HOUSE 
 
 No. 15. 
 
 DOCUMENTS 
 
 RELATING TO 
 
 THE STATE PRISON. 
 
 1850 . 
 
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 82 , 
 
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 [Jan. 1851.] HOUSE—No. 15. 
 
 ©ammontoraltij of JWasssacljusetts. 
 
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 To His Excellency the Governor and the Honorable Council. 
 
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 The board of inspectors of the State prison in Charlestown, 
 appointed under the provisions of the thirty-seventh chapter of 
 the acts of 1850, though their duties are not defined in the said 
 act, nor by reference therein to pre-existing laws, have consid¬ 
 ered that the Legislature must have intended that they should 
 assume the duties which by law were assigned to the inspectors 
 of the prison, appointed under the provisions of the 144th chap¬ 
 ter of the Revised Statutes, and have governed themselves ac¬ 
 cordingly. 
 
 As required by the eleventh section of that chapter, they re¬ 
 spectfully submit this Report. 
 
 They cannot, as the result of their own observations, make a 
 detailed statement of the concerns of the prison for the year 
 now past, as it is less than five months since the date of their 
 appointment. 
 
 The prison has been visited every week by one of their num¬ 
 ber, and monthly meetings of the board have been held at the 
 prison, as required by law. 
 
 The duties of their office being new to each member of the 
 board, they have deemed it prudent to avoid hasty innovations 
 on the system which they found established, and before they 
 proposed changes, to ascertain by experience and observation 
 the operation of the code of “ rules and regulations,” which by 
 authority of law, their predecessors, with the approval of the 
 Governor and Council, had established, “for the direction of 
 the officers of the prison in the discharge of their duty, the gov¬ 
 ernment, employment and discipline of the convicts, and for the. 
 custody and protection of the public property.” The board 
 have not therefore proposed to the executive any alterations in 
 the “rules and regulations” which they found in force when 
 they were appointed. 
 
4 
 
 STATE PRISON. 
 
 [Jan. 
 
 Upon their first official visit to the prison, the members of the 
 board were much surprised by an inquiry from the warden, 
 whether he could with propriety allow friends of the convicts 
 or other persons from without the prison, to visit and converse 
 with them. He had found such a usage in existence when lie 
 entered on the duties of his office, and sought the advice of the 
 board on the subject. 
 
 The Legislature had enacted, (Rev. Stat. chap. 144, § 33) 
 that <c no communication shall be allowed between them, (the 
 convicts) and persons without the prison.” And the regulations 
 established by the inspectors, with the approval of the governor 
 and council, had provided, (Inspector’s Regulations, ^rt. VII, 
 § 10,) that “no convict shall be permitted to write, or send 
 to, or receive from, any person, any letter or thing whatever, 
 nor shall there be any intercourse between the convicts and 
 persons from without the prison by conversation or signals.” 
 
 The warden was instructed, that, under the existing law, and 
 the regulations in force, neither he nor the inspectors could ex¬ 
 ercise any discretion in the premises; that it was their duty to 
 enforce the law regulating the discipline of the prison, in this, 
 as well as in all other respects, and that his failure so to do 
 would be regarded as an omission of duty, which it would be 
 incumbent on the board, in obedience to the statute, to report 
 to the governor and council. 
 
 The provisions of the law and the regulations of the inspec¬ 
 tors in this behalf, have since been rigidly enforced. Some of 
 the convicts at first were much dissatisfied that they should be 
 deprived of an indulgence to which they had been accustomed. 
 The board deemed it proper, through the chairman, to ex¬ 
 plain to the convicts assembled in the chapel, the reasons for 
 discontinuing the usage. It is believed they fully appreciated 
 the justice of the views taken by the board: and they were 
 made to understand, that it ill became officers of the govern¬ 
 ment, under oath to discharge their duties according to law, by 
 their own disregard of the law, to exhibit an example which 
 convicts confined in prison might plead in extenuation of their 
 violations of law. The importance which has been attached to 
 this prohibition by the Legislature is apparent from the fact that 
 they have enacted (Rev. Stat. chap. 144, §40,) that “ if any 
 officer or person employed in the State prison, shall suiFer any 
 
1851. J 
 
 HOUSE—No. 15. 
 
 5 
 
 convict confined in said prison, to be visited, conversed with, or 
 in any way relieved or comforted, contrary to the regulations 
 of the prison, he shall be punished by fine not exceeding five 
 hundred dollars/ 7 
 
 The experience of more than four months has demonstrated the 
 fallacy of the position which has sometimes been put forth, that 
 it is impossible to carry out this regulation, and the discipline of 
 the prison has been in no way unfavorably affected by enforcing 
 the law. This enforcement has at times been attended with no 
 small trial to the feelings of the warden, in cases where a wife, 
 a mother, or a sister, sometimes coming from a great distance, 
 has visited the prison, to seek an interview with a husband, a 
 son, or a brother. But though a denial of the indulgence may 
 have aggravated the anguish of a heart already crushed, an ex¬ 
 planation of the law on the subject has satisfied the parties that 
 the warden was only doing that which his duty required. 
 
 By the third section of chapter 289 of the acts of 1850, it was 
 enacted as follows: “The warden and inspectors of the State 
 prison are hereby authorized to adopt such regulations, in rela¬ 
 tion to the intercourse of the convicts with their friends from 
 without the prison, also, in relation to the introduction of news¬ 
 papers into the prison, and in relation to visitors, as they may 
 think necessary or expedient, not inconsistent with the law re¬ 
 lating to the government of the prison.” 
 
 The board have been at a loss to understand what was the* 
 design of the Legislature in this enactment. It has been sug¬ 
 gested that it was intended to enable the warden and inspectors 
 to adopt more stringent regulations for the enforcement of the 
 law prohibiting all communication between convicts and per¬ 
 sons without the prison; but this could hardly be considered as 
 “ adopting regulations in relation to the intercourse of the con¬ 
 victs with their friends from without the prison; ” nor is it easy 
 to perceive how “intercourse can be regulated,” when “ all 
 communication is 'prohibited .” 
 
 But a case occurred which appealed very strongly to the sym¬ 
 pathies of the warden and inspectors. A sister of one of the 
 convicts visited the prison, expecting to be allowed an interview 
 with her brother. The privilege could not be granted to her; 
 the reason was explained, and she acquiesced without com¬ 
 plaint. She left a volume which she had brought with her, in- 
 
6 
 
 STATE PRISON. 
 
 [Jan. 
 
 tended as a present to the brother; it contained portions of the 
 New Testament with notes. Not being permitted an interview, 
 she wrote in pencil on the fly leaf of the book, a few lines of 
 advice to her brother, couched in language of sympathy and 
 affection, such as none but a Christian sister’s heart could have 
 prompted. 
 
 This book, with a statement of the circumstances, was laid 
 before the board by the warden, for advice as to its disposal. 
 The book might be placed in the convict’s cell, under the third 
 section of article VI, of the inspector’s regulations. But by sec¬ 
 tion ten of article VII, of the regulations, already cited, the let¬ 
 ter was expressly prohibited. 
 
 Ey authority of the third section of chapter 289, of the laws 
 of 1S50, already quoted, the warden and inspectors adopted the 
 following regulations:— 
 
 “ The warden may, at such time and under such circum¬ 
 stances as he shall deem expedient, make known to the prison¬ 
 ers the whole or parts of any communications received by him, 
 from their friends, from without the prison; and he may, in 
 like manner, make known to such friends the whole, or such 
 parts of communications made to him by prisoners, as he shall 
 deem expedient; and in exercising the discretion thus entrusted 
 to him, he shall have regard to the character and conduct of 
 the prisoners, extending the indulgence thus allowed only to 
 those, who, by their correct deportment and obedience to the 
 rules and regulations of the prison, shall show themselves enti¬ 
 tled to favor.” 
 
 As the authority seems to be given unqualifiedly to the war¬ 
 den and inspectors, to adopt regulations on the subject matters 
 named in the section quoted, (although by the preexisting laws 
 the inspectors were empowered to establish rules and regula¬ 
 tions to be approved by the governor and council,) it was not 
 supposed necessary to submit the regulations thus adopted, to 
 the executive for their approval, but if this construction of the 
 law was erroneous, the approval of the governor and council is 
 now respectfully asked. 
 
 The warden and inspectors have adopted no other regulation 
 by virtue of the authority thus given to them. 
 
 But learning that it had been common to allow females to at¬ 
 tend as spectators at the chapel service on the sabbath, the 
 
1851.] 
 
 HOUSE—No. 15. 
 
 7 
 
 board have advised the warden no longer to allow the same, 
 and the practice has been discontinued. 
 
 Learning also that discharged convicts had been allowed ac¬ 
 cess to the prison as visitors, the board recommended that no 
 discharged convict should again be allowed to come within the 
 prison walls, unless under a warrant from court; and visitors 
 of this description are now excluded. 
 
 The board are well satisfied, from facts which have been 
 brought to their knowledge, that the law prohibiting intercourse 
 between the convicts and persons from without the prison, is, 
 in its general operation, beneficial. And they have reason to 
 believe that the indulgence which has heretofore been allowed, 
 has been attended with evil consequences. The opportunities 
 thus afforded for intercourse, have been abused, for the purpose 
 of furnishing the convicts with money, liquor, and other articles 
 forbidden by law. 
 
 But the board would respectfully suggest for the considera¬ 
 tion of the Executive, whether it may not be expedient to rec¬ 
 ommend to the Legislature some modification of the existing 
 law. As the board construe the provisions of the Revised Stat¬ 
 utes, chapter 144, section thirty-three, all communication be¬ 
 tween the convicts and persons without the prison, is now ab¬ 
 solutely and under all circumstances prohibited. The board 
 are not aware that any discretion is at present intrusted to any 
 officers of the prison or to any officer of the government, to dis¬ 
 pense with this prohibition under any circumstances, whatever 
 exigency may arise. 
 
 Cases may occur in which no probable evil would result, and 
 much possible good might ensue from a relaxation of the strict¬ 
 ness of the existing law. Highly beneficial influences might 
 be exerted upon a convict by the counsels of a father or a 
 mother, a wife or a sister; or perhaps the voice of a pastor, 
 from whose lips the convict, in his earlier and better days, had 
 heard the messages of Christian truth, might revive convictions 
 which had been long smothered, and arouse conscience from its 
 long slumber. Cases have occurred during the time that the 
 board have been connected with the prison, in which, had the 
 law permitted, the warden and inspectors would have felt it a 
 duty to allow prisoners to receive visits from their friends,—cases 
 in which they would have felt that no evil influence would 
 
STATE PRISON. 
 
 8 
 
 [Jan. 
 
 have been exerted, but on the contrary wholesome advice would 
 have been imparted. 
 
 Aside from the consideration already suggested, the board are 
 of opinion, that if a discretionary power existed to allow prison¬ 
 ers occasionally to see their friends, as a reward for meritorious 
 conduct, the wise exercise of such a power might exert a good 
 moral influence, and be made essentially subservient to the pro¬ 
 motion of good discipline in the prison. 
 
 With these views the board deem it desirable that the warden 
 should be authorized in special cases, and under proper restric¬ 
 tions, to allow convicts, to a limited extent, to have intercourse 
 with persons from without the prison. 
 
 If the warden should be authorized to exercise such discre¬ 
 tion, with the approval in each particular case of one or of two 
 of the inspectors, or of the whole board, if it should be deemed 
 expedient thus to guard the exercise of such a power, we are 
 of opinion that it would be a wise modification of the existing 
 stringent provisions of the law. 
 
 The number of convicts during the past year has so greatly 
 increased, that, with the limited accommodations in the work 
 shops, it was found impracticable to employ the convicts to ad¬ 
 vantage; and the crowded state of some of the shops also ren¬ 
 dered it extremely difficult to maintain proper discipline. Upon 
 the representations made by the warden, the correctness of 
 which was confirmed by their own observation, the board con¬ 
 sidered that the exigency of the case not only justified but re¬ 
 quired their giving a liberal construction to the provisions of 
 the 10th section of the 144th chapter of the Revised Statutes; 
 and accordingly they approved a contract made by the warden, 
 with their previous sanction, for raising the roof and adding a 
 second story to the brick building used as a cabinet maker’s 
 shop. The work was completed and the enlarged premises oc¬ 
 cupied on the fifth day of the present month. The cost of this 
 enlargement was two thousand and sixty-three 19-100 dollars. 
 
 The manifest advantages which have resulted from this en¬ 
 largement, in the increased facilities for carrying on work, in 
 the opportunity furnished to appropriate one building solely to 
 the varnishing business, (thus lessening the risk should a fire 
 occur a third time in this department,) in enabling the overseers 
 to exercise a more complete supervision of the convicts, and 
 
1851.] 
 
 HOUSE—No. 15. 
 
 9 
 
 more effectually to enforce discipline, have amply compensated 
 for the expense incurred. 
 
 With these enlarged accommodations, there is now hardly 
 room for the increased number of convicts; and with the num¬ 
 bers still increasing, the board respectfully but earnestly invoke 
 the attention of the Executive, to the necessity of anticipating 
 the difficulties which will ensue if seasonable arrangements are 
 not made to provide the necessary accommodations for keeping 
 all the convicts diligently employed at hard labor. The board 
 would also respectfully urge upon the consideration of the Ex¬ 
 ecutive, the importance of early measuresjbeing taken, to secure 
 for the use of the prison certain lands lying between the present 
 limits of the prison and Austin street; their views on which 
 subject, the same having been heretofore referred to them by 
 the Executive, they have had the honor to submit in a special 
 report. 
 
 The present crowded state of the prison and the inadequate 
 accommodations, have rendered it impossible to comply with 
 the provision of the thirty-third section of the 144th chapter of 
 the Revised Statutes, which enacts that “ they (the convicts) 
 shall be confined in separate cells in the night time/’ The 
 present number of convicts is 440, and the number of cells in 
 the present solitary prison is only 304, so that there are of ne¬ 
 cessity 136 convicts in the old prison, confined together from 
 two to five in a cell. It can hardly be hoped that the new 
 prison, now in progress, will be in a state safe for occupancy 
 much if any before the next spring. 
 
 The discipline of the prison has manifestly improved since 
 the present board entered upon the duties of their office. The 
 announcement to the convicts of the passage of the law autho¬ 
 rizing the infliction of corporal punishment, accompanied by 
 the assurance given to the convicts that the authority thus 
 given would certainly be exercised if necessary to maintain the 
 discipline of the prison, had a decidedly beneficial influence 
 upon the prisoners. The number confined in solitary, for 
 breach of prison rules and disorderly conduct, sensibly dimin¬ 
 ished, and there have been only two individuals, upon whom 
 corporal punishment has as yet been inflicted. 
 
 The warden, seconded by the efficient cooperation of the dep¬ 
 uty warden, has been diligently engaged in ferreting out abuses, 
 2 
 
10 
 
 STATE PRISON. 
 
 [Jan. 
 
 and they have succeeded in discovering and cutting off several 
 channels by which spirituous liquors and other prohibited arti¬ 
 cles were introduced into the prison. The board have confi¬ 
 dence in their integrity, their fidelity to their responsible trusts, 
 and their devotion to the interests of the institution ; and they 
 believe that under their administration, as far as their vigilance 
 and fidelity can accomplish it, the laws of the Commonwealth 
 and the rules and regulations legally established for the govern¬ 
 ment of the prison are observed and enforced. 
 
 For more full detail in regard to the finances and statistics of 
 the prison, the inspectors ask leave to refer to the reports of the 
 warden and other officers of the prison. 
 
 WM. J. HUBBARD, ) 
 
 RICHARD FROTHINGHAM, Jr., } Inspectors . 
 
 GEO. H. KUHN, ) 
 
 September 30^/i, 1850. 
 
1851.] 
 
 HOUSE—No. 15. 
 
 11 
 
 To His Excellency George N. Briggs, Governor , and the Hon¬ 
 orable Council of the Commonwealth of Massachusetts : 
 
 The Warden of the State prison respectfully presents the 
 following statement of the general affairs of that institution :— 
 
 The whole number of convicts remaining in prison on the 
 1st of October, 1849, was . . . . . . 349 
 
 The number of convicts received into the prison, during 
 the year ending September 30th, 1850, has been . . 221 
 
 570 
 
 Discharged from prison during the year ending on the 
 30th of September, 1850, as follows :— 
 
 By expiration of sentence, ..... 108 
 
 “ remission of sentence, ...... 10 
 
 11 removal to the State Lunatic Hospital at Worces¬ 
 ter by order of court, ..... 3 
 
 “ escaped from prison, ...... 3 
 
 “ death, ........ 6 
 
 — 130 
 
 The whole number 
 1850, . 
 
 in prison on the 30th of September, 
 ........ 440 
 
 Ages of those in Prison. 
 
 From 16 to 20 years, 
 
 . 71 
 
 From 50 to 60 years, 
 
 From 20 to 25 years, 
 
 . 128 
 
 From 60 to 70 years, 
 
 From 25 to 30 years, 
 
 . 91 
 
 From 70 to 80 years, 
 
 From 30 to 40 years, 
 
 . 80 
 
 / 
 
 From 40 to 50 years, 
 
 . 41 
 
 
 . 22 
 . 6 
 
 . 1 
 
 440 
 
12 
 
 STATE PRISON. 
 
 [Jan. 
 
 Crimes of those in Prison. 
 
 Murder, .... 5 
 
 Assault with intent to murder, . 9 
 
 Manslaughter, . . .10 
 
 Felonious assault, ... 6 
 
 Highway robbery, . . . 2 
 
 Assault and highway robbery, . 3 
 
 Felonious assault and robbery, . 9 
 
 Robbery, .... 5 
 
 Robbery and larceny, . . 1 
 
 Assault with intent to rob, . 1 
 
 Burglary, .... 39 
 
 Burglary in the second degree, 1 
 
 Stealing in a dwelling-house, . 1 
 
 House breaking and larceny, . 19 
 
 House breaking, ... 4 
 
 Breaking and entering a dwell¬ 
 ing-house, ... 3 
 
 Shop-breaking and larceny, . 46 
 
 Shop-breaking, . . .40 
 
 Larceny, .... 129 
 
 Common and notorious thief, . 19 
 
 Stealing, . . . . 1 
 
 Incest, ..... 1 
 
 Rape, ..... 1 
 
 Assault with intent to commit a 
 rape, .... 2 
 
 Assault with intent to ravish, . 1 
 
 Adultery, .... 4 
 
 Bigamy, . . . . 1 
 
 Polygamy, .... 2 
 
 Lewd and lascivious cohabitation, 2 
 
 Sodomy, .... 1 
 
 Malicious burning, . . ] 
 
 Attempt to burn a dwelling- 
 house, .... 1 
 
 / 
 
 Burning a dwelling-house, . 1 
 
 Burning a barn, ... 9 
 
 Arson, . . . . .12 
 
 Having in possession counter¬ 
 feit bank bills with intent to 
 pass the same, ... 6 
 
 Passing counterfeit bank bills, . 7 
 
 Uttering counterfeit coin, . 1 
 
 Having in possession counter¬ 
 feit coin, .... 1 
 
 Passing a forged promissory 
 note, 1 
 
 Poisoning with intent to kill, . 1 
 
 Forgery, .... 4 
 
 Attempting to break and enter 
 a bank with intent to steal, . 2 
 
 Larceny from the person, . 6 
 
 Accessory to a larceny before 
 the fact, .... 1 
 
 Breaking and entering a public 
 building and larceny, . . 1 
 
 l 
 
 Breaking and entering a vessel 
 with intent to steal therein, . 2 
 
 Breaking and entering a vessel 
 and stealing therein, . . 3 
 
 Receiving stolen goods, . . 5 
 
 Uttering a forged order for 
 goods, . . . . J 
 
 Uttering and publishing a forged 
 note of hand, . . . 1 
 
13 
 
 1851 ] 
 
 HOUSE—No. 15. 
 
 Attempting to pick a pocket, . 1 
 
 Sending threatening letters to 
 extort money, ... 3 
 
 Escaping from this prison, 
 
 1 
 
 440 
 
 Terms for which those now in Prison are sentenced. 
 
 1 year, 
 
 ♦ 
 
 . 27 
 
 7 years, 
 
 • 
 
 • 
 
 . 15 
 
 1 year and 3 months, 
 
 
 . 1 
 
 8 years, 
 
 • 
 
 • 
 
 . 15 
 
 1 year and 6 months, 
 
 
 . 15 
 
 8 years and 6 months, 
 
 . 1 
 
 1 year and 8 months, 
 
 
 . 1 
 
 9 years, 
 
 • 
 
 • 
 
 . 6 
 
 2 years, 
 
 
 . 99 
 
 10 years, 
 
 • 
 
 • 
 
 . 10 
 
 2 years and 6 months, 
 
 
 . 6 
 
 11 years, 
 
 • 
 
 • 
 
 . . 2 
 
 3 years, 
 
 
 . 89 
 
 13 years, 
 
 o 
 
 ♦ 
 
 . 1 
 
 3 years and 6 months, 
 
 
 . 4 
 
 15 years, 
 
 * 
 
 
 1 
 
 3 years and 9 months, 
 
 
 . 1 
 
 18 years, 
 
 ♦ 
 
 • 
 
 . 3 
 
 4 years, 
 
 
 . 52 
 
 20 years, 
 
 
 • 
 
 . 1 
 
 4 years and 2 months, 
 
 
 . 1 
 
 30 years, 
 
 • 
 
 • 
 
 1 
 
 5 years, 
 
 
 . 36 
 
 35 years, 
 
 
 • 
 
 . 1 
 
 6 years, 
 
 
 . 29 
 
 Life, 
 
 • 
 
 - 
 
 . 21 
 
 6 years and 4 months, 
 
 
 . 1 
 
 1 
 
 
 
 440 
 
 States and Countries of which they are Natives. 
 
 
 Massachusetts, 
 
 
 . 161 
 
 England, 
 
 
 . 26 
 
 Maine, 
 
 
 . 24 
 
 Ireland, 
 
 
 . 75 
 
 New Hampshire, . 
 
 
 . 29 
 
 Canada, 
 
 
 . 11 
 
 Vermont, 
 
 
 . 6 
 
 Nova Scotia, . 
 
 
 . 6 
 
 Connecticut, . 
 
 
 . 9 
 
 New Brunswick, 
 
 
 . 6 
 
 Rhode Island, 
 
 
 . 10 
 
 Pennsylvania, 
 
 
 . 3 
 
 New York, . 
 
 
 . 37 
 
 Maryland, 
 
 
 . 4 
 
 Louisiana, 
 
 
 . 2 
 
 Ohio, . 
 
 
 . 2 
 
 Georgia, 
 
 
 . 1 
 
 Virginia, 
 
 
 . 6 
 
14 
 
 STATE PRISON. 
 
 [Jan. 
 
 North Carolina, 
 
 • 
 
 • 
 
 • 
 
 4 
 
 France, .... 
 
 2 
 
 New Jersey, 
 
 • 
 
 • 
 
 • 
 
 6 
 
 New Holland, 
 
 1 
 
 Germany, 
 
 • 
 
 • 
 
 • 
 
 4 
 
 Saint Vincent, 
 
 1 
 
 Scotland, 
 
 • 
 
 % 
 
 • 
 
 4 
 
 
 440 
 
 
 Employment of those in Prison . 
 
 
 Stone cutters, 
 
 
 
 
 114 
 
 Employed in cookery, 
 
 20 
 
 Carpenters, . 
 
 
 
 
 6 
 
 Bakers, .... 
 
 2 
 
 Tool grinders, 
 
 
 
 
 3 
 
 Washers, . 
 
 3 
 
 Team hands, 
 
 
 
 
 10 
 
 Barbers, .... 
 
 4 
 
 Blacksmiths, 
 
 
 
 
 29 
 
 Sweepers and waiters in Soli- 
 
 
 
 
 
 
 
 tary prison, 
 
 12 
 
 Whitesmiths, 
 
 
 
 
 2 
 
 Woodsawyers and lumpers, 
 
 10 
 
 Tin workers, 
 
 
 
 
 18 
 
 Hospital attendants, 
 
 2 
 
 Cabinet makers, 
 
 
 
 
 53 
 
 
 
 
 
 
 
 Hospital patients, . 
 
 5 
 
 Carvers, 
 
 
 
 
 17 
 
 Invalids, .... 
 
 13 
 
 Upholsterers, 
 
 
 
 
 34 
 
 In solitary confinement, . 
 
 1 
 
 Varnishers, . 
 
 
 
 
 12 
 
 1 
 
 In solitary by order of court, . 
 
 Brush-makers, 
 
 
 
 
 24 
 
 
 
 
 
 
 
 Yard and house waiters, and 
 
 
 ; Shoe-makers, 
 
 
 
 
 16 
 
 shop runners, 
 
 11 
 
 Tailors and menders, 
 
 
 
 16 
 
 
 
 Coopers, 
 
 • 
 
 
 
 2 
 
 
 440 
 
 The 221 Convicts received into Prison during the past year 
 were convicted at the jallowing places, viz: 
 
 Boston, 
 
 Cambridge, . 
 
 Ipswich, 
 
 Newburyport, 
 
 Concord, 
 
 Lowell, 
 
 100 
 
 10 
 
 4 
 
 1 
 
 4 
 
 17 
 
 Worcester, . 
 New Bedford, 
 Taunton, 
 Salem, . 
 Dedham, 
 Northampton, 
 
 9 
 
 5 
 
 8 
 
 4 
 
 27 
 
 5 
 
1851.] 
 
 HOUSE- 
 
 -No. 15. 
 
 
 
 15 
 
 Springfield, . 
 
 . . 6 
 
 Plymouth, 
 
 • 
 
 • 
 
 . 8 
 
 Lenox, 
 
 . 12 
 
 
 
 
 
 Greenfield, . 
 
 . 1 
 
 
 
 
 221 
 
 Ages of those received the past year. 
 
 
 From 16 to 20 years, 
 
 . 49 
 
 From 40 to 50 years, 
 
 . 23 
 
 From 20 to 25 years, 
 
 . 73 
 
 From 50 to 60 years, 
 
 . 5 
 
 From 25 to 30 years, 
 
 . 34 
 
 From 60 to 70 years, 
 
 . 4 
 
 From 30 to 40 years, 
 
 . 33 
 
 
 221 
 
 Crimes of those received the past year. 
 
 Murder, .... 2 
 
 Assault with intent to murder, . 3 
 
 Manslaughter, ... 3 
 
 Felonious assault, ... 4 
 
 Assault and robbery, . . 9 
 
 Highway robbery, . . . 1 
 
 Robbery, 1 
 
 Burglary, . . . .15 
 
 House-breaking, ... 5 
 
 Shop-breaking, . . .24 
 
 Shop-breaking and larceny, . 27 
 
 House-breaking and larceny, . 6 
 
 Breaking and entering a vessel 
 with intent to steal, . . 1 
 
 Larceny, . . . .76 
 
 Common and notorious thief, . 4 
 
 Stealing from the person, . 4 
 
 Attempt to pick a pocket, . 1 
 
 Receiving stolen goods, . . 5 
 
 Having counterfeit bank bills, 
 with intent to pass the same, 2 
 
 Uttering a counterfeit bank bill, 3 
 
 Arson, ..... 3 
 
 Burning a barn, ... 6 
 
 Attempting to set fire, . . 1 
 
 Adultery, .... 4 
 
 Polygamy, . . . . 1 
 
 * . i 
 
 Lewd and lascivious cohabita¬ 
 tion, . . ■ . . . 1 
 
 Felonious assault with intent to 
 rape, . . . .1 
 
 Felonious assault with intent to 
 ravish, . . . . 2 
 
 Bigamy, .... 1 
 
 Forgery, .... 1 
 
 Uttering a forged order, . . 1 
 
 Sending threatening letters to 
 extort money, ... 3 
 
 221 
 
16 
 
 STATE PRISON. 
 
 [Jan. 
 
 Sentences of those received the past year. 
 
 1 year, 
 
 . 26 
 
 5 years, 
 
 -v 17 
 
 1 year and 3 months, 
 
 . 1 
 
 6 years, 
 
 . 19 
 
 1 year and 6 months, 
 
 . 10 
 
 7 years, 
 
 . 7 
 
 1 year and 8 months, 
 
 . 1 
 
 8 years, 
 
 . 6 
 
 2 years, / 
 
 . 55 
 
 10 years, 
 
 . 5 
 
 2 years and 6 months, 
 
 . 2 
 
 1 1 years and 6 months, . 
 
 . I 
 
 3 years, . . . 
 
 . 41 
 
 30 years, 
 
 . 1 
 
 3 years and 9 months, 
 
 . 1 
 
 Life, .... 
 
 . 5 
 
 4 years, 
 
 . 23 
 
 
 221 
 
 States and Countries of i which those received the past year are 
 
 Natives. 
 
 Massachusetts, 
 
 
 . 77 
 
 Virginia, 
 
 
 . 4 
 
 Maine, 
 
 
 . 16 
 
 North Carolina, 
 
 
 . 1 
 
 New Hampshire, . 
 
 
 . 16 
 
 England, 
 
 
 . 14 
 
 Vermont, 
 
 
 . 3 
 
 Ireland, 
 
 
 . 46 
 
 Connecticut, . 
 
 
 . 2 
 
 Canada, 
 
 
 . 5 
 
 Rhode Island, 
 
 
 . 3 
 
 Nova Scotia, 
 
 
 . 1 
 
 New York, . 
 
 
 . 16 
 
 New Brunswick, . 
 
 
 . 5 
 
 New Jersey, . 
 
 
 . 3 
 
 France, 
 
 
 . 1 
 
 Pennsylvania, 
 
 
 . 2 
 
 Germany, 
 
 
 . 1 
 
 Maryland, 
 
 
 . 3 
 
 Saint Vincent, 
 
 • 
 
 . 1 
 
 Ohio, . 
 
 
 . 1 
 
 
 
 221 
 
 Of the 221 received the past year , 26 are recommitments as 
 
 follows: 
 
 17 are second comers. 
 
 4 are fourth comers. 
 
 5 are third comers. 
 
17 
 
 1851.] HOUSE—No. 15. 
 
 The 26 recommitments the past year were for the following 
 
 crimes: 
 
 Highway robbery, . . . 1 
 
 Felonious*assault and highway 
 robbery, . . . . 1 
 
 Burglary, .... 2 
 
 House-breaking, . . . 1 
 
 House-breaking and larceny 
 therein, . . . . 1 
 
 Shop-breaking and larceny therein, 3 
 
 Breaking and entering a vessel 
 with intent to steal, . . 1 
 
 Shop-breaking, ... 2 
 
 Larceny, . . . . 0 
 
 Common and notorious thief, . 1 
 
 Larceny from the person, . 1 
 
 • 
 
 Receiving stolen goods, . . 1 
 
 Uttering counterfeit bank bills, 2 
 
 26 
 
 Of the 440 Convicts now in Prison , 60 are recommitments, as 
 
 follows: 
 
 41 are second comers. 
 11 are third comers. 
 
 5 are fourth comers. 
 
 1 is a fifth comer. 
 
 2 are sixth comers. 
 
 The GO recommitments are for the following crimes : 
 
 Highway robbery, . . . 1 
 
 Highway robbery and felonious 
 assault, . . . . 1 
 
 Burglary, .... 8 
 
 Breaking and entering a dwell¬ 
 ing-house, .... 3 
 
 Shop-breaking, ... 3 
 
 Shop-breaking and larceny, . 9 
 
 Breaking into a vessel to steal, 1 
 
 Larceny, . . . .17 
 
 Common and notorious thief, . 5 
 
 Stealing from the person. 
 
 3 
 
 Receiving stolen goods, . . I 1 
 
 Incest, . . . .1 
 
 Assault with intent to commit a 
 rape, .... I 
 
 Polygamy, . . . . I 
 
 Arson, . . . . 1 
 
 Counterfeiting and passing 
 counterfeit bank bills, . . ,1 
 
 Passing a forged promissory 
 note, .... 
 
 Uttering counterfeit bank bills, 3 
 
 2 
 
 SO 
 
18 STATE PRISON. [Jan. 
 
 Crimes of those in Prison who are sentenced to imprisonment 
 
 for life . 
 
 Murder, sentence death, com¬ 
 muted to imprisonment for 
 life, . . . . • 5 
 
 Rape, sentence death, commut¬ 
 ed to imprisonment for life, . 1 
 
 Arson, sentence death, commut¬ 
 ed to imprisonment for life, . 1 
 
 Burning a dwelling-house in the 
 night time, sentence death, 
 commuted to imprisonment 
 for life, . . . . 1 
 
 Assault and highway robbery, . 1 
 
 Highway robbery, ... 1 
 
 Arson, . . . . 1 
 
 Robbery, .... 2 
 
 Malicious burning, . . 1 
 
 Burglary, .... 7 
 
 21 
 
 Of the 21 Convicts in confinement during life , 4 have been re¬ 
 ceived the past year ) as follows : 
 
 Murder, sentence death, commuted to imprisonment for life, ... 1 
 
 Burglary, ........... 3 
 
 One convict received in February last for murder, sentence 
 death, commuted to imprisonment for life, died in June last,— 
 4 months and 1 day after he was received into prison. 
 
 There are 35 negroes and 10 mulattoes now in prison, 22 of 
 whom were received the past year, viz : 17 negroes and 5 mulat¬ 
 toes. 
 
 The largest number of convicts in prison at any one time 
 during the past year, was 446. The smallest number was 348. 
 The average number has been 411. 
 
 The average number for the first six months of the past year 
 was 3S9. The average number for the last six months of the 
 past year has been 433. 
 
 It is a painful duty to present, in the foregoing tables, such a 
 rapid increase during the past year, in the number of convicts 
 confined in this prison. 
 
 There are, at this time, 91 more than were in confinement 
 here when the report was made up for the year closing on the 
 30th of September, 1849, in which it is stated, that “ the soli¬ 
 tary prison could not contain them, and for their accommoda¬ 
 tion the old prison had been appropriated, two or more convicts 
 
1851.] 
 
 HOUSE—No. 15. 
 
 19 
 
 being placed in each cell. The work-shops are crowded; the 
 chapel has overflowed and filled the barber’s shop, leaving 
 hardly sufficient space within the walls for the comfortable 
 accommodation of the inmates of the prison.” 
 
 These difficulties exist in a greater degree now than at that 
 period, and it has become necessary to place from two to five 
 in each cell in the old prison, in order to secure room for the 
 accommodation of the convicts at meals and for lodgings at 
 night. 
 
 Under such unfavorable circumstances, it can hardly be sup¬ 
 posed that good discipline, quiet and order can be fully main¬ 
 tained, or that the reformation or self-improvement which is 
 looked for under a system of separate confinement at night and 
 at meal times, can be realized or even hoped for. These em¬ 
 barrassments to the reformation of the criminal and the suc¬ 
 cessful management of the prison, will doubtless be greater 
 than they are now, as the number of convicts is increasing, and 
 in all probability will rise as high as 475, before the close of 
 the present year. 
 
 The present warden, on assuming the charge of the prison, 
 found that the practice of admitting visitors to the Sunday 
 school and to the chapel services on Sunday, had prevailed for 
 a considerable time, and consequently some of the convicts were 
 deprived of the benefits which are designed to be extended to them 
 by these services. The largest portion of these visitors were 
 females, of whom from twelve to twenty were present on some 
 occasions. The presence of so many of the fairer and gentler 
 portion of the human family not only occupied the seats, but 
 much of the attention of the less amiable portion of the assem¬ 
 bly, and diverted their attention from the lessons of wisdom 
 which were being imparted to them by their teachers, and from 
 the Christian admonition and counsels of those who ministered 
 to them in spiritual things. The board of inspectors were con¬ 
 sulted upon this subject, and in view of the crowded state of 
 the prison, and the want of proper accommodations for its in¬ 
 mates, they recommended that the practice of admitting visi¬ 
 tors of either sex on the Sabbath be immediately discontinued. 
 
 This decision was promptly complied with, and none have 
 since been admitted. 
 
 Of those received the past year, upwards of twenty can 
 
20 
 
 STATE PRISON. 
 
 [Jan. 
 
 neither read nor write; many others can only read in words of 
 one or two syllables: and these, together with others who have 
 been previously received into prison, and who are equally defi¬ 
 cient in literary attainments, will constitute about as large a 
 class as can be accommodated in the Sunday school during the 
 approaching winter. It would be impossible to find room in 
 the chapel for all who would avail themselves of the privileges 
 of the school as it has heretofore been organized, therefore the 
 usual Sunday school must of necessity be discontinued, until 
 larger chapel accommodations are provided. 
 
 A melancholy fact presented in the foregoing tables is, that 
 of the 221 received into prison during the past year, 122 are 
 under 25 years of age, and of this number 49 are not 20 years 
 old. This statement may, perhaps, engage the attention of 
 some who are interested in the work of education, and lead 
 them to look to the subject of truancy and parental indifference 
 or neglect for some of the causes of so much youthful de¬ 
 pravity as, by our criminal statistics and police reports, is shown 
 to exist in our community. 
 
 When the new board of inspectors made their first official 
 visit to the prison, the warden stated to them, that the prison¬ 
 ers had for a long time been allowed to see and converse with 
 such of their relatives, and sometimes with friends, as called 
 to inquire about them, and that, not wishing to make any inno¬ 
 vations upon the system which then existed, he had continued 
 in the same course, and, by so doing, had had an opportunity of 
 observing, somewhat minutely, the practical operation of this 
 indulgence to the convicts. 
 
 On reference to the inspectors’ rules and regulations for the 
 government of the State prison, article 7, section 10, and to 
 the 33d and 40th sections of the 144th chapter of the Revised 
 Statutes, it is found that such intercourse is expressly prohibited, 
 and that, by the last-named section, a violation of this law is 
 made a penal offence. 
 
 The 11th section of the above chapter makes it the duty of 
 the inspectors to “report to the governor and council forthwith, 
 all violations of law and omissions of duty by the warden,” 
 and as I did not feel disposed to make myself liable, either to 
 the penalty of the law, or to be reported to the executive coun¬ 
 cil as provided in the above section, the inspectors were con- 
 
1851.] 
 
 HOUSE—No. 15. 
 
 21 
 
 suited as to a continuance of this indulgence to the prisoners. 
 Their decision upon this subject will doubtless be made known 
 to his excellency in their report upon the affairs of the prison, 
 and with it, some suggestions relative to the modification of the 
 existing law relative to the intercourse of convicts with their 
 friends. 
 
 There are, perhaps, times and circumstances under which 
 such intercourse might be held, when it would prove beneficial 
 in promoting the convict’s reformation, or in softening his feel¬ 
 ings, or in awakening in him a sense of the injury he had done 
 himself and his friends, or the anguish in which his sinful 
 course has involved those who were looking to him for some of 
 life’s brightest and purest joys, or for that consolation which 
 moral purity and filial reverence can alone impart to the de¬ 
 clining years of an affectionate and devoted parent. To allow 
 convicts to hold conversation with their friends, would be a 
 privilege liable to much abuse, unless great caution was used 
 in the exercise of this indulgence. Abandoned females have 
 not unfrequently obtained an interview with some of the pris¬ 
 oners, by representing themselves as the wives or sisters of 
 some inmate of the prison with whom they desired to hold con¬ 
 versation, or some old associate in crime has secured the same 
 end, by claiming to be a brother, or a more remote relative or 
 friend of some prisoner; each have improved these opportuni¬ 
 ties to pass to the convict money and various articles prohibited 
 by law, and by the rules and regulations of the prison, in which 
 acts they have occasionally been detected. These opportuni¬ 
 ties serve also to awaken and keep alive in the heart of the 
 convict, feelings and associations, adverse to any efforts which 
 may be made by himself for self-improvement, or by others, to 
 secure his reformation and return to the paths of honesty and 
 sobriety. 
 
 There are, doubtless, many cases, where good might be done 
 the prisoner, without impairing the discipline of the prison, or, 
 at least, great comfort imparted to a widowed mother or an aged 
 father, in their being allowed to speak a word, and perhaps the 
 last word, of encouragement or counsel to an erring son. There 
 have been some cases in which the feelings and sympathies of 
 the warden have been very strongly appealed to, where, if a 
 sense of duty had not been stronger than his inclination, he 
 
22 
 
 STATE PRISON. 
 
 [Jan. 
 
 might have yielded to the earnest entreaties made to him from 
 the lips of some, whose eyes were flowing with tears of sympa¬ 
 thy, and whose hearts were wrung with deep sorrow for a fallen 
 son, husband, father or brother. 
 
 The number of convicts had become so great, in the early 
 part of the summer, that it was found impossible to accommo¬ 
 date them with suitable shop room. All the work-shops as 
 well as the stone-sheds were filled to overflowing, and there 
 were many convicts who could not be profitably employed in 
 any department of labor. This condition of the prison was 
 made known to the inspectors. They immediately gave their 
 attention to the subject, and found it so manifestly necessary to 
 afford better conveniences for the useful employment of the con¬ 
 victs, that authority was given to raise the cabinet shop one 
 story. This provided an additional shop, 130 feet long by 42 
 feet wide, at a cost of $2,063 19 : it was first occupied on the 
 fifth day of the present month, and now contains about 60 con¬ 
 victs, busily engaged in various industrial pursuits. There are 
 still many convicts who are not profitably employed, from the 
 want of a suitable place for them to labor in. The stone-sheds 
 are not large enough to accommodate the number of men em¬ 
 ployed in them. It is more difficult, if not impossible, to main¬ 
 tain order and good discipline, where the convicts are so much 
 crowded together as they are in this department of labor; nor 
 do they perform so large an amount of work as when they are 
 more separate than it is possible to have them at the present 
 time. 
 
 If the number of prisoners should continue to be as large as 
 it is now, additional shop room will be necessary for them to 
 labor in. 
 
 The northeast and southeast fronts of the exterior walls of 
 the present solitary prison, as well as the chimnies to this build¬ 
 ing, have needed repairing for several years, and their condition 
 is such as to require immediate attention. 
 
 This subject was submitted to the inspectors, who, after 
 thoroughly examining the building, were unanimous in their 
 decision that no time should be lost in putting it in thorough 
 repair. This expenditure will be somewhat large, as well as an 
 unusual one; and, as no appropriation has been made for it, 
 the tax upon the ordinary funds of the prison to meet this out- 
 
1851.] 
 
 HOUSE—No. 15. 
 
 23 
 
 lay will be such, it is feared, as to render it necessary to ask the 
 Legislature to refund the amount used from the prison treasury 
 for this purpose. 
 
 The sum appropriated from the prison funds to the ordinary 
 repairs of the prison buildings has been much larger the past 
 summer than usual, though nothing has been done to them 
 which was not deemed absolutely necessary for the preservation 
 and “ protection of the public property,” and for the better ac¬ 
 commodation of the prisoners employed in the various depart¬ 
 ments of labor. 
 
 By the act of May 3d,‘ 1850, chapter 289, section 1, 11 the 
 warden, with the concurrence of one or more of the inspectors, 
 is authorized to inflict corporal punishment upon the convicts, 
 in cases only where other methods have failed to produce peni¬ 
 tence, and they find such punishment necessary to maintain the 
 discipline of the prison.” The same act requires, “ that the 
 warden, in his annual reports, shall state the whole number of 
 stripes inflicted, the number of convicts upon whom they have 
 been inflicted, and the circumstances attending each case.” 
 
 The chairman of the board of inspectors announced to the 
 prisoners that the law prohibiting the use of corporal punish¬ 
 ment had been repealed, and that the Legislature had enacted 
 a law, authorizing the warden to inflict such punishment when 
 it should seem necessary for the maintenance of good order and 
 discipline in the prison, which authority would be exercised 
 whenever an occasion should require it. The influence of this 
 law upon the convicts, and upon the welfare of the prison, has 
 proved beneficial, not only in strengthening the government of 
 the prison in its means of subduing the more turbulent and re¬ 
 fractory among its inmates, but in reducing the number of cases 
 of solitary confinement for violations of the rules and regula¬ 
 tions of the prison. The knowledge of the prisoners that the 
 power to inflict this punishment is in the hands of the govern¬ 
 ment of the prison, and that it has the authority of legislative 
 sanction, is of itself sufficient to deter many from ever placing 
 themselves within its reach. 
 
 No one who is not lost to the feelings of sympathy—to a con¬ 
 sciousness of the weakness and failings of his fellow man, and 
 to his liability to fall by temptations which he has not the firm¬ 
 ness or the moral power to withstand—can ever feel it to be a 
 
24 
 
 STATE PRISON. 
 
 [Jan. 
 
 pleasant duty to impose upon a criminal physical suffering of 
 any kind ; and though the heart of him, whose duty it may be 
 to administer corporal punishment under the present law, should 
 become somewhat callous to the better promptings of human¬ 
 ity, still, while the law which authorizes its use is so carefully 
 guarded, there can be but little room for its abuse. 
 
 Since the passage of the law here referred to, the number of 
 convicts in this prison has been larger than was ever before 
 known here. Besides this, the confusion attendant upon the 
 enlargement of the cabinet shop, and the alteration of the other 
 workshops within the prison walls, together with the interrup¬ 
 tions to good order caused by the addition which is being made 
 to the prison buildings under legislative enactment, have all, to 
 no small degree, increased the difficulty of maintaining good 
 discipline in the prison, and has caused among the prisoners, in 
 many instances, a more frequent breach of the rules of the pris¬ 
 on than would have been likely to occur under more favorable 
 circumstances. 
 
 Notwithstanding the disadvantages arising from this state of 
 affairs in and around the prison, it is highly gratifying to be 
 able to state, that it has been found necessary in three instances 
 only to obtain the concurrence of the inspectors for the infliction 
 of corporal punishment. In one of these instances, the prisoner, 
 after being made sensible of the position in which he had, by 
 his misconduct, placed himself, gave such assurances to the 
 warden of his determination to conduct himself for the future 
 in an exemplary manner, and to conform willingly and cheer¬ 
 fully to the rules of the prison, as induced him to release the 
 convict without the infliction of stripes. 
 
 The other two cases were as follows, viz.: No. 1. For inso¬ 
 lence to his officer, refusing to obey orders, making a disturbance 
 in his shop and cell, and for general misconduct in repeated in¬ 
 stances—1 stripe. 
 
 No. 1 again. For repeated violations of the rules of the pris¬ 
 on, disregarding the directions and admonitions of his officer, 
 and also the counsels and admonitions of the warden and 
 deputy warden, in repeated instances, and for insolence in man¬ 
 ner and language—3 stripes. 
 
 No. 2. For an unprovoked attack upon a fellow prisoner, by 
 striking and wounding him upon the head with a stone ham¬ 
 mer, inflicting a blow which endangered his life—5 stripes. 
 
1851.] 
 
 HOUSE—No. 15. 
 
 25 
 
 However much the necessity for the infliction of stripes may 
 be regretted, or however much it may be looked upon by some 
 as a species of barbarism, yet a prison appears to be the last 
 place for trying the experiment of governing some of its inmates, 
 and among these some of the worst members of society, without 
 this means of enforcing obedience. Let this experiment be first 
 tested in the homes of childhood, where parental affection may 
 win, or authority command, implicit obedience and submission 
 to wholesome restraints, and let the power to influence and gov¬ 
 ern the youthful mind, thus obtained, be continued and strength¬ 
 ened in the government of the public schools in our land, and the 
 young made to love goodness and virtue, and to reverence whole¬ 
 some laws, both Divine and human ;—then there might be some 
 hope of success in an attempt to govern a prison by placing be¬ 
 fore the prisoner ennobling examples of moral power, and by 
 appeals to the higher sentiments of the human heart. 
 
 In the amount placed at the disposal of the commissioners, to 
 defray the expense of erecting the new prison buildings, it is 
 found that there has not been any sum appropriated for the 
 erection of a wall to enclose the addition which is now being 
 made to the prison, under the direction of the commissioners. 
 Unless the new wing, which Austin Street bounds, and which 
 is designed for lodging-rooms for the convicts, is enclosed by a 
 suitable wall, it will not only be accessible from said street, but 
 so near to it as to present a strong temptation to those travel¬ 
 ling this street to approach the windows for the purpose of in¬ 
 specting the interior of the building, or to seek an opportunity 
 for holding communication with some of those who may be 
 confined within its walls. 
 
 Whatever may have been heretofore thought of the expedi¬ 
 ency of securing the lands bordering upon the prison premises, 
 in order to exclude nuisances and annoyance from without the 
 prison, there appears to be an imperative necessity for it now. 
 The importance of this subject will naturally present itself to 
 his excellency, as well as to the early attention of the legisla¬ 
 tive committee on prison affairs. The prison has been exposed 
 to imminent danger from a serious conflagration which has just 
 taken place immediately under its walls, exciting the serious 
 apprehensions of the officers and others as to its safety, and cre- 
 4 
 
26 STATE PRISON. [Jan. 
 
 a ting fear and consternation among those of the prisoners to 
 whom its ravages were most immediately visible. 
 
 By chapter 108 of the General Laws of 1849. it is required 
 that such sums of money be paid over to the agent of the State 
 for aiding discharged convicts, to be expended by him for their 
 benefit, as have been previously authorized by section 53, chap¬ 
 ter 144, of the Revised Statutes, to be paid to the convicts 
 themselves, on their discharge from prison. By this act, the 
 warden cannot, at his discretion, when necessity or conven¬ 
 ience seems to require, pay the amount to the convict himself; 
 but must, in all cases, send him to the agent, however inconven¬ 
 ient it may be for the convict to visit him. The warden is 
 ignorant of the ground upon which this law was founded. To 
 many of the convicts, and among them some of the best dis¬ 
 posed and most exemplary, this law is very annoying. To 
 some it is an unpleasant requirement, that they are made to call 
 upon the agent; to others it is attended with inconvenience, and 
 subjects them to delay in reaching their homes and their friends. 
 •Convicts, for a long time, have been allowed to anticipate a 
 .part of the sum which would be paid them on discharge from 
 prison, in additional or better articles of clothing than are usually 
 allowed them under the 53d section of the 144th chapter, which 
 provides that they shall be furnished with decent clothing on 
 their discharge from prison. Many of them would invest all 
 the sum they are to receive on their discharge, in making their 
 •clothing a little more than decent, that, by so doing, they may 
 avoid the necessity of calling upon the agent to spend their 
 money for them. Most of those who need the assistance of the 
 agent would as readily avail themselves of it without being 
 compelled to go to him; and those who do not wish or need his 
 .assistance, and who have friends standing ready to take them 
 by the hand and aid them in their honest endeavors to provide 
 for their own wants, feel it a hardship to be required to present 
 themselves to his notice. They resort to various expedients to 
 avoid this exigency, and would, were it allowed, take all the 
 sum to be appropriated to them, in any article of clothing, rather 
 than call upon the agent to expend it for them. 
 
 If the arguments in favor of the law are such as to merit its 
 continuance, might it not be made to answer its original design, 
 •and yet be so modified as to permit the government of the pris- 
 
4 . 
 
 1851.] HOUSE—No. 15. 27 
 
 on to exercise some discretion with those who know their wants, 
 and are capable of providing for them. 
 
 It appears necessary that a new work-shop should be erected, 
 or one of the present shops enlarged, for the better accommoda¬ 
 tion of the convicts. Some, whose labor is comparatively un¬ 
 productive, might be more profitably employed, if there were a 
 suitable place in which they could be put at work. Every shop 
 in the prison is now filled to overflowing, and still there is a 
 want of room. Besides, if the number of prisoners should, at 
 any time hereafter, be smaller than now, the additional room, if 
 furnished, would then be serviceable as a drying room for cloth¬ 
 ing. Much inconvenience has for a long time been experienced 
 from the want of a room for this purpose, especially in the win¬ 
 ter season, when the extra clothing furnished the prisoners in¬ 
 creases the amount of washing to be done for them, and the 
 necessity for a suitable place in which their clothing may be 
 dried. 
 
 A large portion of the wooden balustrade upon the top of the 
 southeast wall of the prison has just been destroyed by fire, 
 caused by the conflagration which took place immediately out¬ 
 side of this wall; and some parts of the balustrade upon other 
 portions of the wall around the prison, will require repairing, 
 and should be attended to in the spring or summer of next year. 
 To carry out the above objects will be an extra expenditure, 
 and render it necessary to ask pecuniary aid from the Legisla¬ 
 ture, to meet these outlays. 
 
 There has not been any serious interruption to the business 
 affairs of the prison, during the past year. The labor of the 
 convicts has been as productive as in former years, and the in¬ 
 come from it has been sufficient to meet the usual expenses for 
 the support of the institution. 
 
 The gross earnings of the convicts are generally smaller, and 
 the expenses for their support larger, in the winter months than 
 in the summer ; consequently, the income of the prison, during 
 the first six months of the past year, was not quite sufficient to 
 meet its expenses. 
 
 By the statements of the receipts and expenses of the prison, 
 found at the end of this report, it will be seen that the item for 
 repairs of real estate is larger, for the past six months, than it 
 has been for several years, and that the prison has been sub- 
 
28 
 
 STATE PRISON. 
 
 [Jan. 
 
 jected to extra expenditures, made necessary on account of the 
 new prison buildings;—these, together with the extra officers 
 which have been required, and the cost of building the addition 
 to the cabinet shop, authorized by the Board of Inspectors, 
 amounting in all to upwards of $3,000, have been paid from 
 the prison treasury without crippling its means of meeting the 
 usual claims which are made upon it for the support of the 
 institution. 
 
 The amount of income over the expenses of the prison, for 
 the past six months, after paying all outstanding debts, is shown 
 to be $2,946 55. 
 
 This prison has heretofore held a high rank in public estima¬ 
 tion, for its good discipline, and for the humanity with which 
 its inmates have been treated. The present government of the 
 prison has endeavored to conduct its affairs in such a manner 
 as to merit a continuance of public favor. Whilst wholesome 
 restraint and discipline are firmly yet humanely enforced, the 
 great object of confinement has not been forgotten in applying 
 restraints or in exercising authority over those who, by the vio¬ 
 lation of law, have subjected themselves to its penalties. 
 
 In closing this report, I cannot but recognize the mercies of a 
 kind Providence, in the general good health and quiet which 
 has prevailed during the past year. While the number in con¬ 
 finement has been larger than ever before, and while the pro¬ 
 portion of prisoners who have broken or shattered constitutions, 
 and who are suffering from the incipient stages of disease, is 
 much above the average, still, there has been but six deaths— 
 only a fraction over one per cent. 
 
 The warden here expresses his obligations to the Board of 
 Inspectors, for the support they have uniformly given him, in 
 his efforts to improve the general condition of the prison and its 
 inmates; for the harmony which has marked his daily inter¬ 
 course with the chaplain and physician of the prison, he feels 
 himself under obligations to them; and also to the deputy war¬ 
 den and clerk, for their cheerful cooperation and fidelity on all 
 occasions. He would not fail to notice, in this connection, the 
 prompt and faithful attention of the subordinate officers gener¬ 
 ally, in the performance of the arduous and responsible duties 
 devolving upon them. 
 
 The accounts and vouchers for the past year have been ex- 
 
1851.] 
 
 HOUSE—No. 15. 
 
 29 
 
 amined and approved by the inspectors, and will be deposited 
 in the office of the treasurer of the Commonwealth. 
 
 The following schedules present a semi-annual statement of 
 the disbursements and income for the year closing on the 30th 
 of September, 1S50:— 
 
 Disbursements and Income , for six months , from October Is/, 
 
 1849, to March 31s/, 1850. 
 
 Dr. Cr. 
 
 To Cash paid— 
 
 
 
 By amount of income in— 
 
 For Provisions, 
 
 $5,310 
 
 96 
 
 Stone Department, 
 
 $7,108 17 
 
 Hospital Department, . 
 
 154 
 
 58 
 
 Labor Department, 
 
 9.244 03 
 
 Clothing “ 
 
 3,772 
 
 05 
 
 Visitors’ Fees, 
 
 518 25 
 
 Expense “ 
 
 3,178 
 
 70 
 
 Rents, . . . . 
 
 114 95 
 
 Officers’ Salaries, 
 
 8,363 
 
 95 
 
 
 $16,985 40 
 
 Prisoners on Discharge, 
 
 244 
 
 00 
 
 By deficit of income to 
 
 
 - 
 
 
 
 meet expenses, for six 
 
 
 Transports of Prisoners, 
 
 207 
 
 50 
 
 months, from October 
 1, 1849, to March 31, 
 
 
 Repairs of Real Estate,. 
 
 78 
 
 05 
 
 1850, 
 
 4,867 23 
 
 Repairs of Cabinet Shop, 
 
 271 
 
 34 
 
 
 
 Night Watch in Prison 
 
 
 
 
 
 Yard, 
 
 271 
 
 50 
 
 
 
 
 $21,852 63 
 
 
 $21,852 63 
 
30 
 
 STATE PRISON. 
 
 [Jan. 
 
 Disburseme?its and Income , for six months, from April 1st , 
 
 to September 30 th, 1850. 
 
 Dr. Cr. 
 
 To Cash paid— 
 
 
 By amount of income in— 
 
 For Provisions, 
 
 #6,350 79 
 
 Stone Department, 
 
 . #16,733 20 
 
 Hospital Department, . 
 
 143 94 
 
 Labor Department, 
 
 . 10,804 83 
 
 Clothing “ 
 
 2,074 93 
 
 Visiters’ Fees, 
 
 . 1,147 50 
 
 Expense “ 
 
 2,119 10 
 
 Rents, . 
 
 146 00 
 
 Officers’ Salaries, . 
 
 8,943 78 
 
 
 
 Prisoners on Discharge, 
 
 177 50 
 
 
 
 Transporting Prisoners,. 
 
 147 58 
 
 
 
 Repairs of Real Estate, 
 
 749 67 
 
 
 
 Night Watch in Prison 
 Yard, 
 
 274 50 
 
 
 
 Enlargement of Cabinet 
 Shop, 
 
 2,063 19 
 
 
 • 
 
 Expenses attending the 
 erection of New Pris- 
 on, • • • • 
 
 317 46 
 
 
 9 
 
 Interest Account, . 
 
 46 25 
 
 
 
 
 #23,408 69 
 
 ♦ 
 
 
 To this amount, being the 
 income over the dis¬ 
 bursements of the pris¬ 
 on, for six months, end¬ 
 ing Sept. 30, 1850, . 
 
 5,422 84 
 
 9 
 
 
 
 #28,831 53 
 
 
 #28,831 53 
 
 There are a few demands against the prison which are unpaid, 
 the same not being yet due; they are chiefly for supplies for the 
 stone department, amounting in all to $2,476 29, which, by be¬ 
 ing deducted from the above balance, will leave $2,946 55 as 
 the net amount of earnings over the expenses of the prison, for 
 the past six months. All which is submitted by 
 
 HENRY K. FROTHINGHAM, Warden. 
 
 Mass. State Prison , Charlestown , 
 
 September 30, 1850. 
 
1851.] 
 
 HOUSE—No. 15. 
 
 31 
 
 To His Excellency, George N. Briggs, Governor, and the Hon¬ 
 orable, the Executive Council, of the Commonwealth of Mas¬ 
 sachusetts. 
 
 The Chaplain of the Slate prison asks leave to present the 
 following brief report for the year ending September 30, 1850. 
 He regrets that he has nothing of special interest to communi¬ 
 cate, growing out of his appropriate department of labor; still, 
 he is happy to say that, for the most part, a very commendable 
 attention and apparent inteiest have been manifested, on the 
 part of the prisoners, in the various religious duties and instruc¬ 
 tions, both of the Sabbath, and our morning and evening sea¬ 
 sons of devotion. He has also been gratified with the results of 
 his almost daily interviews with the prisoners in private. In al¬ 
 most all instances, advice and counsel, plainly, yet affection¬ 
 ately given, have been received with a docile and kindly spirit; 
 and it is confidently believed, that the results, in most instances, 
 have been salutary on their minds and hearts, and leading 
 them to a more cheerful and habitual submission to the neces¬ 
 sary and salutary rules and discipline of the prison. 
 
 In connection with these brief remarks, the undersigned 
 would not disguise the fact, that during the past year, he has 
 met with much to dishearten and discourage him in his desire 
 and efforts to do good, among those for whose benefit he labors. 
 
 This has arisen, almost wholly, from the very great increase 
 in the number of prisoners received, and the consequent crowded 
 state of our night rooms. About one third of the whole num¬ 
 ber have, of necessity, been confined at night, and at their 
 meals, in the cells of the old prison, with from two to seven in 
 a cell, according to their size and capacity for lodging-rooms. 
 To expect that silence and salutary discipline can be main¬ 
 tained in such circumstances, or that a wholesome moral in¬ 
 fluence can be successfully exerted, would be to set aside, as 
 useless, the whole mass of facts derived from the experience of 
 the past; to close our eyes to the well known connection be¬ 
 tween causes and their legitimate effects, and to discard the 
 plainest dictates of reason. 
 
32 
 
 STATE PRISON. 
 
 [Jan. 
 
 We would not presume to limit the power of the Almighty; 
 but to hope that depraved men, thus congregated, and having, 
 during many hours of the day and night, a free and almost un¬ 
 restrained intercourse with each other, can be reformed and 
 made better, is to hope against hope; and yet, through the un¬ 
 ceasing and untiring vigilance of the warden and deputy war¬ 
 den, seconded by the faithful cooperation of the officers of sub¬ 
 ordinate grades, a discipline has been steadily maintained, 
 which, in circumstances so untoward, could hardly have been 
 anticipated. 
 
 But it is cheering to look forward to a period, not, as we 
 fondly trust, far distant in the future, when the clouds which 
 now hang over us shall be dissipated, and a new and brighter 
 era dawn upon us. We are anxiously looking forward to the 
 completion of the additional prison buildings which are now 
 being erected, when there will be a sufficient number of cells 
 for the separate confinement of all the inmates of the prison. 
 We may then rationally hope for results, both in discipline and 
 morals, far different from those which can be anticipated in cir¬ 
 cumstances by which we have been harassed and crippled 
 during the past year, and which exist at the present time. 
 
 It may be proper further to remark, that during the same pe¬ 
 riod, much unavoidable embarrassment and inconvenience have 
 been experienced from the fact, that our chapel or place of wor¬ 
 ship has proved altogether too small for the accommodation of 
 our greatly increased number of convicts. After crowding, to 
 their utmost extent, all the seats which can be placed in the 
 chapel, it has been found necessary to stow away , and without 
 any convenient seating, a large number in the barber’s shop, 
 contiguous to the chapel, in the rear of the desk, and where 
 they are altogether concealed from the eye of the speaker. But 
 even in this unpleasant predicament, the prospect, that in the 
 course of another season the large, airy and well lighted chapel, 
 which is now being built, will be ready lor occupancy as a 
 place of worship, gives cheering hope of a brighter day in the 
 future. 
 
 During the past year, from October 1st to the 1st of June fol¬ 
 lowing, our Sabbath school was conducted as in former years, 
 being instructed by about thirty teachers from the various 
 churches in Boston and Charlestown. On the 1st of October of 
 
1851.] 
 
 HOUSE—No. 15. 
 
 33 
 
 the present year, the time when it is customary to commence 
 the school, it was found to be wholly impracticable, owing to 
 the greatly augmented number of the prisoners, and the lack of 
 room to accommodate those who were desirous to become mem¬ 
 bers, to organize and conduct the school in the customary man¬ 
 ner. Accordingly, on consulting the warden on the subject, it 
 was judged expedient, in existing circumstances, to organize 
 the school by bringing into it the more ignorant and unlearned 
 of the convicts, who either could not read, or could read but 
 poorly, who might wish to avail themselves of the advantages 
 thus afforded them, for mental improvement. An interesting 
 school was thus gathered, consisting of between sixty and sev¬ 
 enty prisoners. This number is divided into about twenty 
 classes, instructed by a corresponding number of our most intel¬ 
 ligent and trustworthy convicts, under the immediate supervis¬ 
 ion of the warden or deputy warden, the chaplain, and one of 
 the subordinate officers. The school is making commendable 
 progress, and promises to be productive of great good to those 
 who enjoy its advantages. In addition to the scholars above 
 referred to, we have an interesting class, of about fifteen con¬ 
 victs, who have been seamen , all of whom can read, instructed 
 every Sabbath, during school hours, in the barber’s shop, by 
 Rev. Mr. Sullivan, missionary to seamen in Boston, and who, 
 in former years, was a sea captain. In the true spirit of Chris¬ 
 tian benevolence, he tendered his services to teach a class of 
 sailors , and we were most happy to avail ourselves of his kind 
 offer. His class are much interested in his instructions ; and it 
 is not too much to believe, that they will prove highly salutary 
 to those who receive them. 
 
 Our school is constantly increasing in number, from the 
 ranks of those, who, from week to week, become the inmates of 
 the prison from without. The school, we think, promises to be 
 useful, both to the scholars, and to those who are their instruc¬ 
 tors. 
 
 Whenever our spacious new chapel shall be completed, so 
 that all who may wish to become members of the school can be 
 furnished with seats, the school will be organized and con¬ 
 ducted as it has been in former years. Necessity, and that 
 alone, has led to the course above referred to ; and it is believed 
 it will meet the approbation of all who are fully aware of our. 
 
 5 
 
34 
 
 STATE PRISON. 
 
 [Jan. 
 
 present situation. We have spoken thus at length on this sub¬ 
 ject, from the fact, that some persons, doubtless from misappre¬ 
 hension of our motives, have complained of our want of interest 
 in the spiritual wants of the inmates of the institution. Time 
 will show. 
 
 The undersigned feels it to be unnecessay to protract, farther, 
 this Report, by touching on other topics, as the Reports of the 
 honorable board of inspectors, and those of the warden and 
 physician, will, doubtless, embrace everything necessary to a 
 .correct understanding of the various affairs and interests of the 
 institution. But he cannot close without expressing his sense 
 of the debt of gratitude due from all connected with the prison, 
 to Him, who has, during the past year, so mercifully watched 
 over it, and conducted us, in safety, through its changes and 
 trials. 
 
 To the warden, deputy warden, and all in subordinate sta¬ 
 tions among the officers of the prison, he feels under the strong¬ 
 est obligations for their uniform kindness, and the facilities and 
 help they have afforded him in the discharge of his official du¬ 
 ties. All which is respectfully submitted. 
 
 JARED CURTIS, 
 Chaplain of the Mass State Prison. 
 
 Mass. State Prison , Dec. 1S5Q. 
 
 
1851.] 
 
 HOUSE—No. 15. 
 
 35 
 
 To His Excellency , George N. Briggs, Governor of the Com¬ 
 monwealth of Massachusetts , and the Honorable Council. 
 
 The undersigned respectfully reports upon the state of the 
 physician’s department, and the health of the convicts during 
 the past year, as follows : 
 
 The amount of sickness which has occurred, estimated by 
 the hospital records, and such data as can be expressed numeri¬ 
 cally, has not varied much from the average of the past five 
 years. There have been admitted into the hospital as patients, 
 one hundred and thirty-eight. The aggregate amount of days 
 spent there by these patients has been nineteen hundred and 
 twenty; of which, it should be stated a large amount is refer¬ 
 able to the cases of five or six very feeble prisoners, who spend 
 a large proportion of their time there. Besides these instances 
 of more serious illness, there have been admitted as invalids for 
 a day, five hundred and two; and as many more days of light 
 labor have been allowed at my suggestion. 
 
 Compared Avith the five past years, the number of cases of 
 sickness, thus made the subject of medical prescription, have 
 been—Admissions to the hospital, 
 
 In 1849-50 . 138 
 
 1848- 9 . 139 
 
 1847- 8 . 90 
 
 1846- 7 . 102 
 
 1845- 6 . 58 
 
 Number of days spent in hospital, and lost to labor : 
 
 1849- 50 . 1,920 
 
 1848- 9 . 1,162 
 
 1847- 8 . 875 
 
 1846- 7 . 913 
 
 1845- 6 . 883 
 
 Number of days lost to labor by those invalided for the day : 
 
 1849- 50 . 502 
 
 1848- 9 . 677 
 
 1847- 8 . 573 
 
 1846- 7 . 682 
 
 1845-6 . 644 
 
36 
 
 STATE PRISON. 
 
 [Jan. 
 
 Of course, the physician’s duties are not merely limited to 
 prescriptions for the sick, but extend also to giving advice to 
 those who have premonitory symptoms (real or fancied) of ill¬ 
 ness, and who, by the liberal latitude of the regulations applying 
 to his department, are permitted to make known their com¬ 
 plaints. These applicants are not classed under the above 
 heads of patients, or invalids, but may properly be alluded to 
 in this connection, as forming a part of the subjects of medical 
 treatment within the institution. I find the number of such ap¬ 
 plications to amount to an average of twenty-three daily. 
 
 Of the kind of diseases which have prevailed, I am not aware 
 of anything peculiar in their character, as differing from those 
 which have occurred in the community at large. Diarrhoea has 
 always been somewhat more noticeable here in the summer 
 months, than without the prison walls, but has yielded readily 
 to remedies, and change of diet. Cases of consumption and pul¬ 
 monary diseases have been of more frequent occurrence than 
 on some previous years, and these have required a longer de¬ 
 tention in the hospital than any other maladies. 
 
 The mortality of the prison has been considerably larger this 
 year, than the average for the five past years. Six deaths have 
 occurred, in a total of 570 different prisoners during the year, 
 and among a general average of 411 in confinement at all times. 
 From January, 1845, to the commencement of the present year, 
 the whole number of deaths had only been seven. 
 
 The names and diseases of the deceased the past year, arc as 
 follows: 
 
 John Montgomery, a Scotchman by birth, of the age of forty- 
 three, who died of strangulation of the bowels, occasioned by a 
 wound he received when a boy, by being struck with a pointed 
 file. The instrument punctured the coats of the abdomen, and 
 left an opening on the inner side, which had never closed up; 
 through this aperture, the intestine made its way, and produced 
 the strangulation referred to. Owing to his fleshy habit, there 
 was no external evidence of it, though I suspected the existence 
 of some such disturbing cause. He made no mention of the old 
 difficulty, till all hope of relief by an operation had gone by. 
 Probably a seasonable performance of a surgical operation 
 would have saved his life. 
 
 Peter Delaney, an Irishman, died in October, of consumption, 
 
1851.] 
 
 HOUSE—No. 15. 
 
 3 7 
 
 aged sixty-six years. He had been in prison about two years, 
 for larceny. He came here with a severe cough upon him, and 
 was always allowed some easy occupation. 
 
 John Twiggs, Irish, died in November, aged nineteen years, 
 of consumption. He had about four months to remain in 
 prison. He came here in imperfect health. 
 
 Charles Drew, a native of Maine, died also of consumption, 
 aged twenty-three years. He had four months longer to stay. 
 
 I am unable to say in what condition of health he entered the 
 prison. 
 
 William Knowlton, a native of Worcester county, died in 
 June, of the present year, aged twenty-three years ; also of con¬ 
 sumption. He had been sentenced here for life, for murder, his 
 sentence having been commuted from death, by the Executive. 
 He did not survive his imprisonment here but four months, be¬ 
 ing so seriously ill when he came as never to be able to labor, 
 or leave the hospital, but for a few days. 
 
 William H. Merrow, also died of consumption, at the age of 
 twenty-seven. He was a native of Maine. He had been here 
 but six months upon a sentence of ten years; but was a man of 
 feeble constitution. 
 
 Several circumstances affecting the health of the prisoners, 
 and connected with the results which are above reported, de¬ 
 serve special notice. 
 
 In the first place, the over crowded condition of every part of 
 the prison during the past year, which the contemplated addi¬ 
 tion to the present buildings is designed to relieve, has operated 
 to the disadvantage of the physical well-being of the convicts. 
 The number of prisoners has been so much greater than the 
 number of cells, that six, and even seven, have occupied a sin¬ 
 gle cell, throughout the old prison; and in the hospital, every 
 bed has been assigned to some convict, till it was required for 
 the sick. As the remedy for these evils is being applied as rap¬ 
 idly as practicable, I think it unnecessary to make any further 
 allusion to them, than to say that I regard it as extremely fortu¬ 
 nate that we have thus far escaped any epidemic. 
 
 Besides the serious injury to ventilation, of having the work¬ 
 shops and cells so greatly crowded as they have been at all times 
 the past year, the warden has felt it necessary, in consequence of 
 this great increase of numbers, and the disordered state of the 
 
38 
 
 STATE PRISON. 
 
 [Jan. 1851. 
 
 prison premises, to cut off a class of sedentary operatives from 
 an allowance of exercise in the open air, which they have for a 
 few years past enjoyed to their great advantage. I refer to a 
 privilege which the tailors, shoemakers, and other laborers en¬ 
 gaged in confining employments, have had extended them, of 
 walking in the yard fifteen or twenty minutes, at some time 
 during the day. This has been discontinued, in consequence 
 of the danger of escapes, and the difficulty of preventing im¬ 
 proper communication between the convicts. 
 
 Another matter operating to the disadvantage of the health of 
 the convicts during the past year, but which I hope is now in 
 the process of removal, has been the mode of inflicting the pun¬ 
 ishment of solitary confinement upon refractory convicts. In 
 my last annual report, I took the liberty of calling attention to 
 this subject, and described the mode in which these cells are oc¬ 
 cupied, for punishment; and remarked, that with the present 
 construction of the cells, now used for this purpose, it needed 
 no physician’s opinion to settle the question of its injurious 
 effect upon the health of those subjected to it. As the additions 
 to the buildings, now contemplated, are intended to furnish a 
 sufficient number of cells, and of suitable dimensions, for the 
 separate confinement at all times of such refractory convicts, I 
 trust the occasions of resorting to such confinement as is now 
 inflicted for this purpose, will be infrequent. 
 
 During the past year, three convicts have been removed 
 to the State Lunatic Hospital, by a vote of the commissioners of 
 lunacy. One of them became insane while at the prison, the 
 other two came here laboring under the disease. It is worthy 
 of remark, that no case previous to these has required the de¬ 
 cision of the board since May, 1848. 
 
 Respectfully submitted, 
 
 JON A. W. BEMIS, 
 
 Physician of the Massachusetts State Prison . 
 
 Charlestown , December , 1850