion is  granted  to  visit  him*  before  his  liberation.  It  is  ad- 
mitted in  principle  that  the  society  is  not  to  bestow  its  care 
upon  those  who,  morally  and  materially,  have  no  need  of  it,  or 
refuse  it,  or  give  no  hope  of  improvement  from  it.  This  fact, 
like  many  others,  shows  that  there  are  reforms  necessary  in 


•250  CONDITION  OF  PRISONS. 

our  penal  legislation  in  regard  to  the  duration  of  punishments. 
The  annual  reports  of  the  central  committee  of  Zurich  show 
that  the  work  of  patronage  is  there  in  fiiU  activily.  The 
patronage  society  of  Berne,  organized  in  1864,  owes  its  exis- 
tence to  the  Society  of  Public  Utility.  Its  organization  does 
not  differ  in  any  essential  point  from  that  of  the  societies  of 
which  we  have  just  spoken,  and,  like  that  of  Zurich,  it  is  based 
on  the  principle  of  free  action.  In  the  report  of  the  labours 
of  the  first  year  the  committee  makes  the  following  observa- 
tions : — 

At  first  we  had  in  view  only  the  patronage  of  prisoners  whose 
previous  and  present  conduct  offered  sufficient  guarantees.  It  was 
necessary  that  the  first  essays  should  not  be  an  occasion  of  discourage- 
ment to  the  society.  Our  earliest  eflbrts  disappointed  us.  "We  had  no 
success,  and  it  was  only  when  we  had  the  courage  to  afford  aid  to 
recidivists  and  great  malefactors  that  our  success  became  complete. 
Although  Mr.  Dick,  chaplain  of  the  establishment,  did  not  cease  to 
speak  to  the  prisoners  of  the  many  benefits  of  patronage,  both  in  the 
pulpit  and  in  his  personal  visits,  we  had  only  now  and  then  an  ap- 
plication for  assistance.  There  is  occasion  to  propose  this  question, 
which  is  worthy  of  a  serious  examination,  to  wit.  Whether  it  would 
not  be  expedient  that  the  patronage  society  have,  by  law,  an  official 
position. 

In  the  canton  of  Bale-ville  it  is  now  some  years  since  the 
Philanthrophical  Society  and  the  Society  of  Public  Utility  have 
added  to  their  vast  and  laudable  field  of  activity  the  patronage 
of  prisoners  sentenced  criminally  and  correctionally.  They 
give  their  attention  specially  to  juvenile  prisoners,  whose  moral 
regeneration  offers  a  better  chance  of  success,  and  they  take 
great  pains  to  find  places  for  them  as  apprentices.  Hitherto 
the  results  obtained  have  been  higldy  satisfactory.  In  1835  a 
patronage  society  was  formed  at  Neuchatel,  and  for  some  years 
was  actively  engaged  in  its  appropriate  work.  Its  labours 
were  resumed  in  1844  by  a  new  committee,  which  had  at  first 
the  material  and  moral  support  of  the  Government,  but  subse- 
quently had  no  other  resources  than  those  obtained  through 
voluntary  contributions.  It  obtained  no  moral  results,  became 
•disheartened,  and  ceased  to  exist  during  the  political  events  of 
1848.  The  principal  cause  of  these  disappointments  was,  as  we 
think,  the  absence  of  a  rational  penitentiary  system.    Hence, 


SWITZEEIiAND.  251 

at  the  opening  of  the  present  penitentiary,  by  a  spontaneous 
movement,  many  persons  residing  in  the  six  districts  of  the 
canton  started  the  project  of  the  formation  of  a  patronage 
society  for  liberated  prisoners.     This  society  was  organized  and 
its  regulations  adopted  April  G,  1871.     Like  all  the  voluntary 
societies,  it  manifests,  at  the  commencement  of  its  career,  much 
zeal  ajid  enthusiasm  for  the  object  to  which  its  efforts  are 
directed.      The   cantons    of    Lucerne,   Thurgovia,   AppenzeU, 
Vaud,  and  Glaris  have  also  societies  organized  similar  to  those 
of  which  we  have  just  spoken.     In  the  canton  of  Argovic  much 
zeal  is  shown  in  the  patronage  of  liberated  prisoners,  and  as  in 
this  canton  conditional  liberty  is  authorised  by  law,  it  has  been 
proposed  to  charge  the  donsistories,  that  is,  the  elders  of  the 
churches,  with  the  supervision  and  care  of  liberated  prisoners. 
But  as  in  this  canton  the  principle  of  the  separation  of  Church  and 
State  has  just  been  decided  upon,  patronage  will  now  be  con- 
fided to  the  officers  of  the  civil  state.     Wherever  they  exist 
patronage  societies  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  endeavour  to  aid  their  beneficiaries  by  procuring 
work  rather  than  by  giving  them  assistance  in  money.     In  spite 
of  all  these  efforts,  the  results  do  not  con'cspond  to]  our  desires, 
and,  as  may  be  seen  from  what  has  been  said,  there  is  not 
sufficient  xmity  in  the  organization  of  patronage.     This  is  a 
great  inconvenience,  which  the  Swiss  society  for  penitentiary 
reform  is  seeking  to  remove,  by  bringing  into  mutual  relation 
all  those  persons  who,  in  the  different  cantons,  occupy  them- 
selves with  the  patronage  of  liberated  prisoners. 

69.  The  restricted  limits  of  the  present  report  do  not  permit 
us  to  discuss  the  imperfections  of  our  penal  system,  and  of  the 
discipline  of  our  prisons.  What  has  already  been  said  gives 
indications  of  the  reforms  to  be  desired.  We  therefore  limit 
ourselves  to  a  resume,  under  the  following  heads,  of  the  reforms 
which  still  remain  to  be  accomplished  : — 

(1)  The  unification  of  the  penal  code,  based  on  the  principle 
of  the  moral  reformation  of  prisoners. 

(2)  The  reform  of  our  detention  prisons  for  persons  awaiting 
trial. 

(3)  The  increase  of  the  number  of  reformatories  for  juvenile 


252  CONDITION  OF  PRISONS. 

delinquents  and  vicious  boys,  and  also  the  reform  of  work- 
houses and  houses  of  correction  for  vagrants  and  idlers. 

(4)  The  erection  of  penitentiaries  in  cantons  which  have 
only  the  old-fashioned  piisons,  which  are  incapable  of  rational 
transformations.  Two  or  more  cantons  might  come  to  an 
agreement  to  establish  a  penitentiary  in  common,  or  they  might 
make  arrangements  with  a  canton  which  already  has  one,  or 
found  other  establishments  to  be  used  as  intermediate  prisons, 
agreeably  to  the  progressive  Ii'ish  prison  system. 

(5)  The  special  education  of  prison  officers  and  employes. 

(6)  The  reform  of  the  disciplinary  and  educational  regime  of 
the  penitentiaries,  with  a  view  to  the  moral  regeneration  of  the 
prisoners. 

(7)  The  direction  and  supervision  not  only  of  the  adminis- 
tration of  all  the  prisons,  but  also  of  preventive  institutions 
(such  as  public  assistance,  orphan  houses,  agricultural  colonies, 
refuges,  patronage  societies,  &c.,)  in  the  hands  of  special  officers 
of  the  Government. 

(8)  The  united  action  of  the  State  and  voluntary  philan- 
thropic societies  and  societies  of  public  utility. 

(9)  Finally,  the  perfecting  of  all  institutions  whose  aim  is 
the  prevention  of  crime,  whether  in  the  domain  of  education, 
instruction,  social  conditions,  &c.,  or  of  that  of  police  and 
of  justice. 

Dr.  GUILLAUME. 

NeuchdUl. 


UNITED  STATES.  253 


UNITED    STATES. 

1.  Prison  System. — It  should  be  remembered  that  the  great 
North  American  Republic  is  composed  of  nearly  forty  separate 
States,  with  local  self-government,  and  a  dozen  dependencies 
not  yet  elevated  to  the  rank  of  States ;  that  these  fifty  jurisdic- 
tions are,  in  matters  of  crime  and  punishment,  independent  of 
each  other,  and  very  little  controlled  by  the  national  Govern- 
ment ;  that  they  vary  in  antiquity,  from  Virginia,  New  York, 
and  Massachusetts — which  have  been  inhabited  by  the  Indo- 
European  races  for  more  than  two  centuries  and  a  half — to  the 
new  territories  of  Dakota  and  Montana,  which  ten  years  ago 
were  occupied  only  by  roving  savage  tribes ;  and  that,  conse- 
quently, almost  every  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  separation  from  the  British  Empire  being  coeval 
with  the  first  improvement  of  prisons,  resulting  from  the 
labours  of  John  Howard.  Consequently,  the  prison  system  of 
America,  like  all  the  modern  systems,  dates  no  farther  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  established  by  the  Federal  Con- 
stitution of  1787,  dates  from  the  same  period;  but  it  has  never 
XniLch  concerned  itself,  as  a  Government,  with  the  prison 
system  of  the  country,  its  first  step  in  that  direction  being  the 
appointment  of  Dr.  Wines,  in  1871,  as  a  commissioner  to 
organize  the  present  International  Prison  Congress.  What- 
ever has  been  done,  therefore,  has  been  the  work  of  the  sepa- 
rate States  of  the  Union,  and  almost  wholly  within  the  present 
century.  The  oldest  penitentiary  now  in  use  is  probably  that 
of  Massachusetts,  at  Charlestown,  near  Boston,  which  was 
begun  in'  1800,  and  began  to  receive  convicts  in  1805.    Among 


254  CONDITION  OF  PRISONS. 

the  county  gaols  there  are  probably  a  few  older  than  this ;  but 
the  greater  number,  both  of  state  and  county  prisons,  have 
been  built  since  the  beginning  of  the  world-wide  controversy 
between  the  advocates  of  the  cellular  or  Pennsylvania  system, 
and  the  silent  or  Auburn  system,  now  generally  kno^vn  as  the 
separate  and  the  congregate  systems  of  prison  management. 
This  controversy,  opened  in  America  about  half  a  century 
ago,  took  a  concrete  and  practical  form  with  tlie  opening  of 
the  Auburn  and  Sing- Sing  Penitentiaries  in  the  State  of 
New  York,  built  on  the  congregate  i>lan,  with  separation  at 
night  in  single  cells ;  and  the  two  penitentiaries  of  Penn- 
sylvania, at  Philadelphia  and  at  Pittsburg,  built  on  the  separate 
plan,  with  celhdar  imprisonment  day  and  night  for  each 
convict. 

These  four  prisons,  and  the  remodelled  Charlestown  prison, 
constructed  on  the  Auburn  plan,  had  all  been  opened  in  1830, 
and  were  visited  a  few  years  later  by  the  illustrious  French 
Commissioners,  MM.  Beaumont  and  de  Tocqueville.     At  that 
period — say  forty  years  ago — and  for  fifteeen  or  twenty  years 
afterwards,  it  was   an  open   question  in  the  United   States 
whether  the  Pennsylvania  or  the  Auburn  plan  of  construction 
and  management  should  be  followed ;  but  such  is  no  longer  the 
case.     Tlie  States  like  Ehode  Island,  New  Jersey,  &c.,  which 
had  partially  adopted  the  Pennsylvania  system,  have  now  all 
gCHae  over  to  the  Auburn  plan ;  the  new  States,  of  which  a  dozen 
have  been  created  since  1835,  have  all  adopted  the  Auburn 
plan ;  and  even  in  Pennsylvania  the  cellular  system  has  been 
abandoned  in  one  of  the  two  state  penitentiaries  and  many  of 
the  county  prisons.     At  the  present  time  there  is  but  one  state 
prison  managed  on  the  cellular  system — the  Eastern  Peniten- 
tiary at  Philadelphia — which  contained  on  May  1,  1872,  but 
695  convicts,  out  of  an  estimated  total  of  16,500  convicts  of 
the  same  grade  in  the  whole  United  States.     That  is  to  say, 
less  than  4  per  cent,  of  the  long-sentenced  convicts  of  the 
whole  country  are  now  confined  in  cellular  prisons ;  the  other 
96  per  cent,  being  confined  in  congregate  prisons,  managed 
more  or  less  strictly  on  the  Auburn  plan.     Of  the  county,  dds- 
trict,  and  city  prisons,  containing  persons  waiting  trial,  and 
convicts  sentenced  for  minor  offences,  the  proportdon  managed 
on  the  cellular  system  is  still  smaller.    The  State  of  Pennsyl- 


UNITED  STATES.  255 


yania  alone  has  any  cellular  prison  of  this  grade,  and  the 
ntiniber  of  their  inmates  on  May  1,  1872,  did  not  probably 
exceed  750;  while  in  the  rest  of  Pennsylvania,  and  in  the  otlier 
States  and  Territories,  the  number  of  prisoners  of  the  minor 
grades,  exclusive  of  juvenile  delinquents  in  reformatories,  was 
probably  between  20,000  and  25,000  on  May  1,  1872.  This 
would  give  less  than  S^  per  cent,  of  the  whole  number  confined 
in  cellular  prisons,  and  this  percentage,  say  one-thirtieth  of 
all,  probably  would  hold  good  for  the  number  of  prisoners  of 
all  grades  in  the  United  States  conlined  in  cellular  prisons ; 
the  estimated  whole  number  in  confinement  on  May  1  being 
not  less  than  38,500,  or  a  little  less  than  one  prisoner  to  every 
1,000  inhabitants  of  the  whole  United  States. 

It  is  evident,  therefore,  that  the  system  of  association,  as 
opposed  to  the  Pennsylvania  cellular  system,  prevails  in  the 
United  States ;  the  relative  propoi*tion  of  prisoners  under  the 
two  systems  being  as  96*5  to  8*5  in  every  hundred.     In  regard 
to  the  classification  of  prisoners  in  other  resi)ects,  the  broad 
distinctions  are  those  named  above — state  prisons  and  county 
prisons.     States  or  commonwealths  are  the  federal  units  of  the 
American  republic,  and  of  these  there  are  •]7 ;  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  may  be,  a 
county  prison,  and  in  some  of  them  there  are  two,  three,  or 
four.    In  the  37  States  there  are  now  3i)  state  prisons  and  two 
state  workhouses ;    the  latter  in  Massachusetts   and  Ehode 
Island.     In  two  States,  Florida  and  Delaware,  there  are  as  yet 
no  state  prisons ;  in  Pennsylvania  and  Indiana  there  are  two 
each,  and  in  New  York  there  arc  three  state  prisons.    Reckon- 
ing about  40  state  prisons  in  all,  the  average  number  of  their 
inmates,  for  the  last  year  or  two,  has  probably  been  about 
16,000 ;  but  for  the  last  year  the  number  has  been  increasing. 
Of  this  average  number,  the  State  of  Now  York  has  furnished 
about  2,700  in  its  three  great  prisons  ;  Illinois  l,fJ00  in  its  one 
j>rison ;  Ohio  a  little  more  than  1,000 ;  Pennsylvania  a  little 
less  than  1,000  ;  Massachusetts  (including  the  workhouse  con- 
victs) nearly  900 ;  California  almost  800  ;  and  Missouri  nearly 
900  ;  BO  tiiat  these  seven  States  supply  about  half  of  the  con- 
victs of  the  higher  grades  of  crime.    The  same  is  true  of  the 
ixunates  of  the  city^  county,  and  district  prisons  of  all  grades. 


co-pmo^  o^  ^^^'■ 


coSPltlo^"'^  V.MV  nearly  10,000, 

^''  Stat^B  average  no.  P'^<'^^22^'    These 

out  of  a  ^^'     ., -Qg  more  than  ^        -_actly  corop^*^ '     . 
--^"  "Vetul'  prisons  «J^Je  :Uer  of  ^.e  --^ 
average  m  tbe  ^^^g  ^^  if  Ipss  the  average  of  tue 

fa<.tbeingt^at»r,J  States,  TU«ch  less  t  ^.^  ^^ns 

prisons  in  the  TJtx^^      ^^,,  of  the  ^^^^^^      ^^  pnsons 
?       <-^«  •  nor  w  tbe  inmates,     i""      orisons— »re 

inmates,  ^  the  average  of  th^i^  ^^,  county  ^"^^3, 

Vnowti,  ^^^  ^^  ,   4.«rppn  the  sta^®  **^  These  lotir  cu» 

!!mtemvediate  between  ^^^  ^--^    "^i  stat«  prisons, 

fe.  in  --j^^r'na  city),  co-ty,  a^t,^a  SUt«s,  except 

municipal  (^o^^ /'^^  confinement  m  the 

^clnde  all  places  ot  ^^^  ^ 

fofLenile  offenaers.  ^^^^,,,  ,ten  ^«  ^^.e^ent  ^a« 

'"i  all  these  pr-ons,  ^  ^^^^^  ^^^^    o^^     ^^^ 
taken  (3-ne  J' ^»f  ^^^wn  to  have  ^^^  ^^,  summer-^^en_ 
^208,  hut  thxs  «  T^«  ,f  the  yea      th  ^^  35,000,  and^ 

nxinher,  even  at  that  ^^,  riVrose  to  more  tiia*-^ 

^Ue  fewest  person^^«%eax  it  no  a.uU^     ^^  ^^        1^^ 

in  the  wint^^  of  the         ^^^^^^  ^^^^^  ^veW  ^^"^^'.^^ 
^000,  with  an  ave^g  ^^^e  to  be  the  ^  ^^^  nuTnbe*-:^ 

■  38  000.    If  -;  'ZK^l,  and  16,000  to  ^  the     ^^^  ^^  ^ 

Ufinement  d^-g^«^^^  ^itber  ^mg  f-^^^^^  ^2,000  ^ 
of  state  pr««^^^Jl  that  8,000  of  the  re  ^^^000),  «r--« 

T^erhaps  even  ba«  .  ^  ^^  sentence ,  counties  a»--- 

tu  i-  S-^  :nSnce  in  the  minjr  pns^s  ^  ^^^^  ^ 

14,000  are  «^^^^;;,,  ^^  less  cnnnnahty 

aistricts,  for  offence  ^^^^^  prisoners 

the  state  prisons.  .      ^ity,  age,  &c.,  ^^  ^  ^tiu^ 

Is  for  the  sex,  ^^^^^   ^^eral  statements,  we  ^^^^^^ 

.e^onfine  o-^- Jo^S  more  t^an  --;- .i^n  of  t. - 

bo-asi-Seta«  the  averagej-^^^etts,  where  t 


UNITED  STATES.  257 

state  prison,  at  the  same  date,  there  were  1,299  men  and  onl;^^ 
14  women,  scarcely  more  than  one  in  100.  In  the  gaols  and 
minor  prisons,  the  proportion  of  women  is  much  greater.  In  a^ 
period  of  ten  years— from  1862  to  1872 — the  Detroit  Houses 
of  Correction,  in  Michigan,  received  2,405  commitments  oC 
women,  in  a  total  of  8,744,  a  little  less  than  a  fourth  part  ;- 
while  in  the  Boston  House  of  Correction  more  than  a  third  •' 
part  are  women.  In  the  Boston  gaol,  however,  there  were  lesa 
than  500  women  committed  out  of  a  total  of  more  than  4,400* 

The  nationality  of  the  prisoners  is  more  difficult  to  deter- 
mine ;  but  in  the  Northern  and  Western  Sjjates,  a  majority  of*^ 
them  are  of  recent  foreign  origin,  chiefly  Irish  and  Glerman 
immigrants,  or  their  children ;  while  in  the  Southern  States  w 
great  majority  of  the  prisoners  are  of  the  African  race.  ThuSy 
in  Massachusetts,  where  the  statistics  concerning  prisoners  of* 
all  classes  are  more  carefully  tabulated  than  in  any  other  por- 
tion of  the  country,  less  than  a  third  part  of  the  ten  or  eleven' 
thousand  persons  annually  committed  to  prison  are  the  chil- 
dren of  American-born  parents,  and  more  than  -three-fifths  oS 
all  are  returned  as  foreign-bom.  It  is  probable  that  this  pro- 
portion is  exaggerated  in  the  returns,  including  some  that  are 
of  foreign  parentage  rather  than  of  foreign  birth ;  but  there  is- 
no  reason  to  doubt  that  in  Massachusetts  and  in  New  Englanii' 
generally,  at  least  two-thirds  of  all  the  prisoners  are  of  foreign 
parentage,  and  more  than  half  of  Irish  extraction.  In  the** 
great  State  of  New  York  the  same  thing  is  true ;  in  Pennsyl- 
vania the  proportion  of  prisoners  of  foreign  parentage  is  lessry 
but  still  very  large ;  and  although  Ireland  furnishes  more  of?' 
them  than  any  other  European  country,  Germany  comes  next 
in  order.  Thus,  of  the  foreign-lom  convicts  in  the  two  state* 
prisons  of  Pennsylvania,  who  make  about  one-fourth  of  the. 
whole  number,  Ireland  furnished  nearly  one-half,  and  Germany^ 
ahnost  a  third  part.  In  these  two  prisons  there  were  received 
in  the  forty-four  years,  from  1827  to  the  end  of  1870,  10,77& 
convicts,  of  whom  2,716,  or  25'2  per  cent,  were  foreign-6o»7&  ;- 
and  no  doubt  as  many  more  were  of  foreign  parentage.  Among 
8,744  convicts,  sentenced  to  Mr.  Brockway's  House  of  Correc- 
tion, in  Detroit,  Michigan,  in  the  ten  years  ending  December 
81,  1871,  no  less  than  4,456  are  set  down  as  foreign-ior^y, 
more  than  50  per  cent,  of  the  whole  number.    Of  these,  2,71  w^ 

8 


•258  CONDITION  OF  PRISONS. 

were  born  in  Ireland,  916  in  the  Canadian  Frovinces,  458 
England  and  Wales,  453  in   Germany,  270  in  Scotland,  < 
in  France,  and   141  in  other  foreign  countries.     If  those 
foreign  parentagey  bom  in  the  United  States,  were  added  to  ti 
foreign-bom,  they  would  make  three-fomths  of  the  whole  nui 
ber,  probably ;  and  at  least  half  of  the  8,744  must  have  been 
British  and  Irish  parentage.     The  proportion  of  foreigners 
the  higher  prisons  is  less,  however,  than  in  the  city,  couni 
and  district  prisons ;   although  certain  high  crimes,  such 
burglary,  are  generally  the  work  of  criminals  of  foreign  bir 
or  parentage. 

In  the  sixteen  States  which  formerly  held  slaves,  and 
which  the  coloured  race  is  found  in  great  numbers,  the  propo 
tion  of  coloured  prisoners  tax  exceeds  that  of  the  foreigneis 
of  the  white  prisoners  in  general.  Thus  in  the  Maryland  sta 
prison,  on  May  1,  1872,  there  were  676  convicts,  of  whom  4' 
were  coloured,  and  only  202  white,  although  the  white  i 
habitants  of  the  State  exceed  the  coloured  in  the  proportion 
more  than  three  to  one.  In  the  Kentucky  state  prison,  at  t 
same  date,  308  convicts  out  of  608  were  coloured ;  the  numbc 
of  white  and  coloured  inhabitants  of  the  State,  by  the  census 
1870,  being  respectively  1,098,692  and  222,210,  or  nearly  fi 
to  one. 

In  Maryland,  out  of  669  convicts,  whose  nationality  is  give 
only  63  are  reported  as  foreign-bom ;  this,  however,  is  nearly 
third  part  of  all  the  whites  in  the  list.  In  Alabama,  amo: 
360  convicts,  282  were  coloured,  and  only  15  were  of  foreij 
birth.  In  the  Mississippi  state  prison,  out  of  360  convicts 
1870,  273  were  coloured,  and  only  87  white,  the  population 
the  State  being  more  equally  divided  between  the  two  rao< 
In  the  North  Carolina  state  prison,  among  389  convicts,  oi 
87  are  white,  while  302  are  coloured.  Probably,  two-thirds 
all  the  prisoners  in  the  former  slaveholding  States  are,  at  tl 
moment,  coloured  men  and  women,  aJthou^  the  white  popn 
tion  is  to  the  coloured  in  those  sixteen  States  (Alaboc 
Arkansas,  Delaware,  Florida,  Georgia,  Kentucky,  Xiouisiai: 
Maryland,  Mississippi,  Missouri,  North  Carolina^  South  Cm 
Una,  Tennessee,  Texas,  Virginia,  and  West  Virginia)  near 
as  two  to  one.  And  on  the  whole  it  may  be  said  that  tl 
^^000>000  cdonred  inhabitants  of  the  United  States,  and  -& 


UNITED  STATES.  259 

11,000,000  of  recent  immigrants  and  their  descendants  within 
Hie  last  forty  years,  who  together  make  up  but  two- fifths  of 
our  whole  population,  supply  not  less  than  two-thirds,  and  pro- 
bably three-fourths,  of  the  prison  population  of  the  United 
States. 

The  age  of  this  prison  population,  which  at  any  one  time 
has  been  taken  as  38,000,  but  which  includes,  perhaps,  250,000 
persons  that  have  been  in  prison  for  longer  or  shorter  periods, 
does  not  vary  very  much  in  the  different  States.  They  are 
generally  young  men  and  women,  their  average  dge  rarely 
exceeding  30  years  in  any  part  of  the  country,  and  generally 
being  not  much  over  25  years.  The  8,744  convicts  at  Detroit 
in  ten  years  averaged  nearly  35  years  old ;  but  excluding  the 
2,247  recommitments,  the  ago  at  first  imprisonment  would  not 
have  exceeded  25  years  probably.  Out  of  7,092  convicts  re- 
ceived at  the  Eastern  Penitentiary  of  Pennsylvania,  in  48 
years,  4,685,  or  6G  per  cent.,  were  less  than  30  years  old ;  and 
if  we  exclude  the  558  reconvictions,  and  consider  only  the 
6,416  convicts  actually  received  at  the  Eastern  Penitentiary,  it 
is  probable  that  their  average  age  would  not  exceed  28  years, 
while  70  per  cent,  of  them  would  be  found  to  have  entered 
under  30  years  old.  Indeed,  the  average  age  of  the  reconvicted 
prisoners  admitted  there  in  1871  was  less  than  29  years.  Of 
669  convicts  in  the  Maryland  state  prison,  the  average  age  was 
about  27  years,  and  350  of  them,  or  nioi*e  than  half,  were 
under  25  years.  Of  303  convicts  in  the  Kansas  state  prison, 
196,  or  nearly  two-thirds,  were  less  than  25  years  old,  and  the 
average  age  of  all  did  not  exceed  that.  Of  203  convicts 
received  in  the  Michigan  state  prison  in  1871,  97  were  25  years 
or  under,  and  the  average  age  was  28i  years.  In  the  Alabama 
state  prison  in  1870,  out  of  360  convicts,  259,  or  nearly  three- 
fourths,  were  under  30  years  old,  and  the  average  age  did  not 
much  exceed  25  years.  These  examples  will  be  sufficient  to 
show  the  condition  of  our  prison  population  in  respect  to  age. 

The  statistics  of  illiteracy  will  be  given  in  another  place. 
But,  for  convenience,  it  may  here  be  said  that  not  more  than 
6,000  of  our  88,000  prisoners  now  in  confinement  are  women ; 
that  6,000  or  more  are  of  the  coloured  race,  and  that  probably 
20,000  are  of  foreign  parentage ;  that  nearly  20,000  are  wholly 

82 


260  CONDiriOX  OF  PRISONS. 

illiterate ;  and  that  more  than  25,000  are  less  than  30  years^ 
old. 

2.  General  Adminuiration. — It  has  already  been  remarked 
that  the  national  Government  takes  no  share  in  directing  the 
prison-system  of  the  United  States.  Each  of  the  37  States 
manages  its  own  prisons ;  and  although  there  are  a  few  prisons 
under  national  control  in  the  Territories,  the  majority  of  con- 
victs there  are  placed  in  some  of  the  prisons  of  the  States.. 
For  example,  the  Albany  Penitentiary  in  New  York,  and  the 
Detroit  House  of  Correction,  in  Michigan,  which  are  both  dis- 
trict prisons,  receive  convicts  from  the  United  States  courts  in 
the  Territories.  Convicts  sentenced  in  the  national  courts  of 
any  State  generally  serve  out  their  sentence  in  the  state  prisons 
of  that  State,  under  the  direction  of  local  officials  controlled  by 
state  laws. 

In  the  individual  States  also  there  is,  generally  speaking,  no^ 
central  authority  governing  all  the  prisons  of  a  State,  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  regulate  their  management  or  appoint  their  officers. 
Such  bureaux  exist,  under  the  name  of  boards  of  charities,  in 
Pennsylvania,  Ohio,  Michigan,  Illinois,  Wisconsin,  and  Missouri;, 
and  similar  boards  in  Massachusetts,  Ehode  Island,  and  North 
Carolina  take  some  part  in  prison  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  imdcr  the 
control  of  another  board,  known  as  the  Inspectors  of  State 
Prisons ;  while  a  private  society  with  public  duties,  the  New 
York  Prison  Association,  of  which  Dr.  Wines '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  authority '  over  all  the  prisons  of  a 
State  is  known  to  exist  anywhere  in  the  Union ;  but  wherever 
there  is  the  nearest  approach  to  tliis,  the  results  are  the  most 
satisfactory.  Without  it,  there  is,  at  best,  a  great  laok  of 
method  and  of  the  highest  prison  discipline ;  and  oftentimes 
gross  abuses  prevail  in  many  of  the  local  prisons.  These  have- 
been  revealed,  to  some  extent,  in  official  reports  within  the  past 


UNITED  STATES.  261 

■:five  years ;  notably  in  New  York,  Pennsylvania,  Ohio,  Michigan, 
Illinois,  and  Wisconsin ;  and  were  a  searching  investigation  to 
1)6  made  in  Massachusetts,  no  doubt  such  would  be  revealed 
there.  As  a  rule,  each  city  and  county  manages  its  own  prison, 
and  where  a  city  or  county  has  seveiul  prisons,  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  we  find  in  any  State  a  prison  exceptionally  well 
managed,  like  the  Albany  Penitentiary,  under  the  management 
-of  General  Pilsbury  and  the  Detroit  House  of  Correction,  under 
that  of  Mr.  Brockway,  in  Michigan,  it  by  no  means  follows  that 
the  other  prisons  will  be  good ;  and  it  may  happen  that  a  spirit 
-of  envy  or  jealousy  will  prevent  the  managers  of  one  prison 
from  adopting  the  improved  system  which  has  been  introduced 
at  another  prison.     The  chief  defects  of  this  disorganized  con- 
edition  of  prison  management  spring,  however,  from  a  mutual 
ignorance  of  the  condition  and  working  of  prisons  that  should 
co-operate  with  each  other ;  and  one  great  advantage  derived 
from  the  meeting  of  the  Cincinnati  Prison  Congress  was  a 
better  acquaintance  of  prison  managers  with  one  another,  and 
a  wider  knowledge  gained  by  them  of  the  prisons  in  their  own 
and  in  other  States.     There  is  no  better  illustration,  probably, 
of  the  whimsical  lack  of  all  proper   centralisation  of  prison 
authority  in  the  United  States,  than  the  present  condition  of  the 
laws  and  their  administration,  as  regai'ds  prison  inspection  and 
management,  in  Massachusetts — the  State  which  is  often  con- 
sidered, and  certainly  considers  itself,  as  foremost  in  prison 
discipline,  not  only  in  America,  but  in  the  whole  world.     In 
some  respects,  no  doubt,  Massachusetts   holds   an   advanced 
I>osition,   but  whether  this   is  true  of  her  system  of  prison 
management  may  be  judged  from  the  facts  now  to  be  stated. 
Within  her  borders  are  three  distinct  classes  of  prisons — those 
-of  the  State,  of  the  fourteen  counties,  and  of  the  cities  and 
towns.     There  are  two  state  prisons,  viz.,  at  Charlestown,  near 
Boston,  and  at  Bridge  water,  not  far  from   Plymouth,  wholly 
distinct  in  their  management,  exce])t  that  the  Board  of  State 
Charities,  which  has  the  power  of  discharge  at  Bridgewater, 
has  the  general  insj^ection  of  both,  but  with  no  authority  to 
appoint  ofiEicers  or  to  establish  imles  in  either.     The  Governor 


262  CONDITION  OF  PRISONS. 

and  Council  of  the  State  have  also  general  powers  of  inspection^ 
and  can  pardon  convicts  in  the  Charlcstown  prison,  as  well  as 
appoint  the  chief  officers  of  both  state  prisons.     But,  besides 
these  two  boards  of  inspection,  there  is  also  a  board  of  inspec- 
tors for  Charlestown,  and  another  for  Bridgewater,  quite  inde- 
pendent of  each  other ;  and  these  two  boards,  in  concert  with 
the  warden  or  master  of  either  prison,  manage  all  the  details  of 
its  affairs,  and  report  both  to  the  Governor  of  the  State  and  to 
the  Board  of  State  Charities.     There  is  a  i)rison  commission 
also,  which  has  no  duties  concerning  the  Charlestown  prison, 
but  which  may  visit  and  inspect  the  other ;  there  is  an  '  ad- 
visory board '  of  ladies,  to  assist  the  prison  commission ;  ami, 
finally,  there  is  every  year  a  j)rison  committee  of  the  State 
Legislature,  which  visits  and  repoiis  upon  both  state  prisons, 
but  has  no  power  to  do  anything  further.     Thus  there  are  seven 
distinct  commissions  to  look  after  these  two  prisons,  including 
in  all  no  less  than  th  irty-sevcn  official  persons,  all  more  or  less 
charged  with  the  duty  of  inspection,  but  without  any  practical 
co-operation  with,  or  subordination  to,  each  other.    Then  there 
are  fourteen  counties  in  the  State,  each  containing  one  gaol, 
and  several  containing  two  or  three  each,  which  are  under  the 
control  of  the  county  sheriffs,  chosen  by  the  people,  for  terms 
of  three  years,  and  of  a  board  of  commissioners  in  each  coimty 
chosen  in  the  same  way.     But  in  the  largest  county  (Suffolk) , 
and  the  smallest  (Nantucket),  there  are  no  county  commis- 
sioners ;  the  municipal  governments  of  Boston  and  of  Nantucket 
Town  taking  their  place.     These  gaols  are  also  inspected  by  the 
Board  ot  Charities  (when  it  chooses)  and  by  the  Prison  Com- 
mission, the  Advisory  Board,  and  the  Prison  Committee  of  the 
Legislature ;  and  may  be  inspected  by  the  Governor,  who  has 
power  to  remove  the  county  sheriffs.     There  are  nineteen  of 
these  gaols,  each  controlled  and  inspected  by  six  different  boards, 
including  in  all  about  seventy-five  official  persons.     Then  there 
are  fifteen  other  county  prisons  for  convicts,  called  houses  of 
correction,  thirteen  of  which  are  managed  by  the  county  com- 
missioners   above-mentioned ;     one    by    the    ^  selectmen '    of 
Nantucket  Town ;   and  one,  the  largest  of  all,  by  a  Boston 
board,  called  the  Directors  of  Public  Listitutions  of  the  City  of 
Boston,  which  also  has  under  its  control  another  great  Boston 
prison,  known  as  the  House  of  Lidustry.     In  each  county  the 


UNITED  STATES.  263- 

oommissioners  appoint  another  board,  called  Overseers  of  the 
House  of  Correction,  who  are  to  inspect  those  prisons  and  have 
some  control  of  their  management ;  these  number  in  all  about 
forty,  and  the  Boston  board  has  twelve  members,  thus  adding 
some  fifty  non-official  persons  to  the  long  list.  All  the  houses 
of  correction  may  be  visited  and  inspected  by  the  Board  of 
Charities,  the  Prison  Commission,  the  Advisory  Board,  and  the 
Prison  Committee,  as  well  as  each  by  its  own  overseers  and 
commissioners,  or  directors,  and  by  the  Governor  and  Council, 
who  have  the  pardoning  ^wwer  jointly  with  the  overseers ;  so 
that  there  are  eight  distinct  boards,  comprising  about  one  hundred 
and  twenty  persons  for  these  fifteen  prisons.  The  Boston  House 
of  Industry,  however,  is  exempt  from  all  inspection  save  by  its 
own  directors  and  the  Prison  Committee  of  the  Legislature. 
Next  come  the  city  and  town  guard-houses,  or  police-stations, 
of  which,  perhaps,  there  are  120  in  the  whole  State,  under  the 
charge  of  the  municipal  governments,  and  rarely  inspected  by 
anybody  else.  The  managers  of  these  small  prisons  probably 
number  about  300,  and  are  annually  elected  by  the  people. 
Finally,  there  are  the  city  and  town  workhouses,  largo  and 
small,  numbering,  perhaps,  a  dozen  in  all,  and  managed  by  a 
few  of  the  same  300  municipal  officers.  In  all,  we  may  count 
up  for  the  Massachusetts  prisons  not  less  than  350  diflferent 
ofBcial  persons  concerned  in  their  management  and  inspection ; 
the  number  of  prisoners  in  them  all  never  exceeding  3,500  at 
any  one  time. 

From  this  we  might  infer  that  the  Massachusetts  prisons  were 
thoroughly  inspected,  however  i)erplexiiig  might  be  the  system 
under  which  it  was  done.  But,  in  fact,  there  is  no  municipal 
inspector  who  hafi  been  in  all  the  municipal  prisons  ;  no  county 
inspector  who  has  been  in  all  the  county  prisons ;  few  state 
inspectors  who  have  been  in  all  the  county  prisons  or  any  of 
the  municipal  ones ;  and  no  one  person  in  the  State  who  has 
ever  visited  half  of  the  prisons  it  contains.  Consequently,  there 
is  no  proper  knowledge  anywhere  of  the  relation  of  one  part 
of  the  prison  system  to  the  rest,  and  no  proper  system  at  all, 
bnt  only  a  confusion  of  laws,  rules,  boards,  and  details.  There 
are  wheels  in  plenty,  and  wheels  within  wheels,  more  than  the 
sacred  prophet  saw  in  his  vision ;  but  there  is  no  *  spirit  within 
the  wheels  *  by  which  they  are  regulated  and  made  to  move 


.264  CONDITION  OF  PKISONS. 

harmoniously.     Probably,  no  other  State  enjoys  so  complicated 
.  and  various  a  prison  system  as  Massachusetts,  in  which  are  as 
.  many  devices  and  contrivances  as  in  the  cabinet  where  the 
Abbe  Si^yes,  in  Burke's  famous  satire,  manufactured  constitu- 
tions for  France.     Unfortunately  these  devices,  however  inge- 
nious,   result    in    neutralising  responsibility,   deadening  the 
public  vigilance,  and  opening  the  door  to  culpable  neglect  and 
•to  petty  corruption.      The  instruction,   the  reformation,   the 
<liscipline,  and  even  the  life  of  poor  prisoners  may  be  sacrificed 
in  the  medley  and  delay  of  so  much  legal  machinery ;  for  each 
.  of  these  important  things,  like  Johnson's  hero,  is 

Condemned,  a  needy  suppliant,  to  wait 
Wliile  ladies  interpose  and  hoards  debate. 

In  connection  with  the  Massachusetts  prisons,  three  isolated 
facts  offer  themselves  to  the  recollection  of  the  present  writer, 
not  connected  by  any  necessary  chain  of  cause  and  effect  with 
the  system  just  described,  but  perhaps  illustrative  of  it.    During 
a  debate  concerning  one  phase  of  the  prison  question  in  the 
Massachusetts  Legislature,  on  the  6th  of  May  last,  a  Boston 
member,  who  had  probably  never  seen  the  inside  of  ten  among 
the  150  prisons  of  his  State,  remarked  complacently,  and  evi- 
dently with  the  approval  of  the  House,  that  ^  Massachusetts  had 
the  best  prison  system  in  the  world.'     A  few  wgeks  previous — 
.  in  consequence  of  the  acceptance  of  a  gift  by  the  highest  prison 
>  superintendent  in  the  State,  at  the  hands  of  a  contractor,  who 
•'  gave  it  for  the  manifest  purpose  of  securing  a  favourable  bargain 
for  himself  from  the  prison  government — the  last  touch  had 
been  given  to  this  perfect  system,  in  the  same  Legislature,  by 
the  passage  of  a  law  forbidding  any  jmson  officer  to   take 
bribes.     And  just  a  week  after  the  speech  above  cit^d,  that  is, 
on   May  18,  the  grandson  of  one  of  the  most  illustrious  states- 
men of  Massachusetts  in  former  years — a  youth  of  amiable 
character,  but  unfortunate  habits,  was  fatally  burned  in  a  Boston 
guard-house,  through  the  neglect  of  the  policeman  who  had 
locked  him  up  there,  alone  and  helpless,  and  in  the  midst  of 
CO  mbustible  materials.     Thus,  on  one  side  of  the  official  eulo- 
gist, is  corruption  in  the  chief  officer  of  the  highest  prison,  long 
imdetected  and  still  unpunished ;  while  on  the  other  side  is  a 
.  iorrible  casualty  in  the  lowest  prison,  of  which  official  negli- 


UNITED  STATES.  265 

gence  waa  the  direct  cause.     It  may  not  be  unjust  to  consider 

these  events  as  a  commentary  on  the  intricate  prison  system  of 

Massachusetts,  itself  the  successive  growth  of  many  years  spent 

in  trying  to  avoid  what  can  alone  govern  prisons  well — a  central, 

simple,  and  vigilant  method  of  control  and  inspection.     But  of 

such  a  method  there  is  no  example  in  a  single  State  of  the 

TJnion  as  yet  known  to  the  present  writer.     Perhaps  the  prison 

aidministration  of  the  small  and  populous  State  of  Bhode  Island 

oomes  nearest  to  this  ideal.     In  general,  the  results  of  prison 

discipline  depend  wholly  on  the  management  of  each  individual 

prison,  and  have  no  reference  at  all,  or  a  very  slight  one,  to  any 

comprehensive  system ;  for  none  such  exists  in  America. 

3.  Discipline. — Considering,  therefore,  each  prison  by  itself, 

it  becomes  impossible  to  give  a  single  definite  answer  to  the 

^juestions  asked  under  this  head.     There  are,  perhaps,  1,000 

"prisons  in  the  United  States  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 

is  found.     In  a  great  many,  nothing  is  sought  but  the  security 

of  the  prisoner  and  the  convenience  of  the  jn-ison-kceper ;  in 

many  others,  the  discij^line  is  '  intended  mainly  to  be  deterrent,' 

"but,  through  laxity  or  severity,  becomes  a  stimulus  to  crime : 

in  some  it  is  really  deten-ent  without  being  reforniatoiy  in  aim 

or  result ;  in  a  great  many  the  nominal  aim  is  refonnation,  but 

the  reasonable  means  thereto  are  neglected  ;  in  a  few  the  wise 

combination  of  doten-ent  and  reformatory  means  is  attempted, 

snd  succeeds  in  either  direction,  or  in  both,  according  to  the 

*kill,  opportunity,  and  perseverance  of  the  prison  government. 

■oat  the  great  majority  of  prisons  in  the  United  States  are,  in 

^^^•ct,  neither  deterrent  nor  reformatory  to  any  great  extent; 

^metimes  because  no  effort  is  made  to  comply  with  the  laws — 

^liich   almost   everywhere  require  in  terms  this  twofold  dis- 

^^pline,  though  they  do  not  often  furnish  suitable  means — and 

^^Xnetimes  because  the  best  agencies  are  not  employed  or  are 

^^^t  continued  persistently.    The  deterrent  agencies  are  solitude, 

*^ence,  hard  fare,  and  constant  labour ;  sometimes  also  severe 

P'^^nighments  are  employed.     The  reformatory  agencies  are  in- 

^^iTiction,  secular   and  religious,  industrial  training,  the  en- 

^tuugement  of  shortened  sentences  for  good  conduct,  etc.     By 

^me  of  these  means,  *  it  is  sought  to  plant  hope  in  the  breast 


266  CONDITION  OF  PRISONS. 

of  the  prisoner  and  keep  it  there/  and  to  these  are  added 
gratuities  for  work,  the  visits  of  philanthropic  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  Irish  convict  system,  has  little  place 
in  ours,  the  '  commutation  laws,'  by  which  sentences  are 
shortened  for  good  behaviour,  being  almost  the  only  feature 
of  the  Irish  system  much  in  use  here,  and  that  not  very 
systematically. 

Probably  punishments  are  more  relied  on  than  rewards  in 
governing  the  prisons ;  but  there  is  not  much  variety  of  either 
in  most  of  them.  Flogging  is  forbidden  by  law  or  usage  in  most 
of  the  States,  but  it  is  practised  in  some  prisons  where  it  is 
forbidden.  The  same  is  true  of  the  yoke,  the  shower-bath,  the 
iron  crown,  and  other  methods  of  torture.  Deprivation  of 
privileges,  solitary  imprisonment,  often  in  a  dark  cell,  and 
wearing  a  ball  and  chain,  are  the  most  common  punishments ; 
the  rewards  are  petty  privileges,  such  as  better  food,  the  use  oi 
tobacco,  a  light  in  the  cell,  etc. ;  gratuities  for  work  and  a 
shortening  of  the  sentence  for  good  conduct.  There  is  no  exaci 
mark  system,  so  far  as  is  known,  in  any  American  prison,  bui 
there  may  be  examples  not  yet  ma^de  public. 

4.  Religions  and  Moral  Agencies. — Nearly  all  prisons  thai 
average  fifty  inmates  employ  a  chaplain  and  hold  weekly  reli- 
gious services ;  the  Bible  and  a  few  religious  books  ai'e  almosi 
always  supplied ;  and  in  many  of  the  prisons  there  are  Sunda) 
schools,  prayer-meetings,  and  the  labour  of  volunteer  visitors 
Many  prisons,  however,  exclude  volunteers,  unless  belonging  tc 
some  recognised  church  or  other  organization  ;  and  in  some  th( 
labours  of  a  chaplain  are  regarded  as  useless.  Nothing  is  mor( 
difficult  to  estimate  than  the  results  of  work  of  this  kind  ;  bu 
it  is  to  be  feared  that  neither  the  gifts  nor  the  perseverance  o 
the  chaplains  and  visitors  are  often  equal  to  the  arduous  worl 
of  imparting  religious  and  moral  instruction  to  prisoners.  Ye 
there  are  striking  exceptions  to  this  remark. 

5.  Secular  Instruciion. — The  general  condition  of  Americai 
prisoners,  in  point  of  education,  is  low,  yet  they  are  not  s< 
extremely  illiterate  as  criminals  are  in  many  countries,  if  w 
except  the  coloured  criminals  of  the  South.  In  Massachusette 
for  a  period  of  eight  years  past,  the  statistics  show  very  nearl; 


UNITED  statp:s.  267 

one-third  of  all  prisoners  to  be  wholly  illiterate ;  yet  in  the 
highest  prison,  at  Charlestown,  the  jDroportion  of  illiterate  con- 
yicts  since  the  beginning  of  18G4  has  been  scarcely  more  than 
one  in  ten.     In  the  Philadelphia  prison  (Eastern  Penitentiary), 
out  of  7,092  prisoners  received  between  1820  and  1872,  just 
about  one-fifth  (1,418)  were  wholly  illiterate,  and  almost  a  sixth 
more  (1,124)  could  only  read.     In  the  Western  Penitontiar}-  of 
Pennsylvania,   at  Pittsburg,   the  j^roportion  of  illiterate  con  - 
victs  is  less  (42  in  375,  or  one-ninth),  while  those  who  can  read 
only  is  also  less  (47  in  375,  or  one-eighth).     In  the  county 
prisons  of  Pennsylvania  no  doubt  more  than  a  third  of  the 
prisoners  are  illiterate ;  and  the  same  is  true  of  Now  York ;  but 
in  the  large  Western   States  of  Ohio,  Illinois,  Michigan,  and 
Wisconsin,  the  proportion  of  tlie  illiterate  is  smaller,  and  pro- 
bably  does   not  exceed  one-fourth.      Out   of  8,744    convicts 
received   by  Mr.    Brockway  in  Michigan,   2,100  were  wholly 
illiterate  ;  but  in  the  Michigan  state  prison,  only  42  out  of  35(5, 
or  less  than  one-eighth,  were  wholly  illiterate,  though  only  28G, 
or  three-fourths,  could  both  read  and  write.     In  the  Iowa  state 
prisons  34  out  of  21G  could  neither  read  nor  write;  in  the 
£ansas  state  prison  61  out  of  303,  while  42  more  could  read 
indifferently  but  not  write.     In  California  220  convicts  in  the 
state  prison  out  of  732  (nearly  one-third)  were  illitei-ate.     But 
when  we  look  at  the  late  slaveholding  States,  the  proportion  of 
illiteracy  greatly  increases.     Of  009  convicts  in  Maryland,  394, 
Or  nearly  three-fifths,  could  neither  read  nor  write  ;  of  389  in 
^orth  Carolina,  204,  or  more  than  two-thirds,  can  neither  read 
Xior  write ;  in  tlie  other  fourteen  Southern  States  the  propor- 
't;ion  is  probably  about  the  same.     Practically,  then,  two-thirds 
^f  the  prisoners  in  these  sixteen  States  are  illiterate,  while  in  the 
^^st  of  the  Union  something  more  than  one-third  are  so,  pro- 
\Dably  ;  so  that  about  half  the  38,000  prisoners  now  in  confine- 
%ient  are  practically  without  education.     The  women  in  prison 
^le  not  so  well  educated  as  the  men,  and  the  short-sentenced 
^donvicts,  as  a  rule,  not  so  intelligent  as  those  sent  to  higher 
'prisons. 

The  provision  made  for  the  mental  improvement  of  prisonei-s 

is  tmdoubtedly  better  now  in  most  of  the  States  than  it  was  a 

few  years  ago.     Public  attention  has  been  drawn  to  the  subject, 

and  in  a  few  prisons  not  only  libraries  and  schools,  but  lectures 


268  CONDITION  OF  PRISONS. 

have  been  established,  with  a  view  to  the  general  education  of 
the  convicts,  and  to  aid  in  their  reformation.  The  best  instance 
of  this  prison  instruction  in  the  United  States  is  probably 
found  in  the  Detroit  House  of  Correction,  where  a  school  system 
was  established  in  1869,  when  the  number  of  convicts  was  about 
360  ;  on  May  1,  1872,  it  was  402,  of  whom  296  were  men  and 
106  women.  During  the  year  1871  the  average  number  of  con- 
victs in  the  prison  was  885,  in  school  219,  or  nearly  two-thirds 
of  the  whole  number.  Of  this  average  (219),  141  were  men 
and  78  women,  the  schools  being  separate.  In  his  last  repoi-t, 
Mr.  Brockway  says  : — 

This  systom  was  introduced  among  the  prisoners  to  aid  their  refor- 
mation, and  is  now  conducted  for  this  purpose  ;  not  so  much  to  relieve 
the  monotony  of  imprisonment  and  to  impart  the  ability  to  read, 
write,  and  cipher,  for  the  convenience  of  these  accomplishments,  as  to 
discipline  the  mind  and  fit  it  to  receive  and  to  evolve  in  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  arc  two  and  one-half  hours  each,  on  two  evenings  every  week, 
and  are  for  recitations  chiefly.  The  writing  school  is  also  held  on  two 
ovenings  each  week  for  both  men  and  women,  and  the  men's  writing 
olass  is  followed  each  evening  with  a  normal  or  teacher's  class,  iu 
preparation  for  the  general  school.  The  women  associate  a  singing 
<jxercise  with  their  writing  class  on  .each  evening.  All  prisoners  who 
attend  school  are  supplied  with  a  light  in  their  cell,  for  study,  and  all 
draw  books  from  the  library.  Every  Saturday,  at  five  o'clock,  all 
the  prisoners  in  the  institution  (numbering  now  440)  assemble  in  the 
chapel  to  listen  to  a  lecture.  This  is  the  crowning  feature  of  our 
educational  effort.  During  1871  we  had  forty-six  lectures — carefully 
prepared,  well-dehvered  lectures — many  of  which  have  been  delivered 
to  first-class  audiences  of  citizens,  and  which  were  worthy  of  a  place 
in  any  lyceum  course. 

The  teachers  give  these  details  : — 

I'he  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  gn^ater 
interest  in  wliat  must  occupy  them  for  some  time,  but  because  they 
have  more  force  of  character,  more  decisiveness.  Some  of  the  worst 
men,  morally,  have  made  the  best  teachers. 


UNITED  STATES.  269 

Erom  the  monthly  record  of  progress  which  has  been  kept,  it 
Appears  that  the  work  done  by  the  several  classes  in  arithmetic,  which 
lias  been  the  subject  in  reference  to  which  chiefly  the  scrhool  1ms  been 
{graded,  has  averaged  as  much  as  that  whicli  is  usually  done  by  three 
classes  of  corresponding  rank  in  our  public  schools.  In  other  words, 
a  year  and  a  halfs  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.  Lave  been  listened  to  with  attention  and  entered 
upon  with  avidity. 

There  is  evidence  on  every  hand  that  the  school  has  furnished  the 
themes  on  which  much  thought  has  been  bestowed  in  the  workshop 
and  in  the  cell. 

The  pleasure  in  the  work  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  think  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-pri- 
soners a  little  in  advance  of  themselves,  would  in  main  studies  make 
-  two  or  three  times  the  progress  which  the  pupils  in  our  public  schools^ 
make  under  the  most  favoui*able  circumstances  ;  and  yet  such  has  been 
oar  constant  experience. 

Three  years  ago  the  women's  school  had  but  one  teacher.  There 
were  none  among  the  prisoners  competent  to  assist  in  the  work  of 
teaching. 

There  are  at  this  date  seven  regular  assistants  teaching  quite 
SQccessfally.  They  have  been  educated  for  it  in  the  school ;  and  while 
they  are  teaching  others  they  receive  also  practical  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  exami- 
nations and  reports  is  in  operation,  which  not  only  tests  the  progress 
of  the  pupils,  but  measures  the  success  of  the  teachers  also.  Hence 
the  new  school  year  of  1872  opens  very  auspiciously. 

Mr.  Brockway  testifies  to  the  good  results  of  this  method  of 
education,  and  what  he  says  is  confirmed  by  many  experienced 
observers  who  have  visited  his  prison.  He  says,  among  other 
things — 

In  view  of  the  benefits  of  the  school  it  seems  incredible  that  I  could 
have  spent  more  than  twenty  years  in  the  management  of  prisonelrs^ 
and  never,  until  1868,  have  introduced  this  measure.     Let  me  urge  all 


270  CONDITION  OF  PRISONS. 

who  can  do  it  thoroughly  to  pnt  this  feature  into  their  management,  as 
indispensable  to  satisfactory  reformatory  results  ;  working  and  waiting 
for  such  changes  in  the  law  as  shall  enable  us  to  carry  the  education  of 
every  prisoner  we  receive  to  a  point  promotive  of  his  pecuniary  pros- 
perity, his  conscious  self-respect,  and  probity  of  deportment. 

It  will  be  long  before  anything  so  eoinpreliensive  as  Mr. 
Brockway  has  established  becomes  common  in  the  American 
prisons,  but  something  is  done  in  many  of  the  state  prisons. 
In  the  county  and  city  prisons,  little  or  nothing  is  attempted 
in  the  way  of  secular  instruction.  Not  a  dollar  is  appropriated 
or  expended  in  Massachusetts  for  the  instruction  of  the  2,228 
prisoners  now  confined  in  the  city  and  county  prisons,  nor  of 
the  299  convicts  in  the  state  workhouse  at  Bridgrewater.  In 
the  state  prison  at  Charlestown,  a  small  school  has  existed  for 
a  few  years,  but  it  accomplishes  little  in  the  way  of  instruction. 
There  is  an  ample  appropriation,  however,  and  it  is  hoped  that 
the  new  prison  government  will  put  the  school  on  a  better 
basis,  and  connect  the  office  of  prison  schoolmaster  with  that 
of  agent  for  discharged  convicts,  as  was  done  with  such  excel- 
lent results  in  the  case  of  the  late  Mr.  Organ,  of  Dublin,  the 
Irish  prison  schoolmaster.  In  most  of  the  state  prisons  of  the 
country,  the  library  and  the  schools  are  under  the  charge  of 
the  prison  chaplain,  who  sometimes  holds  a  night-school,  and 
sometimes  merely  a  Sunday-school,  at  which  reading  and 
writing  are  taught.  Day  or  night-schools  exist  in  the  three 
state  prisons  of  New  York,  in  those  of  Pennsylvania,  Ohio, 
Bhode  Island,  and  a  few  other  States.  Sunday-schools,  at 
which  secular  instruction  is  given,  exist  in  Michigan,  Iowa, 
Indiana.  Kansas,  and  many  other  States  ;  and,  probably,  of  the 
16,000  convicts  in  state  prisons  at  the  present  time,  from 
4,000  to  6,000  may  be  receiving  scanty  instruction  in  schools 
of  some  sort.  Of  the  estimated  22,000  prisoners  in  gaols,  dis- 
trict prisons,  houses  of  correction,  workhouses,  etc.,  it  is  safe 
to  say  that  not  more  than  3,000  are  receiving  any  secular  in- 
struction whatever.  We  have  already  seen  that  aboat  20,000 
of  the  38,000  prisoners  in  the  whole  country  are  practicallj 
illiteiate,  and  certainly  less  than  8,000  of  these  are  receiving 
instruction  in  the  prisons.  Such  a  condition  of  things  calls 
loudly  for  reformation,  and,  as  has  been  remarked,  the  number 
and  character  of  prison  schools  is  hopefully  improYing. 


UNITED  statp:s.  271 

6.  Prison  Labour. — The  distinction  so  common  in  English 
prisons  between  ponal  or  *  hard '  labour  and  Industrial  labour 
is  almost  obliterated  in  the  American  prisons.    The  term  *  hard 
labour '  is  still  found  in  our  laws,  but  almost  all  the  work  done 
under  these  sentences  is  industrial,  and,  in  many  of  our  pri- 
sons, pecuniarily  profitable  labour.     The  tread-mill,  the  crank, 
the  shot  drill,  and  other  forms  of  penal  labour  have  no  plaee  in 
the  prisons  of  the  United  States,  but  there  is  scarcely  any  kind 
of  industrial  labour  wliich  does  not  find  a  place  there.     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  esj^ecially  deal  with  work  in  wood,  leather,  and  the  metals, 
though  stone  work  is  also  done  on  a  large  scale  where  prisons 
are  building.     Tliis  was  formerly  so  common  an  occupation  for 
American  convicts,  that   *  hammering  stone'  became  a  cant 
term   for  imprisonment.      QuaiTpng    stone    for   sale   or   for 
making  quicklime  is  much  practised  in  the  great  prisons  of 
Joliet    (Illinois),  and   Sing-Sing   (New  York),  the  largest   in 
the  country.      At  the  Auburn  prison,  agricultural   tools  are 
extensively  manufactured  ;  in  the  Ohio  state  prison  many  con- 
Ticts  are  employed  as  saddlers,  wheelwrights,  and  blacksmiths  ; 
in  the  cellular  prison  at  Philadelphia  (the  Eastern  Peniten- 
tiary), the  employments,  being  pursued  in  the  cells,  are  mainly 
sedentary,  such  as  shoemaking,  weaving,  and  the  lighter  kinds 
of  wood-work ;  in  Massachusetts,  ornamental  iron-work,  brush- 
making,  shoemaking,  and  sewing  by  means  of  the  sewing- 
machine,  are   conmion   prison   employments.     In  the   Maine 
state  prison,  the  warden,  being  a  carriage-maker,  has  intro- 
duced that  branch  of  industry  ;  in  the  prison  of  Northern  New 
York,  at  Dannemora,  a  great  iron  mine  furnishes  ore,  wliich  is 
smelted,  forged,  and  wrought  into  nails  by  the  convicts ;  in  the 
Michigan  state  prison,  at  one  time,  tanning  leather  was  largely 
practised;  in  the  Detroit  House  of  Correction  chair-making 
lias  been  the  chief  industry.     In  fact,  there  is  scarcely  any 
mechanical  occupation  that  has  not  been  carried  on  in  some  of 
onr  prisons. 

In  general,  the  labour  of  the  convicts  is  hired  by  contractors 
at  a  fixed  sum  per  day,  and  this  varies  from  a  few  cents  to 


272  CONDITION  OF  PRISONS. 

sometliing  above  a  dollar  a  day ;  the  highest  contract  wages 
being  paid  at  the  Charlestown  prison.  In  a  few  of  the  prisons, 
perhaps  a  tenth  part  of  the  whole  number,  the  whole  prison 
labour  is  managed  by  the  prison  administration,  and  in  neariy 
all  some  part  of  the  labour  is  so  managed,  especially  where  the 
building  or  enlarging  of  the  prison  is  going  on.  There  are 
many  objections  to  the  contract  system  of  labour,  but  it  is 
found  in  general  to  be  less  expensive  to  the  Government  than 
the  management  of  prison  labour  by  the  officers.  In  large 
prisons  probably  it  is  indispensable,  but  in  prisons  of  less  than 
200  convicts  the  contract  system  can  safely  be  dispensed  with  ; 
and  Mr.  Brockway  can  dispense  with  it  in  his  prison  of  400 
convicts.  It  requires  unusual  skiU  and  business  capacity  in 
the  head  of  a  prison  to  manage  its  industries,  and  for  this 
reason  such  management  seldom  succeeds  for  any  long  time. 
On  the  other  hand,  the  contract  system  often  introduces  moral 
and  financial  corruption,  injures  discipline,  and  demoralises  the 
convicts.  For  these  reasons  it  should  be  given  up  where  it  is 
possible ;  but  in  prisons  of  600  convicts  and  upwards,  it  pro- 
bably is  not  possible  to  give  up  the  contract  system. 

A  few  years  ago  the  expenses  of  nearly  all  our  state  prisons 
exceeded  their  earnings ;  but  a  change  has  been  going  on  in 
this  respect,  and,  as  the  table  anneied  to  this  paper  will  show, 
there  is  now  a  fourth  part  of  them  that  earn  more  than  they 
expend.  Every  one  of  the  six  New  England  States  reports  a 
profit  from  its  state  prisons,  ranging  from  20,000  dols.  a  year 
in  Massachusetts  to  1,200  dols.  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 
dols.  With  a  smaller  number  of  convicts  than  this,  Ohio  shows 
an  excess  of  earnings  amounting  to  more  than  40,000  dols. 
Under  skilful  and  honest  management,  all  our  state  prison 
convicts  might  perhaps  earn  their  own  support,  and  30  dols.  a 
year  beside ;  but  two-thirds  of  them,  and  perhaps  three-fourths, 
fall  far  short  of  this.  In  the  Eastern  Penitentiary  of  Philadel- 
phia, with  about  600  convicts,  the  annual  deficit,  including 
officers'  salaries,  is  nearly  60,000  dols.,  or  100  dols.  for  each 
convict ;  in  the  three  great  prisons  of  New  York  it  averages 
more  than  50  dols.  for  each  convict ;  in  Maryland  it  is  about 
30  dols.  for  each  convict,  and  so  on.     In  the  county  and  dis- 


UNITED  STATES.  273^ 

trict  prisons  very  few  of  the  convicts  support  themselves  by 
their  labour ;  but  the  Boston  House  of  Correction,  the  Eochester 
Penitentiary,  the  Albany  Penitentiary,  and  the  Detroit  House 
of  Correction,  are  self-sustaining,  and  the  two  last-named  pri- 
sons earn  each  a  considerable  surplus  every  year.    The  net  cost 
of  supporting  all  the  prisons  above  their  earnings   must  be 
nearly  3,000,000  dols.  a  year  for  the  whole  country,  since  there  : 
are  88,000  prisoners,  and  the  average  cost  of  each  one  above  • 
his  earning  cannot  well  be  less  than  80  dols.    It  may  be  proper  • 
here  to  emphasise  what  has  just  been  said  in  regard  to  the 
superior  economy  of  prisons  of  moderate  size,  by  alluding  to 
the  experience  of  the  Charlestown  prison  in  Massachusetts,. 
fix>m  which  we  have  financial  returns  for  a  longer  period  than 
firom  any  other  prison  in  the  country.     During  the  fifty-six 
years  that  these  returns  cover,  this  prison  has   exhibited  a 
profit  above  its  expenses  in  eighteen  years ;  a  deficit  in  thirty- 
five  years;   and  in  the  three  remaining  years  a  balance   so 
small,  either  way,  as  to  leave  it  in  doubt  whether  its  expenses  . 
were  fully  met  by  its  earnings.     But  in  the  first  thirty  years, 
when  its  number  of  convicts  averaged  less   than   300,   the 
Charlestown  prison  had  an  aggregate  deficit,  during  the  whole 
period,  of  less  than  60,000  dols. ;  while  in  the  twenty-six  years 
since,  the  average  number  having  been  nearly  500  the  greater 
part  of  the  time,  the  aggregate  deficit  has  been  more  than 
120,000  dols.,  or  twice  as  much  as  when  the  prison  was  small. . 
Although  we  should  regard  the  revenue  derived  from  the  labour 
of  convicts  as  of  less  importance  than  their  judicious  treat- 
ment and  their  moral  improvement,  it  is  still  a  noteworthy  fact 
that  prisons  of  moderate  size  can  readily  be  made  self-sustain-  • 
ingy  while  the  larger  ones  cannot,  or,  at  least,  are  not.     At  the 
same  time,  all  the  infiuences  of  a  prison  of  less  than  500  con- 
victs are  more  favourable  to  the  reformation  of  its  iiiuiates  ^ 
than  the  circumstances  of  great  establishments  like  those  at 
Sing-Singy   Auburn,   Joliet,  and  Columbus,  and  it  generally 
would  be  better  policy  for  a  State  to  build  a  new  prison  when 
its  convicts  rise  above  an  average  of  500  in  number,  than  to 
enlarge  the  old  establishment;   unless,  indeed,  it  chooses  to 
adopt  some  method  of  conditional  pardon  by  which  the  in- 
crease in  numbers  may  be  kept  down. 

7.  Prifcm  Officers. — In  the  best  prisons  the  oflBcers  are  ap-  - 

T 


274  CONDITION  OF  PRISONS. 

pointed  during  good  behaviour,  and  often  keep  their  offices  five 
and  ten,  sometimes  twenty,  years^  They  are  appointed  in  the 
state  prisons  generally  by  the  Grovemor  of  the  State ;  at  least, 
the  head  of  the  prison,  the  chaplain,  physician,  &c.,  are  so 
appointed,  and  the  subordinates  are  named'  by  the  prison 
government.  In  the  city  and  county  prisons  the  mode  of 
appointment  is  various,  but  generally  the  head  of  the  prison  is 
either  chosen  directly  by  the  people,  as  the  sherifis  commonly 
are,  or  they  are  appointed  by  persons  chosen  by  the  people. 
In  such  cases,  and  in  many  of  the  state  prison  appointments, 
political  influence  is  a  great  element,  and  its  effect  is  almost 
always  bad.  The  average  qualifications  and  competency  of  the 
prison  officers,  except  as  lowered  by  political  influences,  is  as 
good  as  in  other  countries,  but  the  lack  of  a  good  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,  but  an 
experienced  and  veteran  superintendent,  such  as  General  Pils- 
bury,  of  Albany,  will,  in  course  of  time,  train  a  considerable 
number  of  good  officers.  Such  a  special  education  is  important, 
but  not  absolutely  essential  to  the  highest  efficiency  of  penal 
administration;  for  prison  management  is  quite  as  much  a 
natural  gift  as  an  acquirement. 

8.  Sanitary  Condition, — There  is  no  *  general  scale  of  prison 
dietaries '  in  the  United  States,  and  from  the  diversities  of 
climate  and  production  there  could  scarcely  be  one;  for  what 
would  be  salutary  at  Boston  might  be  pernicious  at  New 
Orleans  or  Charleston.  In  the  Western  States  fresh  meat  is 
much  more  freely  used  than  on  the 'sea-board;  but  in  all  our 
prisons  meat  is  much  more  common  than  in  those  of  Europe. 
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 
food.  At  the  Boston  gaol,  which  is  one  of  the  best  prisons  of 
detention  in  the  United  States,  the  dietary  includes  wheat 
bread  and  rye  coffee  for  break£a,st  and  supper,  boiled  fresh  beef 
and  potatoes  and  beef  soup  for  dinner.  The  daily  allovranoe  of 
bread  is  1^  poimd  for  each  prisoner.  There  is  no  change  from 
this  diet  through  the  year.    In  the  Soutii  Boston  House  of 


UNITED  STATES. 


275 


CJorrection,  the  oldest  prison  of  its  class  in  the  United  States, 
the  week's  dietary  is  as  follows : — 


MoniiiiK. 

S(nm. 

Xight. 

Sunday .     .     . 
Monday     .     . 
Tuesday     .     . 
Wednesday     . 
Thursday  .     . 
Friday  .     .     . 
Saturday    ..   . 

Mush,    white    bread 

and  TVO  coffee 
Mush,   brown    bread 

and  rye  coffee 
Mush,    white    bread 

and  rye  coffee 
Mush,   brown   bread 

and  rye  coffee 
Mush,    white    bread 

and  TVi*  coffee 
Mush,  brown   bread 

and  rye  coffee 
Mush,    white    breiid 

and  rye  coffee 

Baked  beans 

Fresh  beef  soup  and 

vegetables 
Fri'sh  beef  soup  and 

vegetables 
Stewed  beans  or  peas 

Fresh  beef  soup  and 

vegetables 
Fish  hiuth 

Fresh  be^^f  soup  and 
vegetables 

Mush  and  rye  coffee 

Mush,    white    bread 

and  rve  coffee 
Mush,    white    bretul 

and  rye  coffee 
Mush,    white    bread 

and  rye  coffee 
Mush,    white    bread 

and  vegetables 
Mush,    white    bread 

and  rye  coffee 
Mush,    whitt!    bread 

and  ryo  coffee 

At  the  main  prison  of  Middlesex   (the   largest  county  in 
Massachusetts),  at  Cambridge,  this  is  the  dietary:  — 


Xcxm. 

Baked  beans  and  ' 
brown  bread  I 

Corned  beef  and  i 
vegetables 

Fresh  meat  soup 

Stewed  peas 

Corned      iM'cf      and 

vegetables 
Fish 

Fresh  meat  soup 


■    NiRht. 

> 

Bread  and 

ryo 

cof- 

fee  :    mu 

Ai 

and 

moUsses 

four 

nights 

in 

the 

week 

^ 

The  ventilation  and  drainage  of  half  our  prisons  is  reasonably 
good ;  of  the  other  half  indifferent  or  bad ;  in  many  instances 
very  bad.  Probably  one-fourth  of  them  are  kept  scrupulously 
clean ;  a  great  many  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  careful  statistics. 
In  the  cellular  prison  of  Philadelphia,  during  a  period  of  forty- 
two  years,  there  were  353  deaths  in  a  total  number  of  6,416 
persons.  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,  which  is  not  very  great.   Among 

T  2 


276  CONDITION  OF  PRISONS. 

an  average  number  of  2,471  prisoners  in  Massachusetts  in  1868,. 
44  died ;  in  1869  the  average  number  was  3,043,  and  the  deatlis 
were  55  :  in  1870  these  numbers  were  2,971  and  58 ;  in  1871,. 
3,145  and  68.  In  an  aggregate  average  population  of  11,630, 
this  gives  19*35  for  the  annual  death-rate  in  four  years,  which, 
all  things  considered,  is  less  than  in  Pennsylvania. 

9.  Reformatory  Results. — In  very  few  of  our  prisons,  taking 
those  of  all  classes  into  account,  is  the  reformation  of  criminals 
now  made  the  primary  object,  and,  as  a  matter  of  fact,  numbers 
of  prisoners  leave  the  prison  no  better  than  they  entered  it- 
Many  are  made  worse  rather  than  better ;  and  this  is  particu- 
larly the  case  in  the  county  gaols  and  with  short-sentenced 
prisoners  in  the  district  prisons.  In  our  best  prisons  this  is 
otherwise ;  but  there  are  very  few  officers  who  can  truly  say 
that  their  prison  discipline  has  reformed  the  convicts.  There 
are  a  few  *  probationary  homes '  for  discharged  prisoners, 
mainly  for  women ;  a  few  agents  look  after  the  employment  of 
discharged  convicts,  but  there  is'  very  little  participation  in 
earnings  or  payment  of  gratuities  for  overwork.  Much  more 
could  be  done  in  these  directions. 

In  regard  to  the  sanitary  and  moral  condition  of  the  county 
prisons,  the  testimony  of  Judge  Walker,  of  Michigan,  may  be 
cited.     He  says  of  the  gaols  in  his  own  State : — 

Their  condition  is  wretched  beyond  all  powers  of  description,  and 
beyond  all  conception  of  those  who  have  not  had  the  experience  of 
their  own  senses  in  the  matter.  The  defects  in  them  are  not  owing  so 
mnch  to  the  manner  in  which  they  are  kept  as  to  inherent  defects  in 
their  construction,  their  dilapidated  condition,  and  a  fatal  vice  in  the- 
common  gaol  system.  The  gaols  are  crowded  to  excess  ;  two,  and 
sometimes  three  persons  are  pat  into  a  single  cell,  and  a  corridor,  not 
large  enough  to  accommodate  half-a-dozen,  is  the  living  and  eating 
room  of  a  score  of  prisoners.  As  a  rule,  continued  good  health. is 
impossible  under  such  circumstances.  The  moral  condition  of  our 
gaols  is  infinitely  worse  than  their  sanitary  condition  ;  and  after  a  full 
examination  and  careful  consideration  we  have  come  to  the  clear  and 
painful  conviction  that  they  are  the  very  hotbeds  and  nurseries  of 
crime  and  vice,  and  that  the  State  is  directly  responsible  for  a  large 
share  of  the  crime  which  it  seeks  to  punish.  If  the  wisdom  of  the 
State  had  been  exercised  to  devise  a  school  of  crime  it  would  have 
been  difficult  to  devise  a  more  efficient  one.  Here  are  the  competent 
teachers,  the  tractable  pupils,  the  largest  opportunities  for  instraction,. 
with  nothing  to  distract  attention  from  the  lessons. 


UNITED  STATES.  277 

These  statements  are  fully  sustained,  in  the  case  of  Illinois, 
"by  the  remarks  of  Mr.  F.  H.  Wines,  secretary  to  the  Board  of 
Oharities  in  that  State,  who  says  in  his  first  report,  made  soon 
after  the  adjournment  of  the  Cincinnati  Prison  Congress : — 

The  greatest  of  all  faults  in  the  construction  of  our  county  prisons 
is  the  absence  of  any  means  of  classifying  prisoners.     Tbo  sano  are 
not   separated  from  the  insane ;    the  guilty  ai*e  not  separated  from 
^he  innocent ;    the  suspected  are  not  sopai'ated  from  the  convicted. 
Hardened   criminals  and   children   are  thro>\Ti   together;    the   sexes 
•are  not  always  separated  from  each  other.      The  effect  of  this  pro- 
miscuoas  herding  together  is  to  make  the  county  piison  a  school  of 
vice.     In  such  an  atmosphere  purity  itself  could  not  escape  contami- 
nation.    The  prisoners  in  nearly  every  instance  are  absolutely  without 
employment  for  mind  or  body.     There  are  no  libraries  in  the  gaols  ; 
-even  a  Bible  is  ordinarily  wanting.     Idleness  is  a  finiitful  source  of 
vice,  and  enforced  idleness  has  developed  the  most  debasing  habits 
and   passions.     Xo  attempt   at  secular  instruction  and  education  is 
made  in  any  gaol  in  Illinois.     The  efforts  made  at  reformation  of 
criminals  is   unsystematic,  unintelligent,   fitful,  and  in  most  of  the 
•counties  wholly  wanting. 

The  Ohio  Board  of  Charities  take  the  same  view  of  the  county 
gaols  in  that  great  State.  In  their  fourth  annual  report,  made 
early  in  1871,  they  say : — 

Our  gaols  are,  and  always  must  be,  as  now  conducted,  imrsenes 
•of  crime ;  but  with  separate  confinement  for  prisoners  awaiting  trial, 
and  hard  work  elsewhere  for  those  convicted  and  sentenced,  it  is 
believed  that  the  gaol^  may  be  much  improved,  while  their  expenses 
'would  not  bo  materially  increased,  and  might  perhaps  bo  diminished. 
Jt  is  not  right  that  those  who  are  simply  accused  of  crime,  both  the 
innocent  and  the  guilty,  the  young  as  well  as  those  steeped  in  crime, 
.should  be  doomed  to  an  imprisonment  more  demoralising  and  brutal 
than  confinement  in  the  penitentiary  ;  but  such  is  the  fact  iu  reference 
to  most  of  the  gaols  in  Ohio. 

10.  Sentencesn — It  is  the  practice  of  our  courts  ^to  give  short 
sentences  for  minor  offences,  and  to  repeat  them  often  in  the 
.case  of  the  same  person.'  The  effect  of  this  in  the  United 
-States,  as  everywhere  else,  must  be  to  increase  crime,  as  our 
.prisons  are  now  managed. 

11.  Character  of  Crime, — The  prevailing  character  of  crime 
in  America  is  hard  to  define.  In  the  South  and  West  crimes 
-of  yiolence,  in  the  North  and  East  crimes  of  fraud  are  common. 


278  CONDITION  OF  PRISONS. 

and  theft  prevails  very  generally,  though  not  so  much  as  in 
Europe.  Many  of  our  most  accomplished  thieves  and  burglars 
come  to  us  from  Europe.  Intemperance  is  a  proximate  cause 
of  much  crime  here ;  orphanage,  idleness,  and  the  wretched 
home-life,  or  lack  of  home-life,  in  great  cities,  are  leading 
causes  of  crime.  A  desire  to  live  without  work  leads  to  much 
crime  here,  as  well  as  in  other  countries. 

12.  Juvenile  Refommtories, — The  topic  will  be  briefly  consi- 
dered in  a  paper  annexed  to  this  memorandum. 

13.  Liberated  Prisoners. — There  are  no  sufiSciently  accurate 
returns  of  liberated  prisoners,  showing  how  they  have  conducted 
themselves  since  their  discharge.  A  small  number  of  philan- 
thropic societies,  scattered  through  the  coimtry,  look  after  these 
prisoners  upon  their  discharge,  but  they  have  neither  published 
nor  collected  any  valuable  statistics  on  this  subject.  A  few 
years  hence  it  vrill  be  possible  to  do  so. 

General  Observations. — In  regard  to  the  number  of  prisoners 
in  confinement  at  any  one  time,  and  the  whola  number 
committed  during  a  year,  it  is  to  be  remarked  that  both  have 
greatly  increased  in  the  United  States  since  the  close  of  the 
civil  war,  six  years  ago.  During  the  progress  of  that  conflict, 
and  especially  in  the  years  1863-4,  the  prison  inmates  were 
often  reduced  to  less  than  two- thirds  their  number  in  18G0, 
and  scarcely  more  than  half  their  present  number;  but  at 
that  time  the  number  of  women  in  prison  was  greater  than 
before  or  since.  The  census  of  1860  gave  as  the  whole  number 
of  prison  inmates,  June  1,  1860,  about  19,000  in  the  whole 
country  ;  but  this  was  much  less  than  the  true  number,  which 
probably  exceeded  26,000,  the  population  of  the  country  being 
then  something  more  than  31,000,000.  During  the  civil  war 
it  is  probable  that  the  prisoners  in  confinement  in  the  summer 
season,  when  they  are  always  fewest,  were  reduced  to  20,000. 
Immediately  on  the  close  of  the  war  the  increase  of  commit- 
ments was  startling,  and  among  the  new  commitments  were 
thousands  of  soldiers  and  sailors,  many  of  whom  had  fought 
well  in  the  campaigns.  At  one  time  more  than  half  the  in- 
mates of  the  Northern  state  prisons  must  have  been  persons 
who  had  been  enrolled  in  the  army  or  navy,  and  many  of  whom 
had  been  good  soldiers.  This  state  of  things  culminated  in 
1867,  since  when  the  prisoners  of  this  class  have  been  diminish- 


UNITED  STATES.  279 

ingy  but  in  the  meantime  the  change  in  the  social  and  indus- 
trial condition  of  the  Southern  States  has  begun  to  bring  into 
the  prisons  of  that  section  a  great  increase  of  coloured  convicts. 
In  slavery  the  offences  of  these  persons  were  either  condoned 
or  punished  by  the  slave  master ;  but  since  emancipation  they 
are  bronght  before  magistrates  and  sentenced  to  prison.  How 
soon  this  apparent  increase  of  crime  wUl  roach  a  maximum  it 
IB  impossible  to  say,  but  probably  within  two  or  three  years. 
It  is  much  to  be  regretted  that  more  successful  efforts  were 
not  made  to  improve  our  prisons,  and  introduce  a  better  prison 
system,  before  they  began  to  be  crowded,  as  most  of  them  now 
ore. 

The  tendency  of  such  improvements  as  have  been  made  or 
are  now  making  is  towards  the  so-called  Irish  convict  system, 
which  has  every  year  more  friends,  and  is  better  understood 
in  the  United  States.  No  State  has  yet  introduced  it  bodily,  or 
even  its  main  features,  but  it  cannot  be  many  years  before  this 
"will  be  done.  The  cellular  system,  to  which,  in  my  opinion, 
some  injustice  is  done  in  America,  is  fast  disappearing  from 
practical  use ;  but  the  introduction  of  the  Irish  plan  may  per- 
mit us  to  use  the  more  desirable  features  of  the  cellular  systemr 
The  system,  in  its  strictness,  scarcely  exists  in  the  United 
States,  and  is  not  likely  to  return  into  favour.  The  great  evil 
in  our  minor  prisons  and  in  many  of  those  of  the  higher  gnide 
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.  Particularly  is  this 
true  in  regard  to  female  prisoners,  and  in  the  whole  United 
States  there  is  scarcely  a  single  good  woman's  prison.  Con- 
sidering the  number  and  excellence  of  our  reformatories  for 
gixlBy  this  is  the  more  astonishing.  An  effort  has  been  making 
in  Massachusetts  for  some  years  past  to  establish  a  special  prison 
for  women,  but  as  yet  with  no  result. 

The  most  hopeful  examples  of  prison  discipline  are  found  in 
a  small  class  of  prisons,  hard  to  define  in  terms,  but  easy  to 
illustrate  by  examples,  since  these  are  few  and  conspicuous. 
Such  are  the  district  prisons  at  Albany,  Detroit,  Eochester, 
Pittsburg,  and  perhaps  a  few  other  cities,  where  the  pernicious 
influence  of  partisan  politics  has  not  been  too  much  felt,  and 
where  the  management  of  prison  affairs  rests  in  the  hands  of 


280  CONDITION  OF  PBISONS. 

intelligent  men  for  a  long  period.  A  few  of  these  prisons  are 
set  down  in  the  accompanying  table,  but  it  has  not  been  con- 
venient to  obtain  their  statistics  with  exactness. 

The  management  of  prisons  of  this  class  is,  as  a  rule,  more 
permanent  than  that  of  either  state  prisons  or  gaols ;  and,  as  a 
natural  consequence,  the  best  officers  are  attracted  towards 
them.  In  some,  as  the  Albany  Penitentiary,  the  congregate 
system  is  maintained  with  much, rigour;  in  others  it  is  greatly 
relaxed,  and  there  is  an  approach  to  the  best  features  of  the 
Irish  system,  as  taught  and  practised  by  Maconochie  and 
Crofton.  Were  our  criminal  laws  generally  and  judiciously 
amended,  so  as  to  allow  longer  sentences  for  the  petty  crimi- 
nals who  make  up  the  great  majority  in  these  establishments, 
they  would  soon  display  results  more  gratifying,  both  as 
respects  reformatory,  industrial,  and  pecuniary  success.  With 
•all  the  disadvantages  of  short  sentences,  the  best  of  our  prisons 
of  this  grade  are  now  self-supporting,  and,  to  a  considerable 
degree,  preventive  of  crime.  New  prisons  of  this  class  are  con- 
fitantly  appearing,  especially  in  the  older  and  more  populous 
states,  and  always  in  or  near  large  cities,  receiving  convicts 
from  a  wide  area  or  a  great  population,  and  classifying  their 
inmates  more  and  more  thoroughly. 

Another  hopeful  class  of  our  prisons  (though  these  are  not 
as  yet  very  well  organized)  includes  state  workhouses,  like 
.those  of  Massachusetts  and  Rhode  Island,  where  sentences  of 
«,  year  or  two  are  given  for  such  offences  as  vagrancy,  habitual 
drunkenness,  and  prostitution,  and  where  it  will  be  easy  and 
Advantageous  to  introduce  the  main  points  of  the  Irish  convict 
system. 

With  these  remarks,  which  might  be  indefinitely  extended 
^80  wide  is  the  range  of  topics  afforded  by  our  many  and  various 
prisons),  this  imperfect  paper  is  submitted  to  the  International 
Prison  Congress. 

F.  B.  Sanboen. 

.  Bo-tfoji,  Ji'tic  1872. 


UNITED  STATES. 


A    TABLE, 

the  Population,  Priton  Inmatta,  and  State  Prison  Inmatts 
in  the  thiHy-stven  United  States,  1870-72. 


av;rlud 


IiRl>(.->nliiia 
WBlBiMiart 


Boltliliiiil 


TgUk 

Xttlcui  (Bonn  ot 
"-TieMoo) 

Tert    (CooDtjr 


FhUsiJclplila 
AlUghmjr , 


l«7,:i«j        l; 


■n  ToTTflorici.  Jiini 


282  CONDITION  OF  PRISONS. 


JUVENILE  EEFORMATOEIBS   IN  THE   UNITED 

STATES  OF  AMERICA. 

In  writing  upon  the  prisons  of  the  United  States,  it  seemed 
best  to  confine  the  discussion  to  that  subject,  and  to  make  a 
distinct  paper,  much  less  extended,  on  the  juvenile  reformatories 
of  our  country,  which  have  always  differed  so  widely  from  the 
prisons  in  their  aim,  their  management,  and  their  result  that 
it  would  be  injustice  to  both  classes  of  establishments  to  rank 
them   together.      Our  prisons,  as  a  class,  have  always  been 
places  of  punishment  rather  than  of  reformation,  and  have  done 
little  to  check  crime ;  our  reformatories,  on  the  contrary,  have 
checked  crime,  and,  in  a  majority  of  instances,  have  wrought  a 
practical  reformation  of  their  inmates.     Of  course,  the  material 
is  much  better  in  the  reformatory  than  in  the  prison ;  the  in- 
mates are  more  tender  in  years,  less  hardened  in  crime,  and  far 
less  under  the  slavery  of  degrading  habits.     But  this  is  not  aU* 
The  spirit  of  our  reformatories  is  that  of  hope  and  effort,  while 
listless  indifference  or  despair  too  often  reigns  in  our  prisons  ; 
the  sentences  of  young  offenders  are  wisely  regulated  for  their 
amendment,  not  absurdly  shortened  as  if  they  signified  only  so 
much  endurance  of  vindictive  sufferings ;  the  whole  machinery 
of  the  establishment  is  set  in  the  reformatories  for  the  good 
training  of  the  child,  while  in  the  prisons  it  is  too  often  allowed 
to  chafe  and  wear  upon  the  very  moral  nature  and  the  best 
inspirations  of  the  adult  convict.     America  has  little  reason  to 
be  proud,  of  her  prisons,  at  least,  as  they  have  existed  for  the 
past  ten  years  (since  the  present  writer  began  to  visit  them)  ; 
but  she  can  justly  take  pride  in  her  juvenile  reformatories,  from 
the  very  beginning  of  their  work,  fifty  years  ago,  until  now. 

The  first  American  reformatory,  and  still  the  largest  one, 
was  the  New  York  House  of  Eefiige,  opened  in  1825,  and 
now  established  upon  Randall's  Island,  within  the  city  limits 
of  New  York.  It  grew  out  of  the  efforts  made  by  Edward 
Livingston,  and  other  enlightened  philanthropists,  to  train  the 
young  in  cities  to  a  life  of  honest  industry;  and  its  .general 
plan  was  adopted  by  Livingston  in  his  scheme  for  the  ad- 
ministration of  justice  (and  mercy)  in  Louisiana,  which  iieyer 


UNITED  STATES.  283" 

went  into  practical  effect  there.  In  1826,  a  similar  reformatory 
WB8  opened  in  Boston ;  and  in  1828  another  in  Philadelphia. 
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  di- 
rectly, however,  nor  did  they  become  an  intimate  component 
part  of  the  penal  system  of  the  State  where  they  existed. 
The  first  step  in  this  direction  was  taken  by  Massachusetts 
in  1 847,  when  the  State  Reform  School  at  Westborough  was 
established  by  law.  Since  1347,  that  is,  in  the  last  twenty-five 
years,  the  policy  thus  initiated  has  been  carried  far  forward, 
and  is  now  adopted  in  more  than  half  the  United  States. 
Eeformatories,  either  wholly  dependent  on  the  States,  or 
materially  aided  by  them,  exist  now  in  Mahie,  New  Hampshire, 
Vermont,  Massachusetts  (2),  Rhode  Island,  Connecticut  (2), 
New  York  (4),  New  Jersey,  Pennsylvania  (2),  Maryland, 
Ohio,  Illinois,  Indiana,  Michigan,  Wisconsin,  and  California ; 
while  other  semi-public  reformatories,  under  mimicipal  or 
private  management,  are  found  in  these  States  and  in  Missouri, 
Kentucky,  Louisiana,  etc.,  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  establishments  are  still  more  numerous.  The  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  preventive  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  preventive 
schools  are  good,  as  has  been  intimated.  Of  the  estimated 
12,000  in  reformatories,  strictly  so  tei-med,  at  least  GO  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  percentage  of 
worthy  citizens  trained  up  among  the  whole  24,000  in  preven- 
tive and  reformatory  schools  would  be  as  high  as  75.  The 
average  cost  of  maintaining  each  child  above  his  earnings 
cannot  be  less  than  125  dollars  a  year  for  the  whole  number,. 


284  CONDITION  OF  PKISONS. 

say  3,000,000  dollars  in  all.  In  Massachusetts,  a  yearly  average 
of  more  than  1,500  such  children,  in  large  and  small  establish- 
ments, of  whom  1,000  at  least  were  in  reformatories,  last  year 
cost  more  than  200,000  dollars  above  their  earnings ;  of  which 
at  least  175,000  dollars  was  raised  by  taxation. 

In  many  of  the  States,  parents  may  be  held  responsible  for 
the  support  of  their  children  in  reformatories,  at  least  in  part, 
but  this  provision  of  law  is  seldom  enforced.  A  large  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  payment  of  board  by  parents  and  kindred 
is  strictly  enforced,  so  far  as  practicable.  There  is,  however, 
far  less  desire  to  throw  children  on  the  public  for  support,  in 
this  manner,  in  America,  than  in  England  or  France. 

As  Massachusetts  has  been  mentioned  by  the  present  writer 
as  having  the  most  complicated  and  impractical  system  of  prison 
management  in  the  United  States  (though  by  no  means  the 
worst  or  the  most  expensive),  it  is  but  fair  to.  say  that  this 
commonwealth  has  also  the  best  system  of  training  and  caring 
for  its  poor  children  and  juvenile  offenders.  It  has  the  most 
numerous  and  varied  establishments  for  their  education,  and 
the  most  thorough  method  of  detaining  and  providing  for  such 
children  as  need  it.  The  bureau  of  the  State  Government 
known  as  the  *  Visiting  Agency'  has  this  work  specially  in 
charge,  and  is  performing  it  in  a  manner  quite  unique  in 
America,  and  perhaps  in  the  world,  and  with  admirable  results. 
But  as  the  head  of  this  bureau,  Mr.  Gardiner  Tufts,  has  pro- 
mised to  submit  some  account  of  its  work  to  the  National 
Committee,  the  imdersigned  will  leave  the  subject  at  this  point. 

For  the  Committee, 

F.  B.  Sanboen, 
of  the  Massachusetts  Board  of  State  Charities. 

Jiosion,  June  17,  1872. 


ENGLAND.  285* 


THE  UNITED  KINGDOM. 


EHOLAITD. 


An  Account  of  the  manner  in  which  Sentences  of  Penal  Servitude  are 
carried  out  in  England,  By  Major  E.  F.  Du  Caxe,  Roi/al  Engineers  ; 
Snrveyor'General  of  Prisons ;  Chairman  of  Directors  of  Convict  Prisons ; 
Inspector-General  of  Military  Prisons,  tj-c,  <J*c. 

The  sabject  of  prison  management,  and  the  question  of  the 
best  manner  of  carrying  out  the  sentences  of  the  law,  have  been 
topics  of  earnest  discussion  in  England  for  upwards  of  one 
hundred  years.  During  that  period  numerous  diflFerent  views 
and  systems  have  been  brought  forward  and  experimented  on, 
and,  in  fact,  it  is  difficult  to  propose  any  system  now  on  which 
some  light  may  not  be  thrown  by  our  experience  in  England  or 
in  the  colonies.  In  the  history  of  the  latter  especially  is  to  be 
found  a  great  source  of  knowledge  and  experience,  and  so  much 
is  our  present  system  the  result  of,  and  founded  on,  the  trans- . 
portation  system  (which  ceased  entirely  only  four  years  ago) 
that  those  who  wish  to  acquire  a  full  and  connected  acquaintance 
^th  our  views  and  practice  should  not  fail  to  study  the  history 
and  phases  of  that  system.  We  have  tried,  at  various  times,  as< 
portions  of  our  penal  system  in  the  colonies,  simple  deportation 
or  banishment;  we  have  tried  assigning  convicts  to  live  as 
aervants  in  families  of  free  people ;  we  have  tried  retaining 
ihem  under  charge  of  the  Government,  but  hiring  out  their 
labour  to  free  people  for  the  benefit  of  Government ;  we  have 
tried  planting  them  out  in  bodies  in  a  condition  of  semi-freedom, 
to  work  with  pay  for  Government  until  employers  hired  them  ; 
and  we  have  tried,  in  England,  the  exact  reverse  of  this — viz., 
keeping  them  in  isolation  for  lengthened  periods  in  cells. 

Finally,  we  now  carry  out  a  system  involving  a  moderate 
period  of  isolation,  followed  by  a  period  during  which  prisoners 
« live  in  absolute  separation,  but  work  in  association.    The  con- 
siderable success  which  oiu:  efforts  have  met  with,  figures  will 
easily  show. 

The  more  recent  history  of  our  Penal  System  is  as  follows : — 


:2B6  CONDITION  of  prisons. 

Until  about  1843  our  convicts  were  all  sent,  first,  either  to 
Millbank  or  to  the  hulks,  and  thence  a  large  number  were  trans- 
ported to  the  colonies.  In  1842  Pentonville  Prison  was  opened, 
and  the  course  of  punishment  a  convict  was  to  go  through  was 
reduced  for  the  first  time  to  a  definite  system.  Then  was  com- 
menced the  plan  of  subjecting  selected  prisoners  on  their  first 
reception  to  a  term  of  strict  separation,  during  which  influences, 
both  penal  and  reformatory,  were  brought  to  bear  on  them. 
Those  who  were  thought  to  have  profited  by  this  discipline 
were  then  transported  to  a  penal  colony  to  undergo  the  re- 
mainder of  their  sentences,  under  conditions  which  varied  in 
their  character,  according  to  the  disposition  the  prisoner  had 
manifested  during  his  probation  in  Pentonville  Prison.  Soon 
after  this  another  stage  was  introduced  into  the  course,  and 
the  system  henceforward  applied  to  all  prisoners.  Every  con- 
vict passed  first  through  the  stage  of  absolute  separation ;  he 
was  then  removed  to  a  prison  in  which  each  prisoner  had  his 
separate  cell,  but  performed  regulated  labour  in  association ; 
and  from  among  the  convicts  in  this  stage  were  selected  the 
men  who  should  be  sent  to  perform  the  rest  of  their  sentences 
in  the  penal  colonies,  passing  through  stages  which  led  pro- 
gressively to  freedom,  the  last  stage  but  one  being  under  con- 
ditions which  resemble  that  to  which  the  name  of  the  *  inter- 
mediate stage  '  has  been  given ;  and  concluding  their  sentences 
in  a  state  of  conditional  freedom,  such  as  is  known  in  England 
by  the  name  of  ^  conditional  release.'  In  1868,  a  Boyal  Com- 
mission, composed  of  men  of  the  largest  experience  and  autho- 
rity, was  appointed  to  consider  the  whole  subject  of  transporta- 
tion and  penal  servitude.  While  approving  generally  the 
system  then  in  force,  they  recommended,  nevertheless,  certain 
important  modifications.  It  was  shortly  after  this  that  trans- 
portation ceased;  and  as  this  had  previously  formed  so  im- 
portant a  part  of  our  system  of  disposing  of  our  criminals,  it 
may  be  said  that  the  penal  system  now  in  force  in  England 
dates  its  present  phase  from  that  period. 

The  statistical  tables  of  crime  must  be  studied  by  those  who 
wish  to  appreciate  the  effects  of  the  changes  we  have  made  at 
various  times.  It  will  be  sufficient  if  I  here  give  the  following 
figures,  showing  the  remarkable  decrease  of  crime  of  late  years ; 
by  whict  it  will  be  seen  that  while  1870  gave  the  smallest 


ENGLAND. 


287 


number  of  sentences  to  penal  servitude  which  had  ever  been 
IcDOwn— being  ten  per  cent,  less  than  the  previous  year,  the 
jear  1871  has  again  fallen  as  much  below  its  predecessor,  the 
number  being  nearly  one-fifth  fewer  than  in  1869. 

The  following  statistics  of  sentences  of  penal  servitude  in 
Great  Britain  will  enable  the  remarkable  decrease  in  serious 
crime  to  be  appreciated ;  and  this  decrease  is  not  to  be  ac- 
counted for  by  any  other  facts  than  that  there  has  been  a 
genume  decrease  in  crime. 


Average  in  5  years  ending  1859  . 

.     3,042 

Average  in  5  years  ending  1864  . 

.     3,109 

Average  in  5  years  ending  1869  . 

.     2,597 

Actual  number  in  1870 

.     2,015 

Actnal  number  in  1871 

.     1,818 

Tie  sentences  of  imprisonment  for  short  periods  for  indict- 
able offences  have  also  decreased  very  considerably,  at  the  same 
time  that  the  increase  of  population  would  have  well  accounted 
^ven  for  an  increase. 


Return  of  Imprisonment  for  Indictable  Offences. 

Average  number  of  sentences  of  imprisonment  in 
England  and  Wales  during  5  years  ending  1859 

1864 
1869 

Actual  number  in 1870 

1871 


»> 


» 


>» 


» 


j> 


>> 


»> 


>> 


>> 


n 


12,536 
11,406 
12,058 

10,908 
10,083 


^^  number  of  re-convictions  has  also  steadily  decreased  of 
late  years. 


■Die  average  number  of  re-convictions  during  the 
5  years  ending  .         .         .     1859         was 

1864 
1869 

luring  the  year      ....     1870 


>> 


» 


» 


>> 


J> 


>> 


>» 


)) 


» 


357 
668 
523 
343 
413 


lii» increase  in  1871  is  due,  probably,  to  the  effective  execution 
^*  the  Act  passed  that  year  for  the  Prevention  of  Crime. 

''^B^  of  tJie  statistics  is  very  often  alleged  to  be  the  test 
^^the  efl&ciency  of  a  prison  system.  To  my  mind  there  can  be 
^  g^ter  fSiUacy.  In  the  first  place,  the  number  shown  in  the 
^tiaticg  may  be  largely  affected  by  the  removal  to  other  juria- 


288  CONDITION  OF  PBISONS. 

dictions,  or  emigrations,  &c.,  or  by  imperfect  poKce  arrange- 
ments. Moreover,  the  re-convicted  man  may  have  been  dis- 
charged several  years  ago,  and  if  the  prison  system  grows  and 
improves  as  it  onght  to  do,  or  receives  important  modiftcations 
as  sometimes  happens,  the  result  of  the  treatment  a  prisoner 
underwent  years  back  can  be  no  t^st  of  the  efficiency  of  the 
system  carried  out  now ;  and,  besides,  the  effect  on  his  mind  of 
his  treatment  in  prison  must  get  weaker  as  time  goes  on.  But 
it  seems  to  me  on  principle  to  be  fallacious.  Punishment  is 
inflicted  much  more  for  the  purpose  of  deterring  from  crime 
the  enormous  number  of  possible  criminals,  rather  than  for  any 
effect  on  the  criminal  himself;  and  if  a  certain  number  of  crimes 
must  be  committed  every  year,  I  think  it  much  more  to  be 
desired  that  those  crimes  should  be  committed  by  one  set  of 
people  than  that  fresh  recruits  should  be  brought  into  the 
criminal  ranks.  If,  therefore,  we  once  succeed  in  getting  the 
number  of  convictions  down  to  a  minimum,  I  shall  consider 
that  statistics  which  show  that  the  number  of  re-convictions 
bears  a  large  proportion  to  the  first  convictions,  is  both  a  proof 
of  the  efficiency  of  the  police  and  of  the  deterrent  effect  of  the 
penal  system. 

To  make  our  tables  of  re-convictions  complete,  also,  we  ought 
to  bring  the  discharges  and  re-conviction  of  convicts  still  in 
Australia  into  the  account,  and  this  would  largely  affect  the 
proportion. 

I  do  not  think  that  either  an  increase  or  a  decrease  in  crime 
is  affected  by  prison  systems,  nearly  to  such  an  extent  as  it  has 
been  asserted  that  they  are,  unless,  indeed,  the  prisons  are  very 
bad  indeed,  such  as  our  convict  prisons  have  not  been  for  many 
years.  The  prosperity  of  the  country — the  facilities  for  getting 
a  living  honestly — the  condition  of  education,  moral  and  lite- 
rary— the  efficiency  of  the  police — all  contribute  to  affect  the 
statistics  of  crime.  But  certainly  an  effective  penal  system  bears 
its  part,  and  that  an  important  part,  in  attaining  the  object. 

I  will  now  endeavour  to  give  briefly  a  view  of  the  system  to 
which,  in  part,  at  all  events,  it  is  fair  to  attribute  the  remark- 
able results  shown  by  the  above  figures. 

I  will  begin  by  a  short  statement  of  the  course  adopted  in 
bringing  an  offender  to  punishment ;  and  this  is  the  more  de- 
sirable because  success  in  the  repression  of  crime  depends  at 


i 


ENGLAND.  289 

least  as  much  in  the  way  in  which  these  preKminary  stages  are 
carried  out,  as  on  the  subsequent  treatment  of  the  criminal 
under  punishment;  and  the  statistics  of  crime  are  obviously 
dependent  as  much  on  the  police  organization  by  which  crime 
is  detected,  and  the  efficiency  of  the  law  and  of  the  legal  prac- 
tice by  which  it  is  brought  to  justice,  as  on  the  rules  or  system 
'by  which  punishment  is  carried  out;  and  also  because  there  are 
points  in  connection  with  the  treatment  of  persons  accused,  but 
not  yet  convicted  of  crime,  to  which  attention  may  be  usefully 
'  directed. 

The  first  step  taken  by  a  person  who  has  suflfered  from  a 

•  crime  committed  against  him  or  his  property,  is,  of  course,  to 
apply  to  the  police,  and  give  them  all  information  which  may 
enable  them  to  trace  out  the  offender. 

As  it  is  obvious  that  no  system  for  the  treatment  or  punish- 
ment of  offenders  after  they  are  caught  can  be  of  much  avail  in 
repressing  crime,  unless  the  means  of  detecting  and  appre- 
liending  the  offenders  are  effective,  it  foUows  that  the  first  and 
-most  important  object  to  be  attained  in  endeavouring  to  repress 
crime  by  punishment  is  to  approach  as  nearly  as  possible  to 
certainty  of  detection.     The  police  must  therefore  be  effectively 
organized ;  they  must  be  intelligent,  and,  above  all,  honest ; 
and  they  must  have  a  good  knowledge  of  the  ways  and  practices 
of  criminals,  and,  as  far  as  can  be  attained,  some  personal 
owledge  of  them.     Supposing  that  the  person  who  has  com- 
itted  the  offence  can  now  be  identified,  or  that  suspicion  is 
isiarongly  directed  on  somebody,  the  next  step  taken  is  to  swear 
^n  information  to  that  effect  before  a  magistrate,  and  procure 
warrant  for  the  apprehension  of  the  supposed  offender.     The 
tfective  execution  of  this  step  again  depends  on  the  vigilance, 
itelligence,  and  knowledge  of  the  police.     If  the  offender  is 
jyprehended,  he  is  lodged  in  cells  under  charge  of  the  police, 
he  can  be  brought  before   the  magistrates    in    Petty 
ns,  who  will  hear  and  determine,  on  sworn  evidence,  the 
•laige  against  the  prisoner,  and  any  defence  he  may  set  up ; 
if  they  consider  that  the  case  is  prima  fade  made  out 

•  ^^[ainst  him,  they  may  either  remand  the  case  for  further  evi- 
dence, or  may,  if  they  are  satisfied  with  what  they  have  heard, 
"Either  inflict  such  punishment  as  is  in  their  power,  or,  if  the 

u 


290  CONDITION  OF  PKISONS. 

law  requires  or  allows  it,  can  send  him  to  prison  for  trial  at 
Quarter  Sessions  or  Assizes. 

This  is  the  proper  place  in  which  I  should  point  out  what 
seems  to  me  to  be  an  important  defect  in  our  law  and  criminal 
arrangement.  For  a  century  or  more  we  have  been  endeavour- 
ing to  improve  our  prison  buildings— ^we  have  by  law  enforced 
that  every  convicted  prisoner  should  be  lodged  in  a  separate  cell 
where  he  can  eat  and  sleep  alone,  unable  to  contaminate  others 
or  be  contaminated  himself;  we  have  enacted  that  his  cell  shall 
be  properly  wai-med  and  ventilated,  that  he  shall  be  provided 
with  means  for  communicating  with  the  warder  in  case  of  sick- 
ness or  for  any  other  reason.  We  provide  him  with  books, 
with  medical  attendance,  with  means  of  cleanliness,  and,  in 
fact,  with  every  requirement  of  health  and  decency,  but  the 
unconvicted  prisoner  we  have  entirely  neglected  to  provide  for 
by  law,  and  consequently  we  find  that  though  a  sense  of  right 
has  in  many  cases  led  to  proper  provision  being  made,  there 
are  places  where  all  these  things  are  absolutely  wanting,  and 
where  a  decent  man  who  has  got  into  trouble  may  find  himself 
crowded  in  with  the  vilest  set  of  criminals,  or  passing  the  night 
with  a  noisy  crew  of  drunkards  in  a  room  or  cell  without  means 
of  light,  warmth,  or  ventilation.  This  state  of  things  ought,  it 
seems  to  me,  to  be  remedied  by  proper  legal  enactments,  for  no 
unconvicted  prisoner  should  suffer  more  inconvenience  than  is 
necessary  in  order  to  ensure  the  security  of  his  person. 

The  next  step  taken  in  arriving  at  the  conviction  of  an 
offender  is  his  trial.  Without  entering  into  the  various  kinds 
of  courts  for  the  trial  of  offenders,  it  is  enough  to  say  that  if 
his  crime  is  serious,  his  trial  takes  place  at  the  Assizes,  which 
are  held  twice  a  year  (or  three  times  in  some  places).  It  is 
clear  that  the  first  necessity  for  promoting  the  ends  of  justice 
is  that  the  evidence  in  the  case  should  be  fully  and  fauly  laid 
before  the  court.  The  prisoner  and  his  friends  have,  of  course, 
every  interest  to  represent  their  defence,  and  means  of  doing  so 
are  not  usually  wanting ;  but  the  law  by  which  the  person  who 
has  already  suffered  the  wrong  has  further  to  take  on  himself 
the  burthen  and  expense  of  carrying  on  a  prosecution  in  which 
he  has  no  more  interest  than  any  other  member  of  society,  is 
both  a  grievous  wrong  to  him  and  may  give  an  undue  advan- 
tage to  the  criminal.     Probably  many  cases  occur  in  which  a 


ENaLANB.  29f 

man  prefers  to  suffer  in  silence  the  first  loss  caused  by  the  • 
crime,  rather  than  add  to  it  the  trouble  and  loss  he  will  suffer 
if  he  has  to  prosecute. 

I  haye  referred  to  '  certainty  of  detection  '  as  the  first  point 

to  be  aimed  at  in  endeavouring  to  promote  the  repression  of 

crime ; '  certainty  of  conviction '  is  an  equally  important  point 

in  connexion  with  the  subject,  and  for  which  proper  means 

8lK>iild  be  provided. 

The  charge  against  the  prisoner,  framed  on  the  depositions 

taken  before  the  Committing  Magistrate,  is  now  taken  before 

the  Grand  Jury,  who  consider  whether  there  is  a  case  on  which 

to  indict  the  prisoner ;  and  if  they  find  a  true  bill,  he  is  put  on 

^8  trial.     The  counsel  for  the  prosecution  states  to  the  Jury 

the  case  against  the  prisoner,  and  brings  evidence ;  the  counsel 

fop  the  prisoner  states  the  prisoner's  defence,  and  brings  his 

^denoe;  either  counsel  cross-examine  the  witnesses  of  the 

^ther;  the  counsel  for  the  prosecution  replies  to  the  defence, 

tte  Judge  sums  up  the  evidence  impartially  for  the  assistance 

^f  the  Jury,  directing  them  on  points  of  law  and  impressing  on 

^^m  that  if  they  have  any  reasonable  doubt  they  are  to  give 

*^^  prisoner  the  benefit  of  it. 

If  the  prisoner  is  found  guilty,  he  is  then  sentenced  by  the 

.  ^dge.    If  the  sentence  is  to  a  short  term  of  imprisonment,  he 

^  sent  to  a  County  or  Borough  Gaol — establishments  which 

^^^  managed   entirely  by  the  local  Magistracy,   subject,   of 

P^'^ttse,  to  the  Acts  of  Parliament,  the  due  execution  of  which 

^  t)nly  provided  for  by  a  very  imperfect  control  on  the  part  of 

^^  Government ;  but  if  his  sentence  is  to  penal  servitude,  he 

^^dg  his  way,  in  due  course  of  time,  either  to  the  Government 

^^^^vict  Prison  of  Pentonville,  or  to  that  at  Millbank ;  in  one  of 

^liich  prisons  the  first  part  of  his  sentence  is  in  all  cases 

^^^^ed  out. 

I  may  here  mention  that  in  England  a  sentence  of  penal 
^^^tude  is  in  its  main  features,  and  so  far  as  concerns  the 
l^^^Uiishment,  carried  out  on  exactly  the  same  system  to  every 
l^^ison  subjected  to  it.     The  previous  career  and  character  of 
7*^  prisoner  makes  no  difference  in  the  punishment  he  is  sub- 
jected to,  because  it  is  considered,  and  rightly,  I  think,  that  it 
^  for  the  Courts  of  Law,  who  have,  or  should  have,  a  full 
*^owledge  on  these  points,  to  consider  them  in  awaxdmg  \3cl<& 


292  CONDITION  OF  PRISONS. 

sentence,  and  if  any  prisoner  was  subjected  to  harsher  or  milder 
treatment  in  consequence  of  any  knowledge  the  prison  autho- 
rities might  have  of  his  previous  character,  it  might  be  that  he 
would  practically  be  punished  twice  over  on  the  same  account, 
and  on  information  much  less  complete  and  less  impartial  than 
the  Court  of  Law  would  have  at  its  command.  The  Govern- 
ment would  also  be  always  liable  to  charges  of  favouring  or 
spiting  certain  particular  prisoners;  and  any  feeling  of  this 
kind  would  be  fraught  with  danger  and  inconvenience. 

It  is  also  considered,  and  justly,  that  the  Judge,  or  Court, 
who  passes  the  sentence  should  know,  or  should  be  able 
to  know,  precisely  the  exact  eflFect  of  the  sentence,  and 
this  would  be  impossible  if  any  discretion  rested  with  the 
executive  officers  as  to  the  mode  of  carrying  out  the  punish- 
ments.  At  the  same  time,  it  is  open  to  consideration  whether 
more  than  one  mode  of  carrying  out  the  punishment  might  not 
be  laid  down  by  authority y  as  applicable  to  certain  defined  cases, 
or  a  discretion  might  be  given  to  the  Judges  as  to  the  system 
which  each  prisoner  should  be  subjected  to. 

Whether  or  not  this  alteration  should  be  made  depends  on 
the  importance  attached  to  the  effect  of  punishment  as  an 
example  to  deter  others  from  the  commission  of  crime  ;  or  the= 
effect  in  deterring  or  reforming  the  individual  himself. 

Our  convict  system  is  devised  with  a  view  to  combine  the 
principles  of  deterring  from  the  commission  of  crime   anc 
reforming  the  offender.    The  latter  is  an  object  which  for  ever^ 
reason  we  are  bound  to  follow  strenuously,  but  it  must  not  b 
effected  in  such  a  manner  as  to  interfere  with  the  forme- 
because  punishment  is  primarily  to  prevent  crime  by  the  wan 
ing  held  up  to  those  who  might,  but  for  such  influences,  ft 
into  it. 

A  sentence  of  penal  servitude  in  England  is  divided  ir 
three  principal  stages  :  the  first  stage  is  passed  at  Pentonv: 
or  Millbank ;  it  endures  for  nine  months  in  all  cases,  and 
that  period  the  prisoner  passes  his  whole  time — excepting 
periods  allotted  to  prayers  and  exercise  —  alone  in  his  < 
working  at  some  employment  of  an  industrial  or  remunen 
character.    The  second  is  passed  in  a  prison  in  which  he  s^ 
and  has  his  meals  in  a  separate  cell,  but  works  in  associ 
under  a  close  and  strict  supervision  at  employment  suit 


ENGLAND.  298^ 

him.  The  third  period  is  that  during  which  he  is  conditionally 
released  from  prison,  but  kept  under  the  supervision  of  the 
police,  and  liable  for  any  infraction  of  the  conditions  of  his 
release  to  be  returned  to  prison,  there  to  fulfil  the  whole  of 
the  remitted  portion  of  his  sentence.  A  stage  intermediate 
between  the  Public  Works  and  the  Conditional  Eelease  is 
applied  to  women,  who  may  be  sent  to  *Eefuges'  for  six 
months  before  their  release  on  licence — establishments  managed 
by  private  people  who  interest  themselves  in  preparing  the 
women  for  discharge,  and  in  procuring  suitable  situations  for 
them. 

.    It  is  not  necessary  for  me  to  state  in  detail  here  the  rules 
laid  down  for  the  treatment  of  prisoners  in  the  three  stages^ 
but  I  will  give  an  outline  of  the  objects  which  ai'e  aimed  at.  . 
Further  information  will  be  found  in  the  Appendices.     The  - 
first  rule  is  that  every  convict  should  be  subjected  to  a  period  \ 
of  strictly  separate  confinement,  which  not  only  is  a  severe 
penal  discipline,  but  during  which  his  mind  is  thrown  in  upon  : 
itself,  and  he  cannot  fail  to  feel,  that  however  agreeable  may 
liave  been  his  previous  life,  probably  one  of  idleness  and  excite- 
xnent^  he  pays  dearly  for  it  by  the  dull  monotony  and  hard 
ijvork,  scanty  fare,  and,  above  all,  the  absence  of  freedom  and 
oonstant  supervision  which  is  his  present  condition,  and  which 
:fbrm  his  prospect  for  some  years  to  come. 

During  this  time  he  becomes  open  to  lessons  of  admonition  . 
0-nd    warning,    religious   infiuences  have   full   opportunity  of 
o'btaining  access  to  him ;  he  is  put  in  that  condition  when  he 
is  likely  to  feel  sorrow  for  the  past  and  to  welcome  the  words 
of  those  who  show  him  how  to  avoid  evil  for  the  future. 

I  have  said  that  this  stage  of  a  prisoner's  sentence  endures 

for  nine  months,  and  it  may  naturally  occur  to  anybody  to  ask,; 

^f  its  effects  are  both  penal  and  reformatory,  such  as  I  have 

^^cribed  and  believe   them  to  be,  why  the  same  treatment 

^^ould  not  be  followed  throughout  the  whole  of  the  sentence. 

P^e  reason  is,  that  it  has  always  been  held  that  we  must  bear 

^  mind  that  the  prisoner  should  not  only  be  punished  and 

^'^ht  what  is  right,  but  should  be  returned  to  society  fitted 

*^  morally  and  physically  to  fulfil  his  proper  duties  in  the 

"rtlie  of  life.     Perpetual  seclusion  in  a  cell  for  years,  with  no 

communication  with  his  fellows,  is  an  artificial  state  of  existence^ 


.294  CONDITION  OF  PEISONS. 

SO  absolutely  opposed  to  that  wliicli  nature  points  out  as  the 
condition  of  mental,  moral,  and  physical  health,  and  so  abso- 
lutely unlike  that  which  he  is  to  be  prepared  to  follow  on  his 
discharge  &om  prison,  that  it  cannot  be  expected  to  fulfil  the 
required  object. 

When  the  system  of  separate  confinement  was  first  established 
in  the  model  prison  at  Pentonville  years  ago,  the  duration  of 
the  period  of  separate  confinement  was  fixed  at  eighteen 
months.  Results,  however,  showed  themselves  which  could 
not  be  neglected.  It  was  shown  incontestably,  as  the  reports 
of  the  commissioners  demonstrated,  that  the  minds  of  the  pri- 
soners became  enfeebled  by  long-continued  isolation,  and  after 
the  various  trials  the  present  term  of  nine  months  has  been 
fixed  on  as  the  longest  to  which  prisoners  can  with  advantage 
be  subjected  to  this  stage  of  the  discipline. 

Keeping  in  view  the  principle  that  during  his  imprisonment 
the  convict  is  to  be  prepared  and  enabled  to  lead  a  reformed 
life  when  he  is  discharged,  attention  is  paid  during  this  period 
both  to  his  moral,  mental,  and  literary  education. 

Every  prison  has  its  staff  of  Ministers  of  Religion,  who,  in 
nearly  all  cases,  are  not  permitted  to  have  any  other  duties, 
and  who  therefore  can  devote  their  whole  time  to  the  improve- 
ment and  advantage  of  the  prisoners  placed  under  their  spi- 
ritual care.     The  advantage  of  thus  inculcating  religious  feel- 
ings will  not  be  contested  by  anybody,  and  notwithstanding 
the  doubts  which  have  been  called  out  by  injudicious  exaggera- 
tions of  the  results  of  these  influences,  and  by  misconception  of 
the  true  position  of  and  functions  fulfilled  by  the  chaplains  of 
prisons,  it  is  certain  that  these  advantages  are  much  appre- 
ciated by  prisoners,  and  that  the  exertion  of  the  ministers  of 
religion  bear  perhaps  as  much  fruit  as  in  the  world  outside. 
The  Prison  Library  and  Educational  Department  are  in  charge 
of  the  Chaplain's  Department.     Books  are  supplied  to  the  pri- 
soners, both  of  a  purely  religious  and  instructive  character; 
and  those  who  are  uneducated  are  taught  by  a  staff  of  school- 
masters, at  least  the  elements  of  reading  and  writing;  those 
•who  have   already   some  knowledge  have  opportunities   and 
encouragement  in  improving  themselves.     As  a  knowledge  of 
reading  and  writing  affords  so  much  opportunity  for  mental  and 
moral  improvement,  and  may  have  so  important  an  effect  on  a 


ENGLAND.  295 

prisoner's  well-being  in  after-life,  great  inducements  are  offered 
to  prisoners  to  exert  themselves  to  attain  it,  by  rendering  some 
of  the  subsequent  privileges  a  prisofler  may  gain  conditional  on 
his  being  able  to  read  and  write.  For  example,  no  convict  can 
be  promoted  to  the  first  class  unless  he  can  read  and  write,  and 
after  he  has  been  under  instruction  a  suiBcient  time,  he  is 
obliged,  if  he  wishes  to  enjoy  the  privilege  of  communicating 
by  letter  with  his  friends,  to  do  it  himself  and  without  assis- 
tance. Of  course  exceptions  to  this  rule  are  made  in  the  cases 
of  men  who,  from  age  or  mental  incapacity,  cannot  be  ex- 
pected to  acquire  even  the  elements  of  knowledge. 

Half-yearly   examinations   are   held    to   show  the   progress 
-  each  prisoner  makes,  the  result  of  which  may  be  seen  in  the 
.  j^early  report  of  the  Directors  of  Convict  Prisons. — [See  Appen- 
dix TV.] 

Taking  the  j)risons  at  Chatham,  Portland,  and  Portsmouth, 
it  is  found  that  of  775  prisoners  discharged  during  1871,  158 
who  could  neither  read  nor  write  when  convicted,  had  learnt 
to  do  both  while  in  prison;  and  most  of  the  remainder  had 
made  advances  in  the  knowledge  which  they  previously  pos- 
--sessed. 

After  passing  the  allotted  time  in  close  confinement,  the 
con^dct  is  removed  to  a  prison  where  he  is  employed  at  labour 
in  restricted  association,  in  the  majority  of  cases  labour  on 
public  works,  or  farming,  clearing  or  reclaiming  land,  and  so 
on ;  but  as  some  men  are  not  adapted  for  this  kind  of  employ- 
ment, there  are  some  prisons  in  which  bootmaking,  tailoring, 
and  indoor  employments  are  carried  on. 

In  whatever  stage  of  his  sentence  a  convict  may  be,  he  is 
always  provided  with  a  separate  coll,  which  he  occupies  at  all 
times  when  not  at  work,  at  prayers,  or  at  exercise.  The  sick 
or  invalids  are  necessarily  more  associated,  but  the  infirmaries 
recently  constructed  place  the  great  majority  in  separation. 
The  chances  of  contamination  are,  therefore,  reduced  to  a 
minimum  (a  few  prisoners  at  Dartmoor  live  in  association,  but 
this  defect  will  not  exist  more  than  a  few  months  longer). 

Every  convict  during  his  sentence  may  pass  through  four 
classes,  called  the  probation,  the  first,  second,  and  third  class, 
and  certain  selected  prisoners  are  also  placed  during  the  last 
year  of  their  sentences  in  a  special  class. —  [Appendix  VI.] 


296  CONDITION  OF  PBISONS. 

The  probation  class  lasts  for  one  year ;  nine  months  of  it  is 
passed  in  a  close  prison,  as  already  stated,  the  other  three 
months  on  public  works. 

The  second  and  third  classes  must  each  last  for  one  year  at 
least,  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. 

Promotion  into  each  of  these  classes  is  followed  by  certain 
privileges,  and  each   class  wears  its   own  distinctive  badge* 
These  privileges  are  necessarily  very  limited,  but  still  they 
oflFer  inducements  which  are  much  sought  after.     All  privileges 
of  increased  diet  have  been  abolished  since  1864,  as  it  was 
justly  thought  that  to  hold  out  prospects  of  food  as  an  induce- 
ment to  good  behaviour  was  to  appeal  to  the  baser  feelings, 
such  as  a  good  moral  education  should  endeavour  to  suppress ; 
and,  secondly,  because  it  was  found  that  unfavourable  impres- 
sions were  produced  outside  by  comparing  the  diet  of  the  pri- 
soner who  enjoyed  these  slight  improvements  in  the  quantity 
or  quality  of  the  food  with  that  of  the  honest,  hardworking, 
free  man,  whose  scanty  means  were  hardly  sufficient  to  keep 
himself  and  family  in  health. 

The  diet,  in  fact,  is  fixed  at  the  minimum  necessary  to  enable 
a  man  to  execute  the  work  required  of  him ;  but  if  he  should  be 
idle  and  not  execute  the  work,  then  the  amount  of  his  food  i& 
reduced. — [See  Appendix  V.] 

The  advantages  offered,  therefore,  by  the  higher  classes  con- 
sist in  the  more  frequent  communications  by  visit  or  letter 
with  their  friends,  in  more  freedom  for  exercise  on  Simdays, 
and  in  the  earning  of  a  higher  gratuity  of  money  to  be  paid  on 
the  prisoner's  discharge. — [See  Appendix  VI.]  The  period 
which  a  prisoner  passes  in  each  class  is  measured  not  simply 
by  time,  but  by  days  of  hard  work,  on  a  plan  which  I  will 
explain  when  I  come  to  the  system  of  marks. 

In  addition  to  the  present  privileges  which  a  prisoner  can 
gain  by  promotion  to  a  higher  class,  he  is  offered  the  still 
greater,  though  more  distant,  advantage  of  slightly  diminish- 
ing the  duration  of  his  sentence  or  obtaining  *  Conditional 
Eelease.' 

The  araoimt  of  remission  which  any  prisoner  may  gain  is 
one-fourth  of  the  whole  perod  he  passes  on  public  works,  and 


ENGLAND.  297 

this  remission  is  gedned  by  industry  alone,  and  not  by  ^  good 
conduct,'  which  in  a  prison  can  be  little  more  than  being  pas- 
sive, or  abstaining  from  acts  of  indiscipline  or  irregularity — 
certainly  he  is  not  allowed  to  profit  by  any  lip  professions  of 
piety  or  reformation. 

On  the  other  hand,  acts  of  ill  conduct  are  followed  by  for- 
feiture of  remission,  degradation  to  a  lower  class,  and  the  loss- 
of  privileges  gained  by  industry,  as  well  as  by  solitary  confine- 
"lent,  reduction  in  diet,  corporal  punishment,  and  so  on  ;  and 
if  by  repeated  misbehaviour  a  prisoner  shows  that  his  treat- 
ment in  the  close  prison  has  not  had  its  due  effect  upon  him, 
and  that  he  is  not  fit  for  associated  employment  on  public 
worts,  he  may  be  ordered  to  undergo  the  discipline  of  the 
penal  class  in  second  probation  for  such  period  as  may  be 
™ught  necessary ;  or  if  during  the  course  of  his  whole  sen- 
^Dce  he  conducts  himself  badly,  he  may  be  ordered  to  pass  the 
^  six  months  in  separate  confinement,  so  that  the  deterrent 
^ffect  of  that  discipline  may  be  impressed  on  his  mind  when  he 
^  set  free.— [See  Appendix  VIII.] 

^he  power  of   punishing   a  prisoner  resides   only   in   the 

governor  and  in  the  Director.     The  limits  of  punishment  in 

*^th  cases  are  laid  down  by  the  Secretary  of  State,  and  no 

^^^^^Uahment  can  be  awarded  without  full  investigation  of  the 

J^^S^y   conducted   in   the   presence   of   the   prisoners.      The 

^^ernor  has  powers   sufficient  to  deal  with  minor  offences, 

*7^  every  punishment  he  orders  is  reported  to  the  Director, 

^^t  a  statement  of  the   prisoner's   offence.      The  Director, 

"^^ae  functions  correspond  with  those  of  a  magristrate,  awards 

^^^ishments   for   offences   of   a   grave   character.      Only   the 

Sector  has  power  to  award  corporal  punishment,  and  he  only 

^■^   certain   offences  defined   by  the  Secretary  of  State,  and 

^^^i*  full  inquiry  on  oath  conducted  in  the  most  formal  man- 

^^-      No   unusual   punishments   may   be    inflicted.      Chains,. 

^^dcuffs,  or  means  of  special  restraint  may  not  be  made  use 

*    except  under  certain  defined  circumstances,  and  under  strict 

^gtilations,  and  the  use  of  them  is  always  reported  and  re- 

^^^ded  in  a  formal  manner. 

It  can  hardly  be  necessary  to  add  that  no  officer  is  allowed 
i  ^  strike  or  abuse  a  prisoner ;  should  he  find  it  necessary,  on 
i      ^count  of  the  violence  of  any  prisoner,  to  make  use  of  his. 


:298  CONDITION  OF  PRISONS. 

weapons,  he  is  always  called  upon  to  show  that  he  confined 
himself  strictly  to  the  necessities  of  the  occasion,  or  failing  to 
do  so  he  must  bear  the  consequences. 

To  maintain  a  strict  and  stem  discipline  without  exciting 
constant  resistance,  it  is  above  all  things  necessary  that  the 
prisoners  should  feel  that  the  rules  are  carried  out  justly  and 
fairly — that  the  officers  are  simply  administering  the  law,  and 
that  in  case  of  any  abuse  of  power  on  the  part  of  an  officer  he 
will  be  held  answerable  for  it, 

To  this  end  every  prisoner  has  unrestricted  right  of  appeal 
against  the  act  of  those  above  him  ;  he  may  lay  his  complaint 
in  the  first  instance  before  the  Governor,  who  is  bound  to  in- 
vestigate it,  and  to  place  the  appeal  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  officers 
and  prisoners,  but  only  visiting  the  prison  magisterially  at 
uncertain  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  fireely  these  rights  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  perform. 

The  effect  of  the  system  of  rewards  and  punishments,  by 
which  we  are  enabled  to  maintain  order  and  discipline  in  the 
prisons,  is  shown  by  the  following  statement  of  the  number  of 
prisoners  punished  during  the  past  year  (1871).  Of  13,S82 
males  who  passed  through  the  prisons,  6,796  did  not  break  the 
rules  in  any  way,  and  6,347  were  actually  punished.  Of  2,184 
females  who  passed  through  the  prisons,  1,414  did  not  break 
the  rules,  and  689  were  actually  punished. 

The  return  of  prison  offences  during  the  past  year  also  esta- 
blishes another  fact  that  in  an  average  population  of  9,980,  or 
an  aggregate  population  of  15,766,  there  occurred  24,071 
offences ;  and  these  offences  certainly  were  not  committed  equally 
among  all  the  prisoners,  for  there  were  only  7,036  prisoners 
punished ;  and  even  among  thesfe  the  great  bulk  of  the  offences 
are  committed  by  a  limited  number,  the  habitual   offenders 


ENGLAND.  299 

afptinst  the  rules.  Only  128  of  the  prisoners  discharged  in 
1871  failed  to  earn  some  remission  from  their  sentences,  while 
1,503  gained  some  remission.  Many  had  never  misconducted 
themselves  at  all,  and  a  large  proportion  had  gone  through 
their  imprisonment  of  many  years  with  only  some  trifling 
breach  of  regulations  recorded  against  them. 

It  seems  to  me  that  these  facts  are  very  important.  Tlie 
result  is  not  due  to  an  easy  and  slack  system,  under  which 
offences  are  passed  over  without  report  and  without  punish- 
ment ;  on  the  contrary,  it  will  be  apparent  even*  to  a  casual 
Tisitor,  and  is  well  known  to  those  who  are  more  intimately 
acquainted  with  the  interior  of  the  prisons,  that  order  is  strictly 
maintained,  and  that  the  discipline  is  stern. 

The  result  shows,  in  fact,  that  in  this  respect,  at  all  events, 
^nr  system  produces  the  result  it  is  intended  to  do,  but  more 
especially  it  shows  that  the  organization  of  the  department  is 
effective,  and  that  the  staff  of  officers  perform  their  duties  with 
jiesolution  and  with  judgment. 

The  plan  by  which  we  endeavour  to  bring  before  the  prisoner, 

±1  a  form  easily  intelligible  to  him,  that,  as  in  ordiuar}-  life,  the 

4idvantages  held  out  to  him  as  an  encouragement  to  industry  are 

'du'ectly  proportioned  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  by  a 

system  of  recording  the  industry  b}-  marks.     I  will  not  here 

enter  into  the  details  of  the  system — [see  Appendix  IX.] — but  I 

will  state  the  principle  on  which  it  is  framed,  viz. : — 

To  every  man  is  assigned  the  duty  of  earning  a  number  of 
marks  proportioned  to  the  length  of  his  sentence.  Tliose  marks 
may  be  earned  either  at  the  lowest  i^ate,  in  which  case  he  will 
^isitYe  out  the  whole  of  his  sentence ;  or  at  the  highest  rate, 
when  he  wiU  get  off  about  one-fourth ;  or  at  any  immediate  rate, 
nhen  he  will  earn  proportionate  remission. 

The  record  by  marks  applies  not  only  to  the  amount  of  re- 
nuBsion  the  prisoner  can  gain  from  his  sentence,  but  also  to 
erery  step  in  the  class  he  passes  through  during  his  imprison- 
ment :  for  instance,  he  is  required  to  pass  at  least  a  year  in 
each  of  the  classes;  but  during  that  time  he  must  earn  a 
definite  number  of  marks,  or  else  his  promotion  is  delayed; 


i 


00  CONDITION  OF  PRISONS. 

md,  further,  the  gratuity  which  he  earns  in  each  class  is  cal 
culated  according  to  the  number  of  marks  he  earns. 

To  ensure  a  fair  value  in  marks  being  assigned  to  each  man' 
industry,  not  only  is  a  rigid  supervision  and  check  maintaine< 
on  the  working  parties  by  principal  o£Bcers,  the  chief  warder 
deputy  governor,  and  governor,  who  pay  particular  and  especia 
attention  to  this  point — [see  Appendix  IX.] — ^but  the  prisoners 
work  is  measured  by  a  staff  of  professional  officers,  employe< 
for  the  purpose,  who  act  quite  independently  of  the  regular  dis 
cipline  staff,  and  whose  measurements  are  priced  out  in  money 
and  afford  a  check  and  test  of  the  correctness  of  the  assignmen 
of  marks  of  industry. 

Every  prisoner  is  furnished  with  a  card,  on  which,  periodi 
cally,  his  earnings  in  marks  are  recorded ;  and  if  he  feels  him 
self  unfairly  dealt  with,  he  has  free  right  to  complain,  and  hi 
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,  toward 
an  advance  in  class,  in  accumulation  of  money,  and  toward 
final  remission  of  his  punishment ;  and  he  is  made  perfectly  t 
see  and  feel  that  his  own  fate  is  in  his  own  hands,  and  that  h 
has  a  something  to  work  and  to  hope  for,  more  than  the  me? 
avoidance  of  punishment. 

The  course  followed  with  regard  to  the  female  convicts  is 
the  main  the  same  as  I  have  described  with  more  particu 
reference  to  the  men.     They  may  earn,  however,  a  larger  j 
portion  of  remission,  viz.  one-third ;  and  to  those  whose  g 
conduct  and  character  justifies  the  hope  of  complete  ami 
ment,  a  further  advantage  is  held  out  by  their  being  allowc 
pqrSS  the  six  months  immediately  preceding  the  term  of 
release  in  *  Refuges  '  established  and  managed  by  private  f 
assisted  by  contributions  from  the  Government.     Here 
enjoy  the  inestimable  advantages  of  a  treatment  appros 
in  its  characteristics  to  that  of  home  infiuence ;  for  those 
blishments  are  not  prisons  either  in  appearance  or  in  dis 
— ^they  are  homes.     There  are  now  three  Refuges  for 
convicts  authorised  by  the  Secretary    of   State — the 
Memorial  Refuge  at  Winchester ;  the  Eagle  House  Re 
Hammersmith,  for  Roman  Catholics;    and   the  Wes' 
Memorial  Refuge,  lately  established  at  Streathani.    11' 


ENGLAND.  301 

passed  through  these  Eefuges  last  year,  out  of  a  total  of  275 
who  were  discharged  from  sentences  of  penal  servitude.     The 
number  availing  themselves  of  the  advantages  they  oflfer  was 
last  year  limited  by  want  of  more  accommodation,  but  the 
establishment,  by  the  Discharged  Prisoners'  Aid  Society,  of  the 
last-mentioned  Refuge  at  Streatham  has  prevented  the  possi- 
bility of  their  suflfering  this  disadvantage  again. 

It  is  at  the  conclusion  of  all  this  course  of  discipline,  punish- 
ment, and  reformation,  when  the  prisoner  is  again  to  be  thrown 
on  his  own  resources,  and  left  to  his  own  guidance  to  face  the 
trials  and  meet  the  temptations  to  which  he  has  before,  once 
or  oftener,  succumbed,  that  occurs  the  greatest  difficulty  to 
those  who  hope  either  by  fear  or  reformation  to  have  at  least 
caused  a  prisoner  to  wish  to  do  well  on  his  release. 

In  Great  Britain  there  are  two  influences  brought  to  bear  on 

3-  discharged  prisoner.     First,  he  is  placed  for  a  limited  time 

^der  the  supervision  of  the  police  to  such  an  extent  as  to 

satisfy  them  that  he  is  not  falling  again  into  a  career  of  crime, 

%  in  case  he  should  do  so,  to  ensure  his  being  speedily  re- 

^tted  to  undergo  further  discipline  in  prison. —  [See  Appendix 

^^•]     Secondly,  he  is  offered  the  assistance  of  private  societies 

^^^blished  expressly  for  the  purpose  of  aiding  discharged  pri- 

^^ers  in  their  efforts  to  maintain  themselves  by  honest  labour. 

^®   Government,  feeling  that  a  work  of  this  nature   is  one 

''^ch  ought  to  be  ca,rried  out  by  private  efforts,  stilljlook  with 

^^^t  favour  on  these  societies,  and  in  fact  in  every  reasonable 

^y>  so  far  as  they  judiciously  can,  encourage  prisoners  to  take 

'^'^ajitage  of  their  aid. 

In  the  reports  of  the  Directors  of  Convict  Prisons  will  be 

^^^xid  for  some  years  past  the  number  of  prisoners  whom  these 

^^cieties  have  aided.     During  the  year  1871  nearly  half  the 

^^^e  prisoners  who  were  discharged,  and  more  than  two-thirds 

*  the  females,  were  assisted  in  this  manner. 


302 


CONDITION  OF  PRISONS. 


Return  of  the  Number  of  Male  Convicts  discharged  from  Convict  Prisons 
during  the  Year  1871,  showing  those  who  went  to  Prisoners^  Aid 
Societies. 


PtLbods. 


Di»;harged  Prisoners*  Aid  SocietiM. 


Millbank 

Pentonville 

Portland 

Portsmouth 

Chatham 

Parkhurst 

I>drtmoor 

Woking 

Brixton 


Total 


8 
25 


Han-  West 
Chester      Derby 

and  I  Hun- 
Salford.      drcd. 


Staf- 
ford. 


Liver- 
pool. 


■    Not 
Total,    to  any 
Society. 


Total 


I 


8 
26 


126 

8 

15  1 

17 

— 

22 

188 

73 

8 

7  , 

17 

1 

3 

— 

109 

135 

2 

— 

12 

1 

150 

35 

7 

5 

5 

5 

1 

.  — 

58 

24 

6 

2 

8 

— 

3 

— 

43 

.  31 

3 

2 

2 

1 

2 

41 

1 

2 

3 

21 

473 

35 

33 

64 

• 

6 

31 

2 

644 

41 
21 

153 
77 

140 
84 

114 
67 
45 


49 

47 
341 
186 
290 
142 
157 
108 

66 


748 


1,396 


It  is  a  work  of  charity  which  for  every  reason  it  is  desirable 
to  encourage  and  develop,  for  nothing  can  be  imagined  more 
hopeless  than  the  condition  of  a  man  cast  out  on  the  world 
with  a  ruined  character  and  without  friends  to  help  him,  sur- 
rounded by  temptations  from  which  he  has  been  long  removed, 
or  open  to  the  influence  of  former  evil  associates. 

For  centuries  Great  Britain  has  taken  advantage  of  the 
various  waste  lands  of  the  globe,  to  deport  to  them  her  criminal 
population,  effecting  thus  the  double  object  of  developing  coun- 
tries which  but  for  such  aid  might  never  have  been  the  seats 
of  such  thriving  communities  as  now  exist  there ;  at  the  same 
time  achieving  the  object  of  preventing  the  formation  of  a 
criminal  class  in  this  country ;  whilst  as  regards  the  criminal 
himself,  who,  so  long  as  he  remained  in  England,  would  have 
found  it  difficult  to  be  anything  but  a  criminal,  he  found  him- 
self placed  in  such  a  position  that  by  industry  and  honesty  he 
would  surely  gain  an  ample  reward,  and  where  crime  offered 
less  inducements  than  a  steady  respectable  life.  This  resource 
is  now  lost  to  us,  ^nd  we  should  well  consider  the  consequences 
it  must  have,  and  take  timely  steps  to  avert  the  consequences 
such  as  are  referred  to  in  the  evidence  given  before  the  Com- 
mittee on  Prisons  and  Punishments  in  1847. 

A  report  from  Mr.  W.  Bayne  .Eanken,  Honorary  Secretary 


ENGLAND.  .  803 

of  the  Discharged  Prisoners'  Aid  Society,  in  London  (which 
may  be  taken  to  represent  these  institutions,  as  the  number  of 
cases  it  undertakes  exceeds  by  far  that  of  any  other  such 
Society),  will  serve  to  elucidate  the  principles  and  results  of 
the  work  undertaken  by  these  Societies : — '  The  total  number 
we  have  assisted  since  our  establishment  in  1857  is  7,111  up  to- 
the  present  time,  and  of  this  number  6,528  are  male  convicts,, 
and  583  females.  Of  the  men  we  continue  to  receive,  not  only 
^til  the  expiration  of  their  licence,  but  in  many  instances  long 
afterwards,  most  satisfactory  reports. 

*  It  cannot  be  denied  that  among  the  large  number  of  dis- 
^^ged  prisoners  aided  by  us  certain  cases  have  proved  un- 
satisfactory ;  but,  as  far  as  we  know,  the  vast  majority  of  persons 
^6  have  assisted  have  entered  on  and  been  established  in  a 
^spectable  course  of  living. 

*  With  regard  to  women  we  were  particularly  fortunate,  and 

fiot  only  have  many  women  obtained  respectable   situations 

*^Ugh  the  instrumentality  of  our  Society,  but  have  evinced 

^^ir  thankfulness  by  writing  most  grateful  letters,  and  calling 

^^  time  to  time  at  our  office  to  express  their  obligation  to 

^^  Society,  bringing  in  more  than  one  instance  contributiona 

^^  their  scanty  wages  to  "  help  some  other  poor  thing." 

*  \Vith  regard  to  the  men  we  help,  on  their  arriving  at  our 
^ce,  they  are  questioned  as  to  their  prospects  and  wishes  for 

,     ^  future  ;  are  furnished  (from  the  gratuities  they  have  earned 
prison,  which  are  paid  at  their  own  request  ipto  the  hands* 
^^   the  Society)  with  pocket-money,  and  provided  with  suitable 
''^tilling ;  they  are  placed,  if  remaining  in  London,  in  respect- 
^l^  lodging-houses  known  to  the  Society's  agents,  and  then 
"'^^^^  effort  is  used  to  get  them  respectable  and  suitable  em- 
'  ''-^yment ;  many  are  sent  to  join  their  relatives  and  friends,, 
^^n  they  have  any  who  are  respectable,  and  who  are  ready 
willing  to  assist  them.     Some  obtain  berths  on  board  ship,, 
many   get  work   of  various   kinds   in   the  Metropolitan 
ict.  . 

*  It  is,  in  my  opinion,  most  undesirable  to  dwell  too  much  or 
er  too  fully  into  the  description  of  work  such  men  obtain,  or- 

publicity  to  the  names  of  the  large  employers  of  labour 

are  kind  enough  to  aid  these  unfortunate  persons.     Any 

^^ct  knowledge  can  always  be  obtained  by  an  ins|)ection  of  the 


^04 


CONDITION  OF  PRISONS. 


Society's  books,  whicli  are  always  to  be  seen  at  the  office, 
39  Charing  Cross. 

^  The  men  employed  in  the  Metropolitan  district  are  visited 
periodically  by  agents  of  the  Society,  and  a  dally  report  is 
made  by  these  agents  of  the  cases  they  have  visited  the  previous 
day;  these  reports  are  verified  by  the  secretary.  A  corre- 
spondence is  also  kept  up  with  the  chief  constable  of  any  place 
to  which  a  man  is  sent  beyond  the  Metropolitan  district,  and 
communications  respecting  him  opened  with  any  magistrate  or 
clergyman  likely  to  interest  himself  on  his  behalf. 

*  The  diminution  of  crime,  in  my  opinion,  is  owing  in  a  con- 
siderable degree  to  the  eflForts  of  this  Society,  and  still  more  to 
the  strict  discipline  now  maintained  in  convict  prisons,  which 
renders  men  who  have  once  been  convicted  to  penal  servitude 
most  unwilling  again  to  run  the  same  risk. 

*  At  our  office  our  clerk  and  agents  are  constantly  told  by 
discharged  prisoners  that  they  will  do  anything  to  avoid  going 
back  to  prison ;  nine-tenths  of  them  say  so  now,  whereas  a  few 
years  ago  they  made  comparatively  light  of  the  prospect  of 
future  imprisonment.  The  two  deterrent  causes  work  ad- 
mirably together — the  dread  of  re- conviction,  the  assistance  to 
avoid  it  and  to  enable  the  men  to  become  honest  if  they  really 
wish  to  do  so.  They  have  now  every  reason  to  avoid  crime, 
every  inducement  to  try  and  earn  a  respectable  livelihood.' 

Return  of  the  Number  of  Female  Convicts  discharged  froni  Convict  PiHsons 
during  the  Year  1871,  showing  those  who  went  to  Prisoners^  Aid 
Societies  and  Refuges, 


'Prisona. 


Millbank 

Woking 

Fulham 


Total 


MistiioQ  to 
Woman 
D.  P.  A. 
Society. 


2 
19 

7 


28 


Refuge, 
Batteiry 
House,  Win- 
chester. 


Itefuge, 

Eatrlc  Uonw, 

Hammer. 

smith. 


Total. 


40 
66 

1 
47 
23 

3 

106 

96 

106 


71 


205 


Having  thus  given  a  general  view  of  the  course  a  prisoner 
goes  through  in  fulfilling  a  sentence  of  penal  servitude,  I  will 
enter  more  fully  into  the  manner  in  which  some  parts  of  it  are 
carried  out. 


ENGLAND.  305 

It  has  for  many  years  been  an  established  principle  in  English 
prisons  to  endeavour  to  instil  into  the  convicts  habits  of  industry, 
to  develop  their  intelligence  by  employing  them  on  industrial 
labour,  and  to  facilitate  their  entering  the  ranks  of  honest  in- 
dustry on  their  discharge,  by  giving  them  facilities  for  ac- 
quiring 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  labour  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  318,633?.,  and  in 

the  same  period  the  earnings  of  the  convicts  amounted  to 

228,244Z.,  or  22/.  19s.  4^d.  per  head  on  the  average  number. 

The  net  cost  of  the  prisons,  after  deducting  the  value  of  the 

prisoners'  labour,  amounts  only  to  85,389/.,  or  8/.  10.«?.  per  head. 

The  following  extract  from  a  paper  prepared  in  1871  shows 

s-officiently  the  practice  in  this  respect  in  the  English  prisons, 

the  results  attained,  both  those  for  short  sentences  and  the 

ovemment  prisons  where  sentences  of  penal  servitude   are 

c?  curried  out : — 

'There  are  three  objects  to  be  attained  by  the  employment 
of  prisoners  at  labour :  First,  to  create  a  deterrent  effect  on 
tilzLe  prisoner  himself,  and  on  the  criminal  class ;  secondly,  to 
P'^uce  a  reformatory  effect  on  the  prisoner  himself;  and, 
tliirdly,  to  recoup,  as  far  as  possible,  the  cost  of  maintaining 


the 


prison 


9 


There  are  certain  matters  I  should  advert  to  here,  because 
they  materially  affect  the  difficult  problems  we  have  to  solve. 

let,  A  large  number  of  prisoners  are  persons  who  are  abso- 
lutely unable,  or  find  it  extremely  difficult,  through  mental  or 
Physical  incapacity,  to  earn  their  livelihood,  even  under  favour- 
'^We  cirenmstances.   Of  the  8,362  men  now  serving  out  sentences 
^f  penal  servitude  in  England,  no  less  than  252  are  absolutely 
Vuiatic  or  weak-minded,  308  are  subject  to  bodily  infirmities 
^^dk  render  them  unable  to  earn  a  living,  and  1,140  are  fit 
^y  for  the  lighter  kinds  of  labour,  making  in  all  1,700,  or 
^  per  cent,  of  the  whole.     Of  the  women,  out  of  a  total  of 
•Inmt  1,300^  86  are  lunatic  or  weak-minded,  79  permanently 


306  CONDITION  OF  PRISONS. 

incapacitated  from  earning  a  living,  and  110  fit  only  for  light 
labour,  making  in  all  225,  or  17  per  cent.  These  people,  even 
if  they  were  out  of  prison,  would  still  be,  in  a  greater  or  less 
degree,  a  charge  on  the  public;  it  is  hopeless,  therefore,  to 
expect  them  to  repay  by  their  labour  the  cost  of  their  custody 
and  maintenance  in  prison. 

2nd.  Prison  labour  must  always  be  carried  on  under  the  dis- 
advantage of  being  without  that  stimulus  to  industry  which  is 
afforded  by  the  prospect  of  immediate  benefit  as  a  result  of  it. 
In  some  foreign  countries,  where  great  weight  is  given  to  the 
object  of  making  the  prisons  pay,  the  prisoners  are  allowed  to 
draw  and  to  expend  a  certain  portion  of  their  earnings  on  various 
small  luxuries,  such  as  additional  and  better  food,  tobacco,  &c.; 
a  certain  other  portion  is  set  aside  for  them  on  their  discharge, 
and  the  Government  takes  the  remainder. 

In  convict  prisons  in  England  the  system  did  at  one  time 
allow  a  prisoner  to  profit  more  or  less  directly  by  his  industry, 
by  obtaining  more  or  better  food  in  prison,  and  a  larger  sum  of 
money  on  discharge.  This  gave  rise  to  a  great  deal  of  hostile 
criticism.  It  was  said  that  prisoners  might  be  better  oflF  in 
regard  of  food  than  many  an  honest  poor  man,  and  that  this, 
with  the  fact  of  his  possessing  a  sum  of  money  on  discharge, 
which  an  honest  hard-working  labourer  would  be  unable  to  ac- 
cumulate, produced  a  comparison  too  much  in  iGEtvour  of  a  dis- 
honest instead  of  an  honest  career.  Public  opinion  therefore 
demanded  that  the  condition  of  prisoners  throughout  their 
sentence  should  be  that  of  having  only  the  barest  necessaries  in 
the  way  of  food,  and  just  sufficient  money  on  discharge  to  enable 
them  to  maintain  themselves  while  seeking  employment ;  and 
this  principle,  which  I  believe  to  be  a  correct  one,  was  adopted 
by  a  Eoyal  Commission  which  inquired  into  the  subject  of  prison 
management  in  1863,  and  carried  out  by  the  direction  of  the 
Government. 

The  only  stimulus  we  can  afford  to  a  prisoner,  therefore,  is 
that  of  gaining  by  his  industry  a  remission  of  some  portion  of 
his  sentence,  of  improving  his  prison  class,  or  that  of  punishing 
him  if  he  is  idle.  Even  with  only  these  means  we  are  able,  by 
steady  supervision,  to  obtain  very  good  results,  as  I  shall  be 
able  to  show.  But  there  are  prisoners,  chiefly  the  habitual 
class,  who  actually  prefer  any  punishment  which  involves  a 


ENGLAND.  307 

partial  relief  from  labour  to  the  steady  industry  required  on  the 
public  works. 

8rd.  A  great  deal  of  opposition  is  made  to  the  Government, 
either  local  or  central,  entering  the  market  as  manufacturers, 
and  competing  with  free  labour.  Of  course  this  is  utterly  un- 
reasonable, but  that  does  not  prevent  its  having  a  certain  effect. 
The  particular  trade  which  happens  to  suffer  from  the  compe- 
tition of  prison  labour  is  naturally  loud  in  its  outcries,  and  can 
always  find  active  advocates ;  and,  on  the  principle  that  every- 
body's business  is  nobody's  business,  this  agitation  is  not 
counterbalanced  by  a  corresponding  agitation  on  behalf  of  the 
public,  and  in  aid  of  those  who  act  in  the  public  interest.  The 
customs  of  trade-societies  are  aJso  adverse  to  the  action  of 
Government  in  this  way ;  and  I  have  lately  seen  that  a  certain 
trade-society  has  passed  resolutions  against  being  subjected  to 
the  competition  of  prison  labour. 

It  is  so  obvious  as  hardly  to  require  stating^  that  as  persons 
'who  are  earning  a  livelihood  while  free  are  competing  with 
somebody  or  other,  so  it  is  perfectly  reasonable  that  they  should 
^^ork,  and  therefore  compete  equally,  after  being  put  in  prison. 
^There  is,  however,  some  limit  to  the  degree  in  which  prisons 
should  be  converted  into  manufacturing  establishments.      I 
<3oubt  whether  such  employment  should  be  carried  on  as  re- 
quires the  purchase  from  public  funds  of  a  large  and  expensive 
plant  and  machinery,  the  value  of  work  done  by  which  would 
^ar  a  great  proportion  to  the  value  of  the  prisoners'  labour, 
because  in  such  a  case  it  is  not  merely  competition  against 
prison  labour,  but  against  Government  capital.    The  circum- 
^i^QJices  of  a  prison  render  the  profit  a  secondary  transaction, 
^d.  moreover  it  cannot  be  ensured  that  in  a  Government  estab- 
™ixment  the  profit  will  always  be  so  narrowly  looked  after  as  if 
it   "Were  private  property,  so  that  the  profit  which  should  be 
^**iied  by  the  public  money  so  expended  ia  liable  to  be  neglected 
^  £xrgotten,  and  this  would  enable  the  goocU  made  to  be  sold 
^cheaper  rate,  and  so  to  cause  undue  disadvantage  to  the 
^^^  workman.    Many  of  the  disadvantages,  whiich  attend  the 
syitem  of  making  prisons  into  manufjEtctories  are  avoided  by 
performing  in  them  work  required  by  the  Government,  either 
<36nfaul  or  local,  and  certainly  work  of  this  kind  should  be  pre- 
fered  to  any  other. 

X  2 


308  CONDITION  OF  PRISONS. 

I  can  now  continue  the  main  question.  The  most  practical 
way  of  carrying  out  the  ideas  I  have  stated,  as  *  to  the  three 
aims  of  prison  employment — viz.,  deterrent,  reformatory,  pecu- 
niary— is  to  divide  the  period  of  punishment  into  difiFerent 
stages,  during  one  of  which  the  penal  or  deterrent  object  should 
be  considered  almost  exclusively:  during  the  other,  the  re- 
formatory  and  pecuniary  may  prevail  in  various  degrees. 

The  most  effective  system  of  continuous  punishment  we  can 
carry  out  consists  of  strict  isolation,  diet  reduced  down  to  the 
barest  necessaries,  deprivation  of  all  the  comforts  which  men 
of  the  prisoner  class  usually  allow  themselves,  and  among  these 
I  may  mention  the  comfort  to  them  of  being  dirty,  for  many  of 
those  who  visit  our  prisons  remark  on  the  cells  being  so  *  clean 
and  comfortable,*  whereas  many  prisoners  if  they  expressed 
their  ideas  on  the  subject,  would  call  them  *  clean  and  uncom- 
fortable.' In  addition  to  these  is  the  punishment  of  hard,  dull, 
useless,  uninteresting,  monotonous  labour. 

There  is  a  limit  to  the  time  during  which  a  prisoner  can  be 
advantageously  subjected  to  these  punishments.  Labour  of  the 
kind  I  have  last  mentioned  is  decidedly  brutalising  in  its  effects. 
If  it  is  desirable  to  resort  to  it  for  its  penal  effect,  it  must  not 
be  continued  for  too  long  a  period.  To  men  of  any  intelligence 
it  is  irritating,  depressing,  and  debasing  to  the  mental  faculties ; 
to  those  already  of  a  low  type  of  intelligence,  it  is  too  conform- 
able to  their  state  of  mind,  out  of  which  it  is  most  desirable 
that  they  should  be  raised.  The  period  during  which  isolation 
can  be  strictly  carried  out  is  also  limited. 

When  a  prisoner's  sentence  is  very  short,  there  is  obviouslj'- 
no  time  to  do  much  in  the  way  of  reforming  by  labour,  and  the 
exclusively  penal  stage  will  occupy  the  whole  of  his  time  in 
prison. 

In  some  rules  lately  drawn  up  by  the  Directors  of  Convict 
Prisons,  for  military  prisoners  who  are  under  their  management 
undergoing  short  sentences,  it  is  provided  that  during  the  first 
month  the  strictest  penal  labour  shall  be  enforced,  such  as 
crank  in  solitude,  or  pumping.  After  this,  more  interesting 
labour  is  allowed  them,  always  in  isolation.  It  is  in  this  stage 
that  the  difficult  problem  arises  of  providing  suitable  employ- 
ment, which  shall  fulfil  the  necessary  conditions  and  yet  be 
remunerative.    It  is  obvious  that  it  must  be  such  as  can  readily 


ENGL.A.ND. 


309 


be  acquired  by  unskilled  persons,  capable  of  being  carried  on  in 
isolation,  and  not  too  easy,  as  prisoners  should  (when  capable) 
be  employed  on  hard  labour.  Work  which  can  be  performed 
weU  by  machinery  is  not  likely  to  pay. 

The  employments  which  have  been  introduced  into  county 
and  borough  prisons  are:  grinding  corn  by  tread  wheel  or 
crank;  weaving  cocoa-nut  mats  or  carpets,  or  woollen  and 
linen  stuffs;  matmaking,  sawing  firewood;  tin  work.  Flax 
scatching  has  lately  been  recommended  by  Dr.  Briscoe.  Ship 
fender  making  is  profitably  followed  in  the  neighbourhood  of 
seaports. 

In  those  government  prisons  in  which  the  period  of  isolation 
is  carried  out  for  nine  months,  the  following  are  some  employ- 
ments carried  on  by  prisoners  in  this  stage : — 


Arcrage  carnlngB  per  day. 

Tailoring 

r^d.  to  9^(7. 

Shoemaking 

7^d.  „  Is.  Id, 

Matmakirg 

b^d.  „  6hd. 

Weaving 

Sd.     „  li^d. 

Knitting 

2d.     „  2^(7. 

Oaknm-picking,  which  is  carried  on 

mainly  for  the  penal  character  of 

the  work 

id.  „     ^d. 

Shoe  closing  (for  women)  . 

Od. 

Needlework 

*Sd.     „  bd. 

Basket-making 

Is,     „  l,*?.  6d. 

Of 


Matmaking  is  an  industry  carried  on  in  a  very  large  number* 


prisons  in  England,  and,  in   fact,  it  is  so  general  that  I 


r^^'Xeve  the  prisons  actually  compete  with  one  another  for  cus- 
^  in  this  trade. 

^llie  cost  of  a  prisoner  may  fairly  be  taken  at  267.  per  annum, 
,^j  least  the  actual  cost  at  the  county  and  borough  prisons 
T^^es  from  167.  per  annum  up  to  1397.  in  one  case.     There  are 


^ 
^ 


^Jiy  prisons  in  which  no  earnings  are  made  at  all,  and  the 

^^  profiitable  do  not  earn  more  than  one-fourth  or  one-fifth 

*  their  cost ;  very  few,  indeed,  come  up  to  this  result,  so  it  is 

^^ar  that  the  problem  of  finding  remunerative  labour  for  pri- 

^lers  in  this  stage  has  not  been  solved. 

,|      ii  our  government  prisons,  after  the  usual  nine   months' 

^^oour  in  isolation  has  been  passed,  prisoners  are  transferred 

^^   other  establishments,  where  they  work  in  association.     As 


810  CONDITION  OF  PRISONS. 

the  conditions  under  which  they  work  in  this  stage  more 
resemble  those  which  prevail  outside,  it  is  obvious  there  is  more 
chance  of  the  work  being  such  as  may  be  useful  to  them  on 
the  conclusion  of  their  sentences,  of  their  being  taught  useful 
trades,  and  of  the  work  being  made  to  pay.  Outdoor  employ- 
ment is  best  in  every  way,  it  is  healthiest  both  for  body  and 
mind,  and  generally  requires  less  skill. 

Some  years  ago,  these  convicts  were  employed  in  jobbing 
work  about  the  dockyards,  they  worked  in  chains,  scattered  in 
gangs  over  the  yard,  and  a  great  deal  of  the  work  was  mere 
brute  labour,  such  as  dragging  heavy  loads,  which  would  have 
been  done  far  better  and  cheaper  by  horses.  Such  work  is 
neither  reformatory  nor  remunerative.  The  first  improvement 
on  this  system  was  when  the  convict  prison  at  Portland  was 
opened  in  1847,  the  prisoners  being  employed  in  quarrying 
stone  for  the  construction  of  the  breakwater,*  and  in  1860,  when 
Dartmoor  Prison  was  opened,  the  work  for  the  prisoners  being 
that  of  reclaiming  the  moorland  and  converting  it  into  a  farm. 
It  was  a  bold  experiment  to  depart  so  far  from  previous  prac- 
tice as  to  employ  1,600  prisoners  in  the  open  country  without 
*  any. wall  to  keep  them  in,  or  any  chains  to  hamper  their  move- 
ments, but  it  was  completely  justified  by  the  result,  and  there 
has  never,  during  the  whole  twenty-two  years,  been  any  diffi- 
culty in  controlling  the  prisoners  or  ensuring  their  safe  custody. 
Work  of  this  kind  answers  many  of  the  conditions,  but  it  cannot 
be  said  to  pay.  The  land  is  of  the  poorest  description,  the  cli- 
mate very  unfavourable,  and  much  preliminary  labour  is  neces- 
sary in  draining,  and  dealing  away  the  rocks.  If  Government 
should  utilise  the  prisoners'  labour  by  farming,  it  would  be 
better  to  take  good  land  and  make  tlie  best  of  it,  instead  of  bad 
land,  on  which  much  of  the  labour  is  thrown  away. 

The  best  system  ever  devised  for  the  employment  of  convicts 
is  that  of  executing  large  public  works  by  means  of  their  labour. 
It  furnishes  them  a  means  for  their  acquiring  a  variety  of  trades 
which  will  be  useful  to  them  on  their  discharge.  This  is  an 
advantage  which  is  largely  made  use  of,  and  it  is  highly  appre- 
ciated by  the  prisoners.  It  is  more  interesting,  and  therefore 
more  likely  to  make  the  prisoners  fall  into  habits  of  useful 

*  The  formal  declaration,  by  the  Prince  of  Wales,  of  the  completion  of  the  Break- 
water, took  place  on  August  10,  1872. 


ENGLAND.  311 

indastry  than  if  they  were  always  employed  at  work  which 
most  present  labour  in  the  most  repulsive  form  to  their  minds. 
The  prisons  in  which  works  of  this  nature  are  carried  on  do 
absolutely  perform  work  to  an  amount  equal  to,  and  sometimes 
beyond,  their  expenses.  I^astly,  important  works  may  some- 
times be  executed  by  this  means,  which  the  public  might  not 
be  always  willing  to  pay  for  in  money,  because,  while  only  a 
comparatively  few  may  quite  understand  their  importance, 
everybody  appreciates  and  inclines  to  oppose  a  proposal  to 
increase  debt  or  taxation. 

The  earnings  of  the  convicts  at  Portland,  Portsmouth,  and 
Cliatham,  during  the  year  1871,  amounted  to  149,745?.,  ex- 
clusive of  the  value  of  any  work  which  they  performed  for  the 
D^eie  carrying  on  of  the  prison,  such  as  baking,  cooking,  wash- 
^^Sf  repairing  clothes,  and  so  on,  all  of  which  are  of  course 
done  by  prisoners.  The  cost  of  maintaining  these  prisons  in 
^^^1-2  was  131,986/.,  in  which  sum  is  included  the  cost  of 
Maintaining  those  who,  from  sickness  or  from  being  under 
special  punishment,  or  for  other  reasons,  added  nothing  to  the 
^^-iiiiiigs ;  and  it  includes  also  the  cost  of  conveying  the  con- 
^^ts  under  escort  to  the  prisons,  and  removing  them  on 
^^iration  of  their  sentences,  and  the  amount  of  gratuities  paid 
^  tlxem  to  maintain  themselves  while  seeking  employment  on 
^charge.  There  is  a  clear  balance,  therefore,  in  favour  of 
^liese  prisons  of  17,759Z. 

The  greatest  care  is  taken  that  the  earnings  should  be  cor- 

f^ctly  calculated  and  truly  stated.    A  staff  of  men  is  employed, 

^to8e  business  it   is   to   measure   the   prisoners'   work.      A 

^l^edule  of  prices  for  the  labour  has  been  formed  (not  by  the 

^^vict  department  alone,  but  in  conjunction  with  the  Admi- 

^ty  and  War  Departments),  which  correctly  represents  the 

^^ount  which  would  be  paiiJ  by  those  departments  to  a  con- 

tiUctor  for   work   of  a  nature   similar  to  that  done   by  the 

convicts.     The  work  measured  is  then  priced  out  at  the  rates 

P^^n  in  the  schedule,   and  an  abstract,  given    as    fully   as 

P^sible,  is  furnished  every  year  in  the  Eeport  of  the  Directors 

<>f  Convict  Prisons. 

To  give  some  idea  of  the  public  works  done  by  convicts  since 
the  system  was  introduced,  I  may  state  that,  at  Portland  con- 
^^^  prison  labour  has  been  employed  in  quarrying  the  stone 


312  CONDITION  OF  PRISONS. 

for  the  construction  of  the  breakwater,  a  stone  dam  in  the  sea, 
nearly  two  miles  in  length,  and  running  into  water  fifty  or  sixty 
feet  deep ;  they  have  also  done  the  principal  part  of  the  works 
of  defence  intended  to  prevent  an  enemy  obtaining  possession 
of  the  island ;  and  I  may  say,  en  passant^  that  these  works  are, 
in  my  opinion,  impregnable  to  any  attack  except  blockade  and 
starvation  of  the  garrison — a  contingency  which  is  out  of  the 
question.* 

In  executing  these  works,  every  variety  of  mechanics'  work 
necessary  in  building  or  engineering  has  been  executed  by  con- 
victs— quarrying,  and  dressing,  and  placing  the  stone,  all  sorts 
of  carpentry,  casting  and  forging  ironwork,  and  so  on.  The 
large  and  extensive  plant  have  also  been  made  by  the  convicts 
and  kept  in  repair,  including  the  construction  of  the  large 
cranes  and  derricks  in  the  quarries,  and  the  laying  of  the  rails 
for  the  quarry  waggons  to  run  upon  on  their  way  to  the  place 
for  delivery  of  the  stone. 

The  extensive  works  which  have  been  undertaken  of  late 
years  at  Chatham  and  Portsmouth  for  the  enlargement  of 
these  dockyards,  have  been  largely  done  by  convict  labour. 
The  prisoners  have  been  employed  in  excavating  basins,  and 
building  the  sea-wall  and  the  dock-walls,  besides  a  vast  quantity 
of  preliminary  work,  such  as  demolishing  the  old  fortifications 
at  Portsmouth,  and  draining  St.  Mary's  Island  at  Chatham. 
The  bricks  used  in  these  works  have  been  made  by  convicts,  to 
the  number  of  77,181,545,  and  the  Portland  stone  for  them 
has  been  raised  and  worked  by  the  convicts  at  Portland  Prison. 

Work  of  a  still  higher  pecuniary  value  has  been  done  for  the 
convict  department,  in  the  building  of  new  prison  accommo- 
dation, which  has  been  rendered  necessary,  by  the  abolition  of 
transportation,  prisoners  who  would  have  been  transported 
having  now  to  be  retained  in  prisons  in  England.  Within  the 
last  few  years,  prison  accommodation  in  cells  for  1,889  pri- 
soners has  been  erected  entirely  by  convict  labour,  and  a 
number  of  accessory  buildings,  quarters  for  officers,  and  so  on. 
The  actual  cost  to  the  Government  of  these  buildings,  erected 
for  the  convict  department  during  the  last  few  years  has  been 
about  93,000Z. ;  the  same  work  done  by  contract  would  have 

*  In  Appendix  XIII.  is  given  a  Taluable  paper  by  Captain  Percy  Smith,  R.E.,  on 
the  relative  value  of  free,  convict,  and  soldier  labour. 


ENGLAND.  313 

cost  165,000Z.,  showing  a  clear  gain  by  convict  labour  of 
75,000L  in  this  comparatively  small  department  of  their  labour. 
In  these  works,  the  bricks  have  been  made  by  prisoners,  stone 
qaarried  and  dressed,  timbers  sawn  and  wrought,  and  iron  cast 
and  forged  from  the  raw  state ;  one  thing  only,  almost  the  only 
one,  we  have  bought  ready-made,  and  that  is  the  locks. 

Among  these  works  the  largest  are — a  new  prison  for  700 
women,  built  entirely  by  convicts,  new  wings  to  the  prisons  at 
Chatham  and  Portsmouth  (of  which  a  model  is  exhibited, 
showing  a  new  mode  of  ventilation  adopted).  At  Pentonville, 
an  addition  of  327  cells  has  been  made  under  rather  peculiar 
circumstances.  The  ground  space  is  so  restricted  that  the 
only  way  to  add  to  the  prison  was  by  raising  the  roof  and 
^ding  a  storey,  and  as  we  were  much  pressed  for  room,  this 
had  to  be  done  while  the  prisoners  continued  to  inhabit  the 
prison. 

I  have  said  that  all  the  mechanics'  work  of  these  buildings  is 

done  by  convicts.     It  must  not  be  supposed  that  we  found 

ihese  mechanics  ready  to  our  hands  among  the  prisoners.     Out 

of  2,245  prisoners  now  emploj'ed  at  trades,   1,650,  or  three- 

iborihs,  acquired  their  skill  in  the  prison  ;  and  these  men  will, 

it  is  thought,  on  their  discharge  be  less  likely  to  relapse  into 

^rime,  as   they  will    have  full   opportunities  of  pursuing  an 

lionest  calling.     The  governors  of  prisons  call  attention  to  the 

gi^eat  desire  exhibited  by  the  prisoners  to  acquire  knowledge 

of  trades,  so  many  being  anxious  to  learn  that  it  is  made  a 

privilege  to  be  obtained  only  by  good  conduct.     Moreover,  it  is 

'^ported  that  the  cases  of  misconduct  are  much  fewer  among 

ttiose  prisoners  employed  in  trades  than  among  others  who  are 

employed  jobbing  about,  although  the  latter  is  much  the  easier 

^ork. 

Ihe  following  return  shows  the  extent  to  which  employ- 
TB^ent  in  trades  is  carried  out  in  the  Government  prisons,  and 
the  variety  of  mechanics'  work  followed  and  taught : — 


814 


CONDITION  OF  PRISONa 


Number  of  Convicts  in  Prison  November  21,  1870,  8,114. 


Trade. 


Bakers 

Basketmakers 

Blacksmitlis 

Bookbinders 

Bricklayers 

Carpenters  . 

Chimneysweeps  . 

Cooks .        .        .        . 

Coopers 

Engineers,  mechanical 

Fitters,  Engine    . 

Fitters,  Oas 

Grardeners  . 

Grinders 

Knitters 

Locksmiths 

Masons 

Matmakers . 

Moulders    . 

Painters      . 

Plasterers    . 

Platelayers . 

Plumbers    . 

Printers 

Kiggers 

Sailmakers  . 

Sawyers,  Stone    . 

Sawyers,  Wood    . 

Shoemakers 

Slaters 

Smiths 

Stonecutters 

Strikers 

Tailors 

Tinsmiths    . 

Turners 

Weav<»rs 

Wheelwrights 


Followed 

before 
Reoeption. 


Total 


17 
1 

27 
4 

43 

70 
1 
1 
8 
2 

15 
9 
1 
1 

1 
17 

8 

32 

3 

2 

2 

19 

3 

5 

16 

149 

13 

16 

5 

20 

72 

8 

2 
2 


595 


Learnt  in 
Prison. 


19 

2 

25 

11 

222 

161 

1 

15 

3 

6 
3 
2 

33 

162 
36 

23 
8 

14 
1 
4 

3 

30 

46 

348 

1 

35 

137 

4 

275 

3 

1 

16 


1,650 


Total  employed 
as  Mechiinics. 


36 

3 

52 

15 

265 

231 

2 
16 
11 

2 
21 
12 

3 

1 
33 

1 

179 

36 

8 
55 
11 
14 

3 

6 
19 

6 

35 

62 

497 

14 

51 

142 

24 

347 

11 

1 
18 

2 


2.245 


The  greatest  desire  has  been  felt,  and  the  greatest  paL^^^ 
taken,  to  make  the  returns  of  the  value  of  the  convicts*  Ikbo^-^ 
at  all  events  true,  and  the  results  as  shown  by  the  earnings  ar"^ 
I  think,  not  unsatisfactory,  considering  that  the  men  have  ^ 
be  taken  as  they  come,  many  quite  unaccustomed  to  woir^^ 
that  they  have  no  pay,  that  the  necessities  of  safe  custody 
to  a  certain  loss  of  time  actually  at  labour,  and  that  as,  for  t' 
same  reason,  the  men  must  work  in  gangs,  it  occasion] 
happens  that  labour  must  be  wasted. 


ENGLAND.  315 

Some  comparisons  made  by  Captain  Harvey,  in  1867,  between 
a  gang  of  20  free  labourers  working  in  Portsmouth  Dockyard 
and  a  gang  of  20  convicts  working  near  them  at  the  same 
labour,  shows  very  clearly  the  difference  in  the  material  we 
have  to  deal  with,  and  the  difference  in  the  results.     The  20 
navvies  were  brought  up  to  that  work,  and,  excepting  three 
hodmen,  had  never  done  any  other.     Only  two  of  the  gang  of 
convicts  had  been  navvies  before,  the  rest  were  stokers,  sailors, 
hawkers,  spinners,  drivers,  coal-whippers,  &c.      The  navvies 
averaged  35  years  of  age,  were  5  feet  7^  inches  in  height,  36J 
in.  round  chest,  and  weighed  155  lbs.     The  convicts  averaged 
28^  years  of  age,  5  feet  5^  inches  in  height,   34^   in.   round 
chest,  and  weighed  132  lbs.     The  gang  of  navvies  drank  413 
pints  of  fluid  in  a  week  (a  good  deal  of  this  was  beer,  no  doubt). 
The  gang  of  convicts  drank  285  pints,  nothing  stronger  than 
tea  or  cocoa.      The  navvies  ate  10,808  lbs.  solid  food.     The 
convicts  ate  6,377  lbs.     In  physique,  skill,  and  diet,  the  navvies, 
therefore,   are   immeasurably   superior  to  the   convicts,   and, 
further,  from  the  requirements  of  regularity  and  security,  the 
convicts  were  a  shorter  time  actually  at  labour.     The  earning 
of  the  navvies  at  day  work  was  38.  3d.,  the  convicts  1*.  lid.,  or 
dearly  two-thirds  of  what  the  navvies  earned,  and  this,  I  believe, 
is  as  much  as  could  be  expected.     This  comparison  bears  upon 
another  point  which  has  sometimes  been  raised  in  connection 
■'V'ith  proposals  for  the  useful  employment  of  prisoners — viz., 
"W-liether  or  not  prisoners  should  be  employed  at  the  trades 
'^^^liich  they  have  followed  before  conviction.     My  own  impres- 
sion is,  and  our  actual  practice  is,  to  do  so  as  far  as  j^racticable, 
^Xid  excluding  the  period  during  which  penal  labour  is  enforced. 
«"Ot,  practically,  it  is  not  possible  to  carry  out  the  i*ule  at  all 
S^^erally,  because  many  of  the  occupations  followed  by  prisoners 
^"^xtside  are  not  such  as  are  j)0ssible  in  a  prison,  such  as  shop- 
*^©€per8  or  servants,  hawkers,  drivers,  miners,  &c.,  and  many 
^tlers  would  require  the  provision  of  tools,  special  workshops, 
^^d  80  on,  which  it  would  not  pay  to  establish  without  the 
certainty  of  providing  a  continual  current  of  men  through^the 
prisons  to  carry  on  the  trades  in  question. 

Some  account  ought  to  be  given  of  the  organization  of  the 
^^cpartment  for  managing  the  prisons  in  England.  The  Secre- 
'^'y  of  State  for  the  Home  Department  is  the  supreme  head  of 


316  ^    CONDITION   OF  PRISONS. 

all  prisons  in  Great  Britain.  All  regulations  are  issued  under 
his  authority  and  with  his  approval,  and  must,  of  course,  be 
consistent  with  the  Acts  of  Parliament.  But  with  regard  to 
the  county  and  borough  prisons,  the  means  of  enforcing  the 
authority  of  the  Secretary  of  State  are  very  imperfect.  The 
immediate  control  of  these  establishments  is  with  the  local 
magistrates,  and  the  only  manner  in  which  practically  the 
Secretary  of  State  can  enforce  his  authority  is  by  withholding 
a  certain  contribution  allowed  by  the  Treasury  if  any  prisons 
do  not  fulfil  his  directions. 

As  means  of  satisfying  the  Secretary  of  State  as  to  the  con- 
dition of  these  prisons,  there  are  appointed,  under  Acts  of 
Parliament,  the  Surveyor-General  of  Prisons,  who  is  his  adviser 
on  all  questions  of  prison  construction,  and. the  Inspectors  of 
Prisons,  whose  duty  it  is  to  visit  and  report  on  the  manner  in 
which  the  Acts  and  orders  relating  to  prisons  are  carried  out, 
but  who  have  no  authority  whatever  in  the  prisons. 

The  Government  prisons  are  managed,  under  the  Secretary  of 
State,  by  the  Director  of  Convict  Prisons  (who  have  recently 
been  made  also  Inspectors  of  Military  Prisons).  They  act  under 
the  Chairman  of  the  Directors. 

The  office  of  Surveyor-General  of  Prisons  (referred  to  above), 
Chairman  of  the  Directors  of  Convict  Prisons,  and  Inspector- 
General  of  Military  Prisons,  created  by  different  Acts  of  Par- 
liament, are  united  in  the  same  person. 

The  military  prisons  "have  recently  been  placed  under  the 
immediate  control  of  the  Inspector-General  of  Military  Prisons, 
so  that  all  Government  prisons,  both  civil  and  military,  are 
now  managed  in  one  department ;  and  as  the  buildings  of  the 
Government  prisons  are  executed  under  the  Surveyor-General, 
it  follows  that  on  the  very  important  question  of  construction — 
but  on  that  only — one  system  prevails  throughout  all  the  prisons 
in  England. 

The  whole  of  the  financial  affairs  of  the  Government  prisons, 
the  making  of  contracts,  the  duties  of  inspection,  and  those 
duties  of  conduct  and  discipline  which  require  the  intervention 
of  higher  authority  than  the  governors  in  immediate  charge  of 
the  prisons,  are  executed  by  the  Directors. 

It  is  the  duty  of  the  Director  to  visit  every  convict  prison 
periodically,  to  see  that  the  orders  given  are  carried  out,  that 


ENGLAND.  317 

tixere  are  no  abuses  or  irregularities,  to  hear  appeals  or  requests 
from  prisoners,  anJ  to  act  magisterially  in  trying  charges 
a^l^nst  prisoners. 

rrhe  necessary  funds  are  voted  every  year  by  Parliament,  the 
Oiiectors  being  responsible  for  their  administration  according 
to   instructions  received. 

Jn  the  county  and  borough  prisons,  duties  of  the  nature 
r'elerred  to  in  the  preceding  paragraph  are  performed  by  local 
Ed^agistrates,  and  the  funds  are  provided  by  local  rates  levied 
ixxider  the  same  authority. 

Uach  prison  has  a  governor  and  one  or  two  deputy-gover- 

H-ots  ;  a  chaplain,  and,  when  necessary,  an  assistant-chaplain ; 

^    ^Soman  Catholic  priest,  when  the  number  of  Roman  Catholic 

pxrisoners  is  sufficient  to  require  it ;  a  medical  officer,  and,  in 

tii.^  majority  of  prisons,  an  assistant  medical   officer.      [See 

A-^pendix  II.]     The  governor  is  the  head  of  the  establishment, 

i^*^Kxder  him  are  more  immediately  the  discipline  staflF  of  warders, 

&o.    The  schoolmasters  are  under  the  chaplain;  and  the  in- 

S-XTnary  staff  under  the  medical  officer.     There  is  also  a  clerk 

^f  works  and  a  staff  of  permanent  officers  to   instruct  the 

px-isoners  in  their  various  trades,  and  to  measure  the  value  of 

tli^  ^ork  they  execute.     More  minute  details  on  the  staff  at 

a,nj  prison  are  to  be  found  in  the  annual  report  of  the  Directors 

^^^d  in  the  parliamentary  estimates  laid  before  the  House  of 

^^^nunons,   and   their   detailed  instructions   will    be  found  in 

*^e  rules   for  prisons.     It  must  suffice  here  to  say  that  the 

spirit  of  these  instructions  is  that,  while  it  is  always  to  be 

^^membered  that  the  prisoners  are  sentenced  to  undergo  pun- 

^liment,  the  dictates  of  humanity  are  to  be  carefully  kept  in 

^^w ;  that  all  the  officers  are  to  bear  in  mind  that  their  duty 

^  to  reform  as  well  as  to  punish,  and  that  the  conditions  to 

^^^fi^ire  good  health  of  body  are  to  be  attended  to  carefully. 

Iiwpection  of  the  prisons  will  show  that  these  instructions 
**^  practically  enforced,  and  statistics  prove  the  efficiency  of 
I     ^  organization  for  this  purpose. 

I        The  sanitary  condition  of  the  English  convict  prisons  is  fully 
^1     '^rted  on  in  detail  every  year,  and  the  statistics,  with  obser- 
*^|     Nations  by  the  medical  officers,  will  be  fdimd  in  each  report  of 
^'^  Directors. 
A.  perusal  of  these  reports  will  show  that  due  means   are 


318 


CONDITION  OF  PRISONS. 


taken  to  ensure  conditions  favoorable  to  health,  and  that  they 
obtain  the  desired  result. 

The  following  tables  show  the  death-rate  in  the  prisons  for 
the  last  seventeen  years,  and  when  it  is  considered  that  con- 
victs are,  as  a  class,  men  of  low  physical  type,  bom  and  brought 
up  under  conditions  unfavourable  to  health,  early  given  up  to 
vicious  courses,  and  with  constitutions  in  many  cases  ruined 
or  impaired  by  excess,  it  may  fairly  be  said  that  the  statistics 
of  mortality  show  that  prisoners  are  duly  cared  for  in  all  that 
pertains  to  health,  and  that  in  that  respect  the  conditions  of 
their  life,  their  habitation,  clothing,  and  diet,  are  more  favour- 
able than  they  probably  are  in  a  state  of  freedom. 

The  history  of  the  prisons  for  many  years  past  has  shown  an 
entire  absence  of  epidemics  within  them,  although  virulent 
diseases  (as  has  recently  been  the  case  with  small-pox)  may 
have  prevailed  among  the  free  population  around  them.  During 
the  progress  of  this  epidemic  through  the  country,  though  a 
few  prisoners  in  some  prisons  took  the  disease,  its  course 
therein  was  speedily  arrested  through  the  precautions  taken 
by,  or  on  the  recommendation  of,  the  medical  officers,  a  fact 
which  must  be  taken  to  prove  that  conditions  favourable  to 
the  development  or  propagation  of  disease  do  not  exist  in  the 
prisons. 


ATenie« 

Knmherof 

Death-rate 

Mean  of  each 

Triennial 

Period. 

Year. 

Number  of 
Hale  Convicts 

Deaths  among 
Male  ConvioU 

per  Thousand 
of  Male 

in  each  Tear. 

in  each  Tear. 

Convicts. 

1855     .         .         .         . 

6,513 

100 

15-4 

% 

1856     . 

6,036 

93 

15*4 

13-5 

1857     . 

6,450 

64 

9-9 

/ 

1858     . 

6,843 

104 

16*4 

1859     . 

6,466 

71 

11-0 

13-2 

1860     . 

6,396 

79 

12-8 

1861     . 

6,022 

68 

11-8 

« 

1862     . 

5,862 

54 

9-2 

11-9 

1863     . 

5,903 

90 

15-2 

1864     . 

6,055 

88 

14-5 

\ 

1865     . 

5,861 

109 

18-6 

16-9 

1866     . 

5,853 

103 

17*6 

1867     . 

6,095 

90 

14-7 

1 

13*4 

1868     . 

6,598 

79 

11-9 

1869     . 

7.186 

99    . 

.  18-7 

1870     . 

7.942 

100 

12*6 

1 

1871     . 

8.218 

110 

18-4 

■ 


ENQLAND. 


319 


Mean  Triennial. 

Atenge 

Kumber  of 

Death  per 
Thousand 

Vmnale 

Deaths 

ConTictc 

among  the 

Female 

Daily  Aversge 

In  eftch 

Female 

CoDTictn 

Number  of 

Number  of 

Deaths  per 

Tear. 

Convict  a. 

^^^^mM  T  *v  1^» 

Female 

Deaths. 

Thousand. 

^  ^VA*  • 

Conricts. 

776-9 

8 

10-2 

' 

810-8 

15 

18-5 

•       836-66 

12-33 

14-6 

922-3 

14 

15-1 

i 

1,043-4 

18 

17-2 

< 

1,188-6 

11 

9-2 

1,167-1 

16 

13-70 

1,269^3 

19 

14-9 

. 

1,204-6 

11 

9-1 

v 

1,211-2 

8 

6-6 

1,239-63 

13-33 

10-6 

1,3031 

21 

161 

1,274-3 

27 

211 

k 

1,248-2 

15 

120 

•    1,179-83 

20- 

16-9 

1.017- 

18 

17-6 

4 

1,007-7 

12 

11-9 

1 

1.104- 

12 

10-8 

1,098-8 

13 

11-76 

1,184-7 

15 

12-6 

» 

1,190- 

23 

19-3 

1,217- 

23 

18-9 

5  constraction  of  the  prisons  the  most  careful  attention 
to  the  important  questions  of  drainage  and  ventilation, 
L8  which  it  will  be  more  appropriate  to  enter  into  when 
with  the  subject  of  prison  construction,  which  I  hope 
a  subsequent  paper. 
'  prison  is  provided  with   an  hospital,  into  which  a 

•  is  taken  aa  soon  as  he  is  unable  to  carry  on  the 
r  work  of  the  prison. 

the  population  of  the  prison  is  largely  ^ompo^ed  of 
invalids,  requiring  constant  medical  care,  and  inca- 

•  exposure,  or  employment  on  public  works.  Tor  such 
I,  special  prisons  are  appointed,  the  principal  one  being 
ing,  which  is  constructed  in  a  manner  suitable  to  pri- 
of  this  class.  The  labour  exacted  of  these  prisoners  is 
ly  as  the  medical  officer  considers  most  suitable  in  each 


medical  officers  of  all  prisons  are  called  upon  monthly 
larterly  to  make  reports,  in  detail,  according  to  the 
)n8  in  the  forms  given  in  Appendix  IX. 
cost  of  maintaining  the  Grovemment  prisons  is  detailed 
rear  in  the  report  of  the  Directors.  The  following  is  a 
^  of  the  gross  cost,  and  the  cost  per  head  for  the  last 


320 


CONDITION   OF  PRISONS. 


eight    years,   not  taking   into   account   the   value   of   labour 
done : — 


Year. 

Avrratre 
Nnmlvr  of 
1       Coiivi.t-. 

Gross  Expenditure. 

Gro-w  Annual  Cost 
jMjr  Prisuner. 

i 

1 

£ 

£        .«.        d. 

1864 

7.418 

247,227 

33       6       8 

I860 

7.184 

235,773 

32     16  .    4 

1866 

6,90r) 

237,333 

34       7       4 

1867 

7/200 

244,067 

33     12.    10 

1868 

7.800 

257,307 

32     19       9 

1869 

8,578 

276,324 

32       4       3 

1870 

9,o57 

299,796 

31       7       5 

1         1871 

1 

9,934 

313.633 

31       9       4 

The  net  cost  in  1871,  after  deJuctiug  the  value  of  the  i)ri- 
soners'  labour,  was  8i.  10s.  jyer  head. 

(It  may  be  well  here  to  explain  that  the  increase  in  the 
average  number  for  the  last  two  years  is  due  to  two  causes-  - 
the  accumulation  resulting  from  the  abolition  of  transporta- 
tion ;  and  the  transfer  to  the  care  of  the  Director  of  Copvict 
Prisons  of  between  500  and  600  military  prisoners  formerly 
maintained  in  other  establishments.) 

A  discussion  intended  to  improve  our  means  of  repressing 
crime  w^ould  be  very  imperfect  if  it  was  limited  to  mere  ques- 
tions of  management  of  prisons,  whether  they  be  considered  as 
places  of  punishment  or  reformation. 

The  object  is  to  prevent  crime,  and  our  view  should  first  be 
directed  to  ascertain  the  sources  from  which  crime  springs — 
those  crimes  (that  is  to  say)  which  society  has  enacted  laws  to 
repress  and  determined  to  punish  by  the  means  under  review. 

An  investigation  of  this  branch  of  the  subject  would,  I 
believe,  show  that  all  criminals  might  be  classed  under  one  of 
the  following  heads : — 

1.  Those  who  have  been  brought  up  without  care  or  educa- 
tion, many  fi*om  their  early  years  with  criminal  associates,  and 
under  care  of  parents  of  the  criminal  class. 

2.  Those  who  are  in  the  way  of  earning  an  honest  living, 
but  who  yield  casually  to  temptation. 

3.  Those  of  the  same  class  who  deliberately  adopt  a  course 
of  crime,  either  from  a  liking  for  the  excitement,  or  from  im- 
patience of  the  slower  gain  of  an  honest  life. 


ENGLAND.  821 

4.  Those  who,  from  mental  or  bodily  incapacity,  find  the 
■difficulties  of  making  a  livelihood  so  great  that  they  resort  to 
<rime. 

5.  Those  whose  passions  or  evil  habits  have  led  to  their 
committing  crimes  of  violence. 

One  law  caimot  be  applicable  to  all  these  classes. 

To  stop  the  supply  of  the  first  class,  the  law  should,  and 
does  to  some  extent,  provide  that  children  who  are  likely  to 
dall  into  it  should  be  withdrawn  from  the  custody  of  their  neg- 
ligent or  immoral  guardians,  and  brought  up  at  the  public 
expense.  Moreover,  the  magistrates  should  not  be  able  to 
impede  the  operation  of  the  law. 

For  those  of  classes  2,  4,  and  5,  a  system  of  stem,  deterrent 
<liscipline,  with  inculcation  of  higher  moral  principles,  is  the 
'thing  needful. 

Class  3  might,  I  venture  to  think,  after  a  fair  chance  was 
once  or  twice  given  them,  be  locked  up  invariably  for  very 
long  periods,  as  the  only  way  of  protecting  society  against 
"them,  and  preventing  them  developing  a  class  of  criminals  as 
l3ad  as  themselves. 

The  account  which  I  have  given  of  the  English  convict 
system  is  necessarily  brief,  but  I  hope  it  has  been  sufficient  to 
indicate  the  principles  on  which  it  is  framed. 

I  shall  be  satisfied  if  I  should  succeed  in  directing  attention 
te  the  great  mass  of  experience  afforded  by  the  various  systems 
We  have  tried  in  the  Colonies  and  at  home,  and  shall  have 
*hown  that  our  lessons  have  not  been  lost  upon  ourselves,  but 
that  we  may  feirly  claim  to  have  established  a  system,  not  of 
^"QTse  incapable  of  improvements,  but  which,  carried  out  as  it 
^  by  a  staff  of  earnest  and  faithfol  officers,  animated  by  the 
**^le  desire  of  doing  their  duty,  has  undeniably  produced 
'    Aesiiable  results. 

E.  F.  Du  Cane,  Major  E.E., 

Surveyor-General  of  Prisons. 

^  ^tHiament  Street,  Westminster. 


822 


CONDITION  OF  PBISONS. 


APPENDIX. 


APPENDIX  I. 


Aooonunodation  in  Conviot  Prisons  in  Great  Britain. 

Frlflon. 

AsMcia* 
tion. 

Separate. 

Total. 

Piinish- 
inent. 

Infirmary. 

1 

s 
1 

Q 

eo 

i 

1 

a 

S 
1 

.2 

3 

rMillbank  . 
PentoDTille 
Perth  and  PaUlej 

Total    . 

Toptland    . 
Portsmouth 
Chatham    . 

Total    . 

Dartmoor . 
Woking  (invalids) 
Brixton  (light  labonr) . 
Parkhurst  (invalids)    . 

Total    . 

140 

792 

-1,000 

130 

932 

1,000 

130 

4 

71 
22 

93 

1 
1 

140 

1,922 

2,062 

4 

2, 

— 

1,466 
1,266 
1,637 

1,466 
1,266 
1,637 

76 
60 

74 

86 
33 
85 

204 

1, 
1, 
1, 

4,858 

4,368 

210 

4, 

296* 
274 

64 

688 
300 
626 
443 

884 
674 
626 
497 

29 
12 
15 
16 

84 

150 

30 

44 

k 

624 

1,957 

2,681 

71 

308 

2, 

P4 

Total— Males 

764 

8,237 

9,001 

286 

606 

35 
46 

9, 

liillbank    . 
Pulham      .        • 
Woking      .        .   ■     . 

^    Total — ^Females 

186 

69 
276 
708 

265 
276 

708 

30 
15 
27 

186 

1,053 

1,239 

72 

80 

1, 

*  Separate  Cell  Prison  to  replace  this  will  be  ready  before  the  end  of  the  ycai 

* 
• 

ENGLAND. 


323 


I 


•Supioji 


•     ^      I      ^      III 

^  I  III 


M  —  O  I  I  I 

-«^  I  I  I 


94 


a     I    "     I    """I 


I  I 


«o      ^ 


•aSnjaH 


I    "    I  I 


•=2     I      I      II 


'Oivqinj 


a     I     "     I     ""II 


r  I 


•O        ^N        t-^ 


•ao^ziid 


m  C%  ^^ 


»-4  (o  r«  t^ 


CI         ^ 


•}untn2«(i 


«        iM        ^        ^  «o  fM  P^ 


C>1  CO 


CO  c 


•SapiOA 


04      ci      »o      e^  to  ^  ^      ^'(ooo 


CI 


'looaqna 


C4       C4       ^       eo « »H  ^ 


■Ui»if4»qO 


.      eo 


r*      oio»^«-"       M-*t>-co 


i*? 


C4 


eo 


nnnoon^joj 


TWIVOd 


CO         C4         »'•        C^t>»^Nt^         .-I 


O  ^<•  r>.       1-1 

•^  CO  00         »^ 


CI  o 

CO 


eo       CO       »«•      c^  ^  ^  ,-1 


TpwmiH 


^     I 


>o 


1 1  r   I 


•t  CO 


©«      eo      t^      d  o  c^  ^ 


<o  ;e  c       k-t      (O  , 

CO  «o  1-1 


•aHIAiio^ua^ 


^      C9       C4       CD       ©<t>.e4«-« 


ti  o  ^  oo 
CI  c« 


^1         CO 


i  I 


CO 


I  =  I 


CO 


CM  CO  OO 

CI  »i:  »>. 


f-1      HI      •-•      a»  CI  CM  a» 

d        CI        »0        t-1  »^^ 


2 


30 

a 


£ 

I 


6 


•  ee   O/ 


B 


s  £  «= 


a 


V    B    % 


«ti"o  •  S.S-i 


^1     SMM  ^         E         ^     ^^  ^ 


o    JS    S 


^  e 


73 

B 

ee 

■0 
4« 


o 

B 
CS 

e 

ee 


B 

eS 


1J 

o 


St3 


,§8g 
£  »  S 

3  <e  « 
^  S  > 


III    . 

C  £  c  ? 


C 


B 

C 

S 

S 
b 

B 

B 

o 


c 


S JS  ^*t; 


OX 


O 


s  "m  •- -2  *S 

B   g   cj  '7   » 

f"  S  s  *^ '« 
o       I-  hZ  * 


«  *: 


-•  b"  S  * 
-  E  S^X 


2  £•■= 

.*5 


Y  2 


CI 


eo 


»c 


-  I    I  K 


i-iCMcoco      t*      ^      to  a  o 

•-4  CO  CO         »M  CI       I      o» 


l>- 

CI 


CM 


I 


d  o  'f  00      »c      o      CM  CI     :     o 

ti  ^  O        d  ^r       I      »0 

^  I      CI 


-111 


00 


CI 

I    a 


1 1  :s 


o^*ceo      CD      a      ^  a 
•-  1^  r*  r»      .-•       eo       cm  '«i« 


s 


s 
& 

B 


O 

H 


324  C6NDIT10N  OF  PRISONS. 


APPENDIX  III. 
No.  251.  August  14,  1865. 

The  Secretary  of  State  has  approved  of  the  selection  of  a  limited 
number  of  female  convicts,  whose  conduct  and  industry  has  been 
good  in  prison,  to  be  sent  to  a  refuge  in  London,  which  has  been 
established  with  his  sanction. 

The  managers  of  this  refuge  are  a  committee  of  magistrates,  who, 
it  the  conduct  of  the  women  in  the  refuge  is  good,  will  interest  them- 
selves as  far  as  they  can  in  obtaining  situations  and  employment  for 
them  on  their  discharge. 

Female  convncts  who  qualify  themselves  by  their  conduct  and  in- 
dustry for  the  refuge,  will  be  eligible  to  be  sent  there  six  months 
before  the  period  at  which  they  would  ordinarily  be  discharged  from 
prison ;  so  that  they  will  remain  in  the  refuge  instead  of  a  prison  for 
the  last  six  months  of  their  time. 

They  will  have  an  opportunity  of  earning  some  addition  to  the 
gratuity  which  they  would  earn  in  prison — 

They  will  not  wear  ordinary  prison  dress. 

They  will  be  eligible  for  discharge  on  special  licences. 

The  directors  trust  that  these  privileges  will  be  appreciated  by  the 
whole  body  of  female  convicts,  and  stimulate  them  to  qualify  them- 
selves for  the  refuge  class  by  their  industry  and  good  conduct. 

So  soon  as  the  mark  system  is  in  operation,  the  admission  of  women 
to  the  refuge  class  will  depend  on  the  number  of  marks  they  earn  ; 
for  the  present,  the  selection  must  be  made  according  to  the  recorded 
industry  and  conduct  of  the  women. 

R.  Y.  W.  Henderson. 


APPENDIX  IV. 

ExiMlKATION  OF   COHVICTS   IN   PBISOS  SCHOOLS. 


No.  300. 


Udj  15,  I86S. 


In  order  to  test  aad  record  at  periodical  examinations,  the  efficiency 
of  the  inatractioa  in  convict  prisoos,  and  the  progress  made  by  the 
learners,  every  prisoiier  nnder  iastmction  tclII  be  examined  twice  a 
year  and  hia  progress  recorded  in  &  boolc  of  the  pattern  herevrith, 
according  to  the  directions  giveo.  The  chaplain  or  assistant -chap- 
lain will  do  the  doty  of  examiner  or  inspector  of  the  school.  The 
chaplain  in  his  annual  report  will,  from  the  records  thus  foniisfaed, 
state  Uie  nnmher  of  priaonera  who  have  made  progrcsif  in  i!ie  varioas 
degrees. 

E.  T.  ^V.  Hksdehsos. 


EXAMINATION   BOOK. 


T...„,.-,...™C,„...»....«.,A,-,.,..,.                                  j 

Clw  u^d  SUndud. 

1 

JlJlJl 

1      . 

i 

^P'0'l 

«-U.8.        .        .        . 
»Hli,,8  .        .         .        . 
Arithmetic       . 

1 

,         1 

1         1                 j 

H.B. — ^The  class  shown  is  to  be  that  in  which  the  prisoner  was 
prior  to  examination.  The  standard  is  to  be  that  for  wliicli  the 
enmination  shows  him  to  be  qnaliGed.  If  a  new  standai'd  i.s  not 
■ttained  between  two  examinations,  it  will  not  be  neces.sary  to  make 
IB  extra  entry  of  the  standard,  bnt  merely  insert  the  date  of  tlie  last 
examination  in  the  colomn  for  the  dates. 


826 


CONDITION  OF  PBISOXS. 


I 


I 


c8 
00 


1 

s 

CO 


JO 


^"Z 


«   p  as     • 


b.2 


d8 


-•mil 


«e  «e 


Is* 


^^  o 


«  «e 


o 


C   eS   3  © 

■a  a.a      ^ 
CO  d)  •*«  ■•« 


>L  a  A  a 


«       S     M    OD 

•5  °<::3 


o 

6 


II 


<*-    «    u  =2    **  .S 

c  c  o  s  cs  M  S3  en 

o 


I 

c 
s 

.£  =«* 

b    9 


11.11=3 

-^    *     «    rt    g   -J 


>5 


g 

o 


•  iS  g  s  a. 


^  »«   u 
o      '^ 


la 


5§ 


as 


a 


^1  S 


.21 


Sd 


i^li 


a 

CO 


d  o« 

OS 


^  « 


04 

p 


-3  JS'is 


3  *■  ©  Ss 

dS;|agS)'S^ 

'd  9  rO   E 

a  3  I  3  .*.«^ 


6£) 

1 


a 


o 

•IS 

o 

a 


ENGLAND. 


827 


Table  m.— To  show  ProgieM  in  Mch  Sal^ect. 


Dttts  of  yT^Tntnatlflfi  ■ 


Wriung 
Arithmetie 


Write  G.  P.  fcr  great  progrees. — ^P.  for  progrefls.— S.  for  stationary. — 

B.  for  gone  back. 

DiBECTIONS   FOR  THE   USE   OF  TIUS  BoOK. 

1.  An  examination  book  will  be  given  to  every  prisoner  nnder  in- 
stmction.  It  is  to  be  kept  by  the  schoolmaster,  and  to  be  issued  to 
the  prisoner  at  all  examinations. 

Immediately  on  the  prisoner  joining  the  school  he  is  to  be  examined, 
and  his  work  is  to  be  entered  in  this  book.  If  at  this,  or  at  any  sue* 
oeeding  examinations,  the  prisoner  is  unable  to  use  the  book,  the 
schoolmaster  will  write  a  statement  to  that  effect  on  each  occasion, 
specifying  the  date  and  affixing  his  signature.  In  case  of  the  transfer 
of  a  prisoner,  his  examination  book  will  be  sent  with  him. 

2.  The  following  work  is  to  be  done  in  this  book  at  each  examina- 
tion:— 

a.  Exercises  in  writing  in  large,  round,  or  small  hand ;  not  less 
than  two  lines. 

b.  An  exercise  in  dictation,  about  fifky  words. 

e.  Exercises  in  arithmetic  in  the  standard  to  which  the  prisoner 

has  attained,  two  or  three  examples  in  each  rule  belonging 

to  that  standard,  and  if  thought  fit,  some  examples  in  the  rules 

belonging  to  the  previous  standards. 

S.  At  the  commencement  of  every  examination  the  prisoner  will 

^^te  on  the  page  on  which  he  is  about  to  enter  his  work,  his  name 

tad  nnmber,  the  name  of  the  station,  and  the  date. 

4.  The  chaplain  or  assistant-chaplain  will  write  one  of  the  numbers 
L,  II.,  in.,  rV".,  v.,  or  VI.  on  each  exercise  in  reading,  writing,  or  set 
^  exercises  in  reading,  writing,  or  set  of  exercises  in  arithmetic,  that 
^^irly  comes  under  the  standard  of  attainment  denoted  thereby. 

5.  In  completing  the  tables  on  the  cover  of  this  book,  the  pupil  is 
^  be  classed  as  having  made  progress,  if  he  was  not  able  to  use  a 
^H)ok  at  the  last  examination,  but  can  do  so  now. 

6.  The  '  standards '  will  be  those  in  use  by  the  Committee  of  Council 
^Edncation. 


328 


CONDITION  OF  PRISONS. 


APPENDIX  V. 

No.  120.  February  17,  1864. 

I  beg  to  transmit  copies  of  a  table  of  tbe  new  dietaries  for  male  and 
female  convicts  approved  by  Secretary  Sir  George  Grey,  whicb  are  to 
come  into  use  on  and  after  April  15  next. 

For  Male  Convicts  at  Industrial  Employment. 


J  pint  cocoa,  containing    . 


Sunday     . 

Monday,  4  oz.  mutton 


Tuesday,  1  pt.  soup,  containing 


Wednesday,  4  oz.  mutton 


Thursday,   1  lb.  suet  pudding,  con- 
taining .        .        .        ,         . 


Friday,  4  oz.  beef 


Saturday,  4  oz.  beef 


1  pint  gruel,  containing 


Breakfast. 

'  J  oz.  of  cocoa. 
2  ozs.  milk. 
^  oz.  molasses. 

Bread. 

DlNK£R. 


<  4  ozs.  cheese. 
I  Bread. 

With  its  own  liquor  flavoured  with  J  oz. 
onions,  and  thickened  with  bread  left  on 
previous  day. 

1  lb.  potatoes ; '  bread. 

8  ozs.  shin  of  beef. 
1  oz.  pearl  barley. 
,  3  ozs.  fresh  vegetables,  including  onions. 

1  lb.  potatoes ; '  bread. 

SWith  its  own  liquor  flaroured  and  thickened 
as  above. 

1  lb.  potatoes ;  bread. 

1  ^  oz.  suet. 
•  8  ozs.  flour. 
,  6^  oz.  water. 

1  lb.  potatoes;  bread. 

J  With  its  own  liquor  flavoured  and  thickened 
\     as  above. 

1  lb.  potatoes ;  *  bread. 

jWith  its  own  liquor,  flavoured  and  thickened 
]     as  above. 

1  lb.  potatoes ; '  bread. 

Supper. 

'  2  ozs.  oatmeal. 
^  oz.  molasses. 

2  ozs.  milk. 

Bread. 


Bread  per  week 


11 


.  •  .  .  .  .14o  CZ. 

each  week-day 20  oz. 

each  Sunday 28  oz. 


'  J  oz.  of  flour  each,  and  |  oz.  of  pepper  per  cent,  to  be  added  to  Millbank  and 
PeDtonville  Diet. 


ENGLAND.  329 

Penal  Class  Diet, — Males, 

Breakfast. 

.     •  ^         •J  A.  *  ■•  ^ 4  OZ8.  oatmeal. 

1  pmt  pomdge,  containing        .        .  j  ^  ^.^j.  ^^^^ 

Bread. 

DlNlTEB. 

1  lb.  potatoes ;  bread. 

SUPPEB. 

1  pint  porridge,  as  at  breakfast ;  bread. 

Bread  per  week 140  ozp. 

„  day 20  ozs. 

Punishment  Diet, — Males, 

1  lb.  bread  per  diem,  with  water. 
Penal  Class  IMet  erery  fourlh  day,  when  the  diet  is  continued  beyond  three  days. 

DUTABIBS  FOB  CoiTTlCTS  AT  PUBLIC  WOBKS.      AlSO   DaBTMOOR   AlCD    WoKIlfO. 

For  Convicts  at  Hard  Labour. 
Bbeakfast. 


}  pint  coeoa,  containing    . 


}  oz.  cocoa. 
•  2  ozs.  milk. 
,3  oz.  molasses. 

Bread  (see  below.) 

DiXNEB. 


«      J  <  4  ozs.  cheese. 

S«^y JBread. 


SioDday  and  Saturday,  5  ozs.  beef 


With  its  own  liquor,  flaToured  with  J  oz. 
onions,  and  thickened  with  ^  oz.  flour,  and 
bread  and  potatoes  left  on  previous  days, 
and  J  oz.  pepper  per  cent. 

1  lb.  potatoes ;  bread. 

'  8  ozs.  shin  of  beef. 

1  oz.  pearl  barley. 

2  ozs.  fresh  vegetables. 
1  oz.  onions. 

^1  oz.  flour. 

1  lb.  potatoes ;  bread. 

«r  J      J       t -V  - »«.^  <  With  its  own  liquor,  flavoured  and  thickened 

WedDMdftj,  6  OES.  mutton         .        .  j     ^^  ^^^^        ^ 

1  lb.  potatoes ;  bread. 


Tuesday  and  Friday,  1   pint  soup, 
oontainiDg 


Thmsdjiy,  1  lb.  snet  pudding,  con- 


(l^  oz.  suet. 
•j  8  ozs.  flour. 
[sh  ozs.  water. 


1  lb.  potatoes  ;  bread. 


830  CONDITION  OF  PRISONS. 


SUVFESU 

{2  0Z8.  oatmeal. 
I  01.  molasMs,  or  salt,  Taned  with  groand 
^Dger  or  pimento. 

Bread  (see  below). 
Bread  per  week 168  ozs. 

„     each  week-daj 28  „ 

„     each  Sunday 30  „ 


For  Convicts  ai  Light  Labour, 
Breakfast. 

i^  oc  ooooa. 
2  ozs.  milk. 
^  OK.  molasses. 

Bread  (see  below). 


DnCMRB. 

fi««^.»  S  *  <>*■•  cheese. 

«"»"^»y jBread. 


Mondsy  and  Saturday,  4  oz.  beef 


Tuesday  and  Friday,   1   pint  soup, 
containing 


With  its  own  liquor,  flavoured  with  ^  oz. 
onions,  and  thickened  with  ^  oz.  flour,  and 
any  bread  and  potatoes  left  on  the  prerious 
days,  and  }  oz.  pepper  per  cent. 

1  lb.  potatoes ;  bread. 

(6  ozs.  shin  of  beef. 

1  oz.  pearl  barley. 

2  ozs.  fresh  vegetables. 
1  oz.  onions. 

^^  oz.  flour. 

1  lb.  potatoes ;  bread. 

Wediie«lay,  4  oz.  mutton  •        •        •  j  ^a^'a^r^'  "'^"°''  "'^"^^  "^  *^'°** 

1  lb.  potatoes ;  bread. 

Thursday.  J  lb.  suet  pudding,  eon-  jf^'fl^^ 

^'°^°« l8jozs.watir. 

1  lb.  potatoes ;  bread. 

SUPPBB. 

1  «;«*  ««««i  <wx«f.;^;n»  ^2  ozs.  oatmeal. 

1  pint  gruel,  containing    .        .        .  j  ^  ^^  molasses. 

Bread  (see  bolow). 
Bread  per  week 145  ozs. 

„      each  week-day 20    „ 

„      each  Sunday 25    „ 


J  pint  cocoa,  containing 


MiLLBAKK,  BnixToy,  AMD  Parkhubst. 

Ordinary  Diet. — Females, 

Brkakfast. 

'i  oz.  coeoa. 
2  ozs.  milk. 
^  oz.  molasses. 

Bread. 


'  Prisoners  in  1st  and  2nd  classes  may  hare  tea  and  2  ozs.  of  additional  bro«d  lo 
lien  of  gruel.— December  18, 1864. 


ENOLA.ND. 


831 


Sundaj 


Holiday,  3  oa.  mntton 


Toeadaj,  1  pint  icmp,  oontaining 


Wednesday,  3  ozs.  mutton 


Thnndny,  J  lb.  inct  pudding,  con- 
taining  


Friday,  3  om.  beof 


^•^nwJay,  3  ozs.  beof 


{ 


!• 


DiMlCSB. 

is  ou.  cheese. 
Bzead. 

(With  its  own  liqnor,  flavonied  with  \  os. 
onions,  and  thickened  with  bread  left  on 
prerions  day,  and  ^  ok.  flour,  and  }  oz. 
pepper  per  100  rations. 

)  lb.  potatoes ;  bread. 

8  OSS.  shin  of  beef. 

1  oz.  pearl  barley. 

8  ozs  firesh  vegetables,  indnding  onions. 

}  lb.  potatoes ;  bread. 

iWith  its  own  liquor,  flavoured  and  thickened 
asaboTe. 

}  lb.  potatoes ;  breed. 

1  oz.  8  drs.  suet, 
ozs.  flour, 
ozs.  14  drs.  water. 

}  lb.  potatoes;  bread. 

iWith  its  own  liquor,  flavoured  and  thickened 
as  above. 

}  lb.  potatoes ;  bread. 

iWith  its  own  liquor,  flavoured  with  (  oz. 
onions,  and  thickeuMl  as  above. 

}  lb.  potatoes ;  bread. 

SUFPBB. 

'2  ozs.  oatmeal. 
•  ^  oz.  molasses. 
^  2  ozs.  milk. 

Bread. 

"^^ixien  employed  in  washing,  or  other  exceptionally  hard  work, 

''^^^ive  daily  an  extra  allowance  of  3  ozs.  bread  and  1  oz.  cheese, 

^^    intermediate  meal  between  breakfast  and  dinner,  and  4  ozs.  of 

**  four  times  a  week  instead  of  3  ozs. 

.     ^^^  with  -J  oz.  molasses,  2  ozs.  of  milk,  and  2  ozs.  of  bread,  may  be 

^^^  to  women  in  the  Ist  class  every  night,  and  to  women  in  the 

J  .  ^^  class  on  alternate  nights,  instead  of  gmel.     Jannary  9,  1865. 

''^^Oii  and  Parkhnrst. 

Bread  per  week 118  ozs. 

„     each  week-day 16    „ 

„     each  Sunday 22    „ 

Teiial  Class  Diet. — Females, 

^^l^^^&st :  1  pint  porridge,  oontaining  4  ozs.  oatmeal,  ^  pint  milk ;  bread. 
3        **«r:  1  lb.  potatoes;  bread. 

^X^r:  1  pint  porridge,  as  at  breakfast ;  bread. 

Bread  per  week 112  ozs. 

„     per  day 16    „ 

Funishmtnt  Diet, — Females. 

1  lb.  bread  per  diem,  with  water. 
Class  Diet  eveiy  fourth  day,  when  the  diet  is  continued  beyond  three  d«j«* 


^^^  eruel,  containing 


to 


882  CONDITION  OF  PRISONS. 

FuLUAM. — Breakfast. 
Cocoa,  1  pint,  made  with  ^  oz.  cocoa-nibs,  J  oz.  sugar,  2  ozs.  milk ;  6  ozs.  bread. 

Obdikabt  Dinkers. 

Sunday  :  Cold  baked  mutton,  5  ozs.  cooked  meat,  4  ozs.  bread,  and  )  lb.  potatoes. 

Monday :  Baked  mutton,  5  ozs.  cooked  meat,  i  ozs.  bread,  and  ^  lb.  potatoes. 

Tuesday :  Boiled  beef  as  in  ordinary  diet,  6  ozs.  of  cooked  meat,  4  ozs.  bread,  and  ^ 
lb.  potatoes. 

Wednesday:  Beef  pudding,  to  contain  4  ozs.  meat  when  cooked,  the  paste  to  be 
made  of  4  ozs.  flour,  with  1  oz.  of  suet;  or  the  same  quantity  in  Irish  stew,  with  1  oz. 
and  I  lb.  potatoes. 

Thursday  :  Boiled  mutton,  4  ozs.  cooked  meat,  4  ozs.  bread,  and  ^  lb.  hot  potatoes. 

Friday :  Beef  pie,  the  pie  to  contain  4  ozs.  cooked  meat,  and  the  paste  to  be  made 
of  4  ozs.  flour,  and  1  oz.  dripping,  suet,  or  lard. 

Saturday :  Soup,  1  pint,  made  with  3  ozs.  cooked  beef,  3  ozs.  potatoes,  1  oz.  barley, 
1  oz.  onions  ;  ^  lb.  potatoes,  and  6  ozs.  bread. 

Women  employed  in  the  wash-house,  and  at  other  hard  labour,  to 
have  1  oz.  of  meat  in  addition,  and  1  pint  of  broth  on  each  daj,  ex- 
cepting Sunday  and  Wednesday,  -J  lb.  potatoes. 

Women  so  employed  to  have  1^  oz.  cheese  at  such  time  as  may  be 
convenient  every  day  except  Sunday,  and  then  1  oz.  cheese. 

Tea :  1  pint  of  tea  (made  with  ^  oz.  tea,  }  oz.  sugar,  2  J  ozs.  milk)  and  R  ozs.  bread. 


APPENDIX  VI. 


System  of  Classification  to  be  adopted  fob  all  Convicts  received 
INTO  THE  Public  Works'  Prisons  on  and  after  jult  12,  1864. 

No.  145.  July  22,  1864. 

1. — All  stages  and  classes  as  now  existing  to  be  prospectively 
abolished  for  all  convicts  hereafter  received  into  public  works  prisons. 

2. — ^A  convict  during  the  term  of  his  imprisonment  will  be  required 
to  pass  through  the  following  classes,  viz. : — 

Probation  class,  one  year,  during  which  tbcy  must  earn  on  public  ^ 
works  720  marks. 

Third  class,  one  year,  during  which  they  must  earn  on  public  works 
2,920  marks. 

Sti^cond  class,  one  year,  during  which  they  must  earn  2,920  marks. 


Minimum  pe- 
riod with  good 
conduct  and 
industry. 


After  which  they  will  be  eligible  for  promotion  to  the  1  st  class. 

3. — Every  convict  is  thus  required  to  remain  in  the  probation  class 
for  a  minimum  period  of  one  year,  reckoned  from  the  date  of  convic- 
tion, of  which  nine  months  will  be  passed  in  separate  confinement. 

4. — Khis  conduct  and  industry  are  good,  he  will  then  be  promoted 
to  the  3rd  class,  and  so  on  to  the  2nd,  remaining  in  each  a  minimum 
period  of  one  year. 


ENGLAND.  333 

^. — Prisoners  detained  in  separate  confinement  for  misconduct  can- 
be  promoted  to  the  3rd  class  until  three  months  after  they  have 
l>eoome  eligible  for  removal  to  public  works. 

O. — The  remainder  of  the  term  of  his  imprisonment  will  be  spent  in 
t.li.e  1st  class,  unless  he  is  promoted  to  the  special  class,  or  degraded  to 
^ny  lower  class. 

7.^These  classes  will  be  kept  quite  separate  from  each  other  in  the 
prisons. 

S.— Convicts  in  the  probation  class  will  be  subjected  while  under- 
going separate  confinement  to  the  special  rules  and  regulations  ap- 
pTx>ved  of  for  the  separate  prisons.  On  removal  to  public  works  they 
^'ill  continue  in  the  probation  class  until  they  have  completed  twelve 
'Months,  reckoning  from  the  date  of  conviction  with  good  conduct. 

I^nsoners  in  the  probation  class  will  wear  the  ordinary  grey  convict 
^^^ss  without  facings. 

9.- — Prisoners  in  this  class  on  the  public  works  will  be  allowed  no 
ff'^taity,  nor  to  receive  visits,  nor  to  receive  or  write  letters,  except 
one  letter  on  reception  from  separate  confinement ;  they  will  be  allowed 
^^©  period  of  exercise  on  Sunday. 

10. — If  their  conduct  and  industry  are  either  bad  or  indifferent, 
Either  in  separate  confinement,  or  after  their  removal  to  public  works, 
they  y^iil  be  detained  in  the  probation  class  until  they  have  earned  an 
f^^itional  number  of  marks  to  that  allotted  to  the  period  to  be  passed 
^'^  pi*obation. 

1 1 ,  Prisoners  in  the  3rd  class  will  wear  the  ordinary  grey  convict 
^*^sa  with  black  facings. 
Tliey  win  be  allowed, — 

Igt. — To  receive  a  gratuity  of  12^.,  being  at  the  rate  of  1^.  per 
month  for  twelve  months,  to  be  earned  by  marks  during  the 
time  spent  in  this  class,  and  if  their  conduct  shows  that  they 
deserve  it. 
2nd. — To  receive  a  visit  of  twenty  minutes'  duration  once  in  six 
months,  at  such  time  as  the  governor  approves,  care  being  taken 
that  the  stipulated  number  is  not  exceeded,  and  both  to  receive 
and  write  a  letter  once  in  six  months,  provided  their  conduct  in 
that  class  has  been  good  for  at  least  two  previous  consecutive 
months. 
3rd. — ^They  will  bo  allowed  one  period  of  exercise  during  Sundays. 
^     1 2. — ^Prisoners  in  the  2nd  class  will  wear  the  ordinary  grey  convict 
:^8  with  yellow  facings. 
1?hey  will  be  allowed, — 

1st. — ^To  receive  a  visit  of  twenty  minutes'  duration,  and  both  to 

receive  and  write  a  letter  once  in  four  months. 
2nd. — ^To  receive  a  gratuity  of  18*.,  calculated  at  Is.  6d.  per  month 
for  twelve  months  to  be  earned  by  marks  daring  the  time 
spent  in  this  class,  if  their  conduct  s