ART. II.—TEXAS PENITENTIARY.

In March, 1848, the Legislature of Texas, in pursuance of a provision in

the State Constitution, passed an act authorizing the Governor to

appoint three Commissioners to select a location, and report the

details, for the erection of a Penitentiary; the action of the

Commissioners to be subject to the approval of the Governor. After

careful and full consideration of the comparative advantages of the

several sites offered, the town of Huntsville, the county seat of Walker

county, was selected, and the selection approved.

Walker county lies just under the thirty-first degree of north latitude,

and between the eighteenth and nineteenth degrees of longitude west from

Washington; and the Trinity river forms its north-eastern boundary.

Huntsville is very nearly the geographical centre of the county, and is

about one hundred and twenty miles a little west of north from

Galveston; and about one hundred and sixty miles north of west from

Austin, the capital of the State. The town stands upon a low gravelly

ridge, bare of trees, and with deep ravines upon three sides. Some few

scattered houses, as well as Austin College and the Andrew Female

College, are built upon corresponding ridges, which rise on the opposite

sides of these ravines. There is no extended growth of heavy timber in

the immediate vicinity of the town. The approach from the east for some

five or six miles, is through a sandy region covered with a dense growth

of scrub oak and underbrush. Upon the west and south the country is more

open, gradually merging into the rolling prairies of Grimes and

Washington counties. Small streams run through the ravines and find

their way into the lesser branches of the Trinity and San Jacinto

rivers; but the supply of water is irregular and the ravines are often

dry. The situation is a healthy one, the air pure and bracing, and the

climate favorable. The town is regularly incorporated, and has from

sixteen hundred to seventeen hundred inhabitants.

Upon the eastern outskirt of the town, on both sides of the main road

from the lower Red River country, are the buildings and grounds of the

Penitentiary. The main buildings and enclosure are upon the southern

side of the road, and extend back down the slope of the ravine, with a

gradual and slight descent. Upon the opposite side of the road are the

storehouse and warehouse: the storehouse, which includes under the same

roof the offices and residence of the Financial Agent, is sixty feet

front by fifty deep, and two stories high; the warehouse is about forty

feet front by fifty deep, and two stories high. The two buildings are

separated from each other by an open space of some two hundred feet

front; the intervening ground, together with a considerable lot in the

rear extending back of the storehouse and warehouse, is mostly under

cultivation as a vegetable garden for the convicts. The warehouse is

used for storing the wool and cotton for the factory. In the storehouse

are kept the manufactured goods for sale. The front of the Penitentiary

faces north, and extends a distance of some three hundred feet directly

upon the road without any intervening fence or wall. The storehouse and

warehouse are immediately opposite the respective extremities of the

front, the main entrance of the Penitentiary in the centre, facing the

open space above mentioned. The front elevation consists of a centre

building some sixty feet front and three stories high, with two wings,

each one hundred and twenty feet long and two stories high. The entire

front presents one uniform extent of brick wall upon the same line for

the whole distance, unbroken by any recesses or openings except the

large, but plain, arched gateway in the centre and the rows of windows;

and unrelieved by a single projection or attempt at ornamental or

architectural display. The only thing to relieve the monotonous

uniformity of the front is the additional story upon the centre

building. The bricks of which all the Penitentiary buildings are built

are made in the neighborhood, and are coarse and of a dingy red color.

At the main entrance, the large, solid, double leafed door, which mostly

stands wide open in the day time, is stationed a guard, armed with a

six-shooter in his belt, and a double-barreled shot-gun, loaded with

buck-shot and ready capped, in his hands. An admission fee of

twenty-five cents is charged for each visitor, and the amount received

goes into the general accounts of the prison, and very nearly defrays

the expense of the extra guard who is kept for the express purpose of

waiting on visitors through the establishment. Any one, however, who has

a higher motive than mere curiosity, and desires to examine the

condition and management of the Penitentiary through an interest in the

subject of prisons and prison discipline, and will make himself known to

the Superintendent, will always be courteously received and every

facility afforded for his inquiries and observations without charge.

Passing through the archway, the visitor is admitted by the guard

through the large grated iron gate which closes its inner end, into the

yard of the prison. In the middle of the yard is a two story log-house,

used now as the shoemaker’s shop, but built originally as a place of

confinement for the convicts who were employed in the erection of the

Penitentiary. The entire space enclosed within the limits of the prison

walls is about three hundred feet square: the enclosure upon the

northern side is formed by the front or main building; the southern side

of the enclosure and the portions of the eastern and western sides

adjacent thereto, are shut in by substantial brick walls; while the rest

of the eastern and western sides is formed by ranges of buildings

connected with the main edifice. Just within the prison wall upon the

southern side of the yard is the factory, a substantial building of

brick, two stories high and two hundred and seventy feet long by fifty

deep. Both cotton and woolen goods, chiefly of the coarser kind in

demand for plantation wear, are manufactured. The establishment of the

factory was authorized by the Legislature at the session of 1853 and

1854, and an appropriation made for the erection of the building, and

the purchase of the necessary machinery. Carding and spinning were

commenced in June, 1856, and the first loom started late in July of the

same year. Steam power is used to drive the machinery, and the factory

has been kept steadily in operation from the time of its commencement,

the number of looms having been gradually increased as the success of

the undertaking developed itself. The machinery was all made in

Massachusetts.

The results of the employment of convict labor in this department of

manufactures, is regarded by the Directors and officers of the

Penitentiary, as a decided pecuniary success; and the Osnaburgs and

woolens made here bear a high reputation throughout the State, and are

undoubtedly of most excellent quality and finish.

The centre building of the front is about forty feet deep, and is

occupied for the offices and residence of the Superintendent and other

prison officers, except the Financial Agent. The lower story is

curtailed in room by the archway passing through its entire depth, and

affording access for vehicles as well as persons to the prison yard. The

wings are occupied entirely for cells: these are built in three tiers

one above the other from the floor (which is but slightly raised from

the level of the ground) to the roof. The tiers of cells are entirely

separated from the exterior walls of the building by corridors about six

feet wide, which are open from the floor to the roof of the buildings;

access to the cells in the second and third tiers being had from narrow

galleries reached by stairways, one at the end of each wing nearest the

centre building. One of the buildings upon the western side of the

square is also occupied for cells arranged in similar tiers. Each cell

is eight feet long by five wide, and eight feet high. The door of each

is a grating of cross-barred iron, and affords the only means of

ventilation and the only access for light; and as the doors are but five

feet high, with the bottom edge on a level with the floor, the

ventilation is necessarily imperfect. All the air is introduced from the

corridors, and the windows of the corridors which open to the outer air,

are small in size and not very numerous. The corridors, however, are

sufficiently lighted for all ordinary purposes, except perhaps on very

dark days. The interior of the cells and the walls of the corridors are

kept thoroughly whitewashed. There are no water closets in the cells,

but each is furnished with a movable vessel. In addition to the cot with

its bedding, each cell is provided with a small table and stool, and a

few have some one or two other small articles of furniture. There is no

uniformity of neatness or cleanliness in the cells, the care of each

being entrusted to its occupant; and beyond a certain, not very high

standard, no special attention to these matters is enforced.

The buildings upon the eastern and western sides of the prison yard,

afford accommodations for the cook-house or kitchen, blacksmith and

wagon shops, in addition to a range of cells. The meals are all served

to the prisoners in the cells—breakfast before they leave in the

morning, and supper after their return at night. For dinner they are

mustered from their work at the ringing of the bell at noon, marched

back to their cells, and after dinner conducted again to their work. The

provisions are of good quality and well cooked. The rations per day of

each convict are, a pound and a half of beef, or three quarters of a

pound of mess pork or bacon, and a pound and a half of corn-meal.

Sometimes mutton is furnished in place of the beef, and the fresh meat

is given on alternate days. To each hundred rations there are allowed

six pounds of sugar, five pounds of coffee, fourteen pounds of flour,

three pounds of soap, sufficient salt, vinegar and pepper for seasoning,

three gallons of molasses, eight quarts of beans or peas, and vegetables

whenever they can be procured. _Each convict who chews tobacco has one

half plug per week furnished him._

The floors and ceilings of the cells and the roofs of the prison

buildings are of wood, and a few years since the prisoners occupying

three cells one over the other, made their escape by cutting through the

floors and roof, and so getting down upon the outside. Since that

occurrence the prisoners have been searched regularly twice a-day—once

when they return to their cells for dinner, and again at supper time.

There were one hundred and eighty-two convicts in the Penitentiary at

the time of our first visit, and two others were brought in on the day

of our second visit. One cannot but be struck with the number of

Mexicans, easily distinguishable by their dark complexions; long,

straight, jet-black hair, and piercing black eyes. A very large

proportion of the convicts are imprisoned for horse stealing, the most

common form of larceny in this State; and which is very severely

punished, the sentences ranging as high as fifteen years. There were no

negroes in the prison. But very few free negroes are met with in the

State; and for the higher classes of offences for which a white man or

free negro would be sent to the Penitentiary, a slave is hung. The outer

clothing of the convicts consists of a round jacket and pantaloons of

the goods manufactured in the Penitentiary, cotton in summer and woolen

in winter, with black wool hats. The jacket and pantaloons are each

one-half dark and the other half light colored—the dark half of the

jacket and the light half of the pantaloons being on the same side of

the body, and _vice versa_. Osnaburg shirts, brogans, and wool socks

complete the dress, each article of which bears a number corresponding

with the cell occupied by the wearer; the numbers upon the articles of

outer clothing being large and conspicuous.

All convicts who can read are furnished with a copy of the Bible, the

Mexicans with Bibles in the Spanish language. They are also permitted to

read such other religious or moral works as the Chaplain may approve.

They can have but little opportunity for reading except on Sundays, when

they are confined in their cells all day, with the exception of the time

of public worship. The Chaplain preaches regularly on the Sabbath twice

a-day. There is no chapel or hall provided for assembling the convicts.

The convicts are marched out of their cells, each bringing his stool

with him, and ranged along the opposite sides of one of the long narrow

corridors, in no very strict or regular order. The Chaplain stands about

the middle of the corridor, while at each end are the guards fully

armed; the Superintendent is also present.

By a special enactment of the Legislature, the front of the cell of any

prisoner sentenced to solitary confinement for life, is painted black,

and his name and sentence distinctly marked thereon. The object would

seem to be to infuse a salutary dread into the minds of the other

prisoners. Upon the only black-painted cell in the prison was the

following inscription, in distinct white letters: _William Brown, aged

twenty-four years, convicted for murder in Grimes County, spring term,

1858, for which he is now suffering solitary confinement for life_.

Brown himself, however, was in fact at work in the factory with the

other convicts! He entered the Penitentiary in May, 1859, and had been

kept in close confinement in his cell, _without labor_, never being

permitted to leave it for any purpose, until about the first of October,

when his health was found to have suffered so much that, to preserve his

life, he was, under a discretionary power vested in the Directors,

released from the rigor of his sentence, and subjected to only the

ordinary confinement of the prison. His health had since greatly

improved. It is not to be wondered at that his health should decline

under the strict enforcement of such a sentence. The cell in which he

was confined was the same as to size, ventilation, and light as the

rest; and being one of the lower tier of cells, the top of the doorway

was some feet below the lower edge of the windows upon the opposite side

of the corridor in the outside wall. He had even less chance for fresh

air than if his cell had been in almost any other location. It is the

sight and knowledge of such instances of solitary _unemployed_

confinement as this, and a wilful neglect or refusal to inform

themselves upon, and recognize, the very wide distinction between the

terms _separate_ and _solitary_, that renders many persons so violently

prejudiced against, and opposed to the “Separate System.”

There were but three female convicts. One was undergoing a sentence for

arson, and the other two had been convicted of murder. One of these

latter occupied a cell immediately under one in which her husband was

suffering imprisonment, as an accomplice of his wife in the crime for

which she was sentenced. She had murdered her father, to get his money.

The husband of the other woman had died, in prison, but a few weeks

previous to our visit. He, too, had been convicted as an accomplice of

his wife; the victim of their crime being a niece of the wife, who had

excited her jealousy.

Each prisoner occupies his own separate cell at night and during

meal-times. Among the prisoners was a boy of seventeen, who had been

sent there for want of any better place for him: his offence was

stabbing. In consequence of his youth, he was not subjected to the same

strictness of discipline as the other convicts, and was allowed many

privileges, occasionally even being allowed to sleep in the same cell

with another convict. His opportunities of intercourse with the others

must have been frequent, and the association will, in all probability,

prove most disastrous in its consequences. His return to the

Penitentiary, in the course of a few years at most, can be calculated on

with reasonable certainty. Whatever disposition he may show, or whatever

efforts he may make, upon his release, to lead a proper life,—all will

be neutralized, almost inevitably, by the knowledge of the fact that he

has been a convict in the penitentiary; and some of those who have been

his fellow-convicts, of a more hardened experience in crime, will be

constantly on the watch to lead him astray, and with an influence of

great power.

The grades of punishment for refractory convicts are: 1st. Confinement

in the dark cell. 2d. Confinement on bread and water. 3d. Confinement,

and deprivation of tobacco. 4th. Irons, with or without confinement.

5th. Standing in the stocks. Flogging is also permitted, but only by

special order of the Directors, to whom the Superintendent reports any

case he may think deserving of that punishment, and the Directors decide

on the expediency of the infliction. It cannot, however, in any case,

exceed one hundred lashes, and is administered with a leather strap.

In case any of the prisoners escape, one of the guards has some two or

three hounds trained to catch runaways, and used to track the fugitives.

As some of the prisoners are employed outside the prison yard, about the

storehouse and warehouse, and in the garden, the opportunity thus

presented, for attempting an escape, is sometimes improved; and the dogs

are then brought into use. Escape, however, is a matter of difficulty;

and the attempt, even, is hazardous: for, in addition to the armed guard

at the main entrance, the immediate vicinity of the prison premises is

further watched and protected by armed guards, on duty constantly, in

guard-houses a little distance from the walls, outside,—one at each

corner, and one opposite the middle of each side, except the front.

Visitors are not allowed to hold any communication with the convicts,

either by word or sign; nor are the master-workmen allowed to hold any

conversation with them, except in giving necessary information or

direction concerning their work. The master-workmen are also forbidden

to converse, in the hearing of convicts, with other persons on matters

foreign to their work. The convicts are also prohibited from holding any

communication among themselves; but the impossibility of preventing this

entirely, was manifest, and, indeed, was frankly admitted. The friends

and relatives of any convict are permitted to see and converse with him,

in the presence of the Superintendent, at his discretion.

The officers of the Penitentiary are,—a Superintendent, Financial Agent,

and three Directors; all of whom are appointed by the Governor, for four

years. In addition to these, the master-workmen, physician, chaplain,

sergeant of the guard, and steward, are considered as officers of the

prison, and all hold their appointments from the Directors. The salaries

of the Superintendent and Financial Agent are $1,500 per annum, each; of

the Directors, $250 each; of the Physician, $500; and of the Chaplain,

$250.

The present Superintendent is Col. J. H. Murray, who has been in office

some eighteen months. He is a gentleman of liberal and intelligent

views, and feels the responsibilities of his office. To his courtesy and

attention we were indebted for the opportunity of obtaining much of the

foregoing information. The present Chaplain is a Presbyterian; but

ministers of other denominations occasionally supply his place. Any

convict who may wish is allowed to see a clergyman of his own particular

denomination. The Directors are required to visit the Penitentiary at

least twice in each month, and to report to the Legislature biennially.

A few words as to the County Prisons of Texas. The only opportunity

which offered for visiting a county jail was at Brenham, Washington

County. The jail building stands near the court house, a little off from

the public square, in the centre of the town, and is without enclosure

of any kind. It is a plain, two story building, about twenty-five feet

square, built of a double thickness of hewed logs. A narrow corridor

runs around the inside of the lower story, and surrounds the dungeon,

which is the only room upon this story, and has walls of a triple

thickness of logs. The entrance to the dungeon is through a heavy iron

trap-door in the floor of the second story. The single door of the jail

itself opens directly from the street into the corridor. The second

story has but two apartments, which occupy its entire extent; and one of

these is appropriated for female prisoners, when there are any. There

was but one occupant, a man, at the time of our visit. A short time

previous, a prisoner had been confined in the dungeon, awaiting his

trial on a charge of murder, but had succeeded in making his escape, in

which he must have had assistance from the outside. No jailer or other

officer lives at the jail, nor is any special watch kept. The only

furniture was a rude stool or two, and a few bed-clothes, laid upon the

bare floor. There are no windows in the building, and a few narrow,

horizontal openings in the log-walls, secured with iron bars, afford the

only supplies of light and air; no shutters, sashes, or other means of

closing these openings are provided. There is no provision made for

warming the prison, and the cold must sometimes be severe, especially

during the prevalence of the Northers. The jail is in charge of the

Sheriff, and the food of the prisoners depends altogether upon his

discretion. It is possible, that in Galveston, and perhaps in one or two

other places, the County Prisons may be upon a better plan, but in none

of them is the separate system in force. The prisoners, untried as well

as convicts, have an almost unrestrained intercourse. From all that we

could learn, it is to be feared that the jails of many of the Counties

are even less comfortable than the one at Brenham. But very many things

combine to render it peculiarly difficult to awaken the public mind of

Texas to the necessity and importance of a careful consideration of the

subject of Prison Discipline.

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