f they are made to turn up at the side, will be the increased room of the cell. It wi! be necessary also to remove the loose board floors of the cells, and put in either stone or cement instead.

We found that the wash-room had never been supplied with anything but hard water. To supply this deficiency, we ordered sufficient conductors from the roof of the chapel to a large cistern on the east side of that building, and also conductors from the entire roof on the north side of the main building to a new cistern. which we had ordered to be constructed, capable of holding twelve to fifteen hundred barrels, which when once fled, wil fortish an abundant supply of soft water for

all time to come.

Knowing that the Legislature, as well as the community in general, must feel a deep interest in the working of the "new law," which made very important changes in many of the laws that have heretofore been deemed necessary to the safe and successful management of the Institution, and particularly that section abolishing corporeal pantatment, and substituting solitary confinement for offences. We watched fta operarions with great care The Board take great pleasure in stating that atter a trial of seven months, they fel warranted in saying that the new system has been eminently successful. That while it protects the convict from the outbursts of brutal passion, it secures to the Institution a wholesome discipline. And while much may be attributed to the abolition of corporeal punishment, yet we think quite as much has been, and may always be gained, by the influence of kind and humane treatment, in the daily intercourse between the convicts and the officers having them in immediate charge.

The infliction of punishments have not only greatly diminished in general, but in particular cases where the "cot" was in almost daily requisition, they have been entirely overcome by the milder influences of reason and kindness, and are now diligent in their work and observant of the rules laid down for their government.

We feel that we cannot too strongly recommend that feature of the new law," which offers a premium for good behavior, by deducting a portion of their term of imprisonment when they have no infraction of the discipline recorded against them. Banished, as they are, from the social enjoyments of life, without some motive the mind very naturally sinks into a stagnant indifference. The diminution of sentence and the restoration of all rights of citizenship, are powerful incentives to good behavior.

The question has arisen, whether the words "term of years," in the seventeenth section of the law, was intended to deprive those whose sentence is but one year, of the benefits of a deduction of time from their sentence, when they have no infraction of the discipline recorded against them. We have decided, in the absence of any other authority, that the Legislature intended to give all the benefit, except life time convicts; and that the phrase "term of years," was used to distinguish between those whose terms of sentence were definite and those that were indefinite. We have instructed the Warden to act accordingly.

That provision of the law for the instruction of convicts in reading and writing, has been as fully carried out as was possible with existing contracts, and it gives us great pleasure to state that the contractors generally have been very liberal with those convicts in their employ, who desired to attend school, and have heartily cooperated with the officers of the Institution for its success. It will be seen by reserring to the Chaplain's report, that the school has thus far taken a large amount of labor from contracts, and consequently has very materially reduced the earnings of the Institution; but we are fully of the opinion, that for the future, evening schools might be substituted for day schools, with advantage to the State, and with more benefit to the convicts, as it would relieve many of them from the dreaded confinement of their cells, during the long winter nights.

The average hours of labor through the winter season does not exceed eight and a half, or perhaps at most, nine hours, leaving fifteen hours to be occupied in some other way; and if we allow ten hours for sleep, those who cannot read have still five hours unemployed. Those who really desire the benefit of instructoin, would gladly avail themselves of the opportunity to employ a part of this time in the school room after the labors of the day are over, while it would prevent the indolent from claiming "working hours" for instruction, when they have no other object in view than to avoid labor.

The number who do not come up to the standard of education contemplated by the Legislature, is now very considerably diminished by the progress already made, and they must, of necessity, continue to decrease under the present system of instruction. We feel warranted in recommending such a change in the present law as will authorize evening, instead of day schools, which will, in a very short time, give them all the education the law requires.

In carrying out the provisions of the seventh section of the law of the last session, directing that each prisoner shall be furnished with sufficient light to enable him to read from the time he is shut up in the evening until the ringing of the bell for going to bed, the only means of complying with its requirements, was to furnish them with candles or lamps; but after a short trial they were abandoned.

In the first place, they were found to create an exceedingly offensive and unhealthy atmosphere, by being burned in so small a space as a cell, constructed without any means of ventilation.

Secondly, it was soon discovered that they formed the "circulating medium” of the prison in settling the balance of clandestine trade, carried on by the prisoners between the different departments of the Institution. And another great objection was, that the officers had no general control over the lights, without going to each individual cell. After a thorough investigation, it was thought advisable to introduce gas, not only as being more economical on the whole, (as it was found that a burner that consumed one cubic foot per hour would give sufficient light,) but it would also secure, in some degree, a better ventilation by placing the burner in the back part of the cells, and avoid many of the difficulties attending the use of andles or lamps.

The officers of the institution have found it very difficult, if not utterly impossible, to prevent the constant violation of the statute inflicting a penalty for giving or selling tobacco to the prisoners. Although its use by the convicts is not forbidden by the letter, yet no doubt the spirit of the law forbids it. And so far as past experience proves any thing, it proves that no rules and regulations, or even severe punishment, have been found sufficient to suppress it. And many persons, whose long experience in this, and similar Institutions, entitle their opinion to some consideration, think that its use may be allowed, not only without injury, but, in many cases, with positive benefit. And if it cannot be entirely prohibited, we would prefer that its use should not be in known violation of law. We would, therefore, recommend its repeal.

Upon examining into the affairs of the prison, we found there had been a long continued practice for the officers, (amounting in all to about fifty,) to have their tailoring, shoemaking, blacksmithing, furniture, &c., made in the State shops. Believing the policy a bad one for the State, and the practice liable to great abuses, even if it had been confined to the officers of the Institution. But we found that it extended, not only to nearly all who had any connection with the prison, but to a large number of outsiders. The books of the Institution now show a large amount of worthless accounts, against individuals, for work they have had done in the State

shops. This practice was immediately forbidden, by the adoption of the following rule:

"No officer, assistant keeper, contractor, foreman, or other person, shall have any article, goods, or wares made, repaired or manufactured in the State shops, nor shall any prisoner be permitted to repair, or manufacture any article, goods or wares, except for the contractor who hires him, or for the State."

We also found that it was the general practice for the officers to buy their marketing, particularly their meats, from the supplies laid in for the use of the prison.

Section fourth of the law of the last session, forbids their making use of any property of any description belonging to the Penitentiary for their own private purposes, unless first paid for or charged on the books of the office, at a price agreed on with the Warden and Directors. This provision was undoubtedly inten. ded to protect the State against some of the abuses growing out of the above practice.

Believing that the interest of the State would be promoted by keeping the funds and business of the Institution entirely and distinctly separate from the business of individuals, we passed the following by-law in addition to the provision of the statute:

"No officer of the prisou, or other person, shall buy for him or themselves, any provisons, fuel, or supplies, or any article in connection with those purchased for the prison. Nor shall officers or other persons use for themselves or family, or purchase any provisions, fuel or supplies, or any article whatever, bought for the use of the Institution."

As

It will be seen, by referring to the Warden's report, that there are about eight convicts who are regarded as insane. Some of these are young men, and if they could be placed under proper treatment, might perhaps be restored to reason. the State has institutions founded and provided in every respect, with a view to the successful treatment of this class of unfortunate persons, it would seem a duty, as well as a necessity, that they should be placed where they can be better provided for than they can be in this Institution. If the above recommendation be deemed impracticable or inexpedient, we would ask for an appropriation of dollars for the purpose of building suitable apartments for them, separate from other convicts. A law was passed, March 11th, 1845, (see Swan's Statutes, page 602,) authorizing and requiring the directors to erect a suitable department for their reception, but no appropriation has ever been made to enable them to carry the law into effect.

The Directors feel it to be their duty to call your attention to the practice of employing convicts outside of the prison walls, on the work of the new State House. It is a well ascertained fact, that the convicts in the State House yard, do not, on an average, perform more than one half as much work as ordinary day laborers, while so employed. Beside, during the winter months, they are often left idle in the prison yard, or put to work merely to keep them from mischief, with little advantage to the State. We have made a careful estimate of the expenses to the State in guarding the prisoners in the State House yard, and find it has cost the past year thirty-eight and one-half cents per day for each convict. Each of these Convicts could be let on contract for forty cents per day-showing, beyond dispute, that it cost the State actually seventy-eight and one-half cents for each half day's labor of an ordinary laboring man, or one dollar and fifty-seven cents per day. Then add to this one-eighth, which is less than they are actually unemployed, and you have one dollar and seventy-six and five-eighth cents, as the price it actually cost the State for an ordinary day's work.

Any one who will investigate the matter will be convinced, that Prison labor on the State House as now employed, costs the State at least twenty-eight per cent. more than free labor would. The employment of prisoners outside of the Prison walls, renders it much more difficult to maintain discipline ins de. The prisoners in the State yard are constantly brought in contact with those who furnish them with ardent spirits, and tobacco, not only for themselves, but through them smuggled to those inside. They are enabled to communicate with each other, form plans of escape, procure implements and aid from persons outside. The Directors are unanimously of the opinion that the interest of the State, as well as the convict suffer by employing the prisoners outside of the Prison. They organize theft on the State, and contractors inside, to purchase liquor and means of escape, and it is utterly impossible to prevent it entirely, so long as any prisoner is permitted to go outside of the walls of the Prison.

When we came into office we found the following contracts in existence for Prison labor :

Peter Hayden. One hundred and fifty men, employed in the manufacture of saddle trees, and all kinds of saddlery hardware and trimming, at forty cents per day, will expire January first, A. D. one thousand eight hundred and fifty-seven. Ohio Tool Company.-One hundred men engaged in the manufacture of Carpenter's, joiner's and cooper's tools, at forty cents per day, will expire January first, A. D. one thousand eight hundred and fifty-seven.

Hall, Brown & Co.-One hundred men employed in the manufacture of hoes, forks, rakes, scythe snathes, &c, &c, at forty cents per day, will expire January first, A. D. one thousand eight hundred and fifty-seven.

W. T. & T. D. Day & Co.-Twenty men employed in the manufacture of wood type, at sixty cents per day, will expire August first, A. D. one thousand eight hundred and fifty-nine.

A. W. Hall & Co.-Twenty men employed in the manufacture of agricultural implements, (steel ploughs excepted) at forty-five cents per day, will expire March eight, A. D. one thousand eight hundred and sixty.

As three of these contrac ́s expire January first, A. D. 1857, embracing three hundred and fifty convicts, we advertised in June last, in accordance with the statute for sealed proposals for the hire of the labor of four hundred convicts, for five years from and after January first, A. D. 1857.

Bids to be received up to September first, A. D. 1856. Under the advertisement the following bids were received:

A. W. Ayers & Co.-Twenty-five men to be employed in turning irregular forms, hubbs and bending feltoes, forty-five cents per day.

A. W. Ayers & Co.-Fifty men to be employed same as above, with coopering and wagon making, forty-eight cents per day.

A. C. Haines & Huffs.-Twenty men to be employed in coopering, at forty-seven cents per day.

A. W. Hall & Co.-Fifty men to be employed in manufacturing agricultural implements, at forty cen's per day.

A. W. Hall & Co.-Fiity men to be employed same as above, forty cents per day.

Peter Hayden.-Fifty men to be employed in manufacturing saddlery, and carriage hardware, at forty cents per day.

Peter Hayden-Fifty men to be employed same as above, at forty cents per day.

Peter Hayden. Fifty men to be employed in manufacturing all kinds of chains, carriage axles, bolts, screws, wire drawing, &c., at forty cents per day.

A. H. Pinney.-Fifty men to be employed in coopering, at forty cents per day.

Ohio Tool Company-Fifty men to be employed in manufacturing carpenter's, joiner's and cooper's tools, at forty cents per day.

Ohio Tool Company.-Fifty men to be employed same as above, at forty cents per day.

Bids were awarded as follows, they being the highest bidders.

Contracts have been entered into with the above parties for the number of men, and at the prices above specified, for five years, commencing on the first day of January, A. D. 1857.

J

The present law requires that "all contracts for working convicts shall be given to the highest reputable bidder, of the letting of which the Directors shall give six weeks' Lotice." This provision is no doubt a very salutary ore, when applied to letting a large number of men, as is usually done every five years. But as it is impossible for at one to forsee what the future supply and demand may be, it frequently happens when the contracts are all full, that within a few days fifteen to twenty-five non come in and must necessarily remain idle during the six weeks notice; while, the Directors were authorized to contract for their labor, by private arrangen ent, it would secure as large a price per day to the State, and immediate employment to the men.

We would therefore recommend that the law be so altered as to allow the Directors in such cases to let any number of convicts, under fify without advertising for a period not exceeding five years, and at a price not less than is paid by other contractors.

The receipts and expenditures of the Institution for the past fiscal year, are as follows:

Total receipts as certified to the Auditor of State. sixty-four thousand three hundred twenty-four dollars and forty-three cents (64 324 43 100,) total expenditures, seventy-ti ree thousand four hundred twenty-one dollars and forty cents (873,421 40 100.) showing an excess of expenditures over receipts of nine thou sand and ninety six dollars and ninety-seven cents ($9,096 97-100.) In referring to preceeding "official reports" from this Institution, we and in quite a number, an array of figures presented, to show that the Prison instead of being a tax on the State is a source of revenue.

Since April 12th, A. D. 1854, all the receipts of the Institution are paid into the State Treasury, and all expenses are drawn therefrom. The account at the Treasury shows that since that time there has been received from the prison, $162.087 54, and that there has been drawn from the Treasury on account of the prison, $181,607 56, showing that the expenditures have ex-eeded the receipts by $19,520 62, and that all but $9,136 19 of this excess of expenditure was previous to November 15th, 1855, and the balance previous to June 1st, A. D. 1856, the time when the present Warden came into office.

From June 1st, A. D 1856, to November 1st, A. D. 1856, the accounts show a small balance of receipts over expenditures, including repairs which have been unusually large.

In the last report made to you it is stated that the Institution is entirely free from debt. This statement, in our opinion, should have been qualified with the expla