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PENITENTIARY INSTITUTION.

To the honourable Senate and House of Delegates.

GENTLEMEN,

PENITENTIARY OF VIRGINIA,
DECEMBER 18, 1846.

I have been informed that the remark in the late message of his excellency, Gov. Smith, in regard to the penitentiary, "that the system is inherently wrong, or that there is something very defective in its administration," has been construed into a censure upon those to whom its management has been confided by the governor himself and by your honourable predecessors. It gives me great pleasure to say, that I had the assurance of his excellency the governor, before the communication of the message, that in the changes which he designed to recommend, no censure whatever was intended towards any officer connected with the institution; and that his object was the improvement of the system as far as practicable. Important as it is, to the public in-. terests, that perfect harmony and confidence should exist between the executive and public officers, I would nevertheless, feel a diffidence in taxing you with the time to hear this explanation for the purpose of satisfying you on this point merely; but as it might be inferred that there was some deep and radical impediment to the success of the institution as a manufacturing establishment, or that the principles upon which the legislature has heretofore required the accounts to be made up and stated were so defective as to imperil the public interests, I trust I may be excused for making such general explanation now, as may satisfy your honourable body, that although the system may be defective, it has nevertheless improved, and is improving.

The directory of the penitentiary is composed of five intelligent gentlemen, appointed annually by his excellency, the governor, who meet once a week or oftener at the penitentiary, with general supervisory powers, as to the entire subject of manufactures, repairs and improvements, care of the sick, and in the regulation of prices of goods, the settlement of accounts, and the keeping of proper books of account between the several wards of the institution, between the general agent and the institution, and between the commonwealth and the institution, in which all proper charges and credits are entered and properly stated. No charges are made against the commonwealth without the approbation and approval of the board; nor has the board or any officer of the institution any interest in the charges made against the commonwealth or individuals. The law has made them impartial arbiters between the commonwealth on the one hand, and the unfortunate malefactors on the other; while it has left them free from the influence of self interest in all transactions between the good citizens of the commonwealth and the institution; and wisely designed to secure for the prisoner, that high and holy benevolence which the very name of the institution implies, as well as that example of strict justice to those who patronize the establishment, which the honour and dignity of the state so properly demand.

It would be too tedious to recount the many difficulties under which the institution laboured for many years, both in regard to its fiscal arrangements and its internal operations, and from which, by much patient investigation and many wise enactments, it is now emerging.

Your honourable body will indulge me with the remark, that it was said when I had the honour of taking charge of the institution, that it had attained its highest point of success as a manufacturing establishment; but justice alike to all concerned in its management since, will excuse me in what I am about to state. The earnings of the prison for the four years which ended six months after I took charge of it, amounted to an average of $ 16,781 13 cents per annum, or $100 48 cents a year for each person in prison. The cholera intervened and greatly diminished the number of operatives, and for a time the amount of earnings; but both have increased, and the latter until the aggregate amount last year was $26,414 26 cents; an increase, since I have had charge of the institution, of $9633 13 cents; and it gives me pleasure to state that the advantages which will be derived from the improvements, now making in the shops, will give ample room (which has not hitherto been sufficient,) for the recently enlarged number of convicts, still further to increase the earnings.

The average amount now earned by each prisoner is $120 per annum; being more than was earned in either of the 12 penitentiaries of Washington City, Philadelphia, Pittsburgh, New Jersey, Auburn, Sing Sing, Michigan, Ohio, New Hampshire, Connecticut, Rhode Island or Massachusetts, (all of which, together, make an average earning of $77 13 cents,) according to the last reports received; but less than those of Maine, Maryland, Georgia and Louisiana; which together, averaged $168 12 cents.

In regard to expenditures-by the revised laws of 1819, the compensation of the directors and the salaries of all the officers, and physician, were fixed and made payable out of the public treasury, as the salaries of other public officers are paid. The rations were purchased by a contractor, and also paid for out of the treasury.

This insured the great end of the institution-that of the safe imprisonment and support of convicts, without regard to the hazard of commercial pursuits, or the doubtful success of making skilful manufacturers out of all conditions of persons; who, from vice, misfortune, or accident, may become involved in the common destiny of the criminal. Indeed, through all the mutations of the institution in forty-six years, this principle has not once been departed from, nor can it be, without abandoning all hope of the diminution of crime. While the legislature always designed that every degree of prudence and economy should be exercised in the administration of the affairs of the institution, and as far as practicable upon the principles of penitential punishment, that the treasury should be indemnified; yet that body has never placed it in the unenviable condition, that those who administer its affairs should look to a large accession of criminals, and large returns to the treasury, as a guarantee for the public approval of their conduct, on their continuance in office. On the contrary, the highest success of this institution is found in its being more reformatory, according to the best tests, than any other in the United States, so far as can be ascertained; that is, there are fewer 2d, 3d and 4th committals, and a less number of persons imprisoned, in proportion to the population, than in the penitentiaries of other states.

The recommittals in the 46 years of its existence, amount only to 4 per cent., while in other prisons they range from 11 to 16 per cent. Upon an average of thirty-one years there has been but one white person imprisoned annually for every 15,230 whites; and one free coloured person for every 3230 blacks. Within the last

year, the whites received amounted to one for every 17,232, and the blacks to one for every 4984; and the two colours together, to one in 14,645. From which it will appear that the proportion of crime is diminishing. This is a less proportion imprisoned, by far, than in any other state. It appears from an average of seventeen states that of all free persons taken together, there was one imprisoned for every 6444.

Since I have had charge of the institution the expenditures have been enlarged by various acts of assembly increasing the compensation of the physician, agent and all the officers except the directors, clerk, and superintendent; that of the physician and other officers to the aggregate amount of $1450; and of the agent, from 7 to 8 per cent. on the amount of sales; and the duties of contractor for provisions have been devolved on the superintendent. Still, however, the compensation of no one connected with the institution is out of proportion to that of other public officers, whose services and responsibilities are no greater, and who are less exposed to risk, danger and privation. The economy observed in the administration of the affairs of the institution may be seen by the following statement. The average number of persons imprisoned in the last year was 220; the whole cost of diet, paid for out of the treasury, was $3553 19 cents. Cost of hospital stores, paid by the agent, $341 16 cts. ; provisions raised in the garden and used, $352, making $4246 35 cents; being $19 30 cents for each person. The whole value of clothing, made and furnished by the institution, was $2080 91 cents, or $9 46 cents for each. The contingent expenses of the establishment, including the bedding, soap, candles, oil to light the buildings, fuel for running a steam engine, cooking and all other purposes, (but smithing,) and a great variety of necessary contingent articles, paid for by the agent, cost $2621 14 cents, or $11 91 cents for each prisoner. So that, (exclusive of salaries of officers, guards and cost of repairs,) the diet, clothing and contingent expenses amounted only to $40 67 cents per annum, or twelve cents per day for each prisoner, while the state is paying out of the treasury to the jailors for diet and imprisonment from 30 to 371⁄2 cents per day.

The accounts of the penitentiary are made up according to law, expressly to exhibit the results of the manufacturing operations, which I will explain by a short statement of them for the last year, as given more in detail in the report.

1845, Oct.

Charges.

1-To amount of tools, raw materials and manufactures on hand, 1846, Sept. 30-To general agent, for the following articles, &c. furnished in the year, to wit: Raw materials, fuel, contingent expenses, stationery, expenses of garden, $100 worth of goods allowed assistant keepers, each, by law, cash paid discharged convicts, reductions and discounts on goods at the store charged back, and materials for permanent improvements paid by agent as per contra,

To the commonwealth, for money drawn from the treasury, for
compensation of directors, salaries of officers and physician,
and diet of prisoners,

To the penitentiary itself, for provisions raised in garden and used
in the year,

Whole of the charges,

Dr. PENITENTIARY, Cr.

20,993 07

36,273 11

11,628 28

352 00

$69,246 46

Credits.

1846, Sept. 30-By receipts of general agent for cash, accounts, and goods deli

vered in the year,

By receipts for goods delivered lunatic asylum,

By materials for permanent improvements, paid for by agent, (cross
charged above,) goods, and clothes manufactured for convicts
and transports, labour and materials in new shops, and repairs

and improvements at governor's house and capitol square,
repairs, &c. at the penitentiary,

By productions of garden in the year,

By amount of tools, raw materials and manufactures, ($7315
79 cents,) in all

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Leaving a final balance in favour of penitentiary, of

$3,089 33

This is the substance of the general statement of the superintendent between the commonwealth and the penitentiary, and between the general agent and the penitentiary, by which the results of the manufacturing operations are exhibited.

The general statement of the agent's accounts may be shortly stated as follows:

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1846, Sept. 30-To cash, accounts and goods received from the superintendent in

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Cr. JAS. C. SPOTTS, Dr.

40,899 39

45,343 661

86,243 051

43,989 22

$42,253 831

12,141 48

30,112 351

$42,253 831

The following statement will exhibit the accounts between the penitentiary and the commonwealth :

Charges.

1846, Sept. 30-To cash drawn from treasury in the year for salaries of officers

and diet of prisoners,

Credits.

By materials and labour furnished by the penitentiary, and cash
paid by agent for building new shops in the year,

Cr. PENITENTIARY, Dr.

11,628 28

4,263 00

By same, for improvements and repairs at governor's house and
on public square,

1,147 35

By goods furnished lunatic asylum,

635 40

By cash paid into the treasury by agent in the year,

3,000 00

9,045 75

Leaving a balance in favour commonwealth, of

$2,582 53

But if the ordinary repairs to the prison were charged, it would

reduce this balance considerably.

This balance may be paid at any time on the order of the board, and the means are as follows:
Cash and accounts in the hands of the agent,
From which deduct the above balance of

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12.141 48

2,582 53

9,558 95

30,112 35

39,671 30

7,315 79

$46,987 09

From this it will be seen that the institution is fully able to refund to the treasury every cent drawn from it, and chargeable by law on its manufacturing operations.

The governor remarks that the penitentiary "draws about fifteen thousand dollars a year from the treasury." To make up this sum, the cost of bringing prisoners from the jails to the penitentiary is charged; which, last year, amounted to $ 4398 81 cents. The auditor has no lawful authority, that I know of, for making this charge against the manufacturing operations; nor is there any more propriety for doing it, than to charge the jail fees and other expenses of prosecution. The transportation is one of the sources of profit and patronage belonging to the sheriffs and serjeants.

In relation to the interior guard, it will be recollected that it was appointed to perform duties previously done by the public guard-mainly the patrolling of the interior of the prison at night. The irregularities between the convicts and the soldiers, (who necessarily passed in and out of the prison every two hours at night,) became so great and mischievous, (ending in a combination to break the prison,) that the legislature felt it to be a high moral duty to substitute an interior guard, amenable to the directors and superintendent for their conduct. The public guard was not generally full at that time, and it was thought perfectly just and right, to charge the expenses of the interior to the appropriation for the public guard.

The penitentiary is now more prosperous in its pecuniary affairs than at any former period, and it is confidently hoped and believed that it will be fully able to refund to the treasury all moneys now chargeable by law upon it. Heretofore this was not uniformly the case; and a slight diminution of convictions, or an increase of charges might prevent it hereafter.

It will give me great pleasure to communicate to your honourable body any information in my power, calculated to aid your deliberations, upon any alteration or improvement you may deem expedient or proper. Herewith I beg leave to submit a table, made from the reports last received, of the various penitentiaries in the United States, calculated to exhibit many interesting facts, both in a moral and pecuniary point of view. And while I am proud to say that this prison stands first in the scale of moral influence, it is greatly above the majority in favourable pecuniary results.

I have the honour to be, gentlemen,

Your obedient servant,

CHARLES S. MORGAN, Superintendent.

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A TABLE

Giving a Comparative View of the Earnings, &c. of Various Penitentiaries.

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District of Columbia,

June 30th, 1846.

Pennsylvania,
December 31, 1845.

Pennsylvania,
December 31, 1845.

Washington City -The operations of the last year are
not very distinctly given, and the estimates for the
current year are here given, to wit: For receipts for
manufactures in the whole year, $6000; cost of raw
materials, $4009 45, leaving to be earned in the
year, $1990 55. An appropriation in addition to the
earnings of $11,611 45, was asked. In 1840, the
free population of the district consisted of 30,657
whites, and 8361 free negroes. Of those in prison,
(the 1st January 1846,) 33 were whites, being one in
prison for every 929 white persons; and the residue,
35 in number, were blacks, or one in prison for every
239 free blacks. The colours of those received in the
year 1845 are not given in the report,

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Philadelphia.-Cherry Hill penitentiary, on the plan of
solitary confinement, with labour in the cells. Of
those in prison, 245 were whites and 99 blacks. Re-
ceived in the year, 115 whites and 28 blacks, making
143; of whom 17 were second committals to that pri-
son,
being 12 per centum, and 16 had been in other
prisons. From the commencement of the prison, Oc-
tober 25th, 1829, there had been received 1367 whites
and 692 blacks, making 2059. Of this number, 219
were recommitals for 2d, 3d and 4th offences, being
11 per cent.; 258 were received who had been in
other prisons, under from one to five convictions,
Pittsburg.-On the plan of the Philadelphia prison.
There were in prison 109 whites and 21 blacks. Re-
ceived in the year, 59 whites and 11 blacks. The
whole number received in the prison, from the 1st
July 1826 to 1st January 1846, was 931 whites and 184
blacks, being 1115. In 1840 the white population of
Pennsylvania amounted to 1,676,115 whites, and the
coloured to 42,740. There have been imprisoned in
these two prisons, 2298 whites and 840 blacks. Ave-
rage the two at seventeen and a half years, the lar-
ger being less than 16, and the smaller 19, which
would be about equal, and it will determine the ave-
rage annual imprisonment of one for every 12,687
whites, and one for every 892 blacks. The average
of whites and blacks for last year is given in the mar.
gin,

Number in both prisons,

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White and free colour-
ed population in each
state in 1840.

The number of persons
to each convict rec'd
in the year, according
to the census of 1840.

29

39,018 1,345 All free persons.

1,724,969 8,098 Whites and blacks together.

174

1,676,115

39

9,632 Whites separately. 42,740 1,096 Blacks do.

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