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JOHN O'MEARA..

ANNUAL REPORT.

...STATE-PRINTER.

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In compliante with the ninth section of the "Act for the government of the State-Prison convicts, and to provide for the location of a BranchPrison," the undersigned respectfully report to your honorable bodies. As but one copy has been prepared, we beg that the other branch of the Legislature may be informed of its reception.

Our efforts have been constantly directed to reduce the expenses of the Prison, increase the physical comforts of the convicts, and lessen the number of escapes.

In regard to the first, it will be seen that the whole amount drawn from the Treasury under the Act of April twenty-sixth, one thousand eight hundred and fifty-eight, for the support of the Prison, is sixty-three thouand eight hundred dollars. The amount expended for wood in burning brick, and in purchasing materials for the buildings erected, which were absolutely necessary, is forty-one thousand three hundred and one dollars

and eleven cents.

The statement prepared by the Warden will show that the ordinary expenses during the eight months ending on thirty-first December, amount to thirty-five thousand four hundred and thirty-eight dollars and thirty-six cents, being an average of four thousand four hundred and twenty-nine dollars and 79 cents per month.

and employés, is a fraction less than thirteen cents to each. The account ration, including officers current will show that the cash received as the proceeds of Prison labor, is twenty-two thousand eight hundred and fifty-eight dollars and eight ness, we secured the services of two practical builders, disconnected encents. In order that we might be relieved from the suspicion of unfairanely with the Prison, to measure and fix the value of the buildings and other improvements made by the prisoners. Their statement will show of the Governor, the labor was worth eleven thousand three hundred and that during the months of March and April, when the Prison was in charge forty-four dollars and thirteen cents, and during the succeeding eight

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months the whole labor, (including brick and stone on hand at market prices,) seventy-seven thousand five hundred and twenty-three dollars and thirty-eight cents.

The account would stand thus:

Labor of convicts, and stock added to Prison during eight months...

Cash received from State Treasury.

Balance in favor of Prison

One of the old Board of Directors estimated the ordinary expenses of feeding, clothing, and guarding six hundred prisoners, at one hundred and eighty thousand dollars per annum, or fifteen thousand dollars per

month.*

It will be seen that although one hundred were discharged during the eight months ending with the past year, there is still an increase of forty. five prisoners, and it is quite probable that, before the present session of the Legislature closes, it will exceed six hundred. Now, when it is membered that we have only sixty-two cells (including those nearly com pleted,) you will perceive at once the crowded condition of the Prison. The building now nearly finished will provide accommodations for some one hundred or more prisoners. It is not deemed advisable to make manent provision for more than three hundred and fifty convicts at that point.

Attention is also called to the fact that there are eighty-two convicts under the age of twenty-one years. As at present situated, it is believed that nine out of ten of these youths will leave the prison worse than when they entered a majority of them utterly ruined. The necessity of mak ing some provision for this class of criminals is so apparent that we only attention to it. The tables will also show that two hundred

dire forty-eight of the convicts are Americans by birth, and the rening three hundred and thirty-four are either foreigners or native Californians. The number not able to read or write is set down at one hundred and

refer you to the detailed Report of the Warden, as to the finances of the

Prison.*

It is proper to remark that when this office (Chief-Warden) was created a resolution was adopted, expressly declaring that no one but a Director could hold it, and no compensation whatever should be attached to it. It was then expected that the other Directors would occasionally relieve the Lieutenant-Governor. The other two Directors visited San Quentin twice a month, and spent, altogether, some forty-five days at the Prison, since the organization of the Board.

As to the physical comforts of the prisoners, we think it will be found. that they have been very much improved, since the State took charge of the Prison.

The report of the Physician will show that there has been very little sickness amongst them. In regard to escapes, we are compelled to say that so long as the prisoners are employed outside of the walls, and upon boats, they can not be entirely prevented. During the past ten months, nineteen have escaped, and nearly all of them from the boats, which were necessarily employed in transporting wood and brick to and from the Prison. During the year, however, we have recaptured twenty-six prisoners who had previously escaped. To abolish the "trusty system," which has always prevailed at this Prison, would increase the expenses at least one thousand dollars per month. It is gratifying, however, to be able to show that escapes are much less frequent than in former The whole number who have escaped since the State took possession (ten years. months,) is, as before stated, nineteen; average number of prisoners, five hundred and fifty-two. During the previous year, there were seventytwo escapes, and the average annual number, from January first, one thousand eight hundred and fifty-four to March first, one thousand eight hundred and fifty-eight, is found to be sixty-four. During this period the average number of convicts was four hundred and thirty-eight.

eighty-four; able to read and write, three hundred and seventy-seven; decided blessing to the prisoner. Deprive him of it, and he broods over

number able to read, three hundred and ninety-eight.

Whilst we are not advocates of the policy of deriving revenue from the labor of convicts, they should be made, if possible, to support themselves. They are imprisoned because they have, by their conduct, rendered themselves unfit for society, and society ought not to be taxed, if it can be avoided, for their support. Aside from the profits of daily labor, it is a his misfortunes, and the wrongs which he thinks society has inflicted This statement will show that ignorance and crime are closely allied. pon him, in a spirit of revenge, until his health is impaired, and his Your attention is invoked to the Statistical Tables which accompany heart becomes insensible to all honest impulses. When the Report of the Warden, as to the ages, nativities, etc., of the prisondations can be provided, we think that associated labor and solitary coners. Believing that no good, and much harm, might result from the pafnement will be found the best system. It will be seen, by the Report, lication of the names of the convicts, we deem it proper to withhold

them, unless desired by the General Assembly.

proper accommo

that there are only a small number of convicts who are mechanics, and this, of course, operates against the interests of the Institution. It is pro

ordinary expenses, whilst the number of convicts is under six hundredsed, as soon as the building which is now being erected is completed,

ought never to exceed five thousand dollars per month.

We

put the young, whose sentence has two years or more to run, in the shops, and endeavor to learn them trades. In this way we can, perhaps, elevate their characters, instil into their minds the necessity of labor, and,

Gov. Johnson says, in his second Annual Message: "During the incumbency of the giving them a trade by means of which they could obtain a liveli

Board of Directors the expenditures, including the amount allowed by them for the erection of the Prison-wall, were three hundred and eighty-two thousand two hundred and twenty-six dollars and eighty-four cents, in the space of seven months, being a monthly average of fifty-four thousad six hundred and three dollars and eighty-three cents, and during the time it was under the mar

agement of their successors from the first of January to the twenty-sixth of April, eight hundred and fifty-six-the expense incurred by them was ninety-three thousand

dred and eighty-six dollars and thirty-nine cents, being an average per month of twenty-four ther sand one hundred dollars, or, within the space of less than eleven months, costing four hundre

and seventy-five thousand four hundred and thirteen dollars and thirty-two cents.”

*Great credit is due to Lieutenant-Governor Walkup, for the rigid economy practiced in the Management of the Institution. He spent his whole time at the Prison, in discharging the duties Chief-Warden, and, as there are some doubts whether the compensation allowed by the tenth tion of the Act creating the Board can be legally drawn, we recommend the Legislature to remove the difficulty. He has received for his services only seventy-five dollars per month, a comPenation, of course, wholly inadequate to the position which he occupied.

JOHN B. WELLER,
FERRIS FORMAN.

hood when thrown again upon society, make them useful in their day and generation. How much better-how much cheaper, (if it is regarded as a question of economy,) to give them a useful trade, than to throw them upon the world poor and penniless, ignorant of any handicraft, and thus compelled to seek their old associates in crime, and again return, to be supported in Prison. Aside from the moral obligation resting upon us to do all in our power to reclaim the unfortunate violators of the law, and prepare them for usefulness in this world, and happiness in that which is to come, we are bound, as men looking to the present and future wel fare of the State, to use all the means at our command to prevent them from again depredating upon the community.

it

So far as the future employment of the convicts is concerned, we deem proper to submit a few observations.

The clay for the manufacture of bricks on the Prison-grounds in entirely exhausted, and if this branch of labor is continued, (as we think it should be,) land adjacent to the Prison, of a suitable character, must be obtained. It is probable, however, that the owners, taking advantage of the necessities of the State, may demand an exorbitant price. This is generally the case wherever the Government is at the mercy of individuals. It is not doubted, however, that a sufficient num ber of convicts can be profitably employed in the manufacturing, say, one-half the quantity which was made during the past season. In the meanwhile, the mechanics-Shoemakers, Tailors, and Blacksmiths-wil be required to supply the wants of the Prison. Beyond this they could not go, even if it were desirable.

The Act creating the Board of Directors prohibited them from creating any debt or liability against the State. Having expended, in round numbers, twenty-four thousand dollars, in the purchase of wood, for manufac turing brick, and finding but a limited demand for them, we anticipated that the whole appropriation would be exhausted before the meeting of the Legislature, and hence no site for a Branch-Prison was purchased. A site can be purchased at or near Folsom, embracing, it is supposed, immense quantities of granite, where, by the construction of a canals little over a mile in length, a fall of sixty feet of water can be readily ob tained. This will afford a water-power sufficient to supply an immense number of manufactories. This canal can be constructed at a very small expense to the State, and it is not doubted that a large amount of the power thus obtained can be readily disposed of, and upon remunerative terms. In the meantime, the State can use the water in the manufac ture of blankets and coarse cloths, and in other branches which may be found profitable. Besides, in the manufactories which may be established by private enterprise, employment may be found for a portion of the com victs. If a site is purchased, in our judgment the better plan would be to put up a building, with free labor, of sufficient dimensions to accom modate seventy-five or one hundred prisoners, before a convict is moved. Then, as fast as accommodations are provided, send them up until San Quentin is reduced to the proper number. This would be found cheaper than to attempt to work convicts before safe places of cor

finement were secured.

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If it should be determined not to purchase a site at present for a Branch The Plaza can be fenced in, and a temporary building, f dining-room and kitchen, put up, at a small expense. The cells in the

basement story of the present Capitol can readily be fitted up

for the

confinement of the prisoners, when not at work. An appropriation of, say

thirty-five thousand dollars, would be sufficient to complete one wing of the Capitol, which could be done next season. A sufficient amount of brick might be obtained in the market, in exchange for brick which the State now has on hand, at San Quentin. This exchange would be profitable to both parties.

system

In the present crowded condition of the Prison at San Quentin, no can be devised for the instruction of these unfortunate men, morally or intellectually. They can not be separated or classified, so as to aid those who desire to improve. There should be classification of age and character, and every effort made to reclaim the young and the novices. It is certainly no credit to the State to throw these men back apon society, worse, in all respects, than when they entered the Prison. Through the kindness of some clergymen, we have had Divine service at the Prison, occasionally, during the past year, but a moral instructor, to be useful, should see them in their daily walks; in other words, he should reside at the Prison.

It is a great mistake to suppose that all these men are hardened in erime, and beyond the reach of reform. There are many young men imprisoned, who are the victims of drinking and gambling, in whose breasts beat warm and generous hearts, and honest impulses, and if properly encouraged, would yet become useful and honorable members of society. Unfortunately, however, no opportunity is afforded at San Quentin for their improvement; but, on the contrary, those so disposed are necessarily thrown into the society of men who have abandoned all expectation of leading honest lives. Besides, after they leave the Prison, such is the uncharitableness of the world, that, with the mark of the Prison upon them, they find it almost impossible to obtain employment. They rarely find friends to extend an encouraging hand to them, and, meeting with no sympathy except amongst their old associates in crime, they come to the conclusion that society is waging an unrelenting warfare against them, and every honest impulse of their souls is destroyed. After a brief season they return to the Prison. These men are irretrievsbly ruined. Nothing short of Omnipotent Power can save them. There are others, again, who, under proper discipline, might be restored to their friends, and, in the end, prove useful citizens. Certainly, it is the duty of the State to use all the means at her command to accomplish this humane work. It will be seen, from the Report of the Warden, that although the Prison was only established eight years since, there are already seventy-one convicts confined for the second offence. Many of these men, if they had the means, would, upon their discharge, leave the State, and probably, amongst strangers, reform and become useful. To remain here, the chances are that at least eight out of ten of those convicted of larceny, and felonies of that character, will again plunder on society, or return to the Prison. It is, therefore, suggested, whether it would not be sound policy to make a small appropriation, to pay the expenses of sending those who desired out of the State. to purchase books for the use of the convicts. If a proper selection As a reformatory measure, we would recommend a small appropriation could be made, it is not doubted that much good could be effected in sions might be made upon hearts and consciences which otherwise could In regard to the proper character of punishment to be infiicted upon refractory convicts we have only a few observations to submit. There

not be reached.

is no subject upon which a greater diversity of opinion exists. In many

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prisons, corporal punishment is still resorted to, and in others dur
geons, and short allowances and shower-baths are adopted. We
it impossible to make the punishments uniform for the same offence,
because the varied characters, natures, habits and education of the
convicts, ought to be considered. In order to be a punishment, it
must be such as to touch the pride or feelings of the offender,
There are convicts who would think it no punishment whatever to
be released from work and locked up in a dungeons. There are
others again who could take a reasonable number of stripes with
great composure, but who could not bear the lonesomeness of the
dungeon. At San Quentin, almost every portion of the globe is repr
sented. A system of punishment which might be expedient for the
Mongolian and African race would not effect the object amongst other
races. We think, however, that corporal punishment should be resorted
to as seldom as possible, and that the habitual punishment should be
confinement in the dungeon on bread and water. Entertaining this
opinion, we have prepared dungeons in the building now nearly completed,
where, if neessary, some fifty-six can be confined. The officers of the
Prison have been instructed to treat these men as human beings entitled
to commiseration, and who may yet become useful citizens. In their
intercourse with them they are to receive all the kindness compatible
with their security. The convict is sent to the Prison to be deprived of
his liberty, and compelled to labor as an expiation of his crime, and any
other punishment besides that which is absolutely necessary to accom
plish this and enforce the discipline of the Prison is not only unlawful, but
inhuman. It is quite an easy matter to secure the services of overseers
who will take care that the convicts work and perform the duties which
may be assigned them, but it is quite another, and a very difficult matter,
to select men who will study the character of the prisoners placed in
their charge, and earnestly attempt to find some avenue to their hearts
with a view to their reformation. It is rarely, indeed, that a convict en-
ters the Prison for the first time, who does not still retain some honest
impulses, which, if properly directed by kind treatment, may win him
back to the paths of virtue. When accommodations are provided, so
that convicts can be classified and separated from malign influences
and evil associations, this should be looked to in the selection of officers
and overseers.

A copy of the rules and regulations for the government of the officers and convicts is herewith transmitted.

The vouchers, showing the disbursements on account of the Prison, have been placed, for convenience, in the Office of the Secretary of State, where they are subject to the inspection of either of your honorable bod ies, or any committees which you may deem proper to appoint.

JOHN B. WELLER,
JOS. WALKUP,
FERRIS FORMAN,

State-Prison Directors.

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STATE-PRISON DIRECTORS, IN ACCOUNT WITH STATE OF CALIFORNIA.

REPORT OF THE CHIEF-WARDEN.

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