IRLF STATE of PRISONS in SPA IK & PORTUGAL SOME ACCOUNT OF THE STATE OF THE PRISONS SPAIN AND PORTUGAL BY JOHN BOWRING, ESQ. I? LONDON : 1824. VOL. XXIII. -Pam. NO. XLVI. T W ^ SPAIN. f ROM the epoch in which the Inquisition refined upon and perfected all the horrors of imprisonment, the state of the gaols in the Peninsula had until lately been most dreadful. During the French invasion, though the immediate melioration of the prisons was frequently discussed, the whole nation was too incessantly occupied by the terrible struggle in which it was engaged, to give any efficient attention to this, or indeed any other subject uncon- nected with that devastating war. Something, however, was done ; and the abolition of the "Holy Office" released many victims from that "awful thrall," which placed them beyond the reach even of benevolent curiosity, and left them to the arbitrary decrees of secret tribunals, and to the unseen vengeance of irresponsible and unknown judges. Many of the leading characters of Spain have at one period or another learned, by 6a{l and $ev/eret experience, the miseries of the former prison- systeitt t tiey \haye teen "taught to sympathise with the wretched prisoner, for, they have b.een^the witnesses of, and the sharers inj.tbeihfcfrdrS pfhiS ihipHsfo'nmept. At Madrid, I have seerrcefis from*which* '^prisoners have come forth in utter and incurable blindness : there were others in which the body could rest in no one natural position, neither sit- ting, nor standing, nor kneeling, nor lying down. Though numberless Instances of cruelty rush upon my mind, their recital might be ill-placed here ; but it may be well, for the sake of illustration, to refer to the sufferings of two individuals, well known in this country, who have since occupied high and im- portant offices in the state. One of them declared", that in the three first days of his arrest he employed himself in counting the number of vermin which he destroyed on his body; they amounted to thirty thousand ! Another deputy assured me, that when allowed to change his linen, it had on every occasion become so pestiferous, that nothing which he could offer would induce any individuals, however poor, to receive it into their houses ; and it was washed from time to time by a benevolent and respectable lady, who, in her open balcony, undertook a task which her lowest menial had refused to perform. 3] On the State of the Prisons in Spain, $c. 291 In truth, no sufferings can be conceived more intolerable than those of many a prisoner confined in former times in the gaols of the Peninsula. 1 In a moist, miserable and dreary dungeon, oppressed with heavy chains, without a book to console him by day, without even a handful of straw on which to stretch him- self at night ; supplied with bad and insufficient food ; shut out from all notice, from all sympathy, and in the hands of those whose hearts were as cold and as hard as the walls that enclosed him what situation can be more terrible ? I once noticed, on the walls of a Spanish prison, an admirable picture, drawn with charcoal, of an old and exhausted victim (pourtrayed perhaps by the sufferer himself), his beard unshorn, his body wasted, his countenance betokening despair, his fetters insupportable ; and beneath were these lines : " () deem not, in a world like this, That the worst suffering is todte! No ! dying were a privileged bliss To the tired sons of misery/' 2 And to such sons of misery death must have been a blessing. Immediately after the re-establishment of the Constitutional Government in Spain, the first Cortes occupied themselves in 1 An extract from a recent publication on Prisons, by Dr. Jacobo Villa- nova y Jordan, one of the Spanish Judges, may here be added : " In 1814, the king, for the first time, visited the prisons of Madrid. At this period those frightful chains were in use, which he ordered to be de- stroyed. There, also, were to be seen the cells, under ground, destitute of ventilation, where, to the ruin of health and morals, many poor wretches were obliged to sleep together, and respire the most impure and noisome atmosphere : and the courts whence, at the close of day, legions of immense rats issue forth, spreading into every corner, robbing the poor prisonerof his scanty allowance, and disturbing his rest. The criminal, the lover, and the murderer, the debtor and the robber, the forger and the ruffian, were herded indiscriminately together, and he who was guiltless, along with them. Among the keepers, some were found who hardly knew the persons of their prisoners. In the prison called the Town Gaol (which is shortly to be abolished, and the prisoners sent to that termed " De la Corte"), there was a square room, about eight yards in length, and nine feet high ; it was entered by an ex- tremely dark and narrow passage, at each end of which were two doors. The prisoner confined within this space never saw the light of heaven. The pave- ment was of sandstone, and in the centre there was an iron collar, with a chain to confine the prisoner down to it. Although I have not seen the grille of this gaol, I imagine it was as bad, or even worse than that of the Town Gaol. It was an instrument used for torture, for such prisoners as did not confess, to compel them to do so. v 2 "No es verdad que la muerte, Sea el mas malo de los males; Es un alivio de los mortales Que son cau^ados de penar." M78919 292 Mr. Bowring on the State of [4 applying remedies to some of the most obvious evils of the prison-system. They speedily decreed, that no prisoner what- ever should, on any pretence whatever, be confined in any un- wholesome or subterraneous dungeon, or in any place not visited by the natural light of day. They also ordered, that no chains or fetters of any sort should, on any occasion, be employed ; and I confess it was no small satisfaction to me, in my progress through Spain, to witness the destruction of those .dismals cells which had been the scenes of so much calamity. The Cortes proceeded to form a prison-committee, whose attention is espe- cially directed to the state of the Spanish gaols; and several writers have sprung up, who have been directing the public at- tention to the subject, and who have excited a spirit of inquiry, and a desire of useful exertion throughout the Peninsula. Several of the public journals have lent themselves cheerfully to the im- portant object ; and I have remarked, indeed, in every quarter, that anxiety for information which is the herald of benevolent action. In most of the towns in Spain the prisons are placed under the inspection of citizens elected by the popular suffrages ; and their attention to their charges has greatly tended to stop the arbitrary proceedings which had been sanctioned, as it were, by the habits of centuries. Don Jacobo Villanova, now a Judge at Valencia, proposed to the Cortes the adoption of Mr. Bentham's Panopticon plan of a prison, with sundry modifications. His scheme was referred to the Prison Committee, who requested a report from the Royal Society of Madrid. That report being favorable, the Committee proposed that in all the capitals of the kingdom, and in all the towns in which there resides a Judge of the first rank, viz. between three and four, hundred prisons shall be constructed on the central-in- spection plan, of a size suited to the population, in which security, ventilation, salubrity, and an abundance of water, shall be pro- vided for ; that these prisons shall be constructed remote from all other buildings, and at the extremity /of the towns or cities referred to. They declare that the government of a prison shall be deemed honorary, and be given to military officers: in the provinces, captains in the capital, colonels whose salary shall be, in Madrid, 24,000 rials ; ' in the chief towns, 16,000 rials ;* in the small towns, 10,000 rials ; * and that he shall be personally responsible for the security and discipline of the prisoners, and for carrying into effect the prison-regulations. The magistrates shall elect all other officers of the prison, and shall form the re- 1 About 240. a About 160. 3 About 100. 5] the Prisons in Spain and Portugal. 293 gulations, which must be submitted to the government for ap- proval. They propose that all prison-fees whatever shall be abolished ; that there shall be classification dependent on age, crimes, signs of penitence, &c. j that the untried shall not be confounded with the condemned ; that labor shall be introduced, the severity of which shall depend on the character of the crime, and other circumstances connected with the criminal; that a committee be appointed for visiting the prisons, and for seeing that the proposed regulations be carried into effect. * The Committee of the Cortes Introduce the subject with the fol- lowing melancholy details, in which there is no exaggeration, nor attempt to delude. The prisons of Spain, beginning by those of Madrid, are hor- rible caverns, in which it is impossible that health should be long preserved. It seems impossible that men should ever have been found so fierce and inhuman as to construct such edifices for their fellow-men. But if this appear incredible, how much more so is it that in the nineteenth century these dwellings should be still kept up the shame and the execration of humanity ! Dark dungeons, without light or air, are found in the two prisons of Madrid, of the Corte and of the Villa ; nothing but a miserable and insufficient ration provided for human beings ; condemned to live for years in utter darkness ; breathing mephitic air; hearing nothing but the noise of bolts arid fetters; having no companions but the swarms of vermin which cover the walls of their gloomy abode, and which incessantly prey upon their persons ; and condemned to sleep upon a mat, covered with a few filthy rags. The doom of those who occupy the courts is hardly better. Exposed through the day to the intemperance and inclemency of the seasons ; lazy, wearied with their own existence ; obliged constantly to listen to oaths and curses, grossness and obscenity they suffer in an earthly hell and to them the terrible denuncia- tions of religion can have no anticipated terrors. And if in the day their fate is horrible, by night it is worse. Condemned to subter- raneous dungeons, damp, and full of vermin, shut out from the common air these are the scenes of their repose ; and the hour which brings to other mortals rest and sleep, prepares for them only mortification, shame, and misery. Such is the gloom and insalubrity of the prisons of the kingdom. In Andalusia there is not one which humanity can approve. Of the 1,285 towns of the Chancelleria of Valladolid, only 167 have safe and wholesome prisons, ' so that 1,118 towns are without 1 " This is said by way of contrast j there is no prison that can be called wholesome."" 294 Mr. Bowring on the State of [0 prisons, or possess such as are unhealthy and insecure ; and almost all are without sufficient means of subsistence. In Grenada there are but twenty-two prisons which can be called capacious, secure, and tolerably salubrious ; there are four hundred and ninety-one small, insecure prisons, dependant on charity. Those of Gallicia are in the worst condition. In Asturias there is not one which is safe, nor which possesses the means of serving food to the pri- soners. In Estramadura there are only a few, and those Unhealthy. la Arragon the only secure and healthy prisons are those of Alcantz, Calatayud, and ^aragoza j the rest are so bad, that it is impossible to say which is the worst among them ; and there are 1,280 towns and villages without any prison. In the whole king- dom of Valencia, where there are a million of inhabitants, there is scarcely one secure and wholesome prison. In Catalonia there are many districts without prisons ; the number of tolerably safe and healthy prisons is forty- five ; but they have no funds for the maintenance of the criminals : but the prisons of the Balearic Isles are worse than all. They are mazmorras (Moorish dungeons), and holes, where the stench, the humidity, and want of air, have caused more mortality than the virulent pestilence. The loss of liberty, and the punishment imposed by the law, are surely enough for the unfortunate^ criminal. What right has society, by its neglect or indifference, to superadd these horrors ; to confirm all that is atrocious in vice j to eradicate every thing that is left of virtue , to mingle the swindler with the homicide ; the young and timid practitioner with the old and daring, and irreclaimable criminal , and in a situation where, to do them any justice, every individual prisoner requires an individual guard ? It is, indeed, high time that such scenes of outrage should exist no longer; that such horrors should be blotted from the very memory of man. It is, indeed, high time that the light of civi- lisation should penetrate those deadly dungeons dungeons un- visited as yet by the pure light of day, or the beams of the vivifying sun. For the Cortes this work was reserved, and to them its glory will belong ; and it will bear their memory down to future grateful generations. " Is it possible," said some of the prisoners in the Madrid gaol, to one of the Committee who visited them ; " is it possible that the fathers of the country are already assembled in the sanctuary of the laws, and that they will not meliorate our situation ? We ask no pardon for our crimes ; * we will suffer with resignation the penalties of the law j but why this unneces- 1 When I was at Seville, the following verses were put into my hands by the prisoners, in which the same sentiments are expressed, but in language less polished : 7] the Prisons in Spain and Portugal. 295 sary bitterness ; why these anticipated punishments, worse than death itself ? If crimes have made us responsible to the law ; if error, if ignorance, if a defective education, have dragged us into crimes, it is just that we should pay the price of our excesses ; but it is not just that we should be treated with inhumanity and bar- barity. Whatever our crimes have been, we were born men, and ought still to be looked on with the respect due to human nature. We are Spaniards ! Our blood is your blood ; we are of one religion with you ; we are part of our country's great family." The Committee couM not hut sympathise with such expressions of misery ; they request that Government do immediately meliorate the state of the prisons, giving ventilation to the apartments, abolishing all subterranean dungeons ; and they recommend the adoption of the central-inspection plan ; that the prisoners be always within sight ; that no light and air be wanting j that there be a classification of crimes and sexes ; that the internal arrange- ments be simplified ; that idleness be succeeded by industry ; that food, cleanliness, and clothing be provided for the prisoners ; and that every prison contain an apartment for the arrested before committal, a hall of audience, an hospital, and a chapel. Hitherto, by a barbarous and criminal custom, the prisons of Spain have been a pecuniary possession, let out to the best bidder, who, in the ill-treatment and exactions on the prisoners, made their fortunes by the miseries they created. The taxes on entering, V. S. condecorados A esta carcel an benido Que asin podran desbalido Imploran buestra piedad. Buestra liberalidad, Creo no a de permitir, Dejar los presos salir; De buestro bien desirado, Antes hiran remediado Los infelicez de aqui. Lo dice un Desgraciado Forastero. Q. S. M. B. G. P. Ye chosen ones, whose footsteps bend In mercy towards this prison celJ, Where we, the sons of sorrow, dwell ; Your pity to our accents lend. We dare not ask for liberty, However liberal ye may be ; But we will hope your generous care Will feel our wants, and hear our prayer, And soothe the prisoner's misery. Drawn up by the Unfortunate Foreigner. 296 Mr. Bowring on the Stale of [8 for exemptions from irons, for better or worse apartments, and on leaving the prison, made the criminal the victim of injustice, in innumerable forms. In this spirit of humanity did the Committee discharge their duty. Their names deserve to be recorded Vargas Ponce, Ramos Arispe, Alvarez Guerra, Villanueva, Priego, Canabal, Navarro, Ugarte, and Isturiz. The multiplicity of business which crowded on the Cortes, prevented the adoption or the discussion of their plan ; but the present Cortes will be engaged ere long in carrying into effect the benevolent schemes of their prede- cessors. I will now venture to give some details respecting the prisons at Madrid, Cordova, Seville, Cadiz, and Lisbon. MADRID. THE great prison at Madrid is called La Carcel de la Corle. It was originally built by Philip IV. in 1636 ; but the greater part of the edifice, which was employed as a prison, was destroyed by fire in 1791, and rebuilt in 1792, when the Salvador Convent was added to it. It is situated in the midst of the capital, sur- rounded by streets, which are composed of very high houses, from whence communication may be held with many of the cells. The form of the prison, which occupies a large space, is wholly irregular, and its internal arrangements are ill-adapted to its ob- jects, for which indeed only a part of it was originally intended. The general average of prisoners is about three hundred, though it might be made to contain five hundred. In August, 1821, there were only two hundred and seventy, of whom seventeen were women. There are two yards, one of which has rather a handsome ap- pearance, being supported by pillars, and having colonnades and arches. It is paved, and occupied by the industrious part of the prisoners. The other yard is damp and unwholesome. In each of the yards there is a cistern of good water. Till very lately, the state of the privies was most intolerable , but arrangements are now being carried into effect for cleaning them, and for their removal from the rooms occupied by the prisoners. The walls and passages are all exceedingly neglected ; they are covered with filth and vermin. There is no arrangement made for washing or cleaning the interior of the prison, except an order that it shall be swept weekly ; but the state of the apartments is as bad as can be conceived. The situation of every prisoner depends not at all on his crimes, but on his purse. Twenty-five to thirty dollars are paid by every individual to the gaoler for removal to the better 9] the Prisons in Spain and Portugal. 297 apartments, and this sum is exacted, whether the imprisonment be for a day, or for life. In this way all crimes become confounded ; and the assassin or the robber, who have retained the profits of their crimes, are blended with individuals confined for misde- meanours or political offences. I found, for example, the chiefs of banditti, imprisoned for ten years or for life, in the same apartment with respectable public writers, as yet untried and un- condemned. The prisoners pass the whole of the day in the patios, or courts. This is universal in Spain, and accords with the climate and with the habits of the people, who are always accustomed to spend the great part of the day in the open air. They leave their night-rooms at sun-rise, and return to them at sun- set. The night-rooms are close, even to suffocation. Many of them had formerly no light : windows have been introduced since the decree of the Cortes ; the light is, however, very insufficient. There is little ventilation, and the stench is intolerable. Oil is allowed for light till midnight ; the daily quantity for the whole prison is 2| pounds. From thirty to forty individuals sleep in the same apartment* No bed- ding or straw is provided ; but the prisoners sleep on raised places, formed by bricks, about a foot high, two feet wide, and six feet long ! As many of the religious orders in Spain interest themselves particularly in the relief of the infirm and diseased, the sick pri- soners seem generally to obtain prompt attention. An apothecary and surgeon are in daily attendance, who make reports to the Ayuntamiento, when they deem it necessary. In case of insanity, the prisoner is removed to the lunatic-infirmary. The salary of the gaoler is 15 rials, = 2s. sterling per day. He has also the money paid for admission into the privileged apart- ments, and a fee exacted from the prisoners when they leave the prison, which is called the carceleria. I urged the abolishment of these perquisites, and an equivalent increase of the gaoler's salary ; and I understand this improvement is about to be intro- duced. Formerly, the gaoler was allowed to claim 30 rials, =: 6 shillings, for the privilege of wearing no fetters, and 25 doubloons, 15/. for an admission into the better apartments of the prison. There are no printed regulations for the government of the prison, nor has the gaoler any other than verbal instructions from the Ayuntamiento. 1 He visits the prison thrice a day j he is a married 1 The gaols in Spain are now wholly under the direction of the Ayunta- mientos, or corporate bodies, who are annually chosen by the whole body of the citizens, and of whom the alcalde, or mayor, is the president. They 298 Mr. Bowring on the State of [io man, but his wife takes no part of the duties of his office. The other officers of the prison are : Three turnkeys, paid . . 8 rials per day, = 206?. One key- keeper . . .5 . .126?. Two turnkeys of the passages . 3J . . 8d. Three messengers . . .11 quartos . 46?. A water-bearer, himself a prisoner, who is paid 2 rials, n 5d. and one sweeper, who receives 1 rial, or 2|6/. per day. The number of prisoners who have entered the two prisons of Madrid in the year 1821 is about 1,400. Of these, only a small part have been confined in the Carcel de la Corona ; and it is now intended only to employ the larger prison, or the Carcel de la Corte. The daily ration of every prisoner is one pound of bread, six ounces of garbanzos (large peas), and a certain allowance of oil, salt, and wood, to the whole prison. The daily cost of every indi- vidual is 40 maravedis, ~ 36?. In the year 1799 a charitable association was formed in Madrid, under the title of " El Buen Pastor," " The Good Shepherd/; for alleviating the situation of the prisoners, and for introducing habits of industry. Hitherto all labor is voluntary. The earnings of the prisoners in the two prisons at Madrid amounted to 37,347 Rs., 1 of which 21,163 Rs. was paid to them in money, and the rest in extra rations, or clothing. For the latter the Ayunta- miento make no provision. The only manufacture introduced hi- therto is that of the esparto, or bapweed, which is used in Spain to a great extent for mats, ropes, sandals, &c. This Society's annual accounts state, that the following sums have been received in the year 1821 : Rs. Ms. Voluntary subscriptions . . . 5,693 . . 12 Collected by domiciliary visits . . 1,945 .. 16 Religious observances (jubileo) . . 1,133 .. 21 Alms in various churches . . . 3,074 . . 6 Individual donations . . 61,879 . . 20 Produce of manufactures sold . . 58,159 .. 4 Previous balance . . 100,003 ., 21 Us. 231,888 . . 32* choose among themselves a prison-committee, who attend weekly at the prison, and sometimes more frequently, at Madrid; and the whole Ayiinta- miento visit the prison four times a-year, at fixed periods. 1 Rs. 100, = 20s. sterling. z Equal to about 2,319/. 1 1] the Prisons in Spain and Portugal. 299 THEIR EXPE^ES. Purchase of esparto, for manufacturing Us. Ms. 4,964 arrobes, = 1,241 cwt. . . 19,737 . . 10 Paid to prisoners for labor . . . fit, 163 . .32 Extra rations to ditto . . . . 7,546 . . 10 Clothing to ditto .... 8,636 . . 25 Salaries to the clerks and officers-of the charity . v 16,537 . . Presents to the officers of the gaols . 1,260 .. Extra expenses, warehouses, fumigations, &c. 6,915 .. 21 Rs. 81,796 . . 30* The quantity of manufactures sold[ to the public, in 1821, is stated to be : 1,167 pieces of matting. 119 half pieces of ditto. 382 made into coverings for rooms. 340 arrobes of waste esparto. There is no watchman at night, but an armed force is always kept in the prison ; escapes are very rare, and almost impracti- cable without subornation. In 1821 no individual escaped: On the arrival of a prisoner he is placed in a solitary apartment of the prison, remote from the rest, where he is kept till his final examination, and the drawing up the bill of indictment, which by a decree of the Cortes must be prepared within twenty-fdur hours after his arrest : his person is searched, and he is allowed, on the payment of a certain sum, to enter the better apartments of the prison. The time of admission of the prisoners' friends is from nine to one, and from four till sun-set. The communication is through two gratings, at the distance of two or three feet, and between them is always posted a guard, or some officer of the prison. No admission is granted to the interior but by order of the Ayuntamiento, or of the prison-committee. I could not ascer- tain the per-centage of those who return to the prisons of Madrid for new offences after being discharged, but I conclude, from my very imperfect data, they amount to from ten to fifteen per cent. There, as in every part of Spain, the state of the prisons has a most baneful effect upon conduct and character. A prison is a moral pest-house, a lazaretto where no means are used to guard against the ravages of contagion. Gaming, robbery, and bloody disputes are of constant occurrence. A majority of the prisoners, I was 1 Equal to 818/. 300 Mr. Bo wring on the State of [12 assured, can read and wrfte, though generally very imperfectly. Classification, and every thing connected with moral discipline, have been almost wholly neglected. There are no means 'of in- struction, few motives to industry, still fewer to reform. Mass is said on Sundays and saints' days. The chapel is handsome and commodious ; the ecclesiastic is paid for his service at so much per mass, arid is called in when the criminal wishes to confess ; but I have nowhere seen (and yet I am far from denying its exis- tence because I have not seen) any active anxiety to communicate religious counsel, or to administer religious consolation, except when the criminal is doomed to public execution : then, indeed, nothing can be more striking than the unwearied, the sleepless zeal of the Spanish ecclesiastics, and the efforts they make to give the terrible and final scene the most affecting and effective solem- nity. It may not be amiss to remark here, that the mode of exe- cution in Spain the garrote y or strangling with an iron collar seems to ibe almost instantaneous, and consequently humane, and unaccomp anied with the horrible associations which connect them- selves with the sometimes lingering execution of the gallows, and the dismembering operation of the guillotine. In Spain, executions are happily very rare. The present construction of the prison at Madrid is very unfavorable to any radically meliorating changes, but the present prison-committee seem honestly and sincerely at work, and are at considerable expense in erecting new apartments, and introducing improvements in the internal arrangements. It is ardently to be desired, especially considering the large space of ground which the prison occupies, its situation in the capital and centre of the king- dom, its being immediately under the eye and influence of the go- vernment, and the Cortes, that Madrid should be fixed on as the spot for carrying into immediate effect the benevolent schemes of the Spanish legislature. That legislature is, I believe, inclined to co-operate with you, and with our other philanthropic societies, in every plan of public utility ; and how important is it to strengthen inter-national sympathies by all the impulses of humanity and beneficence ! CORDOVA. THIS prison has been in many respects improved since the es- tablishment of the constitution. It is a large and imposing building, situated on the borders of the Guadalete, at a small distance from the city. It is ample in extent and security, possessing a great number oi. : unappropriated apartments, but is unprovided with sufficient attendants. 13] ifo Prisons in Spain and Portugal. 30 1 The building was erected by the Moors during their possession of Spain, and was one of their castles. It afterwards became the seat of the Inquisition, and continued to be employed for this purpose till the overthrow of that horrid tribunal. Only two in- dividuals, very old women, were found in its dungeons, when the Constitution was proclaimed. They had been thrown there on some superstitious and idle charges. It was hoped that the records of the Cordova Inquisition would have been preserved as curious historical matter 5 but, for the security of the Inquisitors, one of the secretaries gathered them together the day before the doors were thrown open, and consumed them in the flames. The prison is removed from every other building, and contains about 120 prisoners, though sometimes as many as 180 are con- fined there. There are two yards ; one large unpaved ^0/2*0, or court for the men, and a small damp flag- stoned court for the women. Both have fountains, and a sufficient supply of water. The privies are, as they generally are in Spain, in an intolerable state. A num- ber of new apartments are being prepared, but there does not seem anxiety to fit them up, in consequence of several prisoners having escaped through the roof, from some of them. Around the yards are the night-apartments ; they contain from thirty to forty prison- ers each ; neither beds nor straw are provided. They have no windows. The apartments of the infirmary are toletably good. There is a medical man who attends daily, with a salary of 850 Rs. per month. The Hermandad del buen pastor takes care of the sick, and provides medicines for them. All remarkable events are re- ported to the Ayuntamiento ; they appoint a committee for the prison, who visit it every Saturday. The salary of the gaoler is 6,600 Rs. per annum, and the turnkey (there is but one) has 2,200 Rs. The food is insufficient, and is contracted for at the rate of twelve quartos, 3d. per head per day, bread excepted, of which the allowance is, I believe, |lb. There is no classification and no species of labor in the prison ; and of ten individuals discharged, the gaoler informed me, six usually return. There is a chapel in the gaol, but the prisoners are not compelled to attend, and the congregation is often very disorderly ; the gaoler and his assistant do not always join in the religious service. The whole time of the prisoners is passed in idleness in the yard, or in the suffocating closeness of the sleeping dungeons. No attention is paid to their cleanliness, to their comfort, or to their behaviour. They are all mingled in a common mass, to learn crime from the hardened, to teach crime to the inexperienced. The Ayuntamiento of Cordova have been lately awakened to a 302 Mr. Bowring on the State of [14 sense of the absolute necessity of a change in their prison-disci- pline, and Dr. Rafael Mariano Pabin has drawn up new regulations which have been approved. He proposes that all the prisoners be divided into three classes : 1st, those detained for capital crimes, and to these are to be added the unruly and insubordinate ; 2d, those whose crimes merit transportation ; 3d, all misdemeanours. To the first, the upper floors are to be applied, and each individual to have a separate cell ; to the second, the apartments on one side of the yard ; to the third, those on the other : that the third class shall be allowed to exercise themselves in the yard one half of the day, the other two classes one quarter of the day each, varying the hours from week to week ; disobedience to be punished by solitary confinement not exceeding eight days, and a diminished ration ; and that every prisoner shall be compelled to make good the damage he shall do to the prison, or every inhabitant of the apartment, when the individual cannot be ascertained. That the apartments shall be swept every day in winter, and watered in summer, by the prisoners in turn ; that every apartment shall have a jar of water, and a vessel for ordure, &c. to be cleaned every day ; and that four rials, two for cleaning these vessels, and two for light, shall be paid by every prisoner on his entrance. The imperfections and the hasty compilation of these rules are but too obvious. I have quoted them, however, to show that some attention is paid to the* subject, and to prove how little the duties of society to the prisoner are understood, and how important it is to enlighten the minds and direct the course of men really disposed to listen to and to profit by the counsels of those who have gone more deeply into the inquiry. SEVILLE. THOUGH Seville is the city in Spain in which inquiry was first actually engaged on the subject of prison-discipline, little or nothing has hitherto been done for its improvement. Dr. Manuel Maria Marmol, an eminent ecclesiastic, published a tract, about twelve months ago, insisting on the absolute necessity of some changes, and recommending the adoption of a system of discipline likely to pro- mote reformation. It has been proposed to remove the prisoners to the building lately occupied by the Inquisition ; which from its extent would allow of some classification, and of the introduction of employment. Of the dreadful state of disorganisation and abandonment of the great prison at Seville, some idea may be formed from the circumstance that extensive coining was carried on there as lately as 1820, and that it has sometimes been necessary (such was the insubordination or rebellion of the convicts) to call in the 15] the Prisons in Spain and Portugal. 303 soldiery, and fire upon them, in order to reduce the ringleaders. The character of the southern Spaniards adventurous and roman- tic, a mingling of native pride and oriental chivalry has spread, very universally, a contempt of death ; and made it an instrument but little effective in the hands of the legislature. During the late discussions in the Cortes on the penal code, several of the most distinguished members proposed, that the punishment of death should be wholly abolished. It was not abolished ; but the num- ber of crimes to which it is applied is now very few. And in Spain, as in every country which has fallen under my notice, the diminu- tion of the severity of punishment has universally led to the dimi- nution of crime. That which is taken from the harshness of the penal law is, in a vast number of cases, added to the certainty of its infliction, and in consequence to the salutary dread excited in the mind of the evil-disposed. Spain is a country in which, in the course of half a century, I expect that the humanity of the Tuscan code, which abolished capital punishment, will obtain a permanent establishment. In Portugal, the abolition has already taken place. Neither Marmol, nor any of those Spaniards who have interes- ted themselves in the prison question, knew of the existence of your Society. He offers himself to your correspondence, and will be most gratified to be a fellow-laborer with you. The great prison of Seville is most inconveniently situated in the Calle de la Serpa, one of the busiest streets of the city. It is close, noisome, and gloomy. It was formerly a nobleman's palace, has no wall to surround it, and, from several parts of it, the pri- soners can communicate with the street. Its form is irregular. The number of prisoners varies from 250 to 400. It has two gravelled yards, provided with water. In the yards the prisoners pass the day wholly unoccupied, and at night are locked up in apartments, whose offensiveness is most intolerable. The walls are covered with the filth of years. The stench of the drains is suffocating. No printed rules exist ; and of the written ones the gaoler complained, that it was impossible to carry many of them into effect. There is one, for instance, which directs, that six pri- soners shall be chosen to clean the prison : there was an obstinate resistance, and in consequence 15 Rs. (35.) per month has been paid to an individual for, what is called, performing this duty. Though the first regulation prohibits all mal-treatment, or additio- nal restraint from the gaoler, I found that secret orders existed, enabling him to employ fetters, if he should deem them necessary. In summer, the prison is daily sprinkled with vinegar. Some of the apartments are miserably damp ; and in the smaller prison the criminals called my attention to the wet floors, the walls, their own 304 Mr. Bo wring on the State of [i(] nakedness, no blanket or bed, in language of pitiable and heart-rending energy. Only a fourth part of the rooms have any ventilation, and this in a climate where from 90 to 95 of Fahren- heit's thermometer is a common temperature. All sorts of abuses seem sanctioned in the prison. Stalls are kept, where a variety of articles are sold. Smoking is universal. Some individuals have a rug, provided by their friends ; others have scarcely a fragment in which to wrap themselves, and the quantity of vermin appeared dreadfully great. Here, as generally elsewhere, the sick obtain more attention than the situation of the healthy would promise. There is regular at- tendance on the part of the apothecary, and I did not hear any complaints from the prisoners in the hospital of want of care or kindness. All particular cases are reported to the Ayuntamiento, who appoint two prison-deputies, to have special authority over the prison. The Ayuntamiento never visit in a body. The gaoler has held his situation about two years. The former was discharged for his rapacious exactions. The salary is 20 rials per day = 4>s. ; that of his assistant 15 rials. Corporal punishment was formerly inflicted by the gaoler, whose rule was arbitrary, almost without control. It has now ceased to be so. Solitary confinement is sometimes employed ; but I imagine that the internal administra- tion of justice requires much attention and restraint. The daily allowance to the prisoners is one pound and a half of bread, two ounces of bacon, and one quarter of a pound of minestra, the charge for which is 21 quartos, or about 6\d. Of late, no prisoners have escaped. The strong military guard, which is always present, must make this difficult, or almost impossible, unless subornation is employed. No provision is made for clothing the prisoners, and their situa- tion, in this respect, is often most deplorable. They are allowed to see their friends through the gratings, but access to the interior of the prison can only be obtained through the prison-deputies. I had, on one or two occasions, some difficulty in penetrating some of the Peninsular prisons, and was obliged to use the threat of publicity, and to express a conviction that something like self-con- demnation threw difficulties in the way. I do not imagine that any opposition would be now made to the inquiries of any respec- table foreigner, and would recommend, if personal acquaintance be wanting, a direct and formal application to the prison- deputies. In general, I am bound to add, that I experienced every attention ; that I was accompanied, on most occasions, by the deputies them- selves ; that no parts of the prison were concealed ; that no ques- tion of mine was denied a reply; and that different suggestions 17] the Prisons in Spain and Portugal. 305 which I ventured to make, were listened to with attention and sympathy, arid, in many cases, with a promise that reformation should be introduced when its necessity was most glaring. At Seville, mass is said every Sunday, and on every saint's day, and the masses are paid for out of the general fund. The eccle- siastics appear to take little interest in the moral improvement of the prisoners. They require the criminal to confess at Easter, when they administer the sacrament, and with this their religious duties are supposed to be discharged. Besides the sale of various articles of food within the prison, the convicts confined for minor offences are allowed, on their parole, and on the gaoler's responsibility, to leave the prison on general errands for the rest. Wine and spirituous liquors are sold by the gaoler, and form one great item of his profits. Though drunkenness is a very rare vice in Spain, yet the exceeding cheap- ness of fermented liquors makes their introduction a very serious calamity, and often leads to disputes and bloodshed. There is no provision for the cleanliness of the prisoners, who shave only when they can afford to pay a barber. On their discharge, there is an exaction for prison-fees, the amount of which I could not ascertain ; but I was assured that no prisoners had ever been detained for their non-payment. The moral effect of such a system as this can but be fatal. Instead of reformation, more confirmed profligacy virtue itself could hardly resist the contagion of such an atmosphere ; and to this atmosphere are to be introduced, and in it are to be con- founded, the young and the old, the innocent and the guilty, the public writer and the bandit, those who have erred but once, and those whose lives are but the records of crime. I saw in the same apartment Mejia, an eminent political journalist, confined for a libel, the noted Abuelo, chief of one of the southern hordes of banditti, several assassins, and criminals of every degree, from trifling fraud., up to the most atrocious enormities. CADIZ. THE prison is conveniently situated at one of the extremities of the town, in a high and healthy spot, on an isthmus, and visited by constant sea-breezes. The whole building is not completed ; and though the form is regular, the division into courts and apart- ments is injudicious and unfortunate. The larger court, which has a chapel in the middle, where mass is performed, might be adapted to the principle of central inspection, without much diffi- culty. The internal arrangements were formerly better than of late , and several trades were carried on within the prison ; but VOL. XXIII. Pom. NO. XLVI. U 306 Mr. Bowring on the State o,. (lg every thing good had been allowed to decay, and every thing bad had been allowed to florish. The present Committee of the Ayuntamiento seem quite dis- posed to listen Jo any plans of improvement, and to carry them into effect. There is no external wall to the prison, and no streets near it. It was intended to hold five hundred prisoners ; the usual number confined varies from 1 50 to 200. On the 1 st of January, 1822, there were 199 prisoners, of whom four were women ; on the 15th of January, 170, of whom six were women ; and on the 3 1st, 180, among whom only two were women. There are two yards, both paved, each having a fountain of good water. The state of the privies is most offensive, and in the heats of summer, must be absolutely intolerable. There is much filth in many of the apartments ; and though there is a regulation, ordering the prison to be white- washed twice a-year, it is only partially carried into effect. The rooms which are crowded, are most loathsome, with the exception of some in the higher story, which are spacious and comfortable j but the arrangement of the prisoners is alto*, gether arbitrary. In the lesser yard are no less than from 70 to 120 prisoners, and from forty to fifty are crowded into some of the sleeping-rooms, where the stench and filth are abominable ; light is allowed throughout the night , the windows are not glazed, nor is this either necessary or common in Spain. Though fire is pro- hibited by the regulations, yet I observed the prisoners had intro- duced it. The medical attendant visits every day. r l^he number of sick is generally about sixteen or eighteen. The common disease is the itch, but wounds are often given in the squabbles of the prisoners ; and I was surprised at seeing twenty or thirty plasters prepared, which, I was told, would be sufficient only for a day or two. The gaoler has occupied his present situation two years ; his salary is 12,000 Rs. now , but formerly the profits and extortions were so great, that a considerable sum was given for the office. I saw no severity or injustice, nor did I hear any complaints of him from the prisoners locked up in solitary confinement for misconduct in the prison. He says, he visits the prison once, twice, or thrice a-day , but, from the want of printed rules, the conceptions of the gaolers as to their duties, are usually very vague and imperfect. There are eighteen turnkeys and dependants a strange contrast to the Cordova gaol, where there is only one. In Cadiz, as elsewhere, there is always a military guard, who are relieved, I believe, every four hours. No one prisoner has escaped in the last year, and attempts at escape are rare. The accounts of IP] the Prisons in Spain and Portugal. 307 daily disbursement of the prison, which are paid by the Ayun- tamiento, are as follows : One loaf of bread per day, weighing three quarters of a pound, and one quarter of a loaf for soup to each prisoner ; 12lbs. of coals, 12lbs. of rice, 25lbs. of French-beans, 61bs. of pease, H lb. of pepper, lib. of butter, 7lb. of oil per day, for the whole prison ; 180 rials' worth of vegetables, 19 measures of salt, and 8 trails of garlic per month. Their food is distributed twice per day. On the 31st of January, there were fifteen prisoners in the hospital, the total being 180. There is no difficulty in conversing with the prisoners through the grating ; but their friends are not allowed access to the interior. On application to the Ayuntamiento, strangers may obtain a view of the whole. Of the prisoners who leave the gaol, a great number return. The exact proportion I could not ascertain. The rewards for good-behaviour consist in the appointments to some of the prison offices. The punishmeift for offences is solitary confinement, the longest period of which is three or four days. The dark and subterranean dungeons are now destroyed, and fetters are no longer used. In other respects, few improve- ments have taken place ; though I think no committee would be more likely to listen to any hints than that which attends to this prison. LISBON. THE great prison of the Limoeiro, at Lisbon, is a horrible place of confinement. It is a representation, on a grander scale, of all the filth and misery of which I have given some details in speaking of the Spanish gaols. Its situation is on one of the mountainous streets in the Portugueze capital, and was formerly the Arch- bishop's palace. There is nothing to prevent constant communi- cation with the street through the double iron bars ; and, in fact, through these, the meals of the prisoners are served. A great proportion of the crimes committed in Lisbon are plotted between the confined and the unconfined criminals, by whom a constant, unchecked and unobserved communication, is kept up. Through these bars any thing can be conveyed, food, raiment, liquors, weapons, tools whatever, in a word, can pass through a square, several inches in extent. The number of prisoners has been as great as 700 ; the usual number is 400. The state of the apart- ments in which the prisoners pass their time is horrible. The stench overpowered me ; and though I remained in the rooms only a few minutes, I felt seriously indisposed. The Portugueze Cortes have already taken some steps to reform 308 Slate of the Prisons in Spain and Portugal. [20 the intolerable and disgusting state of the prisons of their country. A committee of six individuals has been appointed, with directions from the Cortes to occupy themselves in the immediate improve- ment of these scenes of shame and sorrow. They have already begun their good work ; and a place is nearly completed, in which the prisoners will have the benefit of daily exercise ; for hitherto they have been shut up, as it were, in constant suffocation, and as many as a hundred in an apartment ; and this in the climate of Portugal ! The expense of maintaining the prisoners is about 8,000 cruzados, rr 1,OOOZ. per annum. Of this, one-half is paid by the city, and the other by the Miserecordia^ a benevolent association, possessing considerable funds from sundry bequeathed estates. The kitchens, &c. are separate from the prison, and the servants of the Misere- cordia provide and prepare the victuals during one-half of the year, and those of the city (in a different part of the building) through the other half. The food appears insufficient, and little nutritious ; it consists principally of a soup made of rice , the allowance of bread being also one pound and a half per day for four persons. The number of sick, on the 2d March last, was 48. The present Minister of Justice, Senhor Jose de Silva Carvalho, has expressed an earnest wish to introduce a wiser system of prison- government. I am sure he would lend all the weight of his authority to any practicable amelioration. It is fortunate for their country it is fortunate for the world, when such men. possessed of the wish to do good, and the power to give that wisn effect, occupy the exalted stations of society. RETURN TO* MAIN CIRCULATION ALL BOOKS ARE SUBJECT TO RECALL RENEW BOOKS BY CALLING 642-3405 M E3e$ s^ DUE AS STAMPEt>H|iEM_ ^^^^M V SENtONILL APR 1 1996 U. C. BERKELEY 1M NO. DD6 UNIVERSITY OF CALIFORNIA, BERKELEY BERKELEY, CA 94720 YB 07716 M78919 THE UNIVERSITY OF CALIFORNIA LIBRARY