, R K F O R T OF THE OF THE STATE OF MICHIGAN. BY AUTHORITY, LANSING: W: S. GEORGE & CO., PRINTERS TO THE STATE 1871 . R E P O R T OF THE Will PINAL REFORMATORY, AMI CHARITABLE INSTITUTIONS OF THE STATE OF MICHIGAN. LANSING: 'V- s. GEORGE (t CO., PRINTERS TO THE STATE 1871. ) REPORT. To His Excellency Henky P. Baldwin, Governor of the State of Michigan : The undersigned, Commissioners appointed by your Excel- lency under joint resolutions of the Senate and House of Representatives, approved April 3d, A. D. 1869, to examine the discipline and general management of the penal, reforma- tory, and charitable institutions of the State, and report plans and recommendations for their improvement, beg leave to report : That soon after our appointment we entered upon the dis • charge of our duties, and from time to time, ever since, we have been engaged in the performance thereof. These duties have occupied a much larger share of our time than we antici- pated, and much more time than we have given to them could profitabfy have been bestowed. The field of inquiry marked out for us was a very broad one, requiring extended investigations both at home and abroad, a large intercourse with persons who have charge of or aie interested in institutions of a similar character, a very considerable reading, and full consideration. While we have a full consciousness that we have not accom- plished all that ought to have been accomplished, nor done what we have done as well as it ought to have been done, we have done the best that we could without giving to the subject much more time than it was possible for us to give, or than was expected of us by the Legislature or your Excellency. We have visited a large number of jails and alms-houses in our own State, including some in the older and richer counties 4 REPORT ON PENAL AND and some of the new and poorer ones, and have seen some of the best and some of the worst of both these classes of insti- tutions to be found within our limits. There may be some exceptionally good or exceptionally bad, that we have not seen, but we have seen enough to judge accurately of their general condition, their prevailing defects and merits, and the reforms which are needed. We have all visited the State Prison at Jackson, the lie form School at Lansing, and the House of Correction at Detroit, and most of us have visited these institutions several times. We have also visited the Asylum for the Insane at Kalamazoo, and the Institution for the Blind, and Deaf and Dumb, at Flint. We have also visited institutions in the States of Ohio, Illi- nois, Kew York, Massachusetts, and Rhode Island, although in some instances we have not all visited the same institutions We have taken especial pains to see and converse largely with men who have acquired experience, skill, and reputation in the management or supervision of like institutions in our own and other States, and also with eminent philanthropists who have made this whole subject of the prevention and treat- ment of crime, vagrancy, pauperism, insanity, and imbecility a profound study. We have also carefully read and considered a large number of reports, essays, and volumes bearing upon these subjects, many of which are of great and everywhere acknowledged merit. We have thus endeavored to lit ourselves for the performance of the duties imposed upon us by the Joint Resolution of the Legislature, or pointing out existing defects in our present in- stitutions, and recommending such improvements as we think should be made therein ; and making such further recommend- ations connected with this subject as to the Board may seem proper. CONDITION OF OUE COUNTY JAILS. Ours has been the experience of all who have undertaken to examine the actual condition of count} 7- jails, whether in this or in other States. Their condition is wretched beyond all power of description, and beyond all conception of those who have not had the experience of their own senses in the matter. There are, of course, marked differences in the condition of the jails ; some few, a very few , are subject only in a slight degree to the sanitary objections made, but we speak of their condition in general. Some of the worst jails are in the oldest and wealthiest counties. The defects in them are not owing so much to the manner in which they are kept, as to inherent defects in their con- struction, their dilapidated condition, and a fatal vice in the common-jail system. For the most part, our sheriff's are both humane and compe- tent men, and as a general rule the prisoners are well fed, and treated with a reasonable degree of personal kindness. FIRST — OF SANITARY DEFECTS. It is an acknowledged fact that light and fresh air in gener- ous measure are absolutely essential to a healthful condition of both mind and body. For the most part, our jails seem in- geniously constructed to exclude as much of these essential elements of health as is possible without destroying life. Nor is any proper provision made for cleanliness of person. Many prisoners come to the jails filthy in person and in clothing. They are thrust into long, narrow, dimly-liglited, badly-ventilated corridors, from which open the cells. There are no bathing requirements or facilities, and prisoners are not always required even to wash their hands and faces. This corridor is used as the sitting and eating room of all the pris- oners, clean and unclean, and is often also the privy and water- 6 REPORT ON PENAL AND closet of all; and if not, the privy is closely adjoining, and the corridor is filled with its fetid and sickening odor. The cells are very small, usually not exceeding in size four or five feet by eight, and seven feet in height ; without ventil- ating flues, and with absolutely no light or air except such as steals through the iron grates of the narrow doors opening into the corridors. No breath of pure, fresh air ever reaches the inmates. Yet in these cells, alive with vermin, poisoned with the stagnant, fetid air, the prisoners spend one half of their time ; and when too sick to creep out into the corridor, the whole of it. The jails are crowded to excess : Thus the Calhoun County jail, which was built to accommodate eight prisoners, some- times contain twenty inmates. Two, and sometimes three, are put into a single cell, and a corridor not large enough to ac- commodate half a dozen is the living and eating room of a score of prisoners. The heating arrangements are often most defective and insecure, and the corridors are little to be pre- ferred to the cells. As a rule, continued good health is impos- sible under such circumstances, and Mr. Bingham, the Agent of the State Prison, informs us that those convicts that come from a long confinement in our county jails usually come in a very bad sanitary condition, and actually recruit under the discipline of the State Prison. The larger proportion of the persons confined in our county jails are confined awaiting trial, and they are often detained month after month. They are not convicts, and the law pre- sumes them innocent. Experience shows that a portion of them are innocent of the crimes with which they are charged, while a much larger portion of them are never convicted. The power to arrest and detain persons charged with crimes is one essential to the public good, but it is one that is often abused by the malice of accusers and the reckless carelessness or corruption of officers ; and innocent persons are not un- frequently the victims. But we submit that whatever right the State may have to punish convicts by depriving them of REFORMATORY INSTITUTIONS. i stanlight and pure air, thus destroying health of body and mind by such incarceration, it has no right thus to treat per- sons who are simply accused of crime and are awaiting trial. They, at least, are entitled to such of the decencies and ordi- nary comforts of life as may be consistent with safe detention. SECOND — MORAL CONDITION. The moral condition of our jails is infinitely worse than their sanitary condition, and after a full examination and careful consideration, we have come to the clear and painful conviction, that they are' the very hot-beds and nurseries of vice and crime, and that the State is directly responsible for a large share of the crime which it seeks to punish. The general plan upon which jails are constructed is that of corridors, with cells opening therefrom. The prisoners are locked in their cells at night, but during the day they congre- gate in the corridors, without employment, and without over- sight or restriction as to intercourse. There is no separation of the convicts from persons merely accused of crime. Here, often, are gathered those old and hardened in villainy, lost to shame, proud and boastful of their crimes; those who have committed their first crime, under the influence of some strong temptation; those who have committed some venial offense while under the influence of intoxicating liquors or some sud- den passion ; mere children, new in the paths of vice ; those who are accused, but are entirely innocent of any crime ; and those who are arrested on civil process and are unable to find bail. If the wisdom of the State had been exercised to devise a school of crime, it would have been difficult to devise a more efficient one. Here are the competent teachers, the tractable pupils, the largest opportunities for instruction, with nothing- to distract attention from the lessons. Those merely accused, and those guilty of a first offense, however venial, are taught that the mere fact of an imprisonment has shut them out from all the avenues of respectable industry ; that there is no 8 REPORT OK PENAL AND hope in that direction ; that society has become their enemy; and that the only course open to them is to become the enemy of society. They are taught how to do this most effectually, and that the chance of detection and punishment decreases just as one becomes skillful in crime ; and all the arts, devices, and exploits of the experts are taught in detail to listening and wondering ears, who soon learn to admire the audacity and skill described, and to long to imitate and excel such dis- play of them. Gambling is a common amusement, and the tricks of pro- fessional gamblers are learned. The jails are often so arranged that the male prisoners can converse with female prisoners, and occasional access to the rooms of the latter has been obtained. The insecurity of the jail often tempts to efforts and con- spiracies to escape. As a rule, the prisoners have access to no books, no efforts of any kind are made for their intellectual or moral improvement, and no interest is shown in their welfare, unless occasionally some clergyman, like the Rev. Dr. Gillespie, of Ann Arbor, in the spirit of the Master, makes the jail and its inmates a part of his field of labor. Can it be wondered at that the universal experience is, that this treatment tends to make men criminals instead of reform- ing them? These evils are not peculiar to our own State. They exist elsewhere, and all who have turned their thought- ful attention to the subject, whether as practical men or phi- lanthropists, unite in the opinion that our present county -jail system is an unmitigated evil, and ought to be abated. The State has no right, under any pretext, to compel any portion of its citizens to such ruinous associations. If it does not reform its prisoners, it should not corrupt them, and then punish them for the very corruption it has wrought out. What reform should be made will be considered in another portion of this report. REFORMATOR Y INSTITUTIONS. OUR POOR-HOUSES. Like our jails, our poor-houses are in the main adminis- tered by kindly and humane men, and the manifold evils which exist spring rather from want of intelligent consideration, the want of proper supervision, and the inherent defects of the system under which these charities are administered, than from any want of humanity. The duty of every community to care for its own poor, worthy or unworthy, is clearly recognized in every Christian community, and at this day it needs no argument to make that duty plain. This duty should be performed so as to lessen, and as far as possible prevent pauperism and crime. It should be so performed as to do no moral or physical injury to those it attempts to relieve, but, on the contrary, to do them good. BUILDINGS. It is difficult to generalize upon the condition of the houses in which the poor are kept. Some buildings are good, and reasonably suitable for the purpose for which they are used. Others are most unsuitable in their construction, and others in a most dilapidated condition, needing thorough repair, or to be torn down. The general complaint of superintendents and keepers is, that the board of supervisors do not grant them sufficient means for putting or keeping them in a proper con- dition. VENTILATION AND CLEANLINESS. Most of our poor-houses are utterly deficient in any proper system of ventilation. The ventilation by windows and doors does very well for family households, but as applied to large, crowded rooms, as some rooms in a poor-house often are, and filled with such persons as occupy them, it is utterly defective. The atmosphere becomes laden with offensive odors, and the very walls become impregnated by them. Living in such o 10 REPORT ON PENAL AND rooms must inevitably be greatly prejudicial to health, and must send many inmates to the hospital. There is, too, for the most part, an utter want of bathing facilities and requirements. In some counties a washtub is furnished, and inmates are required to bathe the whole person weekly, but this is not generally the case. We found no bathing tubs, and no generous supply of water. When the character and number of inmates is considered, the importance of this subject is very great, and the neglect is a very culpable one, affecting health, decency, and morals. HOSPITALS AND MEDICAL ATTENDANCE. In very few of the poor-houses are there any suitable hospi- tal arrangements. Where there are rooms assigned for hospi- tals, they are for the most part unfit for such use, and are often crowded to excess. In some of them thus crowded we found the air exceedingly offensive, and the rooms made thereby utterly unfit for human habitation. The wonder was, not that the sick did not get well, but that the well who came in to them did not get sick. When the number of sick to be found in such institutions is considered, this want of hospital accommodations is a very pressing one. In this connection the want of proper medical attendance may be mentioned. This want, however, we infer from the salaries paid, for we had little opportunity to form an opinion. Thus the rich county of Washtenaw, with over one hundred inhabitants in the poor-house, and nineteen of them insane, pays forty-five dollars a year to a physician, who fur- nishes his own medicines. This is not, however, a fair illustra- tion, as many of the counties pay more liberally, with a smaller number of inmates. Jackson county pays one hundred dollars ; Calhoun eighty, and half the charge in surgical cases in addi- tion. But in few cases do the counties pay such a sum as would be a very meager compensation for a physician who can command a good practice, and no other ought to be emplo} r ed, whether reference be had to the demands of humanity or of a REFORMATORY INSTITUTIONS. 11 true economy. The classes of disease met within poor-houses require to he dealt with by men of skill and experience, and by such treatment the chances are greatly increased of an early convalescence, and the consequent relief of the county from further expense. Such men, too, can more readily detect the attempts at impo- sition by shamming sickness, — attempts not unfrequently made. We can hardly conceive it possible that poor-houses can be well served when such beggarly salaries are paid to physicians. CLASSIFICATION OF INMATES. The two great causes of pauperism, as of crime, are drunk- enness and licentiousness. Hence, in most poor-houses a large proportion of the inmates have been brought there by the drunkenness or lewdness of themselves or their parents, or those upon whom they are dependent. The immediate victims of these vices of both sexes, as found in poor-houses, are usually degraded, debased, and thoroughly corrupted both in mind and body, and utterly unfit for any association with the comparatively pure. Besides these, there are found others, who, from lives of criminal or vicious indulgences, are fit companions for the drunken and the lewd. While these classes in some instances constitute the major- ity of those found in our alms-houses, there are other and entirely different classes who are largely represented therein. There are those who, from old age, accident, disease, or in- firmity, and without fault of their own, are unable to support themselves, and are driven to the poor-house. There are weak- minded and imbecile persons, and idiots, and the incurable in- sane; some harmless and some not. Then, there are children, some young and helpless, and others of such an age that their characters are becoming rapidly formed, and who are receiving life-long impressions that must shape their whole being. 12 REPORT ON PENAL AND The mingling of all these classes together can only result in unmixed evil. The forced association of the good with the bad degrades and corrupts the former, without improving the latter. Most of our poor-houses are so constructed that no proper separation and classification of the inmates is possible. In some of the largest ones it could be done, and to some extent it is done, although very imperfectly. In the smaller ones the very paucity of numbers makes classification impracticable. The result is, that the unfortunate are forced to mingle with the vicious and degraded in the same rooms, and in all the daily employments and associations of life. Professional pros- titutes from the cities associate with the weak and innocent girl whom sickness has sent to this last refuge of poverty. Innocent children mingle with the corrupt and vile of both sexes, thus taking their first lessons in vice, receiving an edu- cation for a life of pauperism and crime. Thus in Wayne county, where we visited the poor-house, there w r ere over twenty children old enough to go to school, and who for four hours attended a very good school, but for the rest of the time mingled without restraint with the various inmates, many of whom were exceedingly vile in more senses than one. LABOR AND DISCIPLINE. We take it to be the settled conviction of all thought fu persons who have made the treatment of pauperism a study, that all inmates of poor-houses should be sternly required to work to the extent of their ability; and this is not merely with reference to the direct benefit which the public may derive from that labor, but with reference to the moral and physical welfare of the inmates themselves, to the general order and discipline of the institution, and also with reference to driving from it all who can work and will not. In general, the poor-honsc should be either a work-house or a hospital, or both in one, and all who are not fit subjects for the hospital should be required to work ; work regularly and REFORMATORY INSTITUTIONS. IS systematically, and this whether they can accomplish much or little. This, of course, does not apply to those who are too young or too old to work, and yet not sick. There is no such foe to order and morality as idleness, this prolific parent of all vice, and there is no duty upon the part of the public to sup- port any one in idleness who can work. There is also a well- recognized moral power in work, as an element both in the building up and the reformation of character, and discipline and order cannot well be enforced without it. From our examinations and inquiries we are satisfied that a great reformation, both in the matter of labor and discipline, is needed. To some extent, and in some poor-houses to a con- siderable extent, the inmates do work. The women who are able, work about house, help to take care of the sick and helpless, and sew for the establishment ; and able-bodied men work on the farm. But there are in most poor-houses a class of men, and in the aggregate a considerable number, who can- not work much on a farm, and yet who could "work very considerably at some kind of mechanical or other labor in shops, and especially is this the case in the winter season, when the numbers are the largest and there is little on the farm to be done, and when the order that comes from work is most essential. There is unquestionably a great practical and economical difficulty, under our present system, of introducing mechanical labor into our poor-houses. The number that can be thus employed in each poor-house is so limited, that it would not authorize the needful expense of tools, machinery, instructors and supervision. That the power of labor in the inmates of our poor-houses, whatever it is, should be utilized to the utmost that it can be consistently with their welfare, is required by every consideration of humanity, economy, good order and good morals. How the reform can be best intro- duced, we will hereafter consider. EDUCATION — MORAL AND INTELLECTUAL. The law wisely requires that the children in the poor-houses over five and under eighteen shall be educated, and where 14 REPORT ON PENAL AND there are ten or more, that a school shall be maintained in the building. There are very few counties in which there are ten children of the required age. In Wayne county we found a very good school, and in some others schools are maintained, but we were not fortunate enough to see them. Where schools are not thus maintained, the children in poor-houses generally reap but liftle benefit from the provisions of law. Some of them attend district schools; others are taught by some inmate, but usually without much system or success. In all cases the associations of the children at the poor-house are calculated to defeat the great end of education, — the develop- ment and elevation of the pupil. These children are the wards of the State, and the State has the deepest interest in raising them from the pauper class ; and it seems very clear to us, that some other provision should be made for them, and of that we shall also hereafter speak. No provision is made by law or by local authority for fur- nishing means of culture of any kind to any other class of paupers. There are no libraries, no schools, and no religious instruction for them. In some counties, benevolent and religious persons have occasionally held religious services, and have organized Sabbath schools ; but in general, the Sabbath is marked only by a change of clothing and cessation from such labor as is performed, save that of the household and the hospital. THE INSANE AND IDIOTIC. There is no chapter in the history of our charitable institu- tions so fraught with painful and revolting interest, as that which relates to the treatment of the insane and the idiotic in our poor-houses. For the most part they are made insane or idiotic without their own fault, but whether so or not, their utter helplessness excites our commiseration, and their want of reason and self-control excites our fears. More than all other classes, they require the tender guardianship of the State, for in no other way can they be properly cared for. The State has REFORMATORY INSTITUTIONS. 15 erected an Asylum for their custody and care at Kalamazoo, and has authorized the Superintendents of the Poor to send insane and idiotic paupers there or elsewhere, as shall best promote the interest of the county and conduce to the com- fort and recovery of such paupers. The Asylum has not sufficient capacity to receive and care for one-half of the insane of the State, and is full to overflowing, and within the last year more than one hundred applications have been made for admission from the different counties of the State, that were from necessity rejected. Then, some counties prefer to maintain their insane and idiotic poor at the poor-house, be- cause it is cheaper. The result is, there are probably in the aggregate more than two hundred insane and idiotic inmates in our poor-houses. A portion of these are entirely harmless, and mingle with, and are treated like other paupers, hut there is a large number who are not thus harmless. Their condition is for the most part deplorable, and in some instances horrible beyond description. We had read in romance and in history of such modes of treating the insane, but we did not dream that in- stances of it could be found in our State, and especially in some of our most wealthy counties. Thus, in Calhoun county, we found two insane women and one boy confined in low*, dimly- lighted, badly- ventilated cells, which, in winter, could not be properly w*armed. In one of them there w r as no furniture whatever, except a coarse board frame of an old settee without a bottom, and an old filthy, long cushion, used alternately as a seat and a bed. Its inmate, a woman, when we saw her, was crouched in one corner of this cage, wrapped in a filthy dress, and glared like a wild beast upon all who looked in upon her. Her cell was cleaned twfice a day, and yet she lived much of the time in her own filth. The other cases were not so bad as this, but they had some of its characteristics. We speak of this case the more freely because the keeper in charge of the poor-house seemed an intelligent, capable, humane man, REPORT OX PEXAL ANI) 16 and keenly felt the inhumanity of this treatment, but his duties in managing the farm and caring for the general welfare of the institution were very arduous, demanding his entire time and thought. He was entirely unacquainted with the man- agement of the insane, was supplied with insufficient assist- ance, and there were no other rooms in the buildings where these poor creatures could be kept. There is no room to doubt, that if these persons, and others similarly situated, were in an asylum for the insane, they could, by proper treatment, be taught the decencies of life, and that their condition would in every respect be greatly ameliorated. In Kent county, we found in the poor-house twenty insane persons and nine idiots, all in the most deplorable condition, and presenting a most revolting spectacle. In Allegan county, one poor insane woman was found in a condition where her suffering from cold must have been in- tense. In Oakland county, where the poor-house is a new, large, roomy buiding, there are good rooms for the insane, but un- fortunately there are no proper means of warming them. In Wayne and Washtenaw counties they have erected sepa- rate buildings for the insane. In this way, unquestionably, better and healthier rooms are secured to them ; but after a careful examination and consideration, we are clearly of the opinion that the attempt to treat the insane in county poor- houses is a sad, melancholy failure, and must continue to be so. The successful treatment of the insane, whether for mere custody or for cure, is a science by itself. To fit one for such treatment requires, in addition to a natural titness, careful medical and other instruction, much study, and large experience. These qualifications can only be secured by good salaries and the prospect of a permanent situation. That the ordi- REFORMATORY INSTITUTIONS. 17 nary keepers of poor-houses are utterly unlit for such a position will be readily admitted. The counties which have built or may build separate buildings for the insane cannot afford to, and certainly will not, employ competent men to take charge of them. The number of inmates is, and will be too small, and the expense too great to justify it. Beyond all question the two hundred and more insane paupers not now in the asylum for them can be treated much more advan- tageously and far more economically in one institution, and under one supervision, than they can possibly be treated in the several poor-houses, if they are properly treated. Wayne connty, the most populous one in the State, with a far greater number of insane paupers than any other, has tried the experiment of a separate building and supervision, under the most favorable circumstances, and it has proved a lamentable failure. The building, though costing about $21,000, is unfit for the purpose, as any building must measur- ably be, that any county in this State will undertake to build. There is a great want of separate rooms for the treatment of exceptional cases and of the sick. The cells designed for the refractory and violent are in the basement, without light or ventilation except through a grated opening in the doors, and are utterly without the means of being warmed. But the great failure thus far has been, and we think will be, the want of proper care and supervision. The first keeper appointed was utterly unfit for the place, and his treatment of some of the inmates was at times exceed- ingly brutal. The second retained his place but for a few weeks, being found incompetent for a proper discharge of his duties. And such must be the case with any that the counties will be likely to employ, or can employ, at the salaries which they will pay. Nor are the Superintendents of the Poor, as a rule, in our 18 REPORT ON PENAL AND opinion, the best men to select and employ such officers, or supervise such institutions. . OUR PAUPER SYSTEM EXPENSES. Our examination and inquiries have satisfied us that our pauper system, as it now exists and is administered, is a very expensive one, and we shall in another connection refer to this feature more fully. GENERAL REMARKS. We have thus pointed out in detail some of the defects of our poor-houses and their administration. We desire to say that w^e found many things to approve. The inmates were usually supplied with an abundance of suitable food, and were treated with personal kindness. The farms were usually in a good condition, and the pecu- niary affairs of the institutions are in general managed with a fair degree of prudence and economy. Indeed, some of the defects which we have referred to result from an unwise econ- omy, to call it by no harsher name. The Boards of Supervisors appoint the Superintendents, and fix the annual appropriations for the poor. Beyond this they have seemed to feel little responsibility. Their general object is to reduce the county expenses to the lowest possible point, and in doing this they often do a great wrong to these institu- tions, whose wants they have not sufficiently studied. The Superintendents are embarrassed by pinching appropria- tions, and cannot do what wisdom and humanity require to be done. Then, too, it is not easy to find a suitable person for keeper of the poor-house for the salary which is or can be paid. The position is at once a disagreeable, responsible, and difficult one. The keeper should understand farming well, and should be a good and upright man of business. He should also understand human nature in all its phases, and have the rare power of governing bad men and women, and mainly by moral force. He should be patient, kind, forbearing, sympa- REFORMATORY INSTITUTIONS. 19 thizing ; gentle with the weak, and stern with the obdurate- These qualities, absolutely essential to a complete administra- tion of our poor-house system, cannot, in general, be com- manded by our several counties. These difficulties, and the other defects which we have pointed out, and others which exist, seem to demand the careful consideration of the Legis- lature, and an earnest effort to find a remedy. STATE INSTITUTIONS. We have a more pleasant task in calling your attention to the penal and charitable institutions under the immediate control of the State. It has been our experience, as it has been that of our investigators, to find, as a general rule, that institutions of the kind named, not under some general cen- tral supervision, are subject to great neglects and abuses, and that mere local supervision is inefficient both to prevent and expose them. THE ASYLUMS. We have doubted, owing to the somewhat ambiguous terms of the Resolution under which we act, whether we were author- ized to visit the asylums of the State, but at the suggestion of your Excellency we have done so, and the result has been most gratifying to ourselves. They are both institutions that give great credit to the State, and, so far as we can judge, are in good hands, and are well managed and supervised. The Asylum for the Insane, at Kalamazoo, is full to overflow- ing, and the Principal has been under the painful necessity of rejecting a large number of applications for admission. These rejections have very naturally excited jealousy on the part of some, that there was favoritism exercised. After a careful inquiry as to both rejections and admissions, we are satisfied that the Principal has acted upon the right principle of discrimina- 20 REPORT OH" PEHAL AND tion, both as to the character of the patients and the localities from whence they have been received. He lias endeavored to give preference to those patients who have been most recently attacked, and those in whose cases there is the most hope of recovery ; and to fairly distribute the admissions through the State. That in some given cases he may have misjudged as to the merits of the different appli- cations, is not only possible, but it is almost inevitable. The true remedy is, to provide more extended accommodations. We are gratified to find in our visit to other States, that this, our oldest and only complete Asylum, has the reputation abroad of being one of the best institutions of the kind in the Union. The building for the Educational Institute of the Deaf and Dumb, at Flint, is not yet completed, but is fast approaching completion under the w 7 atchful supervision of Mr. James B. Walker, Building Commisssoner and Trustee. It will be a spacious, convenient, and elegant structure, — perhaps some- what too spacious and expensive for the present wants of the classes for whom it is designed. As we have already remarked, the Institution seems to be well managed and in good condition. THE STATE PRISON. We have examined with considerable care into the condition of the State Prison, at Jackson, its management, and its general workings ; and we find something to approve and something to criticise. There are some defects of location, construction, and con- dition, for which the present management are in no way respon- sible, yet the effects of which they very sensibly feel. The prison is located upon a low, w 7 et, uninviting spot, with no agreeable surroundings, and the construction is in many respects exceedingly defective. There is no chapel, and no place where any large body of the prisoners can be gathered together for any purpose, except in the low, dingy dining- REFORMATORY INSTITUTIONS. 21 room. There is no school-room, no bathing facilities; the hospital accommodations are insufficient, and the cells very poorly ventilated. The yard walls are low, and in many places seem almost ready to tumble down, and are exceedingly insecure. This insecurity presents one of the most serious obstacles to good discipline that exists. It is a constant temptation to efforts and conspiracies to escape ; and the hope of escape tends strongly to unsettle the minds of the convicts, make them unwilling to work, indifferent to good conduct, insubordinate, and fortifies them against reformatory influences. The first deep impression that should be made upon the mind of the convict is, that he cannot escape ; that the law is too strong for him, and that efforts in that direction are unavailing. Then, and only then, will he settle down to a sense of his true condition. But, besides these defects in location and construction, there are other defects in the condition of grounds and building for which the management is responsible. As compared with some prisons which we have visited elsewhere, there is a great want of order, neatness, and taste in the prison yard and its surroundings, — a careless, shabby look, almost indescribable without going into great detail, and yet which is felt by all those who have a higher ideal before them of what such grounds should be. Some of the wooden buildings within the enclosure are in a dilapidated, ruinous condition, and should either be torn down or repaired. These will be considered small matters by many, but they aid very greatly in giving character to the institution, and they affect the credit of the State. One very great improvement has been made since our first visit. A building has been erected for the insane convicts, with large, airy cells, and with an abundance of light and air. The improvement in the condition of these men is very mani- fest. Heretofore it has been deplorable. Still the fact exists, 22 EEPORT ON PENAL AND that they are under the care of men who have no experience or skill in administering to the mind diseased ; and is it not a serious question whether — when the insanity of the convict is clear — he should not be treated like other insane persons ? He is no longer a fit subject either for punishment or reform, but for cure or skilled custody. So far as we can judge, the business interests of the prison are managed with fidelity and skill by the present Agent, and it is more than paying expenses. This is a very gratifying result, and creditable to that officer ; still, the prison was not established to make money, and whether it does so or not is a question entirely subordinate to the question whether it is so administered as to accomplish all the good to society for which it was designed, and which it is capable of accomplishing. Whether the discipline of the prison is what it should be, and whether the convicts are treated as they ought to be, so as best to accomplish that good, are questions upon which differ- ent persons will materially differ in ©pinion, and this difference will depend mainly upon the different theories entertained as to the object and purpose of the punishment of convicts, and the end sought thereby. All will agree that an incidental pur- pose of punishment is its deterring influences in preventing others from committing similar crimes, and that an incidental purpose of imprisonment is for the time being to secure society from the further crimes of the convict himself, by making it impossible for him to commit them ; but these are not the leading or principal purposes. One theory, and until recently the common one, is that the leading object of the imprisonment of convicts is to punish them for crimes committed, by depriving them of all the ordinary enjoyments of life not essential to its continued and healthful existence, and by close imprisonment and compul- sory labors for a given time, or for life. In other words, they are to be treated as so many human machines submitted to the custody of the law, to be worked in prison for a given time, REFORMATORY INSTITUTIONS*. 23 or for life, and to be kept in good working order, so as to accomplish the greatest amount of labor possible. This theory requires that the convicts be well fed, not over-worked or cruelly treated, and that they be subjected to a rigid discipline, so that order be maintained and the work be done ; but it entirely loses sight of the welfare of the convict and the security of society when he shall be discharged from custody, if discharged at all, and the practical working of this theory has demonstrated that convicts are made worse, and not better, by its adoption, — that as a rule they are greater criminals after imprisonment than before, and that society has much more to fear from them than ever. Another theory is, that the State occupies towards criminals somewhat the relation of a parent to a sinning child, — that while he is to be punished, punishment is not an end but a means, and that the leading object of punishment is to reform the criminal and restore him to society as a safe and useful member thereof ; and that the mode of punishment, discipline, and treatment must have primal reference to this great end. Of course there lies at the foundation of this theory a firm faith in the possibility of this reformation of criminals, and without this faith it cannot exist. The advocates of this theory are rapidly increasing, both among practical men, familiar with prison management, and intelligent, thoughtful, Christian phi- lanthropists ; and they claim that the experiments of the last half century in Norfolk Island, in France, Germany, Ireland* and in this country, have proved that, by a proper course of reformatory treatment, a very large percentage of convicts may be reformed and made safe and useful members of society. We shall hereafter discuss more fully this reformatory system, and we merely remark here that it involves the use of indus- trial, educational, moral and religious agencies, and an earnest attempt to fit convicts to become good citizens, and to procure employment for them on their discharge; that it does not involve a lax discipline, but, on the contrary, it demands a 24 KEPOET ON PENAL AND discipline, kindly yet firm, and, if necessary, inexorable. It, however, encourages hope, rewards good conduct, and seeks to arouse the energies of the convict for his own reformation. Such a theory has only been, and can only be, successful in practice, when administered by capable men and women, whose hearts are in the work, and who have an abiding faith in the possibility of reforming a large proportion of the persons placed under their charge. If judged by the theory first above mentioned, as to the leading object of imprisonment, we think our State Prison is reasonably well managed. Discipline and order among the convicts are well maintained, and they are, as a rule, well fed and not overworked, or cruelly treated ; but we have reason to fear that there are exceptions to this general rule. Judged by the other theory given, we think the manage- ment of the prison comes far short of the reformatory system inculcated in theory, and as exemplified in practice, and we think a change could very advantageously be made in this direction. Something has already been done. Valuable addi- tions to the library have been made, and prisoners are encour- aged to read. The chaplain seeks to win their confidence, makes himself their friend, and leads their thoughts to higher and more sacred things. The want of a chapel and a school- room is sadly felt, and the contract system interferes somewhat with that entire control of the prisoners by the Agent which is desirable. The commutation system is a move in the right direction, and works w r ell ; and the Agent has recommended a most desirable provision, by which good conduct shall be rewarded, by permitting the family of the convict to share his earnings. But under the system established at Jackson, con- victs are not made to feel that their punishment is reformatory in its character, and that it is expected of them that they are to grow better under it, and that a deep interest is felt by society in that result, and that every effort at reform will meet with warm-hearted sympathy. There is no immediate motive before them for especial good conduct. It brings no immuni- REFORMATORY INSTITUTIONS. 25 ties, no privileges, no distinction. In long terms, the hope of abbreviating the time of detention is too weak to operate with much power. There is no attempt at classification on the basis of character or meritorious conduct. Their very dress, the detested prison stripe, is at ouce a badge and an instrument of degradation, when the great effort should be to arouse self- respect, and stimulate to self-amendment and elevation. Without discussing the question whether flogging should ever be resorted to, we think it is administered here quite too frequently, and on occasions when it should not be. It was administered twenty-nine times during the last year, and i3 resorted to occasionally, simply to compel a confession, and sometimes even to compel the confession of the motive of an act. Thus, when some prisoners escaped, it was ascertained that one who had not escaped had made and hung some iron balls like slung shot, which were used by the escaping prison- ers. The convict admitted the making of the balls, but claimed that he made them to use about a machine where he was at work. He was whipped to compel a confession that he had made them for the use of the escaping prisoners, and was whipped until he did confess, and then the whipping was sus- pended. He was not whipped for the act , but to wring from him, by the torture of the lash, a confession of the motive of the act. So, a convict, in attempting to escape, dropped a knife, which he had made from an old file. He was asked for what he made the knife. He gave a false reason, and was whipped until he confessed that he made it to use in his contemplated escape. He was not whipped for the attempted escape, or for making the knife, but to compel a confession, and the whipping was continued until he did confess. This torture, to compel a con- fession, belongs to the Inquisition and to past ages. It as often compels the victim to utter a falsehood to end the tor- ture, as to reveal the truth, and has about it no commendatory features. 4 26 REPORT ON PENAL AND The general concurrence of those who have considered the subject seems to be, that flogging tends to degrade the victim, and brutalize* both those who inflict and those who witness it; and if resorted to at all, it should only be in extreme cases. From the very nature of the mode of punishment, it is very apt to be inflicted in the heat of passion rather than with judicial calmness. We have thus felt it our duty, under the requirement of the Resolution, — to make “fuT minutes of all the defects” which we discover, — to point out what we consider the defects in the management of our State Prison. As we have already said, in many respects we find that management worthy of praise, and we entertain no doubt that the future will see marked improvements in other respects. The salary paid to the Agent is utterly inadequate for the duties imposed upon him, and which he does perform. We think both the mode of his appointment and his term of office open to great objections. But these subjects we shall hereafter consider. REFORM SCHOOL. There is no class of institutions in which we have become more profoundly interested than in those established for the reform of juvenile offenders. We have examined several of them with care, and inquired into their workings, and through reports and printed volumes have endeavored to inform our- selves thoroughly as to others, — their history, their workings, and their stccess. Whatever doubts there may be as to the possibility of reforming adult persons convicted to crime, there are none whatever as to the possibility of reforming a large proportion of juvenile offenders. This has been fully proved, both in this country and in Europe, and that such in- stitutions are to be considered among the most efficient means for the prevention of both crime and pauperism, cannot be doubted. The class of children committed to them have, for the most part, come from the class of vagrants, and therefore i REFORMATORY INSTITUTIONS. 27 the most unlikely subjects of reform, yet the statistics show that from fifty to seventy per cent of all the discharged inmates live decent and reputable lives, while many of them have become men of marked respectability and worth in their localities. These institutions have been in the main conducted with especial reference to the reformation of their inmates by the power of religious principle, by the kindly discipline of the school, the work-shop, the farm, and the family; and just in proportion as they have assumed a penitentiary character, they have failed. The success of all reformatory institutions must depend very much upon the personal character and efforts of those who are at the head. No mere routine, no system merely mechanical, has ever given or can give success. They must be pervaded by the true spirit of Christian reform, and this must be caught from and infused by the Principal, or by those in charge; otherwise the success must be very imperfect. While we cannot claim for our Reform School that it is a model institution, yet we have been in most respects favorably impressed with its management. The Principal seems deeply imbued with the true Christian spirit of benevolence, and clearly comprehends the idea that the institution is intended to be reformatory in its character rather than punitive, — that it is a school and not a prison, and is making earnest, and to a very considerable extent successful, efforts to impress this character upon the Reform School. A large experience, and a careful study of the spirit and the method of some of the best institutions of the kind, will no doubt enable him to improve the management of this. As compared with some institutions which we have visited, it seems to us that it could be improved, among other things, in the general aspect of the grounds, both inside and outside of the inclosed yard, so that order, neatness, and taste should be a more marked characteristic thereof; by the better classifi- cation of its inmates with reference to character and conduct; 28 REPORT ON PEKAL AND by a more perfect system of grading and marking, so that good conduct should more certainly and obviously insure its rewards, and bad conduct its penalties, and by a more special and earnest effort to prepare its inmates for a speedy discharge from the school, the finding of a proper place for them in private families, and the careful looking after them when thus discharged. The Rev. Dr. Pierce, now and for some years Chaplain of the New York House of Refuge, and previously the Principal of the Reform School for Girls, at Lancaster, Massachusetts, says in his “Half a Century with Juvenile Delinquents,” “all institutional life is unnatural, and no child should be confined in any one, however improving, longer than is indispensable to prepare it for the natural home in a family, where it must certainly and ultimately live. We should never weary of the experiment of placing the child in a home. If it fails in one, it may find a congenial atmosphere in another.” There is no better authority on this subject, and his opinion is, we think, in accord with that of most others who have given much thought to the subject. The child should not be kept so long that this institutional life, in the midst of congregated boyhood, becomes either habitual or attractive, and so that a life of toil in a quiet country family seems dull and monoto- nous ; and yet they need to be kept long enough to break up the vagrant, roaming habits which have been formed, and until they have been trained to regular industry, so that it has become a habit, and until they have received a rudimental education and have developed a good moral purpose. As soon as this is done, they may and should be returned to their friends, or intrusted to families of farmers or mechanics care- fully selected, still subject to the kindly supervision and watchful care of the institution, or absolutely discharged. The time required for this preparation will, of course, vary with the character and age of the child, the wisdom of the treat- ment, and with the other circumstances of the case. The judg- REFORMATORY INSTITUTIONS. 29 ment of the Principal and of the Supervising Board must, of course, be entitled to great, if not decisive weight, in deter- mining when the inmate is fitted to leave. It must, however be borne in mind that the Principal would naturally feel a reluctance to part with an inmate whose conduct was good, who was in every way improving, and who had become an example to others, and had acquired skill in labor. There are two distinct classes of Reformatory Institutions for Juveniles, viz: those conducted upon the congregated sys tern, and those conducted on what is called the family system. In those conducted upon the congregated system, the inmates are gathered in one large building, and to a greater or less extent mingle freely with each other in the play-ground, the dining-hall, the school-room, and the work-shop, subject, how- ever, to classification, oversight, and various regulations. In some they have separate dormitories, and in some they sleep in large rooms which are subjected to careful supervision. There is usually a strong wall or high fence around the yard where the inmates are permitted to be, to prevent escape. Under the family system, there are no high enclosures, and the obstacles to escape are moral rather than physical. The inmates are placed in separate houses scattered about the grounds, each house containing from thirty to fifty inmates. In the Industrial School for Girls at Lancaster, Mass., which may be termed a model school of this class, there are five sep- arate buildings for scholars, with accommodations for thirty in each building, and in each is a matron, a teacher, and a housekeeper. Each house has its separate school-room, and each household is a distinct family by itself, holding very little intercourse with the others. They only meet together in the chapel for worship, singing, etc. The theory is, that as far as possible the family life should be preserved, and that each inmate should be brought into intimate and kindly relations with the matron and the teacher, who are supposed to be fitted kindly and wisely to. guide, con- 30 REPORT ON PENAL AND trol, and educate the objects of their charge, and develop their higher natures. In boys’ schools they usually have a man and his wife at the head of each family. In some schools on the family system, the inmates of all the houses attend the same school, and eat at the same table. Some of the most successful reformatory institutions of Europe, both for boys and for girls, are upon this plan, as are quite a number in this country. Of this class are the Reform Schools of New Jersey, Ohio, Indiana, Wisconsin, and of Chicago ; while a majority of all are upon the congregational system, including the largest, and in many respects the best and most successful of all, the New York House of Refuge, we think it too early yet to determine which of the two sys- tems is entitled to a decided preference, if either. One prac- tical difficulty in the family system in this country is the securing of a sufficient number of proper persons to put at the head of each household. The number of persons fitted for the position is very small, and that number cannot be obtained at the prices which are or will be paid, especially as a Principal to preside over the institution, as a whole, would still be required, of the same eminent capacity as in a congregated one. In Europe the same difficulties do not exist as to obtaining a proper “house-mother,” “house-fathers,” “ elder brothers,” etc., for the several houses. Persons are trained for this pur- pose as for a Christian duty. Their places are comparatively permanent, and the success of these schools is largely depend- ent on these facts. The “Reform School for Boys,” at Westborough, Mass., is upon a mixed system, having a large central building upon the congregated plan, and several houses, accommodating thirty each, under the care of a man and his wife. Rev. Mr Wines, the Secretary of the Prison Association of New York, thus describes and speaks of the workings of this system : “ All the boys committed to the Institution are first placed in the congregated department, from which, as a reward of REFORMATORY INSTITUTIONS. 31 merit, they are promoted to one of the families when vacancies occur in these by the discharge of their inmates. The mem- bers of a family hold their positions subject to a forfeiture by misconduct, in consequence of which, and as a punishment therefor, they are sent back to the congregated department. This arrangement is found in practice to operate as a power- ful stimulus to good conduct; first, as a means of purchasing a place in the family, where greater freedom and increased privileges are enjoyed, and no less, secondly, as a means of re- taining it.” The judgment of the trustees on this point is thus expressed in their report: “ We think the two systems, the congregate and the family combined, are better than either separate.” And it must be admitted that there are adyantages lying on the surface, and obvious at a glance, in this combination. Our own school has already one house outside of the high enclosure intended for safe custody, and we believe that it is proposed to erect another, and gradually, if they operate well, to work into the mixed system. Our own judgment favors this plan. We may safely pronounce our Reform School thus far, a success. While it has not accomplished all the good that the most sanguine anticipated, nor all that it can do, it has been, and is doing, a good work in rescuing from a life of vagrancy and crime a very large number of its inmates ; and under the improved management that will come from a larger experience and a more profound study, we may confidently anticipate a greatly increased usefulness. DETROIT HOUSE OF CORRECTION. This institution has been in operation but a few years, but it has already acquired a wide-spread and almost a national reputation for remarkable success in several particulars. 1st. For its pecuniary success. 2d. For its success in maintaining a high standard of discipline, without the use of the lash or similar modes of punishment. 32 REPORT ON PENAL AND 3d. For its success as an educational and reformatory insti- tution. This fact has led us to examine carefully into its manage- ment and general workings. It was peculiarly fortunate in obtaining for its Superintend- ent one who had been educated for such work, and who expected to make the management of prisoners a lifelong busi- ness. He was not appointed as a reward for political services, or with any reference to his political opinions, but he was sought out in anather State, and selected and employed as sensible business men would select and employ an agent for a responsible position, with sole reference to his peculiar fitness for the position ; and a salary has been paid sufficient to obtain and retain his services. The result is, that with prisoners whose confinement averages but about one hundred days, during the eight years of its existence the earnings of the House of Correction, over expenses and deficits, have been sixty-nine thousand eight hundred and thirty-seven dollars and eighty-three cents. Its deficits were all within the first two years, so that in the last six years its surplus has been eighty-one thousand three hundred and seventeen dollars and ninety-seven cents, or an average of thirteen thousand five hundred and fifty-three dollars per annum. We find that there is no practical difficulty in maintaining discipline without the lash or similar punishments. A spirit of order and obedience to the established rules gen- erally pervades the institution, and flagrant disobedience is very rare. But we have been especially interested in the reformatory efforts here put forth, and their results. We think the efforts may be thus classified: 1st, Sanitary ; 2d, Educational ; 3d, Moral and Religious. 1st. Of the Sanitary. Good ventilation is secured, and clean- REFORMATORY INSTITUTIONS. 33 liness is everywhere enforced, both of the cells and rooms and of the person. There are ample opportunities for bathing the whole person, and it is required as often as once a week, and sometimes oftener. The result is that the health of the prisoners is remarkably good. Dr. Brown, in his report for the year 1869, says it has been “ one of uninterrupted good health,” and adds that they are indebted for this “ to the perfect ventilation of all the wards, the system of cleanliness enforced in every department, the frequent bathing of inmates, and the sound and wholesome provision furnished.” During the past hot summer the same general health has prevailed. This cleanliness and good health is a good foundation for other reformatory effort. 2d. Educational. The school is a very marked feature in the House of Correction, and its success in arousing the inmates to aspire to a higher ideal of life than they have before cherished, and to an earnest effort to cultivate their faculties, is very marked. It must be borne in mind that, as in most prisons for adults, the majority of the prisoners are under thirty years of age, and nearly half of them are under twenty- five. The school is held two evenings in the week in the chapel, which is so arranged that both men and women may be pres- ent without seeing each other. It is under the charge of an accomplished teacher, Mr. Tarbell, of the Bishop Union School, assisted by the chaplain, wiiile Miss Hall, also a most capable teacher, has special charge of the women’s school. Mr. Tarbell says: “The change in the appearance of the prisoners is very manifest.” “ Those who arc doing the best are the young men from twenty-five to thirty years of age.” In addition to the ordinary course of teaching in classes, Mr. Tarbell gives them a short lecture upon some interesting topic connected with their education. In addition to this 34 REPORT OK PEKAL AND school, every Saturday afternoon during the winter season the prisoners are collected in the chapel to listen to a short lec- ture upon some interesting subject. These courses of lectures have been really very valuable, and have deeply interested the prisoners. They have access also to a very good library, and books therefrom are distributed to them by the chaplain. 3d. Moral and Religious Efforts. All experience in attempts to reform prisoners has shown the importance of moral and religious forces as elements in any true reform. Such forces seem to have become especially potent here. The prisoners are made to feel that the chaplain is their sympathizing friend. He treats them not as a class by themselves, of criminals, but as men and Avomen needing sympathy and help — needing the strength and consolation which come from penitence and from faith in a redeeming Saviour. They are earnestly taught that they not only may , but that they ought to become true Christians, and respectable members of society. Profound religious impressions seem to have been made that are bring- ing forth their legitimate fruit in this life. Besides these special efforts, care is taken to make the pris- oners feel that the very purpose of the punishment to which they are subjected is correctional and curative, not merely punitive, and that the officers in charge, as well as society in general, are really seeking the good of the imprisoned, and that in this, their own help and co-operation arc sought and are needed. After careful inquiry we are satisfied that the result of these reformatory efforts is hopeful and cheering. Those results cannot be reduced to figures, or in any way very accur- ately measured, but that many men and women have been truly reformed, there seems to be no doubt. What has been accomplished is sufficient to stimulate to greater efforts in the same direction. Amongst other things desirable to complete a system of reformatory measures are, first, facilities for testing the char- REFORMATORY IKSTITUTIO N S. 35 acters of those hopefully reformed before their absolute dis- charge, and, secondly , an efficient agency to procure, as far as possible, home employment upon discharge. Experience here, as elsewhere, has clearly shown that pris- oners confined for short terms are not within the reach of educational or reformatory infiuenees, and that they are dis- charged without improvement, and to a great exent to go through again the same routine of drunkenness, disorder, profligacy, crime, arrest, conviction, and imprisonment. It may be asked, what good purpose is served by such a system ? The House of Shelter for Women, under the care of Mrs. Wiggins, as matron, and Miss Hall, as teacher, seems to be arranged very judiciously, and gives promise of great good in its efforts to restore sinning women to usefulness. The value of such a refuge to the weak and erring cannot well be estimated. RECOMMENDATIONS. Having thus referred to existing systems and institutions, their merits and their defects, we now proceed, in the further discharge of our duties, to make such suggestions and recom- mendations for their improvement as seem to us advisable. In some respects no State is better situated than our own for making improvements, especially in the important matters of dealing with pauperism and crime. Except in tw r o or three counties the investments for poor- house buildings are very small, and the farms occupied by them are worth much more than they cost. We have but one State Prison, and that is in a condition so that it will require early and extensive repairs and improvements. We can, without serious loss in any quarter, adopt such sys- tems of caring for the poor, and of conducting prisons, as the experience of other States and countries may suggest, and the Legislature in its wisdom may deem the best, and such as are 36 REPORT OK PEKAL AKD most in accordance with the spirit of the age and the true principles of Christian philanthropy. COUNTY JAILS. Any effective reform of our prison institutions must involve a radical change in the existing county jail system. An evil to be remedied, as pointed out in a previous part of this report, is the want of means to separate prisoners awaiting trial, and persons detained as witnesses, from those convicted and under- going the sentence of the law. Mainly on this account, to be accused of crime and confined in jail awaiting the issue, hardly ever fails to attach a social stigma to the individual, which even an honorable acquittal does not entirely remove. He is liable as long as the memory remains, to be twitted as a “jail bird.” The demoralizing influence of this liability is only to be fathomed by the degree of sensitiveness of the individual char- acter. Some will feel its injustice more than others, but all are hurt by it. The remedy must come from the drawing of a line of demarkation between the accused and convicted, as well defined in their practical t reament, as the law recognizes in its theory, — presumptive innocence until guilt be proven. To accomplish this, it seems to us indispensable that Houses of Detention should be established for safe custody of the accused, avoiding entirely the use of the term “ jail,” in this connection. The Executive Committee of the Prison Association of ISew York, in their annual report for 1869, introduce the sub- ject of the county jails of that State, in the following language : “A popular preacher in Brooklyn said recently, in a sermon, 4 Look at our jails ! They are a disgrace to civilization. Some are fit to put wild beasts in, but most of them are not.’ The rhetoric is strong here, but there is a terrible basis of truth underlying it. There may be half a dozen of the sixty- eight jails in the State (though we could scarcely name as REFORMATORY INSTITUTIONS. 37 many) properly constructed to meet the exigencies of the existing system ; but in general they are as faulty in construc- tion and arrangement as they well can he, — dark, damp, cramped, ill-ventilated, and gloomy in the extreme/’ This description might also have been written for the jails in Michigan. It is impossible to believe that the advancing civil- ization of the age, and the knowledge to be derived from the attraction of public attention at this time to the general sub- ject of prison management, will permit this condition to be permanent. Mistaken and ill-judged economy no doubt con- tributes largely to produce the miserable state of so many of our jails, and the question of cost will be one of the obstacles to reform. Assuming, however, that public sentiment, once awakened, will insist upon improvement, the necessity for rebuilding or remodeling a great majority of the county jails becomes at once apparent. Should this course be taken, we see no reason why much additional cost need be involved in remodeling the system as well as the buildmgs ; and in all other respects, it would prove a most favorable time for instituting measures for moral reform. Regarding our county jails, under the present mode, as hot- beds for the propagation of crime and criminals, we hold the best good of society, nay, that its very safety demands the change which w r e suggest. Our view T s upon this subject are so well expressed by the Prison Association of ISTew' York, that we again quote from their twenty-fifth annual report : “ County jails should be made simply houses of detention. Their punitive character should be abrogated, and a class of prisons, occupying a middle ground between the State Prison and the common jail, established for the treatment of persons convicted of minor offenses. Detention for trial, and punish- ment on conviction, are essentially different processes, and ‘the fitness of things’ requires in each a special method in har- mony with its nature, and adapted to the end in view. There 38 REPORT OX PEXAL AXD is between the convicted and the accused the vast difference which separates judicial certainty from simple suspicion. Hence, the association of these two classes in prison is not only an impropriety and a wrong, but a procedure contrary to morals, to justice, to the public security, to humanity, which no Christian nation should permit, and which the criminal law ought, at whatever cost, to prohibit. * * * * Sepa- rate imprisonment should be enforced in all common jails. If association is the seminal evil of our jail system, the remedy must be in individual imprisonment. The Prison Association held this view from the start, and has maintained it through- out. The reason on which, this view rests is not far to seek. Persons under the arrest of justice, charged with different offenses, almost always differ also in age, character, and moral condition. Suppose ten, twenty, fifty such confined in the same prison ; some of them will be wholly innocent, others guilty of some slight misdemeanor, and others, still, utterly blasted and gangrened by a long course of crime. Is it not a supreme injustice to compel a contact of the former with the latter, — to force upon the upright man, unjustly prosecuted, the contiguity, morally and physically corrupting, of those gross and foul natures who are awaiting their legitimate punishment ? ” A State that incarcerates one of her citizens for any cause, Is bound, by every principle of rectitude, to use all possible precautions against his being restored to society a worse man than when he was arrested. To secure this, the Houses of Detention must be well constructed and well governed, and .should have provision for regular employment and instruction. In this connection, we quote from the report of a commit- tee on prison architecture, to the Legislature of the State of New York: “With the sole exception of the deprivation of liberty, nothing in these places of detention ought to take on the afflictive austerity of the prison. No doubt every citizen* REFORMATORY INSTITUTIONS. 39 when the public weal requires it, is bound to pay the painful tribute of a forced detention, till his innocence is established ; but justice demands a detention which separates him from all impure contact. To meet this demand requires that we advance one step further ; that is, that we keep the accused from one another by means of cellular separation, the only proper and rational mode of detention for this class of pris- oners. To refuse to the accused such a shield against con- tamination is at once a denial of the right and an abuse of power. It is to impose on him a punishment which may have the gravest consequences, both for himself and society, and which, therefore, no plea can either justify or excuse.” These Houses of Detention should be subject to supervisory inspection from the Central Board, should one be established, as hereinafter suggested. INTERMEDIATE PRISONS. The adoption of our recommendation in regard to county jails being used only as houses of detention, would involve the necessity of providing some other means of custody for the class of prisoners sentenced to confinement in the common jails under the present system. To send them to the State Prison is not to be thought of, for reasons so obvious as not to need enumeration. How, then, are they to be held, and how treated ? We answer, by the institution of a class of inter- mediate, District Prisons, of which the Detroit House of Correction, already spoken of, may be taken as a type, to occupy a middle place between the House of Detention and the State Prison proper. These District Prisons might be located at convenient points in the State, and we consider should be under State control. They should be reformatory in character in the most practical sense. All persons convicted of minor offenses should be sent to them and put to work. Among the advantages of such prisons may be suggested : the opportunity their management should afford for classifying the prisoners ; that industrial labor might be fully organized in them, and 40 REPORT ON PENAL AND the cost of crime be diminished by the income derived from such labor; not one of which advantages can be derived under the county jail system, to say nothing of the importance of getting rid of the demoralizing contamination which the latter system entails. Besides these improvements separate departments for impris- onment of the young might fitly form a feature in the system, and the State Prison might properly be relieved by the con- finement in these institutions of convicts now sent there on short sentences. REFORM. An adequate and satisfactory system of prison discipline has been defined to include the reformation of the criminal, the punishment of crime, and the protection of society. H aving already seen the extent to which the system of jurisprudence established by society is responsible for the propagation of crime, we may well question the right of society very rigidly to visit punishment upon the individual for the offense it has been a main instrument in creating, or at least in causing him to commit. Neither ought we to overlook, in this connection, the well established fact of hereditary inheritance of a ten- dency to vicious habits, leading eventually to criminal acts, which partakes of the nature of a disease, that deprives the possessor of full control of his moral faculties, if it do not even divest him of consciousness of their existence, and which certainly blunts his perceptions of the difference between right and wrong, Then, when considering the protection of society as involved in this definition of prison discipline, it needs no argument to demonstrate that there is no method by which society can do so much to protect itself, as through the reformation, if practicable, of the criminal. Hence the propo- sition for reformation might not improperly be regarded as embracing the whole. Researches into criminal statistics reveal the fact that in the State Prisons of the United States the proportion of minors REFORMATORY INSTITUTIONS. 41 incarcerated, taking the average in them all, is over twenty per cent ; that in one it rises to nearly fifty per cent ; and that in several others it exeeeds one-fourth of the whole number; that the tendency in every department of vice and crime seems to be of late years youthward ; that thieves, pick- pockets, burglars, and indeed every class of criminals, average many years younger now than they did a quarter of a century ago ; and that the same is true of drunkards. Such being the testimony of the Executive Committee of the Prison Association of New York, can an organized and well devised attempt at reformatory discipline, such as our present system does not afford, begin too soon ? Although laboring under the difficulty of having to deal in the main with very short sentenced conviets, the Detroit House of Correction presents, in its management and influ- ence, the best example of a reformatory, or intermediate prison, with which we are acquainted in this country. Its accom- plished superintendent, Z. R. Brockway, Esq., in an able paper contributed to the twenty-fourth annual report of the Prison Association of New York, says: “The design of these insti- tutions is two-fold, viz: preventive and reformatory, — to restrain and prevent the manifestation of the vicious inclin- ations of the class described, and to improve the character of the individuals who commit offenses and are imprisoned there- for. The true interests of society are best promoted by those measures that prevent the perpetration of offenses and the growth of bad character in its members; for every infraction of law not only mars the character of the offender, and brings into activity a bad element, but is a shock to the fabric of society, weakening the whole structure in proportion to the trivial or heinous character of the offense. The Christian institutions, benevolent and charitable societies, and educa- tional establishments, are all, in the nature of their organiza- tion, admirably adapted to this work ; but as their influence does not perfectly accomplish this end, some other provision 0 KEPOItT ON PENAL AND 42 is necessary for the treatment of those who bn ak through these restraints, and actually enter upon a vicious course, lead- ing, as vicious practices always do, towards the commission of the higher crimes. * * * * The reformatory designs of these establishments must not and need not be lost sight of in our zeal for their preventive influence, for the highest' wel- fare of the inmates is perfectly consonant with the bestw'elfare of society at large. I do not hesitate to say, that in the reforma- tion of prisoners, and in wise efforts to that end, will be found a key to the true prison system, and the soundest criminal code. * * * * * * “ The design of these municipal or intermediate establish- ments, then, may be stated to be the treatment of persons who commit offenses against society, known as misdemeanors, with the view to exert a preventive and reformatory power, the preventive force beiug most surely had, and in largest meas- ure, by locating, constructing, organizing, and administering them for the main purpose of reformation. * * * “ They must be legislated into existence as a part of society, in harmony with every means she adopts for her preservation and the highest development and welfare of her members. Just as hospitals and asylums are instituted to heal physi- cal and mental disease, so these prisons should be established to cure moral deformity. They are needed as adjuncts to the various refining and purifying agencies, to make further effort in the same direction for those who arc not held by them to symmetrical, moral development, and who become an offense to society in spite of them.'’ The unavoidable length of this report must prevent us from entering into much detail on what may be considered the best system of reformatory prison discipline, on W'hich much differ- ence of opinion exists among those who have made it their study. We must content ourselves with a glance at the lead- ing: features of those which seem to have met with the best success, [f the fundamental principles meet the approval of REFORMATORY INSTITUTIONS. 43 the legislative body, the details would be a lit subject for future consideration. SHORT SENTENCES. At tlio outset one of the greatest obstacles to reform, com- plained of by prison officers and others, is the prevalence of short sentences. Earl Stanley, some years since, said in an address on reformatory institutions: “It is proved by a con- currence of testimony that short imprisonments are not reformatory in their effect; that usually they send back the offender more hardened than he went in. The difficulty is not to find witnesses on this point, but to choose them. I believe there is not a governor of a gaol, not a chaplain, not a chairman of the quarter session, who is not here of one mind.” Dr. Staats, physician of the Albany, If. Y., Penitentiary, one of the model prisons of the United States, says in his report for 1868 : “The ten-day cases — convictions for public intoxication — have been numerous, and have required much of our care and attention ; all of little avail, however, for, to judge from the frequency with which these persons return to the penitentiary, their brief season of abstinence, instead of quenching the appetite for strong drink, only enhances its intensity. It is mortifying to notice, year after year, the extent to which our hospital is made an infirmary for habitual drunkards.” A.nd the Board of Inspectors of the same insti- tution, speaking of the income of the penitentiary, observe : “ The relative falling off in this particular will prove very con- siderable, if we are obliged to devote a large share of the earn- ings of our efficient hands to the support of a battalion of ten to sixty-day men and habitual drunkards, wdio ivaste the sub- stance of the institution without any return, or even benefit to themselves.” The Rev. David Dyer, in an essay entitled “ Impressions of Prison Life in Great Britain,” remarks: “I was led more deeply than ever to feel the inutility, as a general rule, of short 44 REPORT 0>s PENAL AND sentences. In the first visits I made, I was surprised to find so many persons confined for periods extending from two to seven days, during which time they were generally subject to low diet and hard labor. On inquiring the reason for such sentences and treatment, I was repeatedly told that the preva- lent practice in Great Britain is to subject those who have been found guilty of petty offenses, to a short, sharp, deterrent course of punishment, that they might be kept from the fur- ther commission of crime. I asked if this was the practical result of this course, and I was assured that it was not, for that the number of recommittals, which were chiefly from this class of convicts, was very large, not less than thirty-nine per cent, and these have increased ten per cent within the last ten years. I repeatedly inquired of different prison governors, whether they thought such sentences generally useful, and the answer I received invariably was an emphatic No. Some added, They are baneful in their effect, and pointed to the large number of recommittals as jjroof. On asking what they would do with persons who had been repeatedly convicted and sen- tenced for short periods, they replied: ‘Make every additional offense a heightened aggravation, and impose a proportionate punishment/” The Howard Association, a society formed in London for the improvement of prison discipline, say: ** These repeated short sentences are very mischievous. For further committals there should be sentences of sufficient duration to form habits of labor, in collective, industrial occupations, and to impart an ability to earn an honest living.” General Pillsbury, Superintendent of the Albany, N. Y., Penitentiary, whose reputation as an experienced and most successful prison official is cosmopolitan, in his annual report for 1869, to the Inspectors, says on this subject : “ Of the 1,029 ! prisoners received during the year, 864 (or more than four- ; fifths) admitted themselves to have been intemperate, and 795 (or more than three-fourths) were committed for terms of less ! REFORMATORY INSTITUTIONS. 45 than six months. A great many of these were persons con- victed of public intoxication and sent here for ten, twenty, or thirty days, in default of payment of some small fine. It is for the lawgivers to determine whether imprisonment in the penitentiary is the best punishment for public intoxication in any case, but if it is designed to have any effect in curing the vice of drunkenness, a term of not less than six months should be imposed in all cases of second or further conviction. Under the existing law, it is not unfrequent for the same individuals to be convicted ten, twenty, or thirty times of public intoxica- tion, and on each occasion committed for a few days. The records of this institution are full of such instances. On our books for the past year, I notice one case where a prisoner con- victed of public intoxication for the thirty-third time, was sen- tenced to be commilted here twenty days, or to pay a fine of five dollars; and in default of this paltry fine, the trifling term of twenty days’ imprisonment was the penalty enforced. Such prisoners are a constantly recurring burden upon the institu- tion, and consequently upon the county, for they are unfit to labor during flic short time they are confined after their debauch, and they go forth unreformed and unimproved, only to repeat the same offense of public intoxication, and to be sent back to prison for another equally brief and useless period. If they were sent to the penitentiary for a term of not less than six months, there might be some hope of weaning them from their vicious and destructive habit, and restoring them to such a bodily condition as would fit them for useful labor.” We might multiply such testimony, but enough has been quoted to show that short sentences are opposed to reforma- tion, and financially a burden to the institutions. INDETERMINATE SENTENCES. It ma}^ be asked if it can be consistent with justice to inflict long terms of imprisonment for minor offenses. The answer involves a feature of criminal jurisprudence new in this State, but the principle of which has been tried with marked«success 4 a REPORT ON PENAL AND elsewhere; that is, to sentence the convicted offender for a term to be determined by the evidence of reformation, and detain him in custody until he shall, by reliable tests, demon- strate that he has the will and the power to abandon his crim- inal propensities. The doctrine that the offender should be detained until by his own efforts and conduct he shall have earned the right to be free, originated with that profound thinker, Archbishop Whately. Since its first suggestion, it has been growing in favor, and has been adopted as the true prin- ciple, by many of the most active, progressive, best-informed, and thoroughly practical philanthropists among those who have devoted their attention to prison administration, as well by prison officers as by those who in other capacities are giving their time to the benevolent object of ameliorating prison discipline and reforming the criminal classes. This method is strongly advocated by Rev. Dr. Wines, corresponding secre- tary of the New York Prison Association, who defines it thus : “ It is based on the idea that the criminal is a dangerous man, or, if you please, a morally insane man, whom it is not safe to suffer to go at large ; and therefore he must be restrained of his liberty, till, like other madmen, his cure has been effected, and he may be set free without new peril to the community. Or to state the same principle in other words, men who have committed crime have thereby forfeited their privileges in society, and before they can regain them, they must give satis- factory proof that they again deserve and are not likely to abuse them. Can anything be more conformable to abstract reason and natural justice than such a principle? It would not, as might be supposed on a superficial view, proscribe pun- ishment as such, which will always be necessary both to teach the lesson that ‘ the way of the transgressor is hard * and to induce penitence and submission ; still less would it leave out of view the object of setting a deterring example. What it would do would be to raise the character of both these elements in criminal treatment, placing the first in the light of a benev- REFORMATORY INSTITUTIONS. 47 olent means by making it an agency of reformation, — whereas at present it is too often regarded as a vindictive end , — and securing the second by showing the law constantly and neces- sarily victorious over individual obstinacy , instead of being, as now, frequently defeated by it. No doubt much of the hard- ness of old offenders arises at present from the gratification of pride in braving the worst that the law can inflict, and main- taining an ungovernable will amid all its severities. But for this pride there would be no place in a system in which more endurance could serve no useful end, and only submission , obedience , and reformation could restore to freedom. Under such a system the voice of the law to a convicted felon would be: f You have broken one of the first laws of society; you have shown yourself unfit to go at large ; you must be separ- ated for a season from your fellows ; you friust suffer the penalty which the law has righteously annexed to transgres- sion ; you must be shut up in prison and remain there until you give evidence that you are a changed man, and can be safely permitted to enjoy your freedom. In thus dealing with you, society has no resentments to gratify, no vengeance to inflict. It is for your good, as well as for her safety, that she so afflicts you ; you must be punished for what you have done ; but while you are in prison we will give you every chance to recover yourself. Nay, more, we will help you in that work. If you are ignorant, we will give you an opportunity of learn- ing in the prison school what you ought to have learned in the common school. If you never learned a trade, we will put you in possession of one. If religious truth was withheld from you in childhood, you shall be made acquainted with it in your adult age. We will, through these various agencies, impart to you the power, and we would fain hope the disposi- tion, to earn and eat honest bread. But you must work with us ; your will must be in accord with ours ; your efforts must tend in the same direction ; there must be, on your part, a real and hearty co-operation with us. On this condition alone can 48 REPORT ON PENAL AND you attain that radical reformation of character to which we wish to bring you, and the attainment of which is indispensa- ble to your liberation. Until you show to our satisfaction that you can be restored to freedom with safety to the com- munity, your imprisonment must continue; and if you never giye us such satisfaction, then you never can be discharged, your imprisonment will be for life. We do not set the mad- man free till he is cured of his madness ; neither can we safe- ly, or even justly, set the criminal free till he is cured of his propensity to crime. As the security of society and the good of the lunatic require that his confinement should be regulated upon this principle, so equally do the security of society and the good of the criminal demand that his incarceration should be adjusted upon the same principle. We put your fate into your own hands, and it is for you to determine the period, within certain necessary limits, during which the restraint upon your liberty shall continue. You may either prolong it to the close of yonr life, or restrict it to a duration which you yourself will allow to be but reasonable and just.’” Mr. Brockway, of the Detroit House of Correction, has strongly enforced similar views on various occasions. In his annual report for 1868, he says, in speaking of prostitutes, vagrants, confirmed pilferers, and those whose appetites or pas- sions are beyond their control, who by indulgence become dangerous members of society and are convicted of misde- meanors : “ Experience has demonstrated, that to sentence such persons to imprisonment for definite periods of time frequently subverts the purpose in view, and is almost always a hindrance ; for the effect of too long sentences is depressing, and if too brief, diverting, so that in either case that mental process essential to reformation is prevented or destroyed. Human wisdom is insufficient to adjust the sentence at the time of imposing it, as now done, so as to avoid this consequence, and I am satisfied that it can only be accomplished by the aid of that observation of the character and conduct to be had sub- REFORMATORY INSTITUTION'S. 49 sequent to the commitment of the prisoner. There cannot certainly be an increase of liability to erroneous and unjust sentences, by leaving the duration of imprisonment to he de- termined by competent authority after suitable opportunity for observing the prisoner, but on the contrary it must be lessened by such a course.” In his essay on “ Intermediate Prisons,” before referred to, the same gentleman says, “ Every consideration that warrants the commitment of men to hospital or asylum until, in the opinion of competent persons, they are sufficiently healed to return to society without injury, is an argument for holding in custody persons of such moral character as to render them inimical to the general welfare, until they are changed, and can mingle with their fellows without contaminating them. And when such persons reach this point they should not be held in confinement because of arbitrary sentence. This standard of legislation possibly cannot be reached at once, but effort in this direction should be made in the organization of every new establishment.” As the result of much discussion on this topic in Great Britain, the London Times remarked: “ We believe it will be found the cheapest and most politic course, as well as the most humane, to leave no stone unturned to bring about the reformation of criminals, and not to discharge them upon society until they are reformed. In desperate cases we must even acquiesce in the conclusion of imprisonment for life.” And the London Spectator adds on this subject, that the detention of criminals until their reformation would be justified upon the same grounds that justify the detention of the insane. As long as they are criminally disposed they are morally insane, and should be in safe custody. As soon as they have ceased to be criminally disposed, and become dis- posed, like ordinary people, to earn their livelihood in an honest way, they are cured of their insanity, and may safely go at large.” 50 REPORT 0 N PENAL AND Nowhere, perhaps, are the arguments in favor of this prin- ciple more forcibly presented than in a paper addressed to Rev. Dr. Wines, and read at the National Congress on Penitentiary and Reformatory Discipline, held at Cincinnati, Ohio, in October of the present year. The writer is Matthew Daven- port Hill, recognized as one of the ablest criminal jurists of Great Britain, who brings to the consideration of the subject the knowledge gained from an experience of about forty years as Judge of the Recorder’s Court of the city of Birmingham, in England. He maintains, substantially, that all punishment is a means to an end, not the end itself, — the end being the diminution of crime; yet he would not contemn any other good which may be incident to the means adopted to secure that result As a general principle, the diminution of crime, so far as it is to be effected by punishment, must be sought for in the reformation of the criminal, and for that purpose it is a necessary and a legitimate exercise of human authority to detain him until this effect shall have been produced. A criminal is a man who has suffered under a disease, exhibiting itself in the perpetration of crime, and who may reasonably be held to be under the dominion of such disease, until his conduct afford very strong presumption not only that he is free from its immediate influence, but that the chances of its recurrence have become exceedingly remote. It will be at once admitted that if we could, with certainty, so train a criminal during his imprisonment as to relieve him forever from all disposition to relapse into crime, any length of incar- ceration would be well spent, both as regards the interests of society, and especially as regards the interest of the criminal. If the offender must be sent to prison, what is to measure the duration of the punishment? Time sentences are so familiar to our minds, and enforced by such long ages of prescription, that an inquiry into their reasonableness demands efforts which few can be induced to make. In apportioning a REFORMATORY INSTITUTIONS. 51 time sentence to a given offense we assume that some assign- able proportion exists between offenses and inflictions, — that a pounds weight of crime should be visited with a pound's weight of punishment, — but the vague proportion we are able to establish in our minds carries us a very little way towards the exactitude required for practical purposes. This failure is manifested by daily experience. Whenever a case is tried by a plurality of judges, it is well known that it is only by com- promise they agree upon a sentence wherever the Legislature has left them discretionary power. If this be true of judges, who, sitting together month after month, are worn with an approach to mental uniformity, the difference of apportion- ment between one court and another must be so great as to preclude all hopes that crimes meet, as a rule, with their desert, neither more nor less. In our attempt to award pain according to desert, we are fated to err, either on the side of mercy or severity. When the jury has convicted the prisoner, it remains to be considered whether the offense is mitigated or aggravated by its incidents ; whether the prisoner is young or of mature age ; whether he has had the advantages of educa- tion, or been under the influence of ignorance and evil associ- ations; whether or not he has been previously convicted; whether his deviation from rectitude seems an exception or indicates the rule of his life. All these and many other points for consideration will rise up in the mind of a thoughtful judge, but they will assuredly not be dealt with by any two minds so as to result in the same infliction. And if we take into account the modifications of opinion which society under- goes from time to time, and observe its effect on the sentences pronounced at various periods for offenses of similar magni- tude, we shall all come to the conclusion, that standards of punishment are much more easy to imagine than to realize. Having watched the operation of non-reformatory punishments for more than half a century, Mr. Hill offers himself as a witness to the illusory nature of all expectation that they can 52 REPORT OK PEKAL AKD be made effectual as deterrents from repetition of crime. If, then (he says), it be impossible to duly adjust penalties, and if simply deterrent punishments are inefficacious, in what prin- ciple can we find refuge except that of reformation or cure ? But as a cure cannot be predicted in any case with absolute certainty, the time required for its accomplishment cannot be measured in advance, and there is no rational alternative but that of sentences undefined in extent. The next, and perhaps the most important to be considered, is, how shall it be ascertained when the moral cure is accom- plished? Premising that a strong presumption in favor of reformation is all the certainty that the nature of the case will admit of, and bearing in mind that upon careful analysis all moral certainty resolves itself into a high degree of probability, — such a probability as justifies us in acting upon it, — we find the problem practically solved for us, not only in the Old World, but in the New. IRISH PRISOK SYSTEM. The former we find in what is known as “ The Irish Prison System,” devised and inaugurated at Dublin in 1854, by Sir Walter Crofton; the latter in the government of the New York House of Refuge on Randall’s Island. Under the Irish system, the convict is brought to under- stand that his fate is measurably in his own hands ; and the opportunity is afforded him, during his imprisonment, through industry, learning, and good conduct, to raise himself, step by step, to positions of greater freedom and comfort, while idle- ness and bad conduct produce the contrary result. There are four distinct stages in this system. The first stage is one of solitary confinement under circum- stances of great privation, designed, apparently, to show the 'power of the government to compel the most refractory to obe- dience, as well as to demonstrate in the future by its contrast with the indulgences of the more advanced stages, the advan- ItEFO RMATORY INSTITUTIONS. 53 tages to be gained by good conduct, and what the prisoner may be liable to fall back to, by remand, for ill conduct. Under its discipline the most obdurate and defiant wills are found to yield. The duration of this strict imprisonment is usually eight months, but may be reduced by uniform good conduct. At the end of the first four months, however, the privations are considerably modified. At first the seclusion is absolute ; then the cell door is thrown open a part of the day 3 and after- wards during the whole day. This is felt to be a great privil- ege after four months of total seclusion, and is withdrawn for any misconduct. Meantime, the system is minutely explained to the prisoner, and the explanations are repeated till he fully understands them and is impressed with the conviction that his condition during his imprisonment will depend mainly on his own conduct, while his treatment by the officers satisfies him that they are really concerned for his welfare. The usual effect of this first stage of imprisonment is to plant in the con- vict’s mind the feeling that there must be an active co-operation on his part with his keepers in the effort to effect his improve- ment, moral, mental, and industrial. Its operation is to cause the antagonism he first felt towards the authorities to gradually melt away, and replace it with the feeling that kindness and sympathy have met him where he looked only for harshness and oppression. The second stage embraces four classes of different grades. Its operation is that of progressive classification, in which the convict advances from one grade to another by merit marks ; these marks being given severally for general good conduct, for diligence at work, and for the desire shown for improvement in education , — not for actual progress made. The design of the marks given is in a great measure to realize to the mind of the convict “ that his progress to liberty, within the period of his sentence, can be furthered only by the cultivation and application of qualities opposed to those which led to his conviction.” Mainfold inducements to good conduct 54 KEPOBT OlH PEKAL AXD and obedience are held out to the convicts in this stage, besides the progress toward liberation within their several terms of sentence. Such distinctions between the several classes are made, and such rewards and privileges are granted to each, as, without impairing the discipline, are fitted to invite and encourage them in a course of vigorous self-restraint and self-culture, the great effort of the authorities being to induce the prisoner to become the principal agent in his own reform- ation. The third stage of this system is termed the “ intermediate prison,” and is so called because it holds a middle ground between an imprisoment strictly penal and a condition of full liberty-. The imprisonment here is almost wholly moral. Walls, bars, and bolts are discarded, and very little supervision is employed. In the Irish system, two principles are never lost sight of, viz., first , the necessity of placing the felon at the outset under rigid restraint, and making him feel “ that the way of the transgressor is hard second , the reformation of the offender being the ultimate object in view, that this restraint must be gradually relaxed, and the lesson of active exertion and self-control be imparted in place of that of mere passive submission to authority. This third stage is but slightly penal, and those passing through it have almost as much freedom as laboring people in civil life. While engaged in the labors of the day they converse together as freely as laboring men do, no restriction being placed upon them in this respect, except those self-imposed restraints which result from an honest and diligent attention to work. Instruction, religious and secular, is still faithfully imparted. The almost unfailing effect of this course of training is a waking up of the dormant powers of intellect, and a develop- ment of all the elements of manhood. The fourth stage of the Irish convict system is a period of further and final test of the reformation of the convict, lie is discharged from the intermediate prison under a conditional REFORMATORY INSTITUTIONS. 55 pardon, certified by what is called a ticket-of-leave, or ticket of license. The convict who violates any of the conditions of his license and thereby forfeits the same, is sure to be returned to close confinement, but he is eligible to promotion again by good conduct. No convict, however, who has passed through all the successive stages of this system, and after a full discharge, commits fresh crime, and is again sentenced to prison, is per- mitted to go through the same course of training and trial a second time. Police supervision of convicts released on license is real and effective in Ireland. The conditions of the license are stringently enforced, a course which has proved as beneficial to the convict as it has to the public. The foregoing sketch of the nature of the Irish Prison System is condensed from a detailed account of the same contributed to “ Hours at Home,” by the Corresponding Secretary of the New York Prison Association. It is proper, lest misconception should arise from the use of similar terms for dissimilar things, that we should point out the distinction between prisons bearing the common term “intermediate.” The prison called “ intermediate” in the Irish system is one occupying a place between strict penal confinement and full liberty; the “intermediate prison” recommended in this report, and the institution to which the term is generally applied in this country, is one occupying a place between the House of Detention, or the County Jail, and the State Prison. NEW YORK HOUSE OF REFUGE. The solution on this continent of the problem for ascer- taining the cure of the criminal disease, is to be found in the system of management of the House of Refuge, under the very able superintendency of Mr. Israel C. Jones, on Randall’s Island, New York. It is true this institution was created and is maintained for the care and reform of juvenile delinquents, 56 REPORT OX PEXAL A XI) but its system does not on that account appear to us to be less applicable for adult reformatories. As in the Irish prisons, which we have just been consider- ing, the leading feature of the New York House of Refuge is the mark system. In the second annual report of the Board of State Commis- sioners of Public Charities, made in 1869, the Commissioners give the following synopsis of the plan on which this admirable institution is conducted : “ This institution is organized on the congregate plan, and not on the family or separate system. Its leading feature consists in its system of grades, of which there are four. The rank of the child in these depends upon good conduct, which is established by daily marks. The grade is re-settled each week in the presence of the division, and the child’s rank is raised or lowered according to the number of marks. The continuance' in grade number one for three months advances the child to the Class of Honor, and like good conduct for one year entitles him to a discharge if the highest class in school has been attained. The power of earning a discharge has a most important influence upon good conduct. It is said that every boy knows his position in reference to a discharge, and can respond at once when he can be released. The managers have seized upon the golden rule, that ‘punishment should be made to consist as far as possible in the taking away of privileges conceded for good conduct/ It is believed that there is a power in this principle not half understood, and that it may be made, with perfect publicity and fairness of adminis- tration, productive of the most valuable results. “As a general rule, young men under twenty-one should be sent to an institution organized on the plan of a reformatory. Their sentences should be 4 reformatory sentences,’ and they should be able to earn their discharge by good conduct. A new institution might be established which should embrace all young men of this class between sixteen and twenty-one. REFORMATORY INSTITUTIONS. This is believed to be the great need of the hour. The annual stream which is pouring into our State Prisons might thus, in a measure, be checked.” The spirit governing the method of classification in the House of Refuge is well illustrated in the following section of chapter XXI, of the by-laws of the institution : “ Section 1. The boys shall be separated into three divisions, to occupy separate portions of the main building, and shall be designated as the First , Second , and Third Divisions. Those who, from their previous career, may be deemed to be disposed and likely to contaminate their companions, or who may exhibit an intractable disposition either before commitment or during their residence in the House, shall be included in the Second and Third Divisions, and occupy the north wing ; those of a less depraved character, and more liable to be injured by the corrupting companionship of hardened offenders, shall be included in the First Division and occupy the south wing. The age of the inmate shall not be conclusive in determining his position, but the danger of imparting and receiving contam- ination shall be the main consideration.” The chaplain of the institution. Rev. B. K. Pierce, D. D., in his interesting volume — “A Half Century with Juvenile Delinquents,” remarks : “ The marked feature of the House of Refuge at the present time is, the practical direction which has been given to its long-established system of grades, and the important office which it is made to accomplish in the discipline of the House. So manifest has been the effect, that the lock-ups, which were constructed in the House at its open- ing for separate and solitary punishment, have been every one of them removed, and a large, open dormitory lias been con- structed in their place. Corporal punishment has been in this way reduced to an exceedingly small percentage, and a general appearance of cheerfulness and hopefulness has been secured throughout the institution. In the Appendix to this volume the system is presented in detail. The boy is met when he 8 58 REPORT ON PENAL AND enters the House (and the same is true of the girl) with the assurance that the hour of his discharge is in his own hands. The two simple rules of the Refuge (1st, ‘ Tell no lies/ — 2d, ‘ Always do the best you can’ ) are recited to him, and the effect of obedience to them upon his standing and comfort in the House, and upon the time of his discharge, is clearly and fully explained to him. If in the school, in the shop, in the yard, and everywhere, he always tells the truth and does the best he knows how, he will receive and hold the grade 1. If he retains this grade for a year, and has advanced to the fourth class in school, he has purchased his discharge by good con- duct, and the door that has detained him opens before him as soon as his friends or the institution can secure a suitable place for him.” The Superintendent, Mr. Jones, in his annual report for last year, says: “ In this way a new life is begun, self-restraint is imposed, diligence, hitherto untried, is acquired, and by perseverance in well-doing, inspired, it may be, at first not by the highest motives, good habits become fixed. By securing the respect of others the lad learns to respect himself, and gradually but surely an entire reformation, in a large majority of cases, is the result” This Commission together visited the House of Refuge on Randall'S Island, in July last, and have pleasure in bearing testimony that our observations led us to believe that the insti- tution is fully entitled to all the commendation it has received. The Executive Committee of the Prison Association of New York, in their report for 1869, remark : “ If the character of sentences were so changed that the release of prisoners was made dependent on their reformation, or at least on the accu- mulation of a certain amount of marks as the result of good conduct, industry, and progress in learning, such an element in their imprisonment could not fail to be powerfully opera- tive in the direction of their moral amendment.” REFORMATORY INSTITUTIONS. 59 And the Earl of Carnarvon has shown that the system has been applied with marked success, by the visiting Justices in the gaol of Hampshire county, in England. Having seen the inequality and frequent injustice of time sentences, we think the foregoing array of argument in favor of the practical results of indeterminate or reform sentences ought to be conclusive with all reasonable minds. DISCHARGED CONVICTS. But the most perfect conception of prison discipline must be comparatively valueless, unless adequate provision be made for the welfare of discharged convicts. If such a man be brought up for a second or third offense, and be convicted, the severity of his sentence is generally increased by the fact of his previous convictions. Such is the dictum of society pronouced in its own self-defense, and usually regarded as equitable. Society complacently looks upon the fresh crimes of the indi- vidual as proofs of his innate depravity, and seldom pauses to consider how far society itself is responsible — fearfully respon- sible — for these criminal acts. 'When a discharged convict re-enters the world, he may have the best intentions as to his future life, and the strongest resolves to do right and pursue an honest career. Is it in his power to keep them ? In look- ing for employment, the fact of his having been a convict, if he make it known, as a general rule will shut the doors of society with ignominy against him. Society thus tempts him at the outset, as the only alternative that he has, to lie about his previous record when inquired into, in order that he may not be abruptly and perhaps insultingly denied the opportu- nity to commence earning his bread by honest work. If he yield to this first temptation, where can he go and be certain that sooner or later his having been a convict will not be dis- covered, and his discharge from employment immediately follow ? In that event the fact of his having misrepresented his previous occupation, though nothing else may appear GO REPORT ON PENAL AND against his thorough reform, it is set down as an additional * mark to his discredit, and after a few trials he finds society has set a ban upon him, and placed the mark of Cain on his forehead. The history of convicts is full of such experience, and innumerable instances could be adduced where the individual finds it impossible to carry out his virtuous resolutions. Mean- time he is surrounded by the strongest temptations and induce- ments — the pressure of want, and the solicitations of old associates — to return to a life of crime. To resist these suc- cessfully he must be aided by some kindly influence for his moral support. Society owes him the aid, not only for his benefit, but for its own protection. If it be afforded, he will probably be kept from the evil path ; if withheld, he is likely to become only more hardened and embittered against society, and to return with added violence to criminal pursuits. This is an old question, at home and abroad, and if any effort is to be made in Michigan to reform our criminals, their treatment after release must enter largely into the plan, or the rest will be comparatively nugatory. As long ago as 1803, in a communication to the Mechanics’ Association of New York, Edward Livingston, who has been justly named “ the father of legal and penitentiary reform in this country,” when he was mayor of that city used this language: “It must be evident that nothing will tend so much to defeat the principal object of reformation, and at the same time to endan- ger the security of the city, as the situation in which those stand at the time of their discharge, who have undergone the sentence of the law. The odium justly attached to the crime is continued to the culprit after he has suffered its penalty. He is restored to society, but prejudice repels him from its bosom. lie has acquired the skill, and has the inclination to provide honestly for his support. Years of penitence and labor have wiped away his crime, and given him habits of industry and skill to direct them. But no means are provided for their REFORMATORY INSTITUTIONS. 61 exertion. He has no capital of his own, and that of others will not be intrusted to him. He is not permitted to labor, he dares not beg, and he is for subsistence driven to plunge anew into the same crimes, to suffer the same punishment he has just undergone, or perhaps, with more caution and address, to escaps it. Thus the penitentiary, instead of diminishing, may increase the number of offenses.” An evil so early recognized, of course has not been without efforts in various quarters for its amelioration. In our own State, however, we know of no systematic endeavors at remedy having been attempted, except in the instance of that praise- worthy institution, the Detroit House of Shelter, established two or three years ago, the design of which, however, is limited to females discharged from the Detroit House of Correction. But, to achieve beneficial results in this direction, it is no longer necessary to grope in the dark. The Irish Prison System already discussed is not satisfied with merely reform- ing criminals. An essential part of its scheme is to take care of the interests of manumitted prisoners by finding them remunerative employment after their discharge. The spirit of the whole system has this end in view, and the treatment in the advanced stages is devised with the two-fold object of convincing the convict that you really trust him, and con- vincing the public that the discharged convict may be safely employed. The government has an agent in Dublin (Mr. James Organ), a part of whose duty is to find employment for these men. When he began this work fourteen years ago, it was with the greatest difficulty that he could find places for any. Now, the difficulty is reversed, so that it is harder for an employer to yet a liberated convict than it is for each con- vict to find an employer. In a late report by Mr. Organ, he says : Crime is fast dis- appearing in Dublin, and old and habitual thieves are becom- ing honest and industrious citizens, whilst homes that have 62 REPORT OX PEXAL AX* hitherto been the scenes of vice and poverty are now replaced by those of morality and plenty. Employers continue to repose confidence in my men, and the demand for them during the past year has at times exceeded the supply .” What a contrast to the position of liberated convicts in this country. Speaking of the intermediate Agricultural Prison at Lusk, about twelve miles from Dublin, Mr. Organ says: “I cannot speak too highly of the cheering effects which farm labor has produced, even upon the most sluggish criminals, or of its happy results even upon the cool and calculating .adept in vice, from whose brow the honest drop of sweat never trickled.” Further, that he regards “as proved in innumera- ble instances that the most indolent criminals can be trained to honest and independent toil, not so much through fear or coercion, as through the influence of hope and encouragement.” Again, to use the language of Rev. Dr. Wines: “Besides effecting the remarkable change just mentioned, thereby remov- ing all obstacles out of the way of the re-absorption of dis- charged convicts into virtuous society, which remains among us the most difficult and perplexing of all the problems we have to grapple with, the result of this system has been to diminish crime in Ireland more than fifty per cent. The number of convicts confined in government prisons in 1854 was 3,933, in 1866 it was only 1,637. * * * Hence, it would seem that for Ireland the vexed problem, what shall be done with our criminals ? which has been for ages a crux terribilis to the nations, has been satisfactorily solved.” As regards the question of expense, w r e have already seen that the best reformatory prison v r e have, the Detroit House of Correction, is a money-making institution under the able executive management of Mr. Brockway, and that the reform system in Ireland, in fourteen years, has converted one-half her criminals into honest and industrious producers ; and so long as criminals continue unreformed it is a fair subject of inquiry REFORMATORY INSTITUTIONS. 63 whether, when at large, they do not cost the community much more than when kept within the walls of even expensive institutions. Since the members of this Commission agreed upon making the recommendations herein contained, in regard to prison reform, the views set forth have been strengthened by the adoption at the National Congress of Penitentiary and Reform- atory Discipline, which was held at Cincinnati in October last, after full discussion, of a “ Declaration of Principles,” among which are the following : “III. The progressive classification of prisoners, based on character, and worked on some well adjusted mark system, should be established in all prisons above the common jail. “ IV. Since hope is a more potent agent than fear, it should be made an ever-present force in the minds of prisoners by a well devised and skillfully applied system of rewards for good conduct, industry, and attention to learning. Rewards, more than punishments, are essential to every good prison system* “V. The prisoner’s destiny should be placed in his own hands; he must be put into circumstances where he will be able, through his own exertions, to continually better his own condition. A regulated self-interest must be brought into play, and made constantly operative. “ VIII. Peremptory sentences ought to be replaced by those of indeterminate length. Sentences limited only by satisfac- tory proof of reformation should be substituted for those measured by mere lapse of time. “ XVIII. The more valuable parts of the Irish prison sys- tem — the more strictly penal stage of separate imprisonment, the reformatory stage of progressive classification, and the probationary stage of moral imprisonment and natural training — are believed as applicable to one country as another — to the United States as to Ireland. “XXXI. The construction, organization, and management of all prisons should be by the State, and they should form a 64 REPORT ON PENAL AND graduated series of reformatory establishments, being arranged with a view to the industrial employment, intellectual educa- tion, and moral training of the inmates.” STATE PRISON. On the subject of the State Prison at Jackson, it seems only necessary to add, that if intermediate district prisons shall be established, it would, in the general plan, be a prison for the custody of the worst and most incorrigible class of criminals, the discipline of which might be modified so far as practicable to carry out the general principles recommended ; and power might be vested in some authority for the removal of any of its inmates to intermediate prisons when fit subjects for such action should be found. PAUPERISM. In all organized communities there has been more or less pauperism. The subject has engaged the attention of the philanthropist, philosopher, and legislator from the days of Moses to the present time. The poor have existed under all forms of government, whether Theocracy, Monarchy, or Re- public, and the amelioration of their condition, or the removal of the causes which lead to destitution and poverty, has been the subject of legal enactments and voluntary efforts in all countries advanced in civilization. The progress made in the removal of this, as of other great social evils, has hitherto been exceedingly slow ; and although we should expect that the entire destruction of pauperism can only be accomplished when the whole people shall become per- fected in everything that makes man good and wise, yet we see, in looking over history, that it has been lessened by wise laws, and increased by pernicious legislation. That the subject should engage the serious consideration of the people, is shown by the magnitude of the evil in Michigan, and more especially in some of the older States of this coun- try and under the governments of Europe, where the number REFORMATORY INSTITUTIONS. 05 of paupers swell into mighty armies, and the annual expendi- ture to feed and clothe them amounts to many millions of dollars. In the State of Massachusetts the number of paupers in 1868 was 11,133, and the cost of their support was oyer one million dollars. The whole number in alms-houses in the State of New York in 1867 was 13,690, and the amount ex- pended for their maintenance and for out-door relief for the same year, was $2,387,023. Besides this expenditure, very large numbers in these States are maintained in private charitable institutions. The amount expended in England and Wales, during the sixteen years from 1818 to 1834, was between thirty and thirty-five million dollars annually. The amount of poor rate levied in those countries in 1859 w T as $40,541,110, — the population being for that year 1 9,578,000. Very large numbers in these countries are also relieved by private charities. The largest number at one time of paupers in the county poor-houses of this State in 1869 w'as 1,478, and the amount expended for their support in the same year, exclusive of the amount raised on the county farms, was $117,515 59. The amount expended during the same year for out-door or tempo- rary relief, was $148,611 69. The percentage of paupers in new States is always less than in the older ones, on account of the greater demand for labor, the simpler ways of life, and the greater ease of obtaining the means of support. As our State becomes more densely popu- lated, and our cities increase in size, we may expect to have a condition of things not unlike that which we find in older countries, unless we check the progress of this great social evil by wise and timely legislation, and a diminution of the causes which lead to poverty and destitution. The evils now existing in the pauper system of this State we have already attempted to point out. A very prominent cause of these evils is a ivant of proper classification . We have seen that the aged, the young, the insane, the demented, 9 66 EEPORT OK PEKAL AND the idiots, the common vagrants, those who have been reduced to destitution and want through lives of vicious indulgence and crime, and those who are without a blemish on their char- acter, are collected together in the county alms-houses, pro- miscuously ; eating from the same table, congregating idly together in the same rooms, — the foolish with those wiser, — the vicious and criminal with the pure and unspotted, — without order or system, and generally with no attempt to improve or make them better, physically, morally, or mentally. It cannot be claimed that these evils are the result of the imperfect institutions of a new State, which will disappear as we advance in age, wealth, and population. The condition of the county infirmaries in the State of Ohio, and of the poor-houses in the State of New York (except in the large cities), as made known by the reports of their Boards of Public Charities, give us no hope of improve- ment by age, unless we can claim a better class of people than theirs, — a proposition that will hardly be maintained when it is considered that a large proportion of our population is composed of emigrants from those States, and that our insti- tutions are very similar to their own. The reports above referred to are full of sickening and disgusting details of the condition of the paupers in very many of the county institu- tions of those States ; some of the very worst ones being in the oldest and most populous counties. The want of proper classification and care is not the fault of those who have these matters in charge, but in the system. The number in each county poor-house is usually so small, that classification is impracticable. In all small institutions of this kind, the care of paupers is almost universally custodial. It is only by congregating large numbers, as in the institutions for the poor in large cities, and in the State alms-houses of New England, that anything like classification or improve- ment in the moral or mental condition of the inmates can be undertaken successfully. We believe that a wise economy REFORMATORY INSTITUTIONS. 67 requires that classification should be attempted at no distant day in this State, so that the different classes may be subjected to management adapted to their various conditions ; and to provide for such classification we deem just and prudent legislation desirable. The following classes of paupers in this State may very w r ell be made, and their treatment considered separately : 1st. The Insane. 2d. Idiots and the Feeble Minded. 3d. Children under sixteen years of age. 4th. Dissolute Paupers. 5th. The Old, the Infirm, and the Diseased. 1st. The Insane. There were in the county poor-houses, at the time of our examination of the same, during the year 1869, 215 insane paupers, exclusive of nine of the smaller counties which were not visited. As may be seen from the statements heretofore made in this report, the present system of providing for this class of unfortunates is bad in every particular, and such as should not be encouraged by any philanthropist or statesman. This class, like the pauper idiots and the children who through misfortune are subjects of public charity, as we have already suggested, should be the wards of the State. Being alike helpless, the State should see that those laboring- under mental disease or imbecility should have careful and skillful treatment to restore their minds, if possible, to a healthful condition ; and the helpless children should be so educated and trained as to give them a fair chance to become useful citizens, instead of growing up under the contaminating influence of life in the county poor-house. All insane persons, whose condition is such as requires their being kept in custody, should be under the care and supervis- ion of competent medical men, who understand from training and experience, the proper management of this class of persons. 68 REPORT ON PENAL AND After a careful examination of the condition of the pauper insane, as found in the county institutions in this and other States, the members of this Commission wish to express, in the strongest terms , their condemnation of the whole system of county custody of this class. In the State of New York, where this system has been long in operation, the result has been such as to call for its condemnation by all persons and commissions who have investigated the matter. Miss Dix, twenty-five years ago, presented the terrible condition of the insane and other paupers in the county poor houses, in a memorial to the Legislature of that State. A select commit- tee appointed by the Senate in 1857, composed of Mark Spencer, George Bradford, and M. Bindley Lee, to visit chari- table institutions and city and county poor-houses, in their report condemn, m the strongest terms, the abuses of the insane in the county poor-houses and small county asylums. Again, in 1865, Sylvester D. Willard, M. D., having been appointed by the Assembly of that State to investigate the condition of the insane poor in the various county asylums and poor-houses in the State, makes use of the following language: “They” (the poor-houses) “have become filled to an excess of human misery, degradation, and wretchedness, that wrings a cry of distress from the heart of every philan- thropist. These evils have become so great and so glaring that they are a stigma upon the class of our charitable institutions where insane poor are confined, upon our communities, and upon the fair name of our State. The facts elicited by this investigation are too appalling to be forgotten, and too impor- tant to be thrown aside.” Again, in the report of the Board of Public Charities for 1869, after giving the details as they existed in the various counties, of the care and treatment of the pauper insane, they sum up as follows: “'The result of these details is that in Borne one or more of the counties there are these forms of abuse. The buildings are meagre, or greatly out of repair, REFORMATORY INSTITUTIONS. 69 with bioken walls or floors, and badly arranged as to conven- ience of light and ventilation. There are cells for the confine- ment of the insane, sometimes in prison style, with heavy, grated doors; again, in the basement, with imperfect light; again, in the form of dungeons, wholly dark and without any furniture. The air of the rooms is close, and the stench intol- erable. The cells are dirty, the beds torn in pieces, and the floor littered with straw and bits of clothing. Eats at times perform the duties of scavengers. “ Into these pest-houses the insane are crowded, associating with idiots, and paupers of sound mind— adults as well as children. I he excitable and noisy may be confined in cells in chains, close neighbors to the inoffensive and quiet. Two of them may be locked up in a single cell. Among them may be those who are filthy in their habits, others are partially or entirely nude,— females as well as males,— and continuing in this condition for months and even years. Here are chronic cases of thirty-five years’ standing ; here are also recent cases, without any special medical treatment, or any official effort made to secure their admission to the State Asylum. The insane receive no other care than that awarded to paupers; not unfrequently incompetent paupers are the keepers and attendants, and at times they are treated rudely and severely. They suffer from medicine administered without the knowledge of a physician. The county authorities are sometimes parsi- monious, and furnish no chairs, or muffs, to control excitable patients. Is it a wonder that many are in a state of constant irritation, or the dreary record is so often found, that of large numbers discharged from the State asylums and found in the county poor-houses, few if any have materially improved? Will the people of the State of Hew York, when they compre- hend the inhuman treatment the insane poor sometimes receive, leave a system in unchecked operation which admits of such enormities? Though we have spoken emphatically concerning the mismanagement of poor-houses, our views are 70 REPORT OX PENAL AND not without the most respectable support in the examination and conclusion of others. The evils deplored are chronic , and again and again have thoughtful men held them up to notice/' We have quoted thus freely from these reports to show where certainly we in this State are drifting, in the care and treatment of the pauper insane. Our population, as we have said, is composed, to a great extent, of emigrants from the State of New York, and their descendants. Our poor-laws are copied very nearly from those of that State, and we cannot reasonably expect that they will be better administered. As has been already shown, the condition of the insane in many of our pooiyhouses is in some instances quite as bad as it is there. Already the houses are filling up with insane persons, many of them recent cases, who have never had, and we fear never will have, under the present system, any proper medical treatment for their cure, on account of the parsimoniousness of the authorities having the matter in charge, and from want of sufficient accommodations in the State Asylum. Shall we, too, drift along in the ruts of our ancestors, and for want of proper foresight and just legislation, suffer so many of our fellow-beings, deprived of that greatest gift of God to man, — reason, — to eke out a miserable existence amid all the sickening and disgusting scenes so vividly portrayed in the reports from which we have quoted ? We recommend to the State to take the matter into its own control, and make provision for the proper care and treatment of the insane paupers. On grounds of humanity, they should be treated as wards of the State. Not only should the State provide for the care and treatment of the paupers of this class, but suitable provision should also be made to enable residents of this State who have insane friends or relatives whom they wish to put into an asylum, and for whose care and treatment they are able to pay, to do so. There is an urgent necessity that the State should provide immediately increased accommodations for the insane, whether REFORMATORY INSTITUTIONS. 71 it assumes the control of the whole of that class who are sup- ported by the public or not. According to the estimate of competent authorities, we must now have, unprovided for, from six hundred to eight hundred insane persons in this State, who should be under the control and management of competent medical men. There is scarcely a neighborhood that is not afflicted or annoyed with one or more unsafe and disorderly insane persons, and no tax would be more cheerfully met than that which will provide for their custody and treatment. The average cost for the buildings alone of thirteen of the leading Insane Asylums in the United States has been $1,248 for each patient, and the most of these were erected before the great advance in prices which occurred during the war. The expense of establishing our own State Asylum at Kalamazoo, including land and all other expenses, as we understand, exceeds $1,600 per patient. We are aware that if the State shall provide for all the insane who should be in asylums, it will be attended with a very considerable outlay of money. Following the example of older States, Michigan has been very generous in expendi- tures for the erection of the institutions already established ; We are satisfied, however, that the opinion of many of the best informed men on these subjects (in which opinion we fully concur) is that the construction account of similar institutions to be hereafter erected may be materially lessened without detriment to the objects to be attained. We would not advise cheapness or parsimoniousness in the care of the insane, but would respectfully submit whether it would not be w r ise, in view of the great magnitude of the work, and the amount of money which must necessarily be expended in providing for all of those in the State who need treatment, to take into careful consideration the question of expenditures, and seek whether any improvement in the system of management can be judiciously instituted ; and in the con- REPORT Qtt PENAL AND Btruction of buildings, while we would secure everything that the most scientific treatment may demand, we would recom- mend utility and permanency without expensive ornamentation and display. Whenever it is deemed advisable to establish any institution^ it would be much more economical, after careful estimates of the cost of construction, to appropriate the whole amount required at once, or as rapidly as the money may be needed. The cost of our present asylum has, we believe, been con- siderably increased by the irregularity of the work, for the want of timely appropriation of funds. An addition of tw'o buildings to our present asylum, capable of accommodating one hundred each, one for males, and the other for females, could be economically accomplished, and afford increased facilities for classification of the inmates of the whole institution. An urgent and immediate demand exists for additional provision, and either the enlargement should be made, or a new institution established at some other point at the earliest possible time. Only two objections occur to this Commission against the enlargement of the present asylum. One is that the number of inmates would then perhaps be too large to be successfully and profitably treated by one man, who, we conceive, should have close supervision of alt the affairs of the institution in order to insure the most beneficial results financially and otherwise. If thus enlarged, the number of patients would exceed considerably that of most institutions of the kind in the country. The present very able superintendent is of the opinion that an asylum containing five hundred inmates can be successfully managed financially, and the patients treated with the greatest degree of success obtainable under the present system, by one man with well trained subordinates. With an asylum of the size of ours at present, the State should rather err in not increasing its capacity than in getting it too large. REFORMATORY INSTITUTIONS. The second objection which would favor the establishment of a new asylum, is the well ascertained fact, that communities remote from such institutions are not as likely to avail them- selves of their advantages as those who are near, and it is deemed important that the early and prompt application of treatment in insanity should be encouraged. If the Legislature shall decide that all insane paupers shall be under the control of the State, we would recommend the establishment of another asylum immediately, to be fully equal in all respects to the best of the kind in the country, so far as curative agencies are concerned. No change of system should be adopted with the sole view of cheapness of maintenance, but if industrial employments should be introduced as a part of the regime, it should be because they improve the physical and mental condition of the inmates, and the profits arising there- from should be incidental and not the end sought. We are opposed to the establishment of any institution of this class solely for supposed incurables, and which shall be only custodial in its character. It would be well for the State to pursue that course on this most difficult and embarrassing subject, which will be compre- hensive in its results, and will give to all the insane that care and treatment which justice and humanity demand. A few thousand dollars expended now in settling upon some definite plan, which would require more time than this Commission with its manifold duties is able to give, may save hundreds of thousands of dollars in the future, and ensure thorough and scientific treatment or proper custody to all insane persons in the State. We can point with pride to our noble institution for the insane, which is a credit to the State in its architecture and imposing appearance, and stands as evidence of our mate- rial prosperity, and of the enlarged views and noble hearts of our legislators. Its management, under the present able superintendent, is spoken of as a model of excellence at home and abroad, but we must remember that eighty per cent of 10 n REPORT O^T PEKAL AND its incurable inmates are remanded to miserable homes, or to the county poor-houses, such as we have shown them to be, and that the change from an abode in this costly and spacious edifice, with all its comforts, to the sickening and disgusting scenes of many of the pauper homes, is truly appalling. We must remember, too, the large numbers in our State, who, for want of sufficient accommodations, can have no treatment ; that our present asylum is filled to its utmost capacity, and that oyer one hundred have been turned away within the past year for want of room. 2d. Idiots and the Feeble-Minded. The same reasons may be assigned with greater force for the State to assume the control of this unfortunate class of pau- pers, that have been given for the care of the insane. Their condition as we have found them in the county poor-houses, is in many instances deplorable in the extreme. Language would fail to convey an idea of their forlorn and utterly hope- less condition. The readiness of the people of this State to adopt all reason- able measures for the elevation of those who should be under its care and protection will not permit them to be long without an institution for the education and improvement of this class, which, as Dr. Samuel G. Howe remarks, “is far, far more deplorably afflicted than the deaf-mutes, the blind, or insane, for whom the State, to a great extent, has provided.” We have now in the county poor-houses about 75 idiots or feeble-minded persons. There are in the whole State, accord- ing to estimates of competent authorities, about one thousand idiots. The corner-stone of the first public institution built expressly for the education of idiots in this country, w T as laid at Syracuse, Hew York, on the 8th day of September, 1854. An experi- mental school for idiots had been established in Boston, in 1846, under the auspices of the State of Massachusetts, and a private institution for the same purpose was established by Dr. REFORMATORY INSTITUTIONS. YO H. B. Wilbur, at Barre, Mass., the same year. In 1852 a private school had been founded in Germantown, which soon became the Pennsylvania Training School for Idiots at Media. The States of Connecticut and Ohio, in 1855 and 1857, Kentucky in 1860, and Illinois in 1865, established similar schools. We have thus eight schools in the United States devoted to this purpose, in which about one thousand pupils are constantly receiving training and education. The result of the experiments to develop the minds of this unfortunate class is found, after careful analysis, to be, that of idiots not affected with epilepsy, who are brought under instruction in childhood, from one-third to one-fourth may be made to perform the ordinary duties of life with tolerable ability. They may learn to read and write, to understand the elemen- tary facts of geography, arithmetic, and history, to labor in the mechanical arts, under proper supervision, and to attain sufficient knowledge of government and morals to fulfill many of the duties of a citizen. A larger class, probably one-half of the whole, will become cleanly, quiet, able, perhaps, to read and write imperfectly, and to perform, under the direction of others, many kinds of labor requiring little thought. The remainder will make little or no improvement. Dr. Edward Seguin, an eminent French physician and phi- lanthropist, who may be considered the originator of the present system of education for idiots and feeble-minded persons, and who is considered the highest authority on this subject, says: “Not one in a thousand has been entirely refractory to treatment ; not one in a hundred who has not been more happy and healthy; more than thirty per cent have been taught to conform to social and moral laws, and rendered capable of order, of good feeling, and working like one-third of a man ; more than forty per cent have become capable of the ordinary transactions of life under friendly control, of understanding moral and social abstractions, of working like two-thirds of a man ; and twenty-five to thirty per cent come 76 REPORT OK PEKAL AND nearer and nearer to the standard of manhood, till some of them will defy the scrutiny of good judges, wdien compared with ordinary young me*n and women/’ When we look at the helpless and hopeless condition of the idiots and feeble-minded persons in our county poor-houses, and reflect on the large number of that class in the State, many of them certain to be led into evil habits and crime, when we know r that by proper care and training a large pro- portion of them may be made useful citizens, and others raised from their condition of utter helplessness to take proper care of their own persons, wn feel like urging upon the State the early establishment of an institution for their training, educa- tion, and care. Such an institution should provide for the custody of all the pauper idiot and feeble-minded children of the State, and give instruction to those who can be benefited by it, and at the same time, if deemed advisable, it could be made sufficiently extensive to offer its benefits to those citizens of the State who may have any of that class whom they wish to enjoy its advantages, and who are able to pay for such privileges. So far as the pauper class is concerned, the expense of main- taining them under State control in one large institution would not materially difier from that of the present system of county custody, while it offers the advantage of giving them the benefit of the chance of being educated to become pro- ducing citizens, instead of remaining as they are, and always will be under the present system, non-producers, and often very loathsome ones. Pauper Children . Very much stronger reasons can be given for the removal of the pauper children from the county poor-houses than can be given for the removal of the insane and idiots. They have all their faculties, and are to grow up to fill places in the State for weal or for woe. Who can doubt for a moment, when they know the influences by which such young persons are sur- REFORMATORY INSTITUTIONS. 77 rounded, that very many will be lost to themselves, and many more will become criminals, and inmates of our penal and correctional institutions. There is no doubt that this class, unlike the insane and idiots, can all be trained and educated. The condition of the children in county poor-houses has been the subject of serious thought, and has called forth great commiseration from committees, boards of public charities, and philanthropists in many of the States, yet they are left, in most cases, to remain amid those baneful influences, and legis- lators, unmindful, as we think, of the true interests of the commonwealth, still suffer them to grow up to become perma- nent charges upon the State, as large numbers of them, unless otherwise provided for, must inevitably become fixtures in our charitable, reformatory, or penal institutions. This great stream of evil should be turned aside at its source, where small means and slight influences will accomplish it, and not suf- fered to become the mighty torrent, carrying devastation before it The number of children in almshouses in the States of New York and Ohio have become so great that the authorities are perplexed to know what do do with them. The number in the county poor-houses in New York, in 1869, was 1,222, and their Board of Public Charities, in their report for that year, say : “ The existence of this large number excites the most painful feelings. Many of them are born in the county-house, and pass there the early days of childhood. When we remem- ber how r their earliest experience of life is public dependence under its most unfavorable aspect, in the company of the wretched and depraved, when we recall their education to vicious and filthy habits, we cannot be surprised that they either fill our prisons or furnish a perpetual supply of occu- pants of our alms-houses. Shall we not, in this manner, fasten upon ourselves a class of hereditary paupers ?” The Board of Public Charities for the State of Ohio, in their report for 1869, say : “ Heretofore, the Board have felt constrained to urge the care of the infirmary children upon the State. The statistics for the past year are such as to 78 REPORT OK PEKAL AND bewilder judgment as to what is best, as promising needful relief to this class of dependents, and as to meeting the social and moral obligations of the State. There is an aggregate of 947 children in the several infirmaries in the counties. These figures suggest a problem to the solution of which the State may well devote its utmost wisdom. Nearly one thousand children in the poor-houses of Ohio ! What is to be done with them ? Think of their surroundings. The raving of the maniac, the frightful contortions of the epileptic, the driveling and senseless sputtering of the idiot, the garrulous temper of the decrepid, neglected old age, the peevishness of the infirm, the accumulated filth of all these ; then add the moral degeneracy of such as, from idleness or dissipation, seek a refuge from honest toil in the tithed industry of the county, and you have a faint outline of the surroundings of these little hoys and girls. This is home to them. Here their first and most enduring impressions of life are formed. If it be sad to think of a thousand little boys and girls, all more or less intelligent, many of them bright and beautiful, in such homes as these, how deeply must every human sym- pathy be touched with the reflection, that to these little chil- dren the poor-house is 4 all the world.’” We have now r in the county poor-houses in this State, 212 children under sixteen years of age, — not including nine of the smaller counties which w r ere not visited. It is the earnest conviction of all the members of this Commission, that these children should be taken from the county poor-houses and made the w r ards of the State, and that they should be inden- tured out in families, or placed in orphan asylums, or in a school provided by the State, like the State primary school at Munson, Mass. It w r ould be v ise for the State to encourage the establishment of private orphan asylums, by placing therein as many of these children as the officers of such institutions are willing to receive, and allowing them an amount for their maintenance which w r ould be equal to the expense of keeping them in the REFORMATORY INSTITUTIONS. 79 alms-houses or primary school. In this way they would he reared and trained in virtuous ways, and at the proper age placed in private families, and thus very likely become good and useful members of society. But if our poor-houses can not be relieved of their children by a regular system of placing them in families, or by their admission into orphan asylums, we would advise the estab- lishment of a State primary school, where the children, until they could be indentured or adopted in families, could be edu- cated morally and mentally, and also taught habits of industry. But we would express our conviction that institutional life should he avoided as much as possible, as we consider the rear- ing and training in families as more natural and far superior in all respects, while we would also strongly urge the necessity of supervision of indentured or adopted children by some com- petent officer, wdio shall frequently visit them, and ascertain if the child is well cared for and the conditions of the inden- ture are being fulfilled. With some such arrangement we are fully satisfied that judicious and humane persons would generally concur, and we firmly believe that thereby many children, who would other- wise become confirmed paupers and criminals, and permanent fixtures in alms-houses and prisons, would grow up to be useful citizens and an honor to the State. There is a class of children in all communities, who are not paupers or criminals, but who should be protected and trained by the State. These are the children of parents who neglect their offspring, either because they are vicious or indifferent, — children who swarm the streets, prowl about docks and wharves, and are almost sure to take up crime as a trade, orphans who have no one to provide or care for them, and all vagrant and abandoned children. All such should be gathered into schools, where they would receive that mental, moral, and industrial training, which their own homes or circumstances 80 REPORT ON PENAL AND would never afford them, and from which they might at length be sent out to good situations in the country or elsewhere, where they would grow into virtuous and useful citizens, add- ing to, instead of preying upon the productive industry of the State. The schools established for pauper children could also be used for this class of children, as their treatment should be substantially the same. Dissolute Paupers. All persons reduced to pauperism by drunkenness, prostitu- tion, idleness, or any vicious habit, and all common beggars and vagrants are entitled to no indulgence, and should be treated as offenders against the well-being of society. They are the worst class of paupers with which the authorities have to deal. For them, labor is the proper remedy. If all such persons were sent to a w r ork-house, where, under the discipline of hard labor and other reformatory agencies, they could be made to earn their living, the State w r ould soon get rid of the expense of supporting large numbers of this class, and our alms- houses would be relieved of a great nuisance. It is w T ell known that many of our poor-houses, especially those near the large towns and cities, have a considerable population of these dis- solute paupers, particularly prostitutes and licentious persons, who have become diseased and flock to the alms-houses to get cured and recruit. The Wayne county poor-house was at one time, we understand, quite noted for being a very good venereal hospital. The experiment of the State of Massachusetts in treating all this class of State paupers as criminals, and sentencing them from six months to three years to the work-house at Bridgewater, has been attended with very beneficial results. This course has lessened their numbers very materially during the short time it has been in operation. The Board of State Charities for that State say in their report: “Much of the good wrought by the w r ork -house is due to the long sentences of REFORMATORY INSTITUTIONS. 81 a majority of the inmates. In this respect the institution is most strongly contrasted with the jails and houses of correc- tion, which in other points it resembles. This adds to its power as a deterrent from vicious practices, and is indispen- sable to the task of breaking up idle and dissolute habits of life.” The master of this work-house says: “The object of con- tinuing them” (the convicts) “here is not only to protect the community against their criminal inclinations, but to restore them , if possible , to respectability. * * * Con- stant employment is given to all that are able to labor, which is the lever by which we expect to raise them from the slough into which their former idle and vicious habits have cast them ; hence the necessity of the course pursued by the committing magistrate in awarding to some of them longer sentences than is practiced in the criminal courts of the commonwealth.” There would be no injustice to this class of paupers by thus treating them, for if properly managed in work-houses, they would all have an opportunity for reformation, and in many cases their bad habits would be cured, and their evil propen- sities controlled, if they were “ sent up ” on sufficiently long sentences. Indeed, the work-house should be a reformatory ; and hard labor , with education, moral and mental, should be the great means of reformation. At the same time this system would be better than the presept one, on economical grounds, for now r they are generally kept in idleness, and they are grow- ing constantly more depraved, and this does not lessen, but increases the numbers who are living upon the tithed industry of the country ; whereas, by the adoption of this system, they would be compelled to earn a portion of their maintenance, perhaps the whole, and their numbers would be constantly diminishing through the reformatory influences of the work- house,. and the deterring effect upon all that class of idle and vicious persons. The amount earned by pauper labor in the poor-houses 11 82 KEPOKT ON PENAL AND and on county farms, is very small. IS'o thorough or system- atic effort is made in that direction. The keepers are not- always the most efficient men ; and from the uncertainty of the time they may hold their positions, they are too often inclined to get along without much effort at improvement in the discipline or management of the institution. The amount of salary paid, — which is generally from $400 to $700 a year for a man and his wife, — pre-supposes no very efficient executive ability or superior talent. If all the class of paupers now under consideration (which would comprise the largest number in our alms-houses who are able to labor), were congregated in institutions containing from three to five hundred each, it could then be afforded to place over them efficient and competent officers, who would make their labor available and profitable. In every view of the case, it would seem much better that this class should be under separate control, and subjected to rigid treatment. They should not associate with other paupers, on account of their vile conduct and evil influences. They should be made to labor and earn their own living, they should be under reformatory influences, and all persons should be made to know that if they too squander their means through idleness, drunkenness, or vicious courses, and become reduced to pauperism thereb^q they will have to pay the penalty by hard labor and deprivation of their liberty. We have sot forth good reasons, we think, which could bo supported by eminent authority, why a large number of the inmates of the county poor-house should be under different control and management. The difficulties in the way of successful management under the present system have been pointed out, all arising from want of proper classification and judicious treatment of the different classes. The small number in each of the county poor-houses makes it impracticable that such classification should be made, and induces the employment of incompetent officers on small x REFORMATORY INSTITUTIONS, 83 salaries. We have aimed to show that the insane, the idiots, the children, and the disolute paupers can only be treated scientifically, humanely, and economically, by congregating much larger numbers of each class together than can be found even in our largest counties, and that this can only be done, and any attempt at classification be made, by the State assum- ing their control and treating them in State or district institutions. If the State shall assume the care of these four classes, then there will remain in the care of the counties, The Aged , the Infirm , and the Diseased. This class requires kind and humane treatment, under the direction of a competent medical officer. The medical care and treatment of diseased paupers, as we have before stated, is, generally, notoriously bad, and we fear that it always will be under the present system. If the State would assume the control of this class, and place them in two or three district hospitals, or more when the numbers become sufficiently large, they could be kindly and humanely cared for, and have thorough and scientific treatment, with as little or less expense than that which attends their present management. In this way homes could be given to the aged and infirm in distinct wards of the hospital. The epileptics could be placed in a separate ward or hospital, and other diseased persons could bo classified, and their wants judiciously attended to, as well as humanely and economically. Whenever such hospital could be located near some medical college, satisfactory arrangements, no doubt, could be made with such institution for the medical care and treatment of the inmates. Let the State take this whole subject of congregating pauperism under its own control, and establish State or district institutions for the care and treatment of the different classes of paupers, and we are fully satisfied that, with a 84 REPORT ON PENAL AND system judiciously arranged, pauperism would be reduced, the different classes would be more humanely and properly treated, and the whole matter would be more wisely and economically administered. Let this be done, and then the insane would be scientifically treated, the idiots would be educated aud taught to labor, the children would be brought up in wisdom and virtue, the idlers, vagrants, beggars, drunkards, prostitutes, and the whole class of dissolute paupers would be taught by a terrible Necessity, that industry and orderly conduct are better for them and for society, and the aged and infirm, and unfor- tunate but worthy poor, would find a home undisturbed by the raving of the maniac, the drivelings of the idiot, or the lewd, blasphemous talk of the drunkard and prostitute. The amount now invested or to be invested in the different county farms and county poor-houses would probably be suffi- cient to establish the different State or District institutions. The aggregate amount paid to physicians and keepers would, if applied to the less number of officers required under such proposed system, go largely toward paying the salaries of edu- cated and competent men, who should be placed at the head of these institutions, as well as the salaries of subordinates. It would seem very clear that from three hundred to five hun- dred of any class so managed as to make their labor profitable, and having their supplies of food and clothing judiciously pur- chased in large quantities, could be more economically kept than when the number is small. One thing is certain in regard to all public institutions, namely: that very small ones are usu- ally badly managed, and are not economical, and the same may be said of very large ones. From three hundred to five hundred is the number that, in the opinion of the members of this Commission, would be most likely to be wisely managed and economically administered; and that number should be of one class or kind, as near as practicable. An objection may be raised against the State or District system for the care of paupers, that it would be expensive and REFORMATORY INSTITUTIONS. 85 inconvenient to transfer them from different parts ; but we should remember that our State is now extensively traversed by railroads, and will soon be more so, and that the present system was established when it was more expensive and trouble- some to travel across a county, than it now is to travel half across the State. Then, too, as the State increases in popula- tion, and more of these institution shall be required and erected in different localities, there will be no serious difficulty from the want of proximity of any part of the State to such an institution. We deem it very important, and believe it is strongly urged by all who have made the subject of pauperism a study, and by all practical men who have had large experience in the care and management of paupers, that only 'permanent paupers, or such as will be likely to be a public charge for a long time, should be placed in institutions. Our own laws recognize this principle, in saying that the superintendent of the poor shall commit to the poor-house permanent paupers, but there is a great diversity in the admin- istration of this statute. Some superintendents of the poor try to get all they can into the poor-house, while others, more wisely we think, try i o keep out all they can, and, if possible, relieve the wants of the needy at their own homes. We consider the question, who should be put in, and who kept out of the alms-houses, a very important one. Its cor- rect understanding lies at the foundation of a successful administration and management of pauperism. We say, emphatically, keep as many out of our penal, reformatory, and charitable institutions as it is possible in conformity with the ends of justice and humanity. These institutions are the excretion of a diseased body politic, and abnormal humanity. They exist only as a necessity, arising from the evils of our social organism and the moral depravity of iddividuals. If we can correct the errors of our laws, the evils of society, and the depravity of man, we shall have no need of them. 86 REPORT ON PENAL AND Man exists in his most natural and normal condition in the family, hence, when it is possible, we should keep him there. In all the administration of public affairs, the family relation should be kept intact, when consistent with the ends of justice and humanity ; and both justice and humanity should be far- reaching in their application to society, and to the persons who oome under the power and control of the government. Temporary benefits to the State should be lost sight of, and only that course should be pursued that will accomplish the greatest permanent good to society. “All institutional life is unnatural,” and hence its tendency is not in the highest degree purifying and elevating to the individual. If the poor can be relieved at home, or in families, without a great burden to the State, it should always be done, for whatever elevates individ- uals is better for the mass. The best system for accomplishing a successful application of out-door relief in our State can best be determined by the wisdom of the Legislature. If the State shall assume the con- control of all the alms-houses, the present system of county superintendents of - the poor, or something equal to it, must still be continued, as each county will probably be required to bear its burden of the support of its own paupers, whether under county or State control, and these officers will be just as necessary under the one system as the other. If temporary or out-door relief be increased, and made more general in its application, perhaps these officers would be as competent to accomplish that result as any others. Any system that favors out-door relief should be encour- aged, and the fact that the system of State or District institu- tions would have a tendency in that direction, is a very strong circumstance in its favor. The first admission to an alms-house generally destroys self- respect and ambition. Once there, the inmate soon learns to be a pauper. It is a notorious fact, that very many paupers leave the alms-houses in the spring and roam about the coun- REFORMATORY INSTITUTIONS. 87 try during the warm "weather, getting their living in various ways, to return, when frosts and cold weather make them uncomfortable, to their home — the poor-house. Others return to their accustomed employments when discharged from the alms-house, but having learned no wisdom from their life of dependence, but having lost their pride and ambition and become depraved bv evil associations, they spend their earnings foolishly, knowing that when their means are gone they can return to their home — the poor-house. A small weekly allowance made to many of those needing aid, with a little encouragement kindly given, would carry them over the difficult place, and be much better for them than consignment to the poor-house, and more economical in the end to the State. Especially is this true of the sick. Gen. Isaac Bell, who is an active and efficient member of the Board of Commissioners of Public Charities and Correction of the city of New York, says: “By all means possible keep your paupers out of the alms-houses. I would rather give ten dollars to a needy person out of, than to give one dollar to a pauper in the alms-house .” This principle governs, we understand, the administration of the pauper system in that city, and no better success that we know of is obtained anywhere. We may take the institutions of this class in the city of New York, with the population nearly equal to that of Michigan, as an example of what can be done by judicious classification and the treatment of large numbers of each class in separate institutions, and by a well-managed system of out-door relief. On the islands in East River they have their asylums for the blind, the insane, the idiots and inebriates, separate hospitals for small-pox, fever, paralysis, epilepsy, incurables, and for infants, work-house and penitentiary, etc. All these institu- tions are kept in the most scrupulously neat and orderly manner. All that, science, skill, and care can do for the diseased is there done, while justice is meted out in the work- 88 REPORT OK PENAL AND house to idlers, vagrants, drunkards, and all that class of offenders. They have also there a House of Refuge for juvenile delinquents, which is a model of excellence in all respects. Their system of out-door relief is efficient and comprehensive. In this department during the last year 17,050 patients have been treated, and 70,653 prescriptions administered, and fuel, food, and other necessaries have also been furnished them. And this in the corrupt city ! It would be just as easy for a State to treat its paupers under this system of classification as it is for a city, if it were not for the difficulty of transportation. Steam has nearly annihilated distance, and, as heretofore stated, the country is fast becoming a net-work of railroads, so that the cost and trouble of collecting the different classes together would be overbalanced by the great advantages obtained. We look forward with hope to the time when this great work shall be accomplished. For the present we consider our groat need to be one State asylum for our pauper insane, where they shall be humanely cared for and scientifically treated; one institu- tion for the training and education of idiots, where learning to work shall form an important part of such education ; one school for the education of pauper, truant, and vagrant children, where learning to be useful, and not paupers and criminals, will be the certain result. When these are estab- lished we hope there will soon follow two or three district work-houses, where the idlers, vagrants, drunkards, prostitutes, licentious persons, etc., who become paupers through such courses, may be sentenced for long terms, until they can pay the State for their care and maintenance, and where they can be subjected to reformatory influences, and two or three district hospitals where the aged and infirm, and unfortunate but worthy poor can receive that kindness, care, and medical treatment that the present system cannot give, and to which all such persons are fairly entitled under good and humane REFORMATORY INSTITUTIONS. 89 government. These institutions should be under State con- trol, with a well organized system of out-door relief in every ward and township, and the whole system of charitable, reformatory, and penal administration should be under the supervision and control of a board of officers. CENTRAL SUPERVISION. Whether the present prison and pauper system be continued, or whether they be changed in accordance with the foregoing recommendations, or otherwise, we deem it a matter of the utmost importance that the administration of these systems be more perfectly supervised than they now are. The local supervision of both alms-houses and prisons has utterly failed to secure a good administration of these institutions, or to protect them from great abuses, or to expose such abuses where they exist. The character of the class of persons usu- ally found in such institutions subjects them both to neglect and abuse. They are for the most part unworthy and uninter- esting, and are deemed to have very slender claims upon our sympathy or support beyond that of protecting them from starvation and great cruelty. While most of us get readily interested in individual cases of suffering from poverty, and even of suffering resulting from crime, ive very naturally shrink with disgust and dislike both from paupers and crimi- mals as classes, and sometimes we forget that they are our brethren, and are to be pitied and cared for, to be punished only when necessary, and to be saved if possible ; and those who have the care of these classes are not usually chosen with reference to their peculiar fitness for the position, but with reference to economical or political considerations, and they very naturally become somewhat indifferent to the welfare of those under their charge, and are apt to perform their duties toward them in a perfunctory manner. There is great need of a careful, constant, and intelligent supervision by some persons or board possessed of sufficient 12 90 REPORT OK PEKAL AKD authority to make that supervision effectual for good; a super- vision that shall extend to all institutions of the same class in the State, so that the entire system shall be a uniform and harmonious whole. We have come to this clear and strong conviction, not merely as the result of our own examination, observation, and reflection, but after carefully ascertaining, by personal inter- course, by correspondence, and by extensive reading, the views of the leading men of the country, both practical and theoret- ical, who have made this subject one of study and experience. This central supervision, especially of prisons, has received the fullest consideration from the highest authority, and we take the liberty of quoting fully some of the views which have been expressed upon it. No higher authority can be quoted than the Prison Associa- tion of New York. It classes among its active officers some of the very ablest and best men of the State, and its Corre- sponding Secretary, Rev. Dr. Wines, has gained a world-wide reputation by his intelligent and successful labors in the cause of prison discipline. In their Twenty-fourth Annual Report, in reference to the prison system it is said: “In any compre- hensive re-organization of this service in our State, we consider a central authority, having at least general powers of super- vision, absolutely essential. At present, the fundamental prin- ciple of all government, a responsible but supreme authority, is wanting in relation to our prisons; hundreds of persons, if we include county boards of supervisors, having a direct power in their administration. The single fact affords an ample explanation of the slow progress which has been made in general improvement. The select committee of 1850, on prison disci- pline, in the British Parliament, took no wiser action than that of adopting a resolution with a view to securing uniform- ity in prison construction and management, to the effect that it is desirable that the Legislature should intrust increased power to some central authority.” Without some such author- REFORMATORY INSTITUTIONS. 91 ity, ready at all times for deliberation and action, there can be no consistent and homogeneous system of administration, no well-directed experiments, no careful deductions, no establish- ment of broad principles of prison discipline, nor any skillfully devised plan for carrying such principles into effect. But if the construction arid management of all our prisons were en- trusted to a central board or bureau, improvements of every kind could readily be introduced, and that, too, in the safest manner, by first trying the plan proposed on a small scale and under the best circumstances for insuring trustworthy results, and then, if successful, gradually, under the guidance of expe- rience, extending the sphere of its operations. It is material to remark, though the observation would naturally occur to 'reflecting minds, that a supreme authority, like that here pro- posed, is quite compatible with local boards acting under its direction. But with or without local boards, a general board properly constituted and empowered could find little difficulty in man- aging efficiently and superintending the whole system. We ardently hope to see all the departments of our preventive,, reformatory and punitive institutions moulded into one har- monious and effective system, its parts mutually answering to, and sustaining each other ; the whole animated by the same spirit, aiming at the same objects, and subject to the same con- trol, yet without the less of the advantages of voluntary aid and effort when they are attainable. The excellent results of such a system are attested by expe- rience. A central board of prison managers was created in Canada some eight cr ten years ago, and the good effects are seen in every department of the administration. Prison archi- tecture and prison discipline have gained immensely criminal statistics of the highest value are annually collected and pub- lished to the world, and the cost of the county prisons has been reduced to an extent which would hardly be credited. To give a single instance of this reduction, the annual cost of rations for each prisoner in the common jails has been brought 92 REPORT OK PEKAL AND down from $89 25 to $32 85, a saving iu this item of nearly two-thirds. The experience in France is equally decisive. In 1856, the state took charge of all the prisons of the country. The result has been the correction of the grossest abuses in every department of the administration, the introduction of excel- lent and cheap supplies into the prisons, reduction of expenses by at least one-third, and an almost incredible augmentation of the product of prison labor. The annual product of such labor increased in eight years (so says the Philade’phia Journal of Prison Discipline and Philanthropy) in all the Departments, wiih the exception of that of Paris, from 14,446 francs to 900,000 francs, an increase of more than 6,000 per cent. In the twenty-fifth report they re-affirm the same views, and say: “As the principle that crowns all, and is essential to all, it is now commonly felt and acknowledged, that no prison system for a State or country can be perfect, can even be suc- cessful to the broadest and most desirable extent, without some central authority that sits at the helm, guiding, controlling, harmonizing, unifying, vitalizing the whole.” The Board of State Charities for Massachusetts for 1868 say : “ The most important matter connected with our prisons is to have the whole of them, from lock-up to State Prison, brought under the inspection and supervision of a Central Board, with one Inspector General. By discontinuing the salaries of local inspectors, enough would be saved to pay the salary of a competent officer, who should give his whole time to the work.” They renew the recommendation the following year, and say : “ The experience of another year shows still more strongly the necessity of inspection and supervision, and of an efficient Inspector General, and the Board renews its recommendation of last year, that such an office be established.” Some progress has already been made in carrying these views into effect through boards formed in different States, although REFORMATORY INSTITUTIONS. 93 Legislatures have been slow in clothing these boards with the requisite power to enable them to accomplish all the good that might be accomplished. In Massachusetts a Board of State Charities was established in 1863, under an act of the Legislature of that year. II consists of five persons appointed by the Governor and Council, who receive no compensation except for expenses, and a secretary and agent, who both receive salaries. One of the five members of the board is appointed each year. The duties of the board are “ to investigate and supervise the whole system of the public charitable and correctional institutions of the commonwealth,” and to recommend such improvements as they deem necessary. They can remove paupers and lunatics from one institution to another. The agent is to transact the “ out-door business” of the board, and to perform various duties with reference to paupers, lunatics, emigrants, etc. The secretary, besides keeping the records, is* to collect sta- tistics and to “ prepare a series of interrogatories to the several institutions of charity, reform, and correction, supported wholly or in part by the Commonwealth, or the several coun- ties thereof, with a view to illustrate, in his annual report, the causes and best treatment of pauperism, crime, disease, and insanity. He shall also arrange and publish in his report all desirable information concerning the industrial and material interests of the Commonwealth bearing upon these subjects.” The board have rooms in the State House, hold meetings at least monthly, and are to make annual reports to the Legisla- ture. The salaries of the agent and secretary were at first fixed at two thousand dollars each, but have been increased to three thousand dollars, and these offices have been filled by men of marked ability. The reports of the board are of exceeding value, as illustrating the causes and best treatmont of pauperism, crime, disease, and insanity, “and the exposure and reform of existing abuses and defects in the management of charitable and correctional institutions.” 04 HEPOUT OX PEXAL AXD Ohio in 1867 established a Board of State Charities, consist- ing of five persons appointed by the Governor, and who receive no compensation other than actual traveling expenses. Their powers are very similar to those of the Massachusetts board, except that until the present year they have had no salaried officers to aid them. This want, of course, greatly crippled their power for good, but this defect has now been remedied, and the reports already made have thrown great light upon the condition of charitable and penal institutions in that State, and their labors have been most beneficial. The constitution of New York formed in 1867, but which w r as not adopted, contained a clause which provided for a Board of Managers of Prisons to be appointed by the Gov- ernor, with the consent of the Senate, to hold office for ten years, one to go out every two years. They were to have the charge of State Prisons, and to perform such duties in respect to other prisons as should be provided by law. They were to have no compensation other than expenses, and were to appoint a secretary whose salary was to be fixed by laiv ; and also to appoint the warden, clerk, physician, and chaplain of each State Prison, and to remove the same for cause only, and after an opportunity to be heard. The warden was to appoint and remove at pleasure all other officers. Such a system can be established in New York only by an amendment to the con- stitution. The Prison Association, in urging the last Legisla- ture to submit such an amendment to the people, give as a reason, that “ the article incorporated into the rejected consti- tution was prepared by an experienced committee after long and earnest deliberation ; that it 'was unanimously approved by the executive committee when submitted to them ; that it was not made a party question by the convention that adopted it, but received the hearty support of both parties ; that it has the sanction of the present Chief Magistrate, who took an active part in framing it; that it was approved and recom- mended by the Board of State Prison Inspectors in their last REFORMATORY INSTITUTIONS. 05 annual report; that it has the prestige of the votes of a pre- ponderating majority of one of the most enlightened bodies ever assembled in this State; that it promises the best results for prison discipline in case it should become a part of the fundamental law” The State of Rhode Island, in 1867, provided for the organ- ization of the Board of State Charities and Corrections, con- sisting of six persons appointed by the Governor, with the advice and consent of the Senate, and of a secretary appointed by the board. The secretary alone receives a compensation. They are to appoint a Superintendent of State Charities and Corrections. The Board “have the entire charge and control of said work-houses, asylums for the incurable insane, house of correction, and alms-houses, and may appoint such assist- ants in the management thereof as they may deem necessary, and shall fix their compensation; also the compensation of the secretary and superintendent, and may make all rules and regulations for the government of all of said institutions, including ail contracts for the labor of said institutions.” They have also other powers, and are required to make a report annually. The State of Illinois, in the Siirne year, provided for a “Board of State Commissioners of Public Charities,” con- sisting of five persons appointed by the Governor, one going out each year. They are to visit all charitable or correctional institutions, “excepting prisons receiving aid from the State, to examine institutions, the conduct of trustees, the condition of buildings, and to ascertain: 1st. Whether moneys have been economically and judiciously expended. 2d. Whether the objects designed are accomplished. 3d. Whether the laws have been complied with. 4th. Whether all parts of the State are equally benefited, and to report in writing to the Gov- ernor, and to make recommendations.” They are also to inves- tigate abuses when directed by the Governor, and to examine poor-houses at least once in each year. They are to appoint 96 REPORT OK PEKAL AND a clerk, who is to act as an accountant, but the members of the Board receive no compensation. The Board have appointed as secretary, Rev. F. 0. Wines, a gentleman pre-emi- nently qualified for the position, and who is already making his influence felt for good. He is paid, we understand, a salary of three thousand dollars per annum. A bill was introduced into the last Legislature of Indiana providing for a “Board of Managers of Prisons,” which we are assured was received with great favor, and would, doubtless, have become a law, except for the fact that the session came to a sudden and unexpected termination by the withdrawal of a portion of the members. The bill was evidently drawn with great and intelligent care, and as it possesses some peculiar features that may be suggestive, we give an abstract of some of its provisions: The Board was to consist of five persons appointed by the Governor, with the advice and consent of the Senate, one to go out every two years, subject to removal by the Governor for malfeasance or misfeasance in office. They were to receive two hundred dollars a year for traveling expenses, and no other compensation. They were to have the charge and superintend- ence of all State Prisons, appoint and fix the salaries of the warden, clerk, physician, and chaplain, and have the power of removal, — other officers being appointed by the warden, but to be satisfactory to the Board. They were to appoint a superintendent of prisons, who was to be their secretary and executive officer, and, with the con- sent of the Governor, fix his salary. They were to conduct all prisons on the principles of reformation and not of vindictive justice, and prescribe such methods of discipline and govern- ment as will, as far as possible, reform the characters and pre- serve the health of the inmates, and secure them fixed habits of industry, morality, and religion. There were to be no officers who did not sustain a good moral character and abstain from the use of intoxicating liquors and profane language. REFORMATORY INSTITUTIONS. 97 Governor Haight, of California, in his annual message* warmly recommends the appointment of a Board of Commis- sioners to have the supervision of the State Prison, and to appoint the warden, the Board to consist of five in number, one to go out every two years. There are, doubtless, other States that have some like system of central supervision, but we are not familiar with them. It is very apparent that the tendency, both of opinion and legislation, is in the direction of some such central author- ity. Of its need in this State we entertain no doubt, and we therefore recommend that a “ Board of State Charities and Corrections” be formed, to consist of five persons to be appointed by the Governor, with the advice and consent of the Senate, to hold office for the term of ten years, but so arranged that the term of one of said board shall expire every two years, and that they be authorized to appoint a secretary, who shall be the executive officer of the Board. We recommend farther, that this Board have the charge and supervision of all the prisons and correctional institutions, alms-houses, and work-houses under the control of the State, and that it be made their duty to exam- ine the condition of all jails, prisons, correctional institutions, almshouses, and work-houses in the State, and report thereon, and that they be further charged with the duty of collecting facts and statistics, as well as the opinions of men eminent for their acquaintance "with social science, w r ith a view to illustrate in their annual report the causes and the best treatment of crime, pauperism, disease, imbecility, and insanity. We recommend that they receive no compensation other than their actual expenses incurred in the discharge of the duties of their office, but that they be authorized, with the consent of the Governor, to fix the salary of their secretary, so that they may secure the services of some one especially Competent to fill the duties of the office. This officer -would be the executive officer of the board in the general supervision of the institutions under their charge, and upon him would devolve the duty of collecting 13 08 REPORT ON PENAL AND facts and preparing statistics on the subjects of pauperism and crime in our own State and elsewhere, so far as they would throw any light upon the subject of what legislation or action is required here. He would need to he familiar, and to keep himself constantly familiar, with the improvements and experi- ments, whether legislative or practical, going on in other States and countries in the treatment of pauperism and crime and the actual workings thereof, so that we can gain wisdom from the experience of others, rather than from rash and expensive experiments of our own. It is obvious to all thoughtful men, that it is not easy to find a man just adapted to such a position, and that any man who could fill it would command a liberal remuneration for his time in other departments of business, and the power of the Board to accomplish their own work well would measur- ably depend upon their being at liberty to employ and retain for their only officer, a man fully qualified for the place, in whose capacity and executive ability they could implicitly confide. APPOINTMENT OF OFFICERS. Should any such system as we have recommended be adopted by the Legislature, or any material modifications of our present system he made, a question of very great impor- tance will have to he determined, viz., where shall be placed the power of appointing the superintendents, wardens, or other chief officers of these institutions for the treatment of pauperism and crime ? The success of any system of treating these great subjects must depend very largely on the ability, skill, and fidelity with which it is carried out. A good system will fail in incompetent hands, ancl a poor system will measurably succeed in thor- oughly competent ones. The peculiar qualities required to fill the position of chief officer of such institutions are far more rare than those required to fill many higher and more responsible ones, aud this arises from the combination of vari- ous qualities essential to success in such a position. REFORMATORY INSTITUTIONS. 99 Sucli an officer should be familliar with the various methods, good, bad, and indifferent, of managing such institutions, and of the actual workings of the various methods and their prac- tical results, and have the sound judgment to select the best, and if possible, to improve upon them. He should be an accurate, skillful, energetic business man, with a large execu- tive capacity, that will enable him to carry out his own plans successfully through the agency of others. He should unite firmness of purpose with kindness of heart, and possess the rare power of knowing how to deal wisely with the perverted moral and intellectual forces, and lastly, he should heartily love the work which he undertakes, and devote himself in the spirit of the great Master to the highest welfare of those under his charge, and be astute, ingenious, and assiduous in devising modes to educate and save them. Whoever has the appointing power should be so interested in the workings of these institutions, so familliar with their wants, as to know just what qualities are demanded in a chief officer, and should be left at liberty, uncontrolled and uninflu- enced by party, political, or personal considerations, to select the right man wherever he may be found, and to retain him as long as the interest he had in charge demanded it. It is the uniform testimony of all men connected with, or interested in the management of prisons in other States, that one of the greatest evils connected with such management is the influence of party politics. In the State of New York the Inspectors of State Prisons are elected by the people, and are consequently politicians ; and the wardens of the State Pris- ons are appointed and dismissed upon the same principle that other offices in the gift of the prevailing party for the time being are filled and vacated. It is difficult to exagerate the evils that have resulted from this course. These evils have been set forth very fully and powerfully in reports of the Prison Association, and good men of all parties are recommending a change. In many other States, the evils if not equally great are still very manifest. 100 REPORT ON' PENAL AND Wisconsin recently lost a most capable and valuable officer because he could not refute the only charge brought against him, that he had held the office six years, and he was forced to give way to a new man in obedience to the doctrine of “ rotation in office.” In this State the evils resulting from this cause have not as yet bean seriously felt. The paltry salary paid to the Agent of our State Prison has not produced a very lively competition for the place. But that such evils will creep in, as our system enlarges to meet the growing necessities of our State, there can be no doubt. No Governor, whatever might be his personal views, would feel himself at liberty to appoint a person of opposing politics to such an office, or even to retain one therein. The doctrine that “ to the victors belong the spoils,” is practically adopted by all the political parties, and no one filling a political office having an appointing power feels at liberty to disregard it. He is, in that respect, the representa- tive of the party electing him, and must carry out their wishes. Not only must the appointee be of the same political faith, but, in general, appointments must be made in consideration either of past or future services to the party in power. This would, as a rule, exclude the appointing power, not only from going outside of the dominant political party, and of the State, but from going outside of active politicians to select a man. This may be very well so far as officers wielding a political powder are concerned, but the same rule ought not to be applied to such offices as those which we are considering. They are not offices of political trust or power, but they are offices requiring peculiar and rare qualities to fill them successfully. Important pecuniary, sanitary, moral, and social results depend upon the manner in which they are administered, and whoever has the appointing power should have all parties and all States from which to make the selection. Many of the most suc- cessful prison officers have been invited to come from other States to those desiring their services. Gen. Pillsburv, whose reputation is national, was drawn to New York from Connec- REFORMATORY INSTITUTIONS. 101 ticut, Mr. Brockway, of the Detroit House of Correction, was drawn from New' York, Mr. Cordier w r as drawn from Wiscon- sin to the charge of the Western Penitentiary of Pennsylvania, at Pittsburg. These are but a few of many instances where one State lias, to its great advantage, availed itself of the experience and ability found in another. The Central Board already spoken of will doubtless be selected without reference to party politics. The place is one of duties only, and not of honor or profit, and there is no obligation to fill such places with political friends merely. This Board w'ould have charge of the institutions referred to, would know their distinctive "wants, and have an especial interest in the appointment of men as chief officers wffio are adapted to the position. They would be in a position to act with entire independence in the selection of such officers, and so to exercise their best judgment. We therefore respectfully yet earnestly recommend that the power of appointing the chief officers of the several State institutions for the treatment of paupers and criminals, be placed in such Board ; such power of appointment to extend to the superintendent or warden, the clerk, the physician, and the chaplain where there is one. The subordinate officers w r e think, should be appointed by the chief officer of each institution and be under his control. For much the same reasons, we recommend that the Board, together with the Governor, fix the salaries of such officers. With most of these institutions, whether they are to be sup- ported at a great expense to the State or at a slight expense, or whether some of them shall be self-supporting, will depend very largely upon the business skill with which they are con- ducted. Business skill, equal to conducting institutions of such magnitude economically and successfully, is in demand and has a high market value, and as a rule cannot be obtained for a small salary; and true economy unquestionably demands that a skill and capacity equal to the duties be employed, 102 REPORT OX PENAL AND rather than inferior skill and capacity although at a much cheaper rate. Had the Detroit House of Correction been con- ducted by any man who could have been obtained at a small salary, its surplus earnings would not, we apprehend, as now, exceed an average of over $13,500 per annum. We think the Board should be at liberty to do just as men doing a large business of their own would do, — go into open market and select the best men that they can find for the several places, at such salaries as they find themselves com- pelled to pay, in order to obtain thoroughly competent men. We are aware that there is a natural reluctance to pay sub- ordinate officers salaries larger than those received by our highest State officers and our Judges ; and it will be said that these salaries secure competent men for Superintendents of State Prisons, etc. We apprehend, however, that there is no analogy to be drawn between the different offices. Our State and judicial offices are places of high honor, and political and judicial trust and power. They indicate, if they do not demonstrate, that the incumbents hold a high place in the confidence and affec- tions of the people, and they are often the stepping-stones to still higher honors. History has shown, that in all ages offices of this character have been sought after by able and ambitious men without respect to the salary. And in this State these offices are sought or accepted not for the small salaries attached to them, but despite the smallness of the salaries. Indeed, the salaries paid our State officers are less than those received by thousands of clerks, book-keepers, salesmen, and agents of all sorts, through the State; while the income of many a fifth -rate lawyer far exceeds the salaries of our Judges. The offices in question are not offices of honor, or political trust or power. The duties belonging to them are most labor- ious, and are anything but inviting in their character. Their performance, as we have seeu, requires rare and peculiar capacity. The capacity that would enable one to perform these REFORMATORY INSTITUTIONS. 103 duties, could not fail to command liberal compensation in other and more inviting departments of labor, and as a rule, liberal compensation alone can secure it for the benefit of the State. The Board could safely be trusted to pay no larger salaries than the interests of the State demand. Another reason why this power of appointment should rest with the Board is, that it would give some assurance that the appointments would be permanent in their character, unless a cause for removal exists. Where an appointment is for a short term, and a re-appointment, however unexceptionable the con- duct of the officer, is uncertain, and depends upon whether there is, or is not, a change in the administration of the State government, personal or political, or upon the doctrine of “ rotation in office,” it will be difficult, if not impossible, to secure the services of thoroughly competent men for such positions. Such men can do better than to take a place, the permanency of which is dependent upon such contingencies. Then, too, all experience demonstrates, that the proper administration of such institutions depends very largely upon the stability of the management. Every change in the management intro- duces, to some extent, new theories, new plans and practices, and often rash experiments ; while frequent changes destroy all system, and bring confusion, if not utter chaos. The most successful institutions are marked by the stability of their management. Mr. Jones, of the New York House of Kefuge (the most successful of all institutions of that class), has been there nearly twenty years. Gen. Pillsbury, of the xllbany Penitentiary, has been at its head from its opening — a quarter of a century since. Mr. Haynes, of Massachusetts State Prison, has been at its head, as warden, for nearly thir- teen years, while fifteen of the subordinate officers have been there, upon an average, nearly sixteen years. In New York, evils of a most serious character have sprung up in the State Prisons from the frequent changes of wardens and other officers. 104 REPORT OK PEKAL AND CONCLUSION. W e are conscious that the recommendations made by us in the foregoing report involve some radical changes in the admin- istration of ©ur system for the care and custody of our paupers and criminals. We have, however, endeavored to avoid recom- mendations which involve rash and untried experiments, and to confine ourselves to those which experience has shown to be practicable, and which are demanded by the highest interests of society and the State. If they are adopted they will doubt- less involve a very considerable present expense, but we are firmly convinced that the expenditure will be in the interests of the strictest economy. Every wise, effective measure for the prevention and the cure of pauperism and crime will save far more than its cost. Nor is it expected that these changes if approved can be all made at once. This must be the work of time, but the sooner a broad, wise system is adopted the better for every interest concerned. It seems to us that the first step in the direction of reform is the establishment of a Central Board, which shall have the supervision of all State institu- tions of a penal character, or for the relief of paupers, and ample power to inspect all alms-houses, jails, and correctional institutions, whether supported and controlled by town, city, or county. It should be their duty to report to the Legislature the condition of all such institutions, and also to examine and report upon the best mode of preventing and dealing with pauperism and crime. Such a Board properly constituted, with an efficient secretary or executive ^officer, after giving the subject a careful study, would be enabled intelligently to recom- mend just what further steps are necessary to be taken, and when and how far the other recommendations of this Commis- sion should be adopted ; and could most efficiently aid in carry- ing into effect any measures which the Legislature should authorize. The next most urgent need is an immediate provision for REFORMATORY INSTITUTIONS. 105 the insane and idiotic poor and the children of poverty and want found in the alms-house or elsewhere,, and the removal of all these classes from the county alms-houses. The classification of the other paupers and the establish- ment of hospitals for one class and work-houses for another is not as urgent, but its early accomplishment is demanded by the gravest considerations. And especially is this the case as to many classes of the sick poor, who require competent nursing and good medical or surgical treatment. These classes, we suggest, could best be provided for in a hospital established near the Medical Department of the State University. Nowhere else could they receive skillful treatment so economi- cally, while the establishment of a hospital at that point •would greatly increase the facilities for medical and surgical education. As the State Prison needs thorough repairs and improve- ments which require a large expenditure, it seems most desir- able that, before this is done, the Legislature should adopt a permanent prison system for the State, so that these expendi- tures shall be made with reference to such system, and the position which the present State Prison shall hold therein. In the meantime all persons convicted of such offenses as authorize their confinement in county jails, could be sent to the Detroit House of Correction, and the jails only be used as places of detention, and their very name abolished. The system of indeterminate confinement until the prisoner had earned his conditional or absolute discharge by furnishing evidence of his fitness to again go into society, could also be tried under the most favorable circumstances in the Detroit House of Correction. These recommendations are made in the discharge of a duty imposed upon us by the act of the Legislature, under which we have received our appointment from your Excellency, and as the result of a laborious examination, careful study, and full consideration ; and as such w'e respectfully submit them and 14 106 PENAL AND REFORMATORY INSTITUTIONS. the report generally, to your Excellency, and through you to the Legislature. We desire to express our obligations to you personally for the deep interest which you have taken in our duties, and the efficient aid which you have rendered us in the perfor- mance of those duties. S. S. CUTTER, C. I. WALKER, F. H. RANK IK, Commissioners. APPENDIX. APPENDIX SCHEDULE A. Statement showing the condition of poor-house buildings , and values of county farms , in the severed counties of the State. Alcona — No report. Allegan — Wood building, in very fair condition ; men lodge in an old dilapidated building outside, with an addition made of boards, like a barn, for the insane: farm, 160 acres; value, $10,000. Alpena — No poor-house. Antrim — No poor-house. Barry — House in good condition, barn old ; farm, 120 acres : value, about $6,000. Bay — House built of wood and needs repairs; farm, 120 acres; value, $5,000. Benzie — No poor-house. Berrien — New brick house, two stories and basement, with 28 rooms and a separate department for the insane ; also com- modious barns and out-liouses ; cost 15,000, which, with the farm of 160 acres, is valued at $25,000. Branch — Two story brick building with attic and cellar : large and roomy, in good condition, well managed; also two large barns and one horse-barn ; farm, 140 acres ; value, $17,000. Calhoun — Large wooden building, part of it 17 years old, remainder only 10 years; good barn, farm, 145 acres, value $14,500. Insane persons in a wretched condition, for want of proper places of custody, and experience in the care of them. 110 REPORT OK PEKAL AKD Cass — Brick house, with frame addition ; rooms small ; a new addition of brick is being built ; kept in good order — neat and cleanly ; farm, 280 acres ; value, $25,000. Charlevoix — No poor-house. Cheboygan — No poor-house. Chippeiva — No report. Clinton — Frame building, two stories, and also a small build- ing, separate, in good condition ; also, a log house ; farm, 77 acres; value, $6,000. Delta — No report. Eaton — Brick house, in which are cells for insane persons ; also a frame building; farm, 160 acres; value, $6,000. Emmet — No poor-house. Genesee — Large brick building, two and one-half stories, in good preservation, but needing some repairs ; farm, 112-j acres ; value, $8,000. Grand Traverse — No poor-house. Gratiot — Small house, in goi)d, comfortable condition ; farm, 80 acres; value, $3,500. Hillsdale — Two frame buildings, one of them large, the other small ; both are neat and comfortable ; the farm and grounds are homelike and pleasant ; farm, 200 acres ; value, $12,000. Houghton — No report. Huron — No poor-house. Ingham — Building good ; nearly new ; farm 200 acres ; value, $8,000. Ionia — Poor log house, good frame barn ; farm, 120 acres ; value, $6,000. Iosco — No poor-house. Isabella — Log house with frame addition ; good barn ; farm, 160 acres; value, $4,000. Jackson — Large old building, out of repair and inconvenient ; distinction between town and county poor still kept up ; farm 1 60 acres : value, $9,000. REFORMATORY INSTITUTIONS. Ill Kalamazoo — Old wood building, in a dilapidated condition, not very neat; farm, 170 acres; value, $17,000. Kent — Old wood building in a bad condition ; rooms small ; an out building used for idiots and diseased persons, cold, filthy, and uncomfortable; farm, 104 acres; value, $7,000. Keweenaw — No report. Lapeer — Frame house ; condition not reported ; farm, 80 acres; value, $6,500. Leelanaw — No poor-house. Lenawee — New brick house, with two wings ; three stories ; in good condition ; separate department for the insane ; farm, 147 acres ; value, $35,000. Livingston — No poor-house or farm ; the keeping of the poor is let to the lowest bidder. A committee of the board of supervisors say that “ the poor are kept in one room, 18x22 feet ; males and females occupying it as sleeping, sitting, and dining room ; in a frame house boarded and battened, without plaster.” MacJcinac — No report. Macomb — Brick house, three stories, with basement ; also a separate hospital building of brick ; also two frame buildings, one for insane and idiots, the other for washing and bathing; good barn and other out-buildings; farm, 134 acres; value, $18,000. Mi mistee — N o report. Manitou — No report. Marquette — No report. Mason — No report. Mecosta — Small frame house and barn ; farm, 80 acres ; value, $3,000. Menominee — No report. Midland — House needs repairs ; barn in poor condition ; farm, 120 acres ; value, $3,000. Monroe — Large building, very inconvenient, and in a dilapi- dated condition ; farm, 154 acres ; value, $13,000. 112 REPORT ON PENAL AND Montcalm — A good, substantial frame building, large enough for present use, and a good, new, large barn ; farm, 120 acres ; value, 14,000. Muskegon — Frame house, boarded with 2-inch plank and sided, but not plastered ; farm, 80 acres ; value, $4,000. Newaygo — No poor-house. Oakland — Large brick house, three stories, with comfortable rooms, except the cells for the insane, no provision having been made for warming them in cold weather ; farm, 137 acres ; value, about $20,000. Oceana — No poor-house. Ontonagon — Frame dwelling-house and barn, not used for the poor, who are kept cheaper elsewhere : farm, 140 acres ; value, $2,000. Osceola — No report. Ottawa — Wood building, two stories, with a wing and an addition for wood-house and cells, in good repair and kept clean ; farm, 200 acres ; value, $14,000. Saginaw — Wood building, large and roomy, in good condi- tion ; three insane persons confined in miserable cells. The overseer thinks “they might be benefited or restored under proper treatment, which the county does not afford.” Farm, 80 acres ; value, $7,700. Sanilac — New brick building with stone basement ; sexes kept in separate rooms ; farm, 120 acres ; value without build- ings, $4,000 ; value of buildings not stated. Shiawassee — Frame building, two stories with basement, 40 by 70 feet ; rooms small ; farm, 80 acres ; value, $5,000. St. Clair — Has no poor-house; the poor are kept by the week, the county providing furniture, bedding, clothing, etc.; farm, about 200 acres ; value, $7,000. St. Joseph — Frame building; large and in fair condition; well managed; farm, 210 acres; value, $8,400. Tuscola — No report. IlEFORMA TO R Y INSTITUTIONS. 113 Van Buren . — Large house, in good condition, and satisfac- torily conducted ; farm, 170 acres ; value, $10,200. Washtenaw — Old wooden building, with a new brick apart- ment for the insane; farm, 120 acres; value, $9, GOO. Wayne — Extensive brick buildings, with a separate depart- ment for the insane, with cells, damp, in an unwarmed base- ment, and no ventilation ; poor-house not very well cared for ; very little classification of inmates; farm, 280 acres; value, $47,600. Wexford — No poor-house. Total value of farms, $407,000. In one instance, the value of the buildings is omitted, and from some counties there is no report. Probably the total value of investments in the State, including stock, agricultural implements, furniture, and household goods, will exceed $600,000. A few of the poor-houses are well ventilated, but the greater portion of them have no means of ventilation, except by the doers and windows. Only a very few of them have any bathing facilities, and in hut a few of them is there any proper classi- fication of the inmates, and no effort made for their moral or mental improvement. The condition of the poor in some of them is wretched and miserable, particularly that unfortunate class who are insane, some of them being kept in uncomfort- able rooms, without fire in the coldest weather, in a very filthy condition, or confined in miserable cells, without ventilation, and with scarcely any of the comforts of life ; a disgrace to a civilized and Christian community. 15 114 REPORT OX PEXAL A XI) SCHEDULE B. Table showing the Cost of Support of the Poor, in the several Counties of the State, over and above the Products of County Farms , for the year 1869. COUNTIES. Poor tlouse. Out tloor Relief. Total. Alcona (no report)-- Allegan . _ . _ $1,538 00 $3,710 00 1,222 16 $5,248 00 1,222 16 400 00 Alpena Antrim . . - 400 00 Barry Bay Benzie (no poor to provide for) Berrien Branch 3,000 00 1,759 95 1,465 28 2,384 29 4,465 28 4,144 24 2,500 00 1,170 25 2,910 00 1,199 61 5,500 00 1,203 00 4,000 00 8,000 00 2,373 25 Calhoun 6,910 00 3,115 03 Cass - 1,915 42 Charlevoix (no poor to prov. for) Cheboygan 250 00 250 00 Chippewa 578 66 578 66 Clinton. 1,793 25 1,028 88 2,822 13 Delta (not returned) Emmet (no poor to provide for) Eaton 3,029 70 4,175 70 500 00 3,529 70 9,762 10 1,866 71 Genesee Grand Traverse 5,586 40 1,866 71 71 50 Gratiot 1,500 00 1,000 00 1,571 50 2,500 00 12,283 58 242 07 Hillsdale 1,500 00 Houghton.. 12,283 58 242 07 Huron Ingham . -- 5,554 46 3,050 24 1,573 19 7,127 65 Ionia 3,050 24 1,400 00 1,100 00 0,700 00 4,713 00 5,000 00 Iosco 1,400 00 600 00 Isabella 500 00 Jackson 6,000 00 1,635 00 700 00 Kalamazoo 3,078 00 1,342 00 5,759 00 Kent 3,658 00 Keweenaw 5,759 00 Lapeer 3,000 00 3,500 00 6,500 00 Leelanaw _ . 884 00 884 00 Lenawee 2,833 61 575 75 4,433 80 5,983 74 8,817 35 1,158 47 7,401 64 Livingston Macomb , 582 72 2,967 84 Mackinac (no report) Manistee 5,813 84 5,813 84 Manitmi (no rppnrt) Marquette _ _ i 6,201 06 1,599 64 2,126 04 6,201 06 1,599 64 2,646 04 Mason Mecosta _. 520 00 Menominee 757 01 757 01 REFORMATORY INSTITUTIONS. 115 SCHEDULE B. — Continued. COUNTIES. Poor House. Out door Relief. Total. Midland $1,500 00 3,066 00 3,989 92 5,417 44 $1,142 30 1,880 40 977 22 Monroe Montcalm Muskegon - Newave-o 1,619 13 5,000 00 1,967 79 4,435 95 970 00 4,320 75 1,759 98 Oakland. 4,300 00 Oceana Ontonagon. Ottawa 2,571 00 4,585 84 1,000 00 4,459 00 Saginaw Sanilac _ _ ... . . - Shiawassee St. Clair. 13,687 67 1,226 16 1,123 62 2,625 00 6,130,69 9,000,00 169 00 St. Joseph. .. _ 3,714 34 Tuscola. Van Buren Washtenaw Wayne Wexford 1,126 00 6,178 10 18,270 63 $2,642 80 4,946 40 4.967 14 5,417 44 1,619 13 9,300 00 1.967 79 4,435 95 3,541 00 8,906 59 2,759 98 4,459 00 13,687 67 4,940 50 1,123 62 3,751 00 12,308 79 27,270 63 169 00 Total $117,515 59 $148,611 69 $266,127 28 In the above schedule, the statement of expenses for the support of the poor, in the counties of Chippewa, Houghton, Huron, Keweenawq Marquette, Mason, Menominee, St. Clair, and Tuscola, are taken from the reports of the Superintendents of the Poor to the Secretary of State, for the year 1869 ; the Commissioners not having received statements from those counties of such expenses, and not being able to distinguish what proportion of such expense was for support of paupers in the poor-house, or for out-door relief, the several amounts are placed in the second column. We are aware that the fore- going schedule shows some discrepancies, when compared with the annual reports made to the Secretary of State by the County Superintendents, for which we are unable to account, except on the supposition that the statements made to us do not make the year close at the same time, some of them having been made several months since, while others are of a more recent date. 116 REPORT OST PEA T AL AXI) We have before us two statements of the expenses in Wayne county, one made January 12, 1870, and one August 22, 1870,. which differ from each other, and neither of them agree with the amount reported to the Secretary of State. We mention this as one instance by way of illustration, and with a view off recommending that a new form for these reports be adopted, containing more full and complete returns from the County Superintendents of the Poor, and that they he required by law to make such returns on or before a certain time, and that a penalty be incurred for neglect to comply with such require- ment. We herewith submit for consideration in Schedule “ F,” the items to be embraced in such report, and the Secretary of State should be directed to make the blanks in proper form, and distribute the same to the several counties. REFORMATORY INSTITUTIONS. 117 SCHEDULE C. Table showing the number of Insane , Idiots y Blind , and Mute in the several Poor-Houses. COUNTIES. Allegan a? 00 £ O REMARKS. Alpena.. Antrim . Barry. .. Bay Benzie.. Berrien . Branch . Calhoun One returned from Insane [Asylum as incurable. Cass Charlevoix. Cheboygan Clinton Emmet Eaton Genesee 1 1 2 4 Grand Traverse. Gratiot. — Hillsdale Houghton Huron Ingham Ionia Iosco Isabella Jackson Kalamazoo Kent Keweenaw Lapeer Leelanaw Lenawee Livingston Macomb . . Manistee Marquette Mason Mecosta Midland Monroe Montcalm Muskegon Newaygo Oakland Oceana 1 6 1 1 ry 21 7 15 1 9 5 1 kept in private fam. and [1 at Detroit Asylum. 3 ! Number not stated. 118 REPORT 017 PE17AL AND S CHED TILE C. — Continued. COUNTIES. Ontonagon . Ottawa Saginaw Sanilac Shiawassee. St. Clair St. Joseph.. Tuscola Yan Buren. Washtenaw. W ayne W exforcl 19 67 215 62 REMARKS. 30 15 Total. REFO RM ATO R Y INSTITUTION S. 119 SCHEDULE D. Table showing the largest number of inmates in the several County Door Houses at one time during the year 1869 ; also the number under 16 years of age. 6 c5 O Jh . 0) n, COUNTIES. « a> q & O W)*, W 53 'g £ REMARKS. 6 & Allfio’fl.n 19 2 Mpena _ - -- No Poor House. No Poor House. Harry 19 Bay 20 5 Benzie No Poor House. Berrien 34 3 Branch _ 25 4 Calhoun 36 12 Cass 35 6 Charlevoix - No Poor House. Cheboygan No Poor House. Clinton - 32 6 Eaton 25 1 Emmet No Poor House. Genesee - 42 10 Grand Traverse No Poor House. Gratiot 9 3 Hillsdale 43 4 Houghton No Report. No Poor House. Huron Ingham - 29 ie” Ionia 27 6 Iosco . No Poor House. Isabella - 11 Jackson 37 4 Kalamazoo 47 10 Kent 41 9 Keweenaw No Report. Lapeer 23 4 Leelanaw _ _ _ _ No Poor House. Lenawee 60 17 Livingston 14 Macomb 54 10 Manistee No Report. No Report. No Report. Marquette Mason Mecosta 3 1 Midland - 12 3 Monroe 49 8 Montcalm 6 1 • Muskegon 19 o 120 REPORT ON PENAL AND S G II ED JJLE D. — Continued. COUNTIES. Highest N o. 1 at one time. 1 O 5 8 gg 6 & REMARKS. No Poor House. Oakland .. 49 5 Oceana No Poor House. Ontonagon No poor kept in Poor H ’se. Ottawa. 20 9 Saginaw 33 4 Sanilac 10 1 Shiawassee 24 No rec’d k’pt tk’se un ’dr 16 St. Clair 34 3 St. Joseph 44 6 Tuscola No Report. Van Buren 20 1 Washtenaw 103 6 Wayne 370 30 W exford No Poor House. Total l478~ 212 II EFOBMATORY INSTITUTIONS. 121 SC II ED ULE E. Statement showing the cost to Counties for maintenance of Indigent and Pauper Patients , at Michigan Asylum for the Insane, for 12 months end- ing 31st of July, 1870. COUNTIES. No. of Weeks. Board. Clothing, Exp. Home, Und’tak’r Damages. 1 Postage. Total. M o o £ s p. Allegan . 509 2 $1,782 50 $204 26 $6 10 $1 02 $1,993 88 $3 91 29 5 104 00 28 31 33 132 64 4 46 Barry 109 4 383 50 104 09 40 45 488 44 4 46 Bay 92 322 00 38 43 12 860 55 3 92 Berrien 389 1 1,862 00 186 83 5 75 87 1,555 45 8 99 Branch 600 4 2,102 00 207 74 11 80 1 82 2,323 36 3 87 Calhoun 438 6 1,536 00 169 47 10 S8 92 1,717 27 3 91 Cass 276 2 967 00 60 19 73 57 1,028 49 3 72 Clinton 234 2 820 00 124 95 2 20 87 948 02 4 05 Delta 51 3 ISO 00 32 55 09 212 64 4 16 Eaton 66 5 233 50 29 96 51 * 264 90 3 97 Emmet 52 1 182 50 2 80 12 1S5 42 3 56 Genesee 386 3 1,352 50 197 48 2 40 99 1,553 S7 4 02 Hillsdale... 276 3 967 50 132 32 5 18 4S 1,105 48 4 00 Houghton 207 5 727 00 118 02 5 88 21 851 11 4 10 Huron 52 1 1S2 50 9 12 12 191 74 3 68 Ingham 181 6 636 50 59 81 90 24 697 45 8 83 Ionia 184 5 646 50 95 52 1 03 60 743 65 4 03 Iosco 18 6 66 00 19 15 13 85 28 4 52 Jackson 43o 5 1,525 00 169 64 6 80 1 08 1,702 02 8 91 Kalamazoo 914 8,199 00 412 32 4 85 93 8,616 60 8 96 Kent 398 3 1,394 50 222 46 10 21 1 35 1,628 52 4 09 Keweenaw 104 2 365 00 5 54 09 870 63 8 56 Lapeer 244 4 856 00 89 91 3 63 78 950 32 8 S9 Leelanaw 52 1 182 50 19 45 27 202 22 3 88 Lenawee 310 4 1,087 00 209 08 6 69 1 59 1,804 86 4 20 Livingston 119 3 418 00 15 65 1 16 09 484 90 3 64 122 REPORT ON PENAL AND SCHEDULE E.— Continued. COUNTIES. No. of Weeks. Board. Clothing, Exp. Home, Und’tak’r Damages. Postage. Total. Av. per Week, j Macomb 271 2 $949 50 $108 37 $4 18 $0 67 $1,062 72 $3 92 56 3 197 50 22 80 20 220 50 3 91 Mason 102 5 359 50 69 28 5 60 21 434 59 4 25 Mecosta - 48 2 169 00 26 91 8 61 06 199 58 4 14 Monroe 404 1 1,414 50 128 62 1 30 83 1,545 £> 3 S2 Montcalm 71 6 251 50 58 26 2 30 21 312 27 4 34 Muskegon 422 6 1,480 00 213 30 4 70 75 1,698 75 4 01 Newaygo .... 18 2 64 00 1 50 24 65 74 3 60 Oakland 597 6 2,092 50 241 90 12 16 1 32 2,347 88 3 92 Oceana 26 6 94 00 4 91 12 99 03 3 69 Ontonagon 52 1 182 50 29 15 09 211 74 4 06 Ottawa 303 1,060 50 128 36 S 91 1 35 1,199 12 3 95 Saginaw 353 4 1,237 50 226 31 7 63 1 28 1,472 72 4 16 Sanilac 104 2 365 00 1 24 29 2 80 09 392 18 3 76 Shiawassee 158 4 555 00 56 91 2 50 90 615 31 3 80' St. Clair 376 4 1,31S 00 166 81 19 10 57 1,504 48 4 00 St. Joseph 312 5 1,094 50 170 62 7 38 1 20 1,273 70 4 08 Tuscola _ 61 3 215 00 13 80 2 80 30 231 90 3 78 Van Buren 210 2 736 00 115 62 12 96 27 864 85 4 11 Washtenaw 326 6 1,144 00 232 83 10 85 1 35 1,389 08 4 25 Wayne 766 1 2,681 50 421 60 3 38 4 15 3,110 63 4 00 Total 11,783 3 $41,242 00 $5,427 20 $198 59 $32 89 $46,900 68 $3 90 REFORMATORY INSTITUTIONS. m SCHEDULE F. Statement of the different items which it is desirable should be embraced in the annual report of Superintendents of the Poor , to the Secretary of State , to be made on the first day of November in each year, or at such other time as shall be deemed best. 1st — Whole number of Paupers in Poor-House during the year. 2d — Average number during the year. Sd — Number under 16 years of age. 4th — Number of Insane. 5th — Number of Idiots. 6th — Number of Blind. 7th — Number of Mutes. 8th — Cost of maintenance in Poor-House. 9th — Salary of Keeper of Poor-House. 10th — Amount paid for Medical Attendance. 11th — Amount earned by labor of Paupers. 12tli — Amount paid for transportation of Poor. 13th — Amount paid for repairs of buildings, stock, tools y etc., including all items which are not any part of the actual expenses of maintaining the Poor. llfh — Amount paid to Superintendents of Poor. 15th — Amount paid to Supervisors and Justices. 16th — Number of persons who have received temporary support or outdoor relief during the year. 17th — Amount paid for temporary support or outdoor relief during the year. 18th — Value of county farms, including buildings, stock, tools, furniture, and fixtures. 19th — Nationality or birthplace of paupers. Remarlcs. — Under this head should be given a general description of the condition of the farm-house and other build- 124 KEPORT OK PEKAL AKD ings ; the manner in which paupers are treated ; how they are fed and clothed ; in what manner sick persons are cared for ; how the insane and idiots are kept, and what are their treat- ment and accommodations ; how the pauper children are edu- cated ; facilities for bathing ; mode of ventilation ; in short, all the information necessary to give the public a full and com- plete account of the condition of the poor throughout the entire State. Were such a full and accurate report required to be made every year, we are of opinion that there would be a very great improvement made in the care and comfort of this unfortu- nate class of our citizens. SCHEDULE Gr. Statement showing the condition of the County Jails , highest number of Prisoners at one time, etc. ; also , estimated value of buildings. A Icona — N o statement. Allegan — Brick building, 40x40 feet, two stories, used for residence of sherilf, and jail; rooms neat; four cells 8x12 feet ; no provision for separation of sexes, except when con- fined in cells ; no bathing facilities ; no secular or religious instruction given ; no employment furnished ; no reading matter; prisoners allowed free communication with each other; privy in bad condition; highest number of inmates at one time, 13 ; estimated value, $10,000. Alpena — Frame building, two stories, used as dwelling and jail ; eight cells, five of them 5x8 feet ; three of them 15 feet square; sexes kept separate; no bathing facilities ; no instruc- tion; Bibles furnished; no employment; prisoners allowed free communication with each other; highest number of inmates at one time, 8 ; estimated value, $5,000. A ntrim — Frame building, occupied for court-house, dwelling and jail ; three cells, eight feet square ; no bathing facilities ; no instruction; sexes separated by cells only; no employ- REFORMATORY I INSTITUTIONS. 125 ment; prisoners not allowed free communication with each other; highest number of inmates, 1; estimated value, $7,000. Barry — Brick building, two stories, with frame addition, used for dwelling and jail; in good condition; warmed by furnace; six cells, five 8x9 feet and one 9x12 feet. Also, one cell in basement for drunkards; sexes separated by cells only ; 110 instruction ; papers and periodicals furnished ; no bathing facilities; no employment; communication free; highest number of inmates, 5 ; estimated value, $5,000. Bay — Frame building, one story, with dwelling-house at- tached; eleven cells; ten 5x7 feet and one 8x12 feet ; sexes kept separate; free communication in the daytime; religious instruction is given by city missionary, and reading matter fur- nished; no employment; no bathing facilities; highest num- ber of inmates, 21 ; estimated value, $4,000. Berrien — New brick jail and residence ; 2 tier of cells ; 15 of iron and stone below, and 8 of iron and wood above ; sexes separated; good bathing facilities ; reading matter furnished, but no instruction given ; free communication in day time, except in special cases ; no employment ; highest number of inmates, 13 ; estimated value, $30,000. Benzie — No statement. Branch — No jail except a temporary <£ lock-up;” prisoners confined in St. Joseph county jail; the temporary building js not fit for the purpose of a jail, and has been condemned by the Circuit Court. Calhoun — Brick building, 2 stories; second story used for jail; 6 cells 8x10 feet ; separate room for women, but the sexes can converse with each other; no bathing arrangements; no instruction ; newspapers furnished ; no employment ; free com- munication allowed; highest number of inmates, 17 ; estimated value, $8,000. Cass — Brick building, 30x40 feet, two stories; six cells — four for men and two for women, each 9 feet square ; no bath- ing facilities ; no instruction; reading matter furnished by 126 REPORT OK PEKAL AND sheriff; no employment; free communication allowed; cells are lined with plank, and are badly infested with bed-bugs ; highest number of inmates, 7 ; estimated value, $2,500. Charlevoix — Has no jail ; prisoners are kept in the jail of Antrim county. Cheboygan — Frame building ; two cells, 10 feet square ; sexes not separated ; no facilities for bathing ; no instruction ; no employment ; free communication allowed ; highest number of inmates, 2 ; estimated value, $1,000. Chippewa — No statement. Clinton — New building, 20x25 feet, built for a jail by pri- vate party, and leased to the county ; five cells, 5x7 feet ; good ventilation ; sexes not separated ; no bathing facilities ; no in- struction ; no employment ; free communication allowed ; highest number of inmates, 7 ; value or amount of rent not stated. Delta — No statement. Eaton — Has no jail ; prisoners are kept in the jail of Jack- son county. Emmet — No statement, Genesee — Building two stories ; exterior walls of brick ; the entire interior of iron, new and in good condition, strong and secure; sixteen cells, 5x8 feet; sexes separated; no bathing- arrangements ; no instruction ; books and papers furnished ; no employ ment ; free communication allowed ; highest num- ber of inmates, 20 ; estimated value, $30,000. Grand Traverse — Wood building, one story, with two cells, 10x16 feet ; no bathing facilities; no instruction ; no employ- ment ; highest number of inmates, 1 ; estimated value, $1,200. Gratiot — Has no jail ; prisoners are kept in the jail of Clin- ton county. Hillsdale — Stone building, 35x55 feet; two stories; six cells, 4x8 feet, and only 64 feet high in lower story; separate room for females in second story, 16 feet square; no bathing facili- ties, no instruction, and no employment; reading matter fur- REFORMATORY INSTITUTIONS. 127 nished by the sheriff; free communication allowed; the cells in this jail are damp and unhealthy ; privy in bad condition ; building is old and unsuitable for the purpose used ; highest number of inmates, 12; estimated value not stated. Houghton — No statement. Huron — Frame building, two stories, about 30 feet square, with wing ; used for dwelling and jail ; three cells, 8 feet square : sexes not separated only by cells; no bathing facilities; no in- struction ; no employment ; free communication in general ; highest number of inmates, 2 ; estimated value, $1,000. Ingham — No statement. Ionia — Wood building 18x24 feet, two stories; attached to sheriff’s residence; in poor condition; four cells, 9x12 feet; sexes separated only by cells; no bathing facilities; no in- struction; no employment; free communication; value not stated; highest number of inmates, 11. Iosco — Stone basement of the court-house is used for jail; one room for men, 14x20 feet; one for women 14 feet square; three cells, 7x11 feet; no facilities for bathing; no instruction ; no employment; and generally free communication is allowed ; highest number of inmates, 4; estimated value, $2,000. Isabella — Has no jail ; prisoners are confined in the jail of Midland county. Jackson — Brick building; fourteen cells for men and three for women, 5x7-J feet; sexes kept separate; no instruction given; no bathing arrangements ; no stated employment; men work some in the garden and barn, and special leave is given to work out with ball and chain; women sew some; free com- munication allowed ; water-closets very offensive; sick persons are cared for in cells, which have no light or ventilation except through grated doors from illy lighted and illy ventilated corridors; highest number of inmates, 64; value not stated. Kalamazoo — Brick building 40x100 feet ; used for dwelling and jail; kept neat and tidy; tw r enty-eight cells, 5x7 feet, 8 feet high ; three large cells; sexes kept separate; no bathing 128 REPORT OX PEXAL AXD facilities; no instruction given; no employment; a Bible is furnished each prisoner, and papers sent in by benevolent per- sons; free communication not allowed; highest number of inmates, 28 ; estimated value of building, $40,275. Kent — Wood building, 2 stories; used for dwelling and jail; dwelling comfortable; jail old and in bad condition; 9 cells in lower story, 5xG feet, 9 feet high ; G cells in upper story, 6x8 feet, 7 feet high ; sexes separated ; no bathing arrangements ; no instruction ; no employment ; prisoners allowed free com- munication, two of whom are boys; highest number of in- mates, 22 ; estimated value, $1,500. Keweenaw — No statement. Lapeer — No statement. Leelanaw — Wood building, 16x22 feet; 1 large common room; 2 cells, 7^x6 feet; no bathing facilities ; no instruction given ; no employment ; highest number of inmates, 2 ; esti- mated value, $500. Lenawee — Old brick building in bad condition; fourteen cells, 8 feet square, with four berths in each cell; sexes sepa- rated; no bathing facilities; no instruction; no employment ; no reading matter furnished ; free communication allowed in the daytime ; highest number of inmates, 18 ; estimated value, $5,000. Livingston — Jail and residence of the sheriff on the lower lloor of the court-house; eight cells; two of them 14 feet square; five of them 5x10 feet, and one is 8x30 feet; only common facilities for bathing; Bibles furnished, but no in- struction given; prisoners not allowed free communication with each other; highest number of inmates, 5: estimated value, $10,000. Mackinac — No statement. Macomb — Stone building for jail, one story, attached to a two-story brick building, used as a dwelling by sheriff; six cells, four of them 8x12 feet; two 12 feet square; women kept in a large cell; jail very much out of repair; walls damp; REFORMATORY INSTITUTIONS. 129 no bathing facilities ; no instruction ; newspapers furnished for reading ; no employment ; free communication allowed in the daytime ; highest number of inmates, 8 ; estimated value, $6,000. Manistee — No statement. Manitou — No statement. Marquette — No statement. Mason — No statement. Mecosta — Frame building, two stories, with lour cells, 6x8 feet ; sexes separated ; no bathing facilities ; Bibles furnished, and Ministers of the Gospel call frequently ; no employment ; free communication allowed ; highest number of inmates, 7 ; estimated value, $3,500. Menominee — No statement. Midland — No statement. Monroe — No statement. Montcalm — Has no jail. Muskegon — Wood building, two stories with wing; 3 cells in lower story for men, 4x7 feet, and one above for w r omen, 12x16 feet; sexes separated; no facilities for bathing; no reading furnished ; no instruction given ; no employment ; free com- munication; building is rented by the county, belongs to village of Muskegon ; highest number of inmates, 16. Newaygo — Building of timber, covered with plank ; size, 20x24 feet; 14 years old, damp and rotten, and in a bad con- dition ; two cells, 12 feet square ; sexes separated only by cells r no bathing facilities ; no instruction given ; no reading matter,, and no employment ; free communication allowed ; highest number of inmates, 3 ; estimated value, $500. Oakland — Small brick building, two stories; old, inconve- nient, and unfit for a jail; 8 cells, only 1 of them for women,* - : no separation of sexes, if more than one female is in jail at the same time ; no facilities for bathing ; no instruction given books and papers are furnished by sheriff ; free communication allowed ; two, and sometimes three prisoners, confined in the 17 130 REPORT OK PEKAL AXD same cell ; arrangements in regard to water-closets bad ; highest number of inmates, 15 ; value not stated. Oceana — Building two stories; lower one used for jail; upper one for court-room ; five cells about 8x12 feet ; sexes not separated, only by being confined in different cells, or by the hall between them ; no bathing arrangements ; no instruc- tion given; some books furnished by individuals ; no employ- ment ; free communication generally allowed ; highest numbe r of inmates, 3 ; estimated value, $3,500. Ontonagon — Good log building, 30x40 feet; well ventilated ; four cells, 8 feet square; sexes separated by being kept in different cells, but prisoners can communicate freely with each other ; no bathing facilities ; no instruction ; no reading mat- ter ; no employment ; number inmates during the year, none; estimated value, $500. Osceola — No statement. Ottawa — Small wood building, 1-J stories ; upper part resi- dence of sheriff ; lower part used for jail ; 2 cells, 7x9 feet ; sexes kept separate ; 'women kept in a room in the upper story ; no bathing facilities ; no instruction given ; no reading matter, and no employment ; free communication allowed. This jail is in a filthy condition, and is totally unfit for the purposes of a jail, and is of no value ; highest number of inmates, 6. Saginaw — New T brick building, two stories ; twenty-five cells ; two of them 7x8 feet, and the others 6x7 feet, constructed of iron ; heated by furnace ; good ventilation in the passages, but none in the cells ; one cell for females ; wdien fully completed there will be good facilities for washing and bathing; religious instruction is given by members of Young Men’s Christian Association once or twice a week ; books and papers are fur- nished by them or by the sheriff ; no employment ; prisoners generally allowed free communication with each other ; provi- sion for separation of sexes not very good ; highest number of inmates, 23 ; estimated value, $32,000. Sanilac — Lower part of court-house used for jail; wood REFORMATORY INSTITUTIONS. 131 building; three cells; one is 10 feet square, one is 10x12 feet, and one is 6x10 feet ; not in a very good condition ; sexes kept separate; one tin wash-dish for washing and bathing purposes ; no instruction given; no reading matter; no employment; prisoners not allowed free communication ; highest number of inmates, 5 ; estimated value of jail, $100. Shiawassee — “A den at the back of the court-house, not fit for the confinement of wild beasts ;” three cells of different sizes ; sexes not separated ; no facilities for bathing ; no instruction ; no reading matter ; no employment ; free com- munication allowed; highest number of inmates, 12. St. Clair — Brick building, 25x82 feet ; 3 cells for males ; 1 for females, 8x12 feet; free communication allowed; no bathing facilities ; no instruction ; no employment ; highest number of inmates, 9 ; estimated value, $4,000. St. Joseph — Brick building, 2-J stories, 40x60 feet, in good condition ; 8 cells, 6 of them 3^x6-J feet, 1 10 feet square, and 1 10x20 feet ; sexes kept separate ; washing facilities good ; one special bath-room ; no instruction given ; reading matter furnished by sheriff; men allowed free communication in the daytime ; highest number of inmates, 9 ; estimated value, $15,000. Tuscola — Xo statement. Van Baren — Wood building in poor condition; 4 cells 8x10 feet ; sexes kept separate ; a very insecure jail, and pris- oners frequently escape; no bathing facilities ; no instruction; no employment ; free communication allowed; highest num- ber of inmates, 5 ; estimated value, $1,000. Washtenaw — Brick building containing 22 cells for men, and 4 for women, 4x8 feet and 7 feet high ; sexes kept sep- arate ; religious services every Sunday ; some books are fur- nished by Dr. Gillespie; no bathing facilities ; no employment; free communication allowed ; privy arrangements are very bad, offensive, and unwholesome ; building in bad condition, needs repairs; highest number of inmates, 12; value not stated. 132 REPORT ON - PENAL AND Wayne — Stone building, three stories ; securely built, with six distinct corridors, and cells opening therefrom ; eighty-four cells, 4^x8 feet, 10 feet high, besides three rooms for prisoners ; three cells for witnesses ; one common room used for women only; there is running water in each corridor, but no bathing facilities, nor any requirements thereto ; religious services every Sabbath, under the care of the Young Men’s Christian Association, and books and papers are furnished by them to some extent ; prisoners in each corridor can hold free com- munication with each other ; when visited in 1869, small boys were confined in the same corridor with hardened criminals > highest number of inmates, 50; value not ascertained. Wexford — Has no jail, and it is said has had no use for one as yet. It is believed that the diet of prisoners in our jails is very generally good and wholesome, and in sufficient quantity. Probably the sick are as well cared for as they can be in such places, and with such accommodations, none of the jails hav- ing hospital rooms ; they are generally treated in cells, or in rooms illy ventilated and poorly lighted. Nearly all the jails in the State are without ventilation, except by means of the doors and windows ; and, with a few exceptions, are so con- structed as to be prejudicial to the health of persons who are confined in them. Many of them are insecure, and in that respect unfit for the use for which they are designed. The total estimated value of buildings, as shoAvn by the fore- going abstract, is the sum of $230,075, and several of them are not estimated, some of which are of considerable value, and if all were included would probably swell this amount to nearly if not quite $300,000, and perhaps exceed that sum ; yet but few of them are constructed in the manner that they ought to be. It will be seen that the greatest number of prisoners at any one time during the year, in the counties from w'hich state- ments were received, or which were visited by the Commissioners, amounts to 466 ; and w'ere all of the counties included, the REFORMATORY INSTITUTIONS. 133 number would probably exceed 500; and probably the total number confined during the year would double or treble the number above specified, perhaps more, nearly all of whom are without any secular or religious instruction, with no employ- ment, but very few of them supplied with reading matter, with no facilities for cleanliness, and, while so confined; not only having no opportunity for improvement, but in a con- dition calculated to make them immoral and vicious. In fact, most of our jails, as they are managed, may be considered schools of vice and iniquity ; when they ought to be so con- ducted as to promote good morals and tend to elevate and enlighten the inmates in regard to their duties to themselves and to society. *