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 REPORT OF THE DIRECTORS 
 
 
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 OF 
 
 MASSACHUSETTS STATE PRISON, 
 
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 TO HIS EXCELLENCY THE GOVERNOR 
 
 AND THE HONOURABLE COUNCIL. 
 
 OCTOBER 18 , 1827. 
 
 REVIEWING CERTAIN PARTS OF 
 
 ®fjt Second Annual iU$crt 
 
 OF THE 
 
 PRISON DISCIPLINE SOCIETY. 
 
 To which is added, the 
 
 REPORT OF THE PHYS^IAN 
 
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 OF MASSACHUSETTS STATE PRISON. 
 
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 PUBLISHED BY ORDER OF TlI&filRECTORS- 
 
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 - $5 
 
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 DUTTON AND WENTWORTH....PRINTERS. 
 
 
 1827 . 
 
PREFATORY NOTE. 
 
 The Directors of the Massachusetts State Prison in giving 1 publicity to a certain 
 portion of a Report, recently made by them to the Executive of the Commonwealth, 
 
 before his Excellency has communicated that Report to the Legislature, are influ- 
 
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 enced only by a sense of duty towards the public. 
 
 Directort room, Mass. State Prison, Nov. 9, 1827. 
 
EXTRACT. 
 
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 In connexion with this our customary Annual Report, the 
 Directors feel it a duty to notice some statements which 
 have been made in regard to this Institution, in a publica¬ 
 tion extensively circulated, and entitled “ Second Annual 
 Report of the Board of Managers of the Prison Discipline 
 
 5 J 
 
 If this Board were to remain silent in regard to this 
 publication, the natural inference would be, that every 
 representation it contained was assented to; and this con¬ 
 clusion would be the more strongly taken, as it is well 
 known that the Report alluded to was published, in some 
 degree, under the patronage of the Legislature. It has 
 not been the intention of this Board, to take official notice 
 of unofficial publications, but the character and complex¬ 
 ion of the appeal made to the public by this Report, and 
 the countenance it has received from the Legislature en¬ 
 title it to our attention. 
 
 This Report emanates from an association of gentlemen, 
 who are unquestionably actuated by virtuous and philan¬ 
 thropic motives, and contains much that is useful and 
 instructive. We regret, however, that the tone and style 
 of some parts of it, have a tendency to produce a feverish 
 and erroneous state of public opinion in regard to this 
 Institution. 
 
 If the representations and delineations it contains, pre¬ 
 sented a true picture of the state, discipline, and manage¬ 
 ment of this Institution, ourselves, the Warden, and every 
 officer connected with the prison, would have reason to 
 blush. But we humbly conceive that the zeal of the gen- 
 
 burton hist, col 
 
 ‘DETROIT 
 
 EXCHANGE DU PI VC 
 
 i r o' 
 
 
4 - 
 
 tleman, who has drawn up this Report for the society, has 
 transported him beyond the bounds of sedate investigation. 
 
 Duly appreciating, however, his motives and labors, we 
 proceed to take notice of some of the prominent parts of 
 his production, which we think have a tendency unne¬ 
 cessarily to disturb the public mind in regard to this 
 
 establishment. 
 
 * 
 
 At page 11 of the Report, it is said, that “ In in the Massa¬ 
 chusetts Prison , a keeper teas detected three times in succession 
 by Mr. Soley , one of the Directors , in furnishing bills to be 
 altered , and materials to alter them to a convict. A warrant 
 ivas issued for him , but he made his escape. Another keeper 
 ivas discharged soon after , on suspicion of improper conduct , 
 and in a communication made by the Directors to the Governor 
 in the autumn of 1825, and by him submitted to the Legisla¬ 
 ture , several other cases are mentioned of malepractice by con¬ 
 tractors and assistant keepers A 
 
 The statement that an officer was three times detected 
 in malepractice before measures were taken to arrest his 
 career, implies that the two first transgressions'were either 
 forgiven or overlooked, but such was not the fact. The 
 conduct of Osgood, the officer alluded to, had excited 
 suspicions in one of the members of this Board, and he 
 was desirous of having indubitable proof of his guilt, be¬ 
 fore a formal accusation should be made. 
 
 The three instances mentioned in the Report were only 
 parts of one process of detection, and ought so to be un¬ 
 derstood by the public. The report of Mr. Soley, made at 
 the time, will give the true complexion to the transaction, 
 and in connexion with the Report of the whole Board of 
 1825, bring again to your Excellency’s mind, the degree 
 of care and vigilance used on the occasion referred to. 
 
 Indeed such was our attention, that days were spent in 
 anxious enquiry, and every officer of the prison, from the 
 keeper downward, underwent a separate and as strict an 
 
examination as usually takes place in our courts of justice, 
 and, in conclusion, another officer was discharged on the 
 ground of his being too frequently absent from his duty. 
 
 The Report of the Directors of 1825 mentioned in the 
 passage quoted, will explain the instances of misconduct 
 alluded to in the Prison Discipline Report. From this it 
 will appear that the “ several other cases of malepractice” 
 alluded to in that publication, occurred in the course of 
 the seven preceding years. 
 
 The State Prison at Auburn, which is said to be the best 
 constructed, and by ,some thought to be the best con¬ 
 ducted prison in America, has not been exempt, during 
 the short time of its operation, from instances of a similar 
 description, as appears by the Report itself at page 12, in 
 these words, “ Even in the prison at Auburn , which is in 
 many respects so worthy of commendation , the commissioners 
 mention in a late Report to the Legislature , that one Terrence 
 Heeney , who was never fit for the trust of a guard , was three 
 times appointed to that place , and three times removed for mis¬ 
 conduct ,” they also say , “ that several other cases have been 
 proved of the appointment of incompetent or unfit men , but in 
 general they were removed so soon as their unfitness became 
 known.” 
 
 The Directors of this Institution can with truth, make 
 use of stronger language than this; they can say, that 
 every incompetent and unfit officer has been removed 
 as soon as his unfitness became known. 
 
 We now notice the statement of recommitments at page 
 15 of the Report, and the following passage at page 100, 
 viz. “ The recommitments have corresponded with what might 
 be expected from such a school of vice.—In 1S17 out of three 
 hundred convicts then in prison , ninety were for a second , third , 
 
 or fourth time; and in 1827 the proportion ivas about the 
 same.” 
 
 The passage referred to, naturally suggest the opinion 
 that this Institution, so far from operating to restrain 
 
9 
 
 6 
 
 crime, has a direct and powerful influence in multiplying 
 villains and villany. “In 1817 out of three hundred convicts 
 then in prison, ninety were for a second, third, or fourth timed ’ 
 The stress put upon the circumstance to say the least of it, 
 rests in a fallacy. 
 
 To estimate correctly the effect of punishment and dis¬ 
 cipline in this Institution, we must ascertain the whole 
 number of individuals who have been subjects of correc¬ 
 tion since it first went into operation in the year 1805,— 
 and then ascertain how many out of that number have 
 returned. 
 
 The whole number we find amounts to 1753, out of 
 which 1436, have never returned a second time ;—317 out 
 of the whole number have been subjects of a second, third, 
 and fourth commitment. And now out of the 1753, who 
 are, and have been here, only ninety are found who have 
 been previously at the penitentiary, and a large proportion 
 of these will be found to be old and incorrigible offenders. 
 
 It is obvious that the older an Institution of this kind is, 
 the greater will be the number of returned convicts in 
 proportion to the number actually within the walls at any 
 given time. It is fallacious, therefore, to found an infer¬ 
 ence on such a view as the Report presents. 
 
 Rightly to test the efficacy of prison discipline, we re¬ 
 peat, we must compare the number of returned convicts 
 with the whole number of individuals who have been in¬ 
 carcerated, and, on this view of the subject we submit to 
 your Excellency, whether this Institution deserves to be 
 stigmatized as “ a school of viced 9 
 
 But if this Institution be “ a school of vice,” we might 
 expect to see the numbers of our prisoners annually aug¬ 
 menting. On examination, however, we find no such aug¬ 
 mentation. The annual returns from 1817 to 1826 inclu¬ 
 sive, a period of ten years, give 3125, averaging 310 per 
 year, nor have the actual returns, with one or two excep¬ 
 tions, differed much from this number. At the present 
 
7 
 
 time, however, there are but 285 prisoners in confinement, 
 a number much below the average. 
 
 Including the return of this year and that of 1820, when 
 Maine was separated from Massachusetts, a period of eight 
 years, we find the whole number of prisoners 2389,—an¬ 
 nual average 298 since the separation, but this year we have 
 on hand but 285. From this it would appear that offences 
 diminished, while population increased ;—and that if this 
 Institution be “ a school of vice,” it has not multiplied the 
 number of criminals in the community. 
 
 The next statement in the Report requiring explanation, 
 is at page 13, and regards the pay of one of the assistant 
 keepers, and is as follows, “ In the Massachusetts Prison, the 
 total expense to the state of supporting the prison nine years from 
 1814 to 1824 was $78,328 44. The average number of convicts 
 was 303. During the last three years , the total income after de¬ 
 fraying every expense, has exceeded $20,000. And even during 
 the latter period, it was ascertained by a Committee of the Legis¬ 
 lature, and so published in their Report, that one of the assistant 
 keepers, ivhose nominal salary is $354, received in addition, in one 
 year, the sum 0 ^* $3002 25 from the prison, a yearly income greater 
 than that of any officer in the Commonwealth . The Report con¬ 
 taining this extraordinary fact, is signed by Thomas I. Goodwin, 
 Chairman of the Committee .” 
 
 The keeper alluded to is the Overseer of the stone 
 department, from whence the great profits aforesaid, have 
 been derived. Formerly this Institution was very expen¬ 
 sive to the Commonwealth, and honest and industrious 
 free citizens without, were taxed in order to restrain 
 rogues and desperados within the walls of the prison. But 
 the successful operations of the stone department, super¬ 
 intended by the assistant keeper alluded to, have produced 
 an advantageous change in the fiscal affairs of the Institu¬ 
 tion. 
 
 This Board have not been unmindful of the great ad¬ 
 vantages which from this source have resulted to the Com- 
 
8 
 
 monwealth, and have made use of all the means in their 
 power to render this department still more productive. 
 And perfectly aware that the superintendant of the stone 
 department is master of his business in all its branches, 
 able to plan and to execute the work for the most extensive 
 stone edifices, so that every stone wrought in the prison 
 yard, will accurately adjust itself to its place in the build¬ 
 ing for which it was designed ; this Board have long been * 
 satisfied that such an artizan could not be obtained at the 
 low price of an assistant keeper. 
 
 The question then presented itself as to the degree and 
 mode of compensation, which- should seem best adapted 
 to promote the interests of this Institution ;—-and the Di¬ 
 rectors being at all times unanimous in opinion, that it 
 was competent for them to compensate this officer, or any 
 other whose services would admit of it, by commissions; 
 applied this principle of compensation to the services of 
 Mr. Johnson. We can add, that we have seen no reason 
 to doubt, on any ground, the correctness of our determina¬ 
 tion. As at present advised, we shalhcontinue the course 
 we have adopted, until otherwise directed by competent 
 authority. The mode we have adopted, identifies the in¬ 
 terests of the Commonwealth with those of Mr. Johnson; 
 and contributes to raise the reputation of the prison stone 
 work, and consequently to extend the sale of it. 
 
 Owing to the unexpected amount of compensation which 
 Mr. Johnson at one time received, the Board latterly limit¬ 
 ed his commissions, so that these in no case can exceed 
 $2000 per annum. We say unexpected amount of com¬ 
 missions, and add in proof an extract from page 100 of 
 the Report, “ The proceeds of labour in the stone department of 
 about one third of the men were more than sufficient to cover the 
 expenses for provisions, clothing, bedding, and salary of the of¬ 
 ficers for the whole establishment. It is honourable to the Warden 
 and assistant keepers, that results formerly so unexpected* have 
 
 * This complimont to the Warden and assistant keepers, is with pleasure ex¬ 
 tracted from the Prison Discipline Report. It is, however, singular that the writer 
 
9 
 
 been gained under their management in the pecuniary concerns of 
 the Institution.” 
 
 We ought to add, that the commissions of the overseer 
 of the stone shed must be necessarily fluctuating, and that 
 they ought to be calculated in reference to a term of years. 
 This year his commissions will not exceed $1275. 
 
 At page 100 of the Report, we find the following state¬ 
 ment in relation to overstent. “ The vices of the prisoners 
 in which they have been detected, are bribing persons to bring them 
 prohibited articles , by a most mischievous and demoralizing use of 
 their overstent money. It has been used to purchase cards, spirits , 
 digitalis, bills to be altered, and materials to alter them. It is 
 difficult to conceive in what way $4000 annually could be the pro¬ 
 curing cause of more moral evil, than this amount of overstent , 
 subject to the order of convicts in a State Prison .” 
 
 Whoever has examined with a discerning eye the con¬ 
 dition of those who have become subjects of infamous 
 punishments, must have seen many instances calculated to 
 awaken commiseration. The rules of justice will not per¬ 
 mit the Judge to take into consideration the various acci¬ 
 dents, or in other words, the course of destiny, which may 
 have brought a criminal to the bar, and from the bar con¬ 
 signed him to ignominious bondage. But certain it is that 
 to a want of education, to vicious associations, into which 
 the criminal has been cast by circumstances beyond his 
 control; to feebleness of constitutional character, and 
 many other causes operating in relation to him, may often¬ 
 times be traced those deviations which have led to infamy. 
 
 The laws which establish the system of penitentiary 
 punishments, suppose that in the breasts of criminals gen- 
 
 of that Report, should have attributed the successful operations of the stone de¬ 
 partment exclusively, to “ their management in the pecuniary concerns of the Insti¬ 
 tution.’ 7 If the credit had been given to the Warden and assistant keeper of the 
 Stone department, the compliment would be less objectionable on the score of 
 truth. As it is, however, it is hoped the members of the Government will in due 
 time see for themselves, unbiased by such representations. 
 
 2 
 
10 
 
 erally, there are seeds of honor and religion remaining, 
 which may be advantageously cultivated. To quicken 
 those seeds and promote a new growth of virtuous princi¬ 
 ples and resolutions in the heart of the malefactor, must 
 be one great object contemplated by every system of 
 penitentiary punishment. Those general rules which are 
 best calculated to reform the corrigible, though they seem 
 to operate with too much lenity upon those who turn out 
 in the end incorrigible, are the most consistent with the 
 principles of Christianity. If while the incorrigible are 
 cut off from society, and made to repair in some degree 
 by labor, the damage occasioned by their crimes, those 
 who are subjects of reformation, can have hope and ambi¬ 
 tion kept alive in their bosoms, as the basis of a different 
 and better character, the most consoling results may be 
 expected. 
 
 Considerations of this kind, have had an influence upon 
 the minds of all the Directors in the allowance of over¬ 
 stent to the convicts. They have thought the indulgence 
 had a tendency to beget and secure in the prisoner habits 
 of industry, and to keep alive that degree of ambition 
 without which no real reformation can be expected. This 
 indulgence furnishes a small fund, which, while it accumu¬ 
 lates, teaches the value of innocent industry, and after it 
 is accumulated, furnishes something with which the pris¬ 
 oner may begin the world anew. 
 
 The Commonwealth, also, derives great advantage from 
 the allowance under consideration, as but one half of all 
 that is earned in this way is reserved for the convict, the 
 other going entirely to the credit of the State. The prac¬ 
 tice under consideration has been sanctioned for many 
 years, by the opinions of some of the most enlightened 
 Chief Magistrates of this Commonwealth, nor has it been 
 a source of the abuse alleged in the Report,—the over¬ 
 stent not being at the disposal of the prisoner, without an 
 
11 
 
 express order from a Director, until expiration of sen 
 tence.* 
 
 The transfer of overstent from one prisoner to another, 
 has been strictly prohibited by the Board, so that they 
 cannot convert the overstent they may have on the books 
 into a circulating medium in the yard. He therefore, 
 who earnes it, has the entire advantage of it, and when¬ 
 ever an appropriation of it is permitted by the Director or 
 Directors, the object of the appropriation is investigated. 
 In many instances which may be particularized, prisoners 
 by the little aid they have derived from this source, have 
 during their confinement contributed, in some degree, to 
 the support of their families, and thus have sustained those 
 domestic relations, which are so eminently calculated to 
 produce reformation in a prisoner. 
 
 Indeed, from experience and the best consideration the 
 Board have been able to give the subject, they are of 
 opinion that the allowance of overstent, under judicious 
 regulations, is advantageous to the prisoner as well as pro¬ 
 fitable to the Commonwealth. It has a direct tendency 
 to increase the income of the Institution, and thus to exon¬ 
 erate honest men from the maintenance of rogues. 
 
 At Auburn we understand that overstent is not allowed, 
 and at page 14 and 15 of the Report, we find the follow¬ 
 ing account of the income of that Institution. “In the 
 Auburn prison which is a specimen of industry seldom equalled, 
 and which affords specimens of work in different branches of me¬ 
 chanical business, not easily surpassed, where the men are required 
 to work all day, from an early hour in the morning till near sun¬ 
 set, for the benefit of the Institution, with only the exception of 
 sufficient time to eat their meeds; the prison being located in a 
 part of the country where provisions arc cheap, 433 convicts 
 
 * There is a general order of the Board, sanctioned by the Governor and Council, 
 that for the encouragement of industry and good conduct, convicts of the first and 
 second classes, are allowed to invest twenty-five cents per week of their overstent, 
 in such articles of food for their immediate use as the Directors approve, and which 
 is supplied by the Commissary only. 
 
12 
 
 laboured hard the whole of the last year, and did not earn enough 
 to defray the expenses of the Institution by $10,195, 88.” 
 
 We by no means say, that the difference between the 
 incomes of the two prisons hitherto, is to be accounted for 
 on the score of overstent allowed here. But should the 
 Institution at Auburn, by way of experiment, allow to its 
 prisoners overstent for a year or two, the result might fur¬ 
 nish a strong argument either for or against the practice. 
 
 From the manner in which this overstent has been 
 sometimes represented, an opinion has occasionally been 
 expressed, that its tendency was to induce the prisoners 
 to return a second time to the prison; but the fact that 
 out of 1753, prisoners, who have been within the walls 
 since the cells were first locked, 317 only have returned 
 for new offences, sufficiently exposes the error of such a 
 belief. 
 
 The Report at page 85 adverting to the management of 
 the prison in Maine, has this statement. “ An important 
 experiment has been made in this prison, of the effect on health, of 
 cutting off habitual drunkards at once from the use of spirituous 
 liquors in every form, and confining them to cold water. It has 
 been found invariably beneficial. They seem to renew their 
 youth; and a more hale, healthy, muscular body of men cannot be 
 found in prison or out of prison, than the cold water convicts in 
 the (quarry of the Maine prison. It is an experiment also to shoio 
 that hard labor can be performed on good food and cold water. 
 As evidence of this, it is only necessary to see these men handle 
 rocks.” 
 
 In speaking also of the prisons in New Hampshire, Ver¬ 
 mont, Sing Sing and Auburn, “ the same valuable experi¬ 
 ment has been madef it is said; but in speaking of this 
 Institution, the most profound silence is observed in re¬ 
 gard to this point. The form of language made use of 
 in regard to the prison in Maine, would lead the public 
 to suppose that that Institution lmd first led the way in 
 this improvement. It is called “ an experiment ,” and this 
 
13 
 
 expression connected with the context, leads the reader 
 to believe, that the improvement has been made in regard 
 to prisons for the first time in Maine. “A more hale , 
 healthy , muscular body of men cannot be found in prison or out 
 of prison , than the cold water convicts in the quarry of the 
 Maine prison ,” says the Report. This eulogium, together 
 with compliments to the prisons of New Hampshire, Ver¬ 
 mont, Sing Sing and Auburn, for pursuing a similar 
 course, and the mysterious silence observed in regard to 
 this prison, amounts, whatever may have been intended, to 
 a strong insinuation, if not to an affirmation, that the use 
 of intoxicating liquors is permitted to the prisoners here. 
 
 Whoever is acquainted with the laws of this Common¬ 
 wealth which regulate this prison, know that the use of 
 intoxicating liquors are forbid to the prisoners, and we say 
 that these laws have always been rigidly enforced, so far 
 as this Board has had the authority. Indeed the Board 
 have been so rigid upon this subject, that several years 
 ago they forbid the introduction of ardent spirits within 
 the walls for the use of the overseers and guards. 
 
 In relation to the alleged differences between the Di¬ 
 rectors and the Warden of the prison, the Report has this 
 passage at page 94. “ The duties of the officers, particularly 
 
 of the Directors and Warden, have not been sufficiently defined, 
 and consequently there has been a controversy between them for 
 many years. This controversy has led to mutual recrimination f 
 jealous and hostile feelings, and many embarrassments concerning 
 the management and discipline of the Institution. It is not sur¬ 
 prising that a house thus divided against itself, should have diffi¬ 
 culties within and without. The Directors think the Warden's 
 office unnecessary. The Warden may commit a man to the cells 
 for punishment, and the Director for the week, remove him. The 
 Warden remove certain indulgences from the prisoner, and the 
 Director for the week, restore them. The Directors order monies 
 paid to an assistant keeper, which the Warden thinks unjustifia¬ 
 ble, and the Warden ref uses to pay it. It is, and has been, a most 
 
14 
 
 uncomfortable controversy , totally inconsistent with the order of 
 the Institution, and the interests of the State.” 
 
 We regret that a statement like this should be put in 
 circulation by any individual. It is but calling up the 
 controversies of former years; controversies which oc¬ 
 curred not between the present Warden and the Board, 
 but between them and an officer who has slept for years 
 in his grave. In relation to the present Warden, this 
 Board endeavour to act with courtesy and independence, 
 and whatever may be the opinion of individuals of the 
 Board, in regard to the utility of his office, or his opinion 
 in regard to the utility of theirs, they have always treated 
 him and his station with perfect respect. 
 
 It is not long since, that the Warden preferred volumi¬ 
 nous charges against the superintendant of the stone shed 
 to this Board, those charges were received, Mr. Johnson 
 called on for his answer, and the Warden for his proofs, 
 and every attention was given to the case, which the most 
 scrupulous respect to the Warden, and the rights of Mr. 
 Johnson could dictate. The whole proceedings, as far as 
 was practicable, were on paper, in order that the execu¬ 
 tive and legislative departments of the Commonwealth, 
 might at all times, recur to the grounds of the Wardens 
 complaint, and our decision. 
 
 It is said “ that the Warden may commit a man to the cells 
 for punishment , and the Director of the week remove him” 
 This Board have no recollection of any instance which 
 can countenance this allegation, but if there are instances 
 to support it, the law will be found on the side of the 
 Directors. The Directors have always had a power of 
 this kind vested in them by the Legislature, and whether 
 rightly or wrongly, the Legislature will determine. Most 
 men, however, educated under our free institutions would 
 hesitate at least, before they confided the uncontroled 
 power of punishing three hundred prisoners to any one 
 individual whatever, however discreet he might be. 
 
15 
 
 As to the indulgences which the Warden removed from 
 a prisoner, and which the Director for the week restored, 
 upon enquiry of the Director, we find he has no recollec¬ 
 tion of such a circumstance. 
 
 The monies ordered by the Directors to be paid to an as¬ 
 sistant keeper, and which the Warden thinks unjustifiable, 
 and refuses to pay, alludes undoubtedly to the commissions 
 which the Board directed to be paid to Mr. Johnson, and 
 with which direction, it is true, the Warden refused to 
 comply. But Mr. Johnson virtually appealed to the Le¬ 
 gislature from the Wardens determination, by preferring 
 his petition for the compensation which this Board had di¬ 
 rected to be paid him, and after a full hearing before the 
 committee, the Legislature enforced the order of this Board 
 by passing the following resolve. 
 
 “ In the year of our Lord, one thousand eight hundred and twenty 
 seven. 
 
 Resolve on the Petition of Samuel R. Johnson. 
 Resolved, That the Warden of the State Prison, pay to Samuel R. 
 Johnson, an overseer in said prison, and superintendant of the stone 
 department therein, such sum of money, as the Directors of said prison 
 shall determine to be due said Johnson for his services, up to the first 
 day of April next.” 
 
 This, as was supposed, settled the question to the satis¬ 
 faction of all parties. In fact, in regard to other officers 
 of the prison, we have applied the principle of compensa¬ 
 tion by commissions, without hearing of any objection.— 
 The turnkeys are allowed a commission of five per cent on 
 all monies received by them on the admission of visiters, 
 and these commissions are quarterly cast and paid by the 
 Warden, on the general order of this Board. 
 
 In view of the statement which has caused these remarks, 
 we must repeat our regrets, that difficulties should be re¬ 
 presented to exist, which formerly took place between this 
 Board, and one who is now no more, and that differences 
 of opinion should be called up anew, which we thought 
 had been settled by the Legislature itself. 
 
16 
 
 That differences of opinion may occasionally occur be¬ 
 tween the branches of a government, constructed like that 
 of this Institution, is to be expected ;—the object of the Le¬ 
 gislature having been to check and balance the govern¬ 
 ment of this prison. The act of March 10, 1827, which 
 refers to your Excellency, and honors, the determination 
 of certain questions about which this Board and the War¬ 
 den may differ in opinion, will we trust have a salutary ten¬ 
 dency.* But that any differences of opinion which may 
 
 * An Act in addition to the several Acts for the government and regulation of the 
 State Prison, and defining the powers and duties of the officers of the same. 
 
 [Passed March 10th, 1827.] 
 
 Sec. 1. Be it enacted by the Senate and House of Representatives in General Court 
 assembled, and by the authority of the same, That in addition to the officers of the 
 State Prison who are now by law to be appointed by the Governor and Council, 
 there shall be appointed, in like manner, some suitable person, to be Clerk and 
 Commissary of said Prison, who shall do and perform all the duties which hereto¬ 
 fore have been done and performed by the Clerk and Commissary of said Prison, 
 and such other duties as shall from time to time be assigned to him by law, and the 
 said Clerk and Commissary shall hold his office for the term of four years unless 
 sooner removed by the Executive for the time being, and shall be entitled to receive 
 as compensation for all services by him rendered, such sum, not exceeding in any 
 case, one thousand dollars per annum, payable quarterly, as the Directors may or¬ 
 der 5 and shall not be entitled to any other perquisite or emolument whatever and 
 so much of any law as authorizes the appointment by the Directors, of any officer, 
 agent, or servant of said prison, shall cease to have effect, and the same shall be 
 and hereby is repealed. And all such officers, agents and servants shall be appoint¬ 
 ed by the Warden of said prison, by and with the advice and consent of the Di¬ 
 rectors for the time being: Provided, however, that all said officers, agents and ser¬ 
 vants, who are in office, shall continue therein until others are appointed in their 
 room. 
 
 Sec. 2. Be it further enacted, That any officer, agent, or servant of the prison, 
 now or hereafter appointed, except such as are or may be appointed and commis¬ 
 sioned by the Governer and Council, may be removed by the Directors, upon in¬ 
 formation and complaint of the Wai'denj and in case of a refusal of the Directors 
 to remove any officer, agent or servant, upon information or complaint as aforesaid, 
 the Warden may appeal to the Governor and Council, who are hereby authorized 
 and empowered to make such removal. 
 
 Sec. 3. Be it further enacted, That all orders by the Directors for the regula¬ 
 tion and management of the affairs, officers, agents or servants of the prison, or of 
 the convicts confined therein, shall be given in writing to the Warden, and in his 
 absence to the keeper, who shall cause the same to be executed. 
 
 Sec. 4. Be it further enacted, That when sealed tenders shall be received to 
 supply any of the articles provided for by an Act passed on the twenty second day 
 
1 ** 
 
 1 / 
 
 in future occur, will beget asperities and hostilities among 
 judicious and reflecting officers, by no means follows; 
 nor will this be the case we trust, unless obsolete and 
 imaginary troubles are summoned from their harmless 
 abodes, to interrupt the harmony which otherwise we 
 trust will prevail, between the departments of this prison. 
 
 A large portion of the Report from page 21 to 28, repre¬ 
 sents this Institution in such a manner, as will make it ap¬ 
 pear hideous in the eyes of most men. The style adopted 
 by the writer, is, to say the least of it, highly colored, 
 and the matter of it interspersed with error. The anec¬ 
 dote of H. Wood, so illiberal and unfounded, who was 
 generally associated at night with ten young convicts, 
 “ who wore selected because they were comparatively inno¬ 
 cent ,”—the many veterans in crime, who have been ad¬ 
 mitted teachers in our penitentiaries,—the anecdote of 
 Ross, a well known and accomplished artist,—the narra¬ 
 tive of the moulds for counterfeiting,—the desire of a 
 young offender to be imprisoned, rather than pay a fine of 
 $500, because he wished to be in prison a time, to better 
 his skill in villany,—the anecdote of the key of Marshall 
 
 of February, A. D. 1822, entitled “ an Act for regulating' the supplies of food and 
 other articles for the State Prison, and for letting by contract the labour of the con¬ 
 victs,” the Directors shall accept the lowest offer therefor, unless they shall find that 
 no offer is so low as the market price of the article wanted ; in which case they 
 shall have power to reject the lowest offer; and the Warden, by and with the ad¬ 
 vice and consent of the Directors’ shall proceed to make a contract for the articles 
 wanted, in the best manner for the interest of the Commonwealth : Provided, that 
 it shall be the duty of the Directors to cause to be recorded all the proposals which 
 they may receive for the supply of any article. 
 
 Sec. 5. Be it further enacted, That all acts and parts of acts, inconsistent with 
 the provisions of this act, be and the same are hereby repealed. 
 
 Sec. 6 . Be it further enacted, That this act shall take effect from and after the 
 first day of May next. 
 
 Sec. 7. Be it further enacted, That no officer, agent, or servant, appointed by 
 the Warden, by virtue of the provisions of this act, shall during the time he con¬ 
 tinues in office, be employed in any other business for his own emolument than that 
 which is required of him in the discharge of the duties of his office. 
 
 3 
 
18 
 
 Prince’s iron chest, as well as the story of the false keys 
 in possession of the Warden,—the allusion to the convict 
 who was pardoned by your Excellency and the Council, 
 on condition that he would leave the country, and who is 
 pronounced “ a precious gift ” to the new republics in South 
 America;—the eulogium on the discharged convicts, 
 “ whose testimony has been of great service to the public ,” to¬ 
 gether with the mention made of the Stoneham rob¬ 
 bery, present a singular combination of truth, error, and 
 embellishment, the effect of which, is to produce a 
 state of public feeling and opinion, unfavourable to sedate 
 and dispassionate inquiry. 
 
 Statements of this kind are calculated to excite alarm, 
 or to produce an opposite impression, according to the 
 manner in which they are related. That the history of a 
 prison twenty-two years old, will necessarily furnish 
 many examples of artifice and depravity is to be expected : 
 but the few anecdotes which this Institution furnishes, of 
 the character narrated in the Report, in comparison with 
 the number of prisoners of all descriptions and characters, 
 which have been its inmates, from its establishment, ex¬ 
 hibit no substantial ground of alarm. But when several 
 of them are grouped together, without reference to the 
 circumstances of time and number of prisoners, the array 
 is imposing ,and calculated to produce effect. 
 
 “ A letter” also we are informed at page 26, “ has been pre¬ 
 pared,” “ and sent as a circular to men in authority , with the ex¬ 
 pectation of rousing their indignation and strength ,” and details 
 of testimony are spoken of, as contained in the letter, 
 which are too horrible to be exhibited more publicly. 
 In regard to this document we know nothing, never hav¬ 
 ing been indulged with the perusal of a copy of it, though 
 charged with the immediate superintendency of the Insti¬ 
 tution to which it relates. Epistolary efforts are not the 
 only ones, which have been resorted to for the purpose of 
 rousing the “ indignation and strength” of the community in 
 
19 
 
 regard to this Prison. Meetings we understand have 
 been frequently held in different parts of the Common¬ 
 wealth, in which addresses have been made, aided by a 
 display of keys, dies, plates, &c., which have been freely 
 given over, to such as have sought them, by the Warden 
 and Commissary of the prison. 
 
 We have no time to notice other things, but we cannot 
 conclude without extracting from page 48 the following. 
 “ In Massachusetts nothing more need he said concerning the 
 prison at Charlestown ;—ice only refer to the description which 
 has heen given of the condition of the lunatics in the jails of 
 this Commonwealth; and how we ask can these things he ex¬ 
 plained on any other supposition , than that they have heen 
 unknown .” 
 
 Why the prison at Charlestown should be introduced 
 in this connexion, we are at a loss to divine;—Why it 
 should be grouped into a sentence, with all the lunatics in 
 the Commonwealth, and only separated from them by a 
 simicolon , we cannot account. Neither the rules of good 
 composition, nor of tasteful diction, require this combina¬ 
 tion, but the effect of the union, is to associate at the 
 same time in the mind, the disagreeable details of idiots 
 and maniacs, which are given in other parts of the Report, 
 with an idea of this Institution. We should have sup¬ 
 posed, that the picture already given of this Penitentiary 
 in the Report, was sufficiently dark, without the aid of 
 this ingenious shading. 
 
 The truth is, that there is no connexion between this 
 Institution, and the unfortunate condition of the insane in¬ 
 mates of our county jails, and whenever it has happened 
 that a prisoner has been found here, labouring under men¬ 
 tal alienation (and the case is rare) he has always been 
 treated with great kindness and humanity, for it is incom¬ 
 patible with the dignity of justice, to heap punishment 
 upon such, as Cod hath deprived of reason. 
 
20 
 
 In the views we have taken of the Prison Discipline 
 Report, we wish to exclude the conclusion, that no im¬ 
 provement can be made in the order and management of 
 this Institution. The structure of the prison is unfavour¬ 
 able to its objects, and it must be a matter of regret, that 
 separate dormitories were not originally erected, instead of 
 the present wards, which are calculated to contain from 6 
 to 15 prisoners. But this defect, which is productive of 
 mischief, is not to be imputed to the officers of the Institu¬ 
 tion. By recurring to our Reports for many years past, it 
 will be found, that the defective structure of the prison 
 has been continually animadverted upon. The considera¬ 
 tion of the expense which would attend a radical altera¬ 
 tion of it, is the only thing which has made any of us 
 hesitate in opinion in regard to the erection of a new 
 edifice. The Legislature, however, have authorized the 
 Warden to erect a prison with separate dormitories. The 
 erection will undoubtedly be attended with considerable 
 expense; but it is confidently hoped by all, that the dis¬ 
 bursements of the Commonwealth in this particular, will 
 never be regie ted by the public. 
 
 But as the prison is now constructed, such has been the 
 effort to draw public attention to it, that it is, not only 
 the copious subject of conversation, but it is frequently 
 represented in the newspapers in a very unfavourable 
 light. The respect which is due to public opinion in 
 this Commonwealth, and the great importance of having 
 that opinion correct, may suggest the propriety to your 
 Excellency, and the Council, of taking time, before the 
 winter session of the Legislature, to give a thorough ex¬ 
 amination to the order, discipline and condition of the 
 prison. 
 
 As you are, ex officio, the supervisors of the establishment, 
 we respectfully ask you, if your other public avocations 
 will permit, to proceed to such an examination, and to 
 make such use of the result, as you may think the public 
 
21 
 
 interest requires. As to ourselves, we are desirous of this 
 scrutiny, and have no doubt that every officer connected 
 with the Institution is equally so. 
 
 E. PHINNEY, ) 
 
 JOHN SOLEY, > Directors. 
 
 WILLIAM C. JARVIS. ) 
 
 STATE PRISON, 
 
 Directors room , Oct. 18, 1827. 
 
 P. S.-BY THE DIRECTORS. 
 
 At page 94 and 95 of the Second Annual Report of the 
 Prison Discipline Society, allusion is made to an officer 
 who has been recently detected in furnishing Digitalis or 
 Foxglove , and also ardent spirits to a convict. The Board 
 have heretofore refrained from remarking upon this occur¬ 
 rence ; first, because the individual implicated, was ap¬ 
 pointed by the Warden, under the late statute, authoriz¬ 
 ing him to erect a new prison;—and secondly, because 
 the individual was bound to answer to the supreme judi¬ 
 cial court, for the offences alleged. On the 13th of No¬ 
 vember instant, he plead guilty to the charges preferred 
 against him, and received the sentence of the court. 
 The case thus situated, it may not be amiss to remark, 
 what does not appear in the Report of the Prison Disci¬ 
 pline Society, viz. that the individual who received sen¬ 
 tence, was detected by this Board, by a resort to the same 
 means, used in the detection of Osgood, vide ante page 4. 
 
 A prosecution was immediately instituted against the 
 delinquent, by the Warden of the prison, who at a special 
 meeting of the Board, received advice and information to 
 that end. It is due to the Warden, however, who em¬ 
 ployed the individual in question, to state, that until the 
 occurrence mentioned, he had sustained a highly respec¬ 
 table standing among his fellow citizens, and there is 
 reason to believe, that he sincerely regrets his deviation 
 from duty, while in the employ of the Warden. 
 
PHYSICIAN’S ANNUAL REPORT. 
 
 OCTOBER 18th, 1827. 
 
 To the Honourable Board of Visiters , of Massachusetts State Prison. 
 
 For the last six years, ending September 30, 1826, 
 the Annual Reports of the hospital of Massachusetts State 
 Prison, have been intended to show the state of sickness 
 and death of the convicts, the expense of medicines in 
 each successive year, and the simplicity of hospital prac¬ 
 tice, especially the practice of this penitentiary. The 
 records of the commissary departments will show, that 
 for the term of six years, ending September 30, 1826, the 
 average amount of medicines is less by $400 per annum, 
 than for six years immediately preceding, and the hospi¬ 
 tal records will show, that during the same period, that of 
 an equal number admitted and treated, there has been 
 fewer deaths, and less number of days lost. These facts 
 will illustrate the economy and humanity, of the simple 
 course of treatment, pursued in the hospital of Massachu¬ 
 setts State Prison. 
 
 The use of beer, also, instead of bad water, during the 
 warm season, has contributed so essentially to the health 
 and good order of the prisoners, that it ought not to be 
 overlooked. The last year, ending September 30, 1S27, 
 the bill of medicines is less than $90. The number of 
 patients admitted has been 534. The last year, ending 
 September 30, 1826, the number of patients admitted was 
 827, the difference 293. The number of days labour lost 
 this year, has been 3566, last year 3247, difference 319. 
 This difference in the number of days lost, is accounted 
 
for by the fact, that ten patients have been more than one 
 hundred days each, in the hospital, one death has hap¬ 
 pened during the year, no epidemic has occurred, and 
 there is no prevailing disease in the prison at this time, 
 there are twelve in the hospital. 
 
 Respectfully submitting these facts and observations, 
 the physician of the Massachusetts State Prison, begs 
 leave to call the attention of the honourable Board of visi¬ 
 ters, to a paragraph in the Second Annual Report of the 
 Prison Discipline Society, relating to the hospital depart¬ 
 ment of the Massachusetts State Prison. In this Report, 
 a fact is stated, viz. that an unfaithful contractor, fur¬ 
 nished a convict with Foxglove, and this fact is assumed, 
 as sufficient to explain the reason, why so large a number 
 of men, are usually found in the hospital, without involv¬ 
 ing the character of the Physician. The cause assigned, 
 is altogether irrelevant to the effect presumed, so insulated 
 in its nature, and so limited in its effects, that it did not 
 reach the hospital. It doubtless sent several convicts to 
 the cells, but not one to the hospital. The real causes 
 which fill our hospital, are primarily to be found in the 
 diseases, which criminals bring with them to the prison. 
 The miserable man who abuses society by his crimes, is 
 almost certain to abuse himself by his vices, and while 
 the laws of the land take cognizance of the first, the laws 
 of his physical being, hold him amenable for the last.— 
 Punishment follows close upon crime, and retribution both 
 from God and man, in the horrid forms of loathsome dis¬ 
 ease and degrading bondage, overtakes the wretched of¬ 
 fender, and illustrates the solemn truth, that “ the way of 
 the transgressor is hard.” 
 
 It is a fact proper to be stated in this place, that a 
 great proportion of the convicts, when they come to this 
 prison, are afflicted with the venereal disease, and this dis¬ 
 ease aggravated by bad habits of body, and irregular 
 treatment. Such convicts not only require immediate 
 
24 
 
 4 
 
 hospital treatment, and many of them for a long time, but 
 some of them subsequently become liable to the horrible 
 consequences of this terrible malady. There are at this 
 moment more than one hundred men in this prison, whose 
 constitutions, injured by the venereal disease, or the abuse 
 of mercury, or both, are occasionally racked with torment¬ 
 ing pains of the limbs and joints, or obstructions, and 
 other evils, of the urinary and genital organs, whose only 
 refuge at such times, is in the hospital. There is yet 
 another class, who are permanent hospital subjects, men 
 who can steal, but cannot work, who have been sentenced 
 to hard labour, but who cannot perform it, being in con¬ 
 sumptions when they come, who go immediately into the 
 hospital, and never leave it, until they are pardoned out, 
 or die ; and to these may be added, a large class of rheu¬ 
 matics, frequently and necessarily, in the hospital. 
 
 If to these various, actual, and prolific sources of dis¬ 
 ease, we add the occasional occurrence of epidemics, and 
 the common disorders and accidents, incident to a body 
 of three hundred men, and of such men too, closely con¬ 
 nected in a great workshop, we have a plain matter of 
 fact explanation, of the number of men in the hospital. 
 The managers of the Prison Discipline Society, have mis¬ 
 taken this matter entirely, their speculation may amuse 
 systematics and theorists, but facts alone, should be the 
 accredited teachers of sober men. Whatever evils may 
 exist within the prison, the foregoing facts show, that 
 there are great evils in society without, that have a seri¬ 
 ous bearing on the evils within, and may be regarded as 
 the sources, whence the prison, and especially the hospi¬ 
 tal, receives its inmates. The recent instance of young 
 Veazie, is a striking illustration; this young man about 
 four years ago, came to this prison, direct (as it were) 
 from the nurseries of disease and crime, from the brothels, 
 the gaming house, and the tippling shops of the City.— 
 He was a poor shattered youth, about nineteen years of 
 
25 
 
 age, and came directly into the hospital, diseased and 
 weak, imploring pity and help. By proper attention to 
 his disorders, suitable diet, and above all, by friendly ad¬ 
 vice and encouragement, he took heart, and by working 
 moderately at first, in the course of nine or ten months, he 
 became strong and healthy,—he went into the stone shed, 
 and worked well, and behaved well, and at his departure 
 from the prison last July, he was a sound, hale man, and 
 so far as we could judge, by his previous conduct, and 
 professions at the time, his reflections on the past, were 
 judicious, and his resolutions for the future, were good.— 
 But as soon as he was at liberty, his good resolutions, like 
 the green withes of Sampson, were broken asunder, by 
 the strong force of animal passions, and evil companions, 
 and he was borne headlong into the gulf of perdition, out 
 of which, the protecting arm of the law has again snatched 
 him, and brought him with the seal of disease and shame 
 upon him, within the wholesome discipline of the peniten¬ 
 tiary, here to receive the severe, but needful physic, for 
 the body and the soul. When Veazie left the prison, he 
 was no doubt sincere in his good resolutions, and all that 
 was required to enable him to keep them, was (under the 
 blessing of heaven) honest associates, and useful employ¬ 
 ment. To find useful employment with honest persons, 
 for those who leave the State Prison, is of vast importance 
 to the moral safety of such men, and to their restoration 
 to the confidence of society. This then is a great object, 
 worthy of the deep solicitude of the statesman, and the 
 ardent prayers, and benevolent efforts of the Christian. 
 
 The managers of the Prison Discipline Society, in their 
 further remarks, state it as an impropriety to place a. 
 convict as a nurse in the hospital. The correctness of 
 this opinion, must also be tried by facts. We must judge 
 of the propriety of any measure, by a careful regard to the 
 circumstances which relate to, and control it. Now it is 
 
 a rule in the State Prison, to put every convict, where he 
 4 
 
26 
 
 will be most useful, so far as it is consistent with the de¬ 
 sign of his confinement. The present nurse, and ‘two of 
 his predecessors, have been regular bred Physicians, and 
 others who have been in the place (when there have been 
 no Doctors in the prison) have been generally, men of 
 education. Surely so far from an impropriety, there is a 
 manifest propriety, in selecting such men for nurses.— 
 They are the best that can be obtained for the sick 
 convicts. Female nurses, and indeed any other compe¬ 
 tent and responsible persons, are out of the question. It 
 is acknowledged that the hospital is a station of responsi¬ 
 bility, and being a place of comparative ease and authori¬ 
 ty, it is a desirable birth, and this consideration operates 
 as a strong bond, for the good behaviour of the prisoner 
 who fills it. The result has proved it so ; thus far, the se¬ 
 veral Physicians, and some other well informed men, who 
 have acted as nurses, have never forfeited their station by 
 violating their duty. The Physician of the Massachusetts 
 State Prison, not being a member of the government, does 
 not feel strictly chargeable with the safe keeping of the hos¬ 
 pital, but is deeply sensible of the importance of his de¬ 
 partment, and endeavors to watch it with great care. The 
 law requires him to visit the prison but twice a week, but 
 he usually devotes an hour every morning to his duties, 
 personally examining the different wards, and likewise the 
 convicts, who report themselves to be sick, and it is very 
 rare that any one is admitted to the hospital, except by 
 the Physician himself. 
 
 The government of the prison not only keep -a watchful 
 eye over the hospital but the convicts themselves, also, 
 jealous of their privileges, are so quick to perceive, and 
 prompt to report the least partiality or impropriety, that 
 the few unfaithful nurses who have been displaced, have 
 been detected and reported by the prisoners. 
 
 The idea of a sinister, and prodigal use of medicines, is 
 sufficiently refuted, by a due consideration of the numer- 
 
27 
 
 ous eases, which necessarily require its use, and the strong 
 fact that the whole cost of it for the last year, is less 
 than $90. 
 
 Upon the whole, it appears that the hospital of the 
 prison, fulfils the intentions of the government, and is not 
 
 essentially abused. But improvement is the distinguish¬ 
 ing feature of the present day, and the Physician of the 
 Massachusetts State Prison loth to fall behind the spirit 
 of the age, in which he lives, would respectfully suggest 
 some improvements in his department. First, as a simple 
 guard, an officer might daily be stationed in the hospital, 
 or secondly, a medical student might be permitted to re¬ 
 side in the hospital, and have the charge of it, this secu¬ 
 rity would be worth a small compensation from the govern¬ 
 ment, and this compensation with the advantages of the 
 practice, might induce an indigent medical student to 
 accept the place, or thirdly, if the government should 
 think proper to establish a regular system of religious, 
 moral, and intellectual instruction, in that event a teacher 
 might reside in the hospital, and have the superintendency 
 of it. One of the wards might be appropriated for religious 
 meetings, and as a school-room.—The convicts recovering 
 from sickness, but not able to work, instead of lying idle, 
 might be assembled in the school-room, and carefully 
 watched and admonished. 
 
 These circumstances would prove favourable to religi¬ 
 ous and moral instruction, and instruction under such cir¬ 
 cumstances would not encroach upon labour. The third 
 proposition embraces all that is essential in the other 
 two, with additional advantages.—The superintendant 
 would retain a capable convict nurse in the hospital, 
 when his services would be required, and would take from 
 
 him that authority which is now dreaded. This plan 
 would most effectually destroy all hope of intrigue in the 
 
 hospital, and consequently cut off one great source of at¬ 
 tempts to get into it. It would combine humanity with 
 
28 
 
 security, providing every thing necessary for the disorders 
 of the sick convicts with a vigilant watch over them, to¬ 
 gether with such means of instruction and admonition 
 when they are recovering, as might send them back to 
 their labours, improved in moral as well as physical health. 
 
 Respectfully submitted by, 
 
 ABRAHAM R. THOMPSON, 
 
 .Physician of Massachusetts State Prison.