JOHN PHILLIPS RESCH
Ohio Adult Penal System,
1850-1900: A Study in the
Failure of Institutional Reform
Throughout the latter half of the
nineteenth century Ohio prison reformers tried to
recast the state's penal system so that
it would rehabilitate criminals and restore them
to productive citizenship. By 1884
reformers succeeded in their efforts to secure leg-
islation to rehabilitate adult criminals
through classification, job training, moral and
academic classes, reduction of sentences
for good behavior, parole, and the introduc-
tion of the adult reformatory system.
Despite this impressive legislative
victory, the Ohio penal system was not substan-
tially recast. Prison reform laws were
partly undermined by the unresolved conflict
over the nature of the criminal and the
purposes of prison. Influential Ohio reformers
and some prison officials viewed the
criminal as a depraved social type. From this
perception grew the analogy that prison
should be a moral hospital where various
classes of criminals were treated and
then released when cured. Like hospitals,
prisons should have enough funds to
support curative programs and have an ade-
quate staff of professional attendants.
The money to implement these services was
to come from provisions in the
legislation.
The bulk of the public and most penal
authorities, on the other hand, saw the
criminal as a threat to personal safety
and property and were reluctant to spend
large sums of money on reformatory
programs. They expected the prison to punish
criminals and to act as a deterrent to
potential offenders. Many prison officials, cal-
loused by contact with desperate men,
ridiculed reformist plans as "pampering"
criminals and for turning prisons into
places of leisure and refinement. Efforts at
reform were resisted also by public
officials who wanted an unobtrusive, orderly and
self-supporting prison system and by
politicians who looked upon the penal system
as a source of patronage. The spoils
system resulted in frequent turnovers of per-
sonnel, made the creation of a stable
professional staff impossible, and undermined
enforcement of rehabilitation policies.
Persistent demands that prisons be self-
supporting blocked the construction of
adequate physical facilities and the funding
of expensive reformatory programs
authorized by the General Assembly. These
Mr. Resch is Assistant Professor of
History, University of New Hampshire, Merrimack Valley
Branch in Manchester.
Ohio Penal System
237
diverse views and interests resulted in
vacillating and conflicting policies which buf-
feted prison discipline, made a sham of
legislation aimed at recasting the penal sys-
tem by thwarting implementation, and
demoralized reformers.
In 1850 the Ohio penal system consisted
of the state penitentiary in Columbus,
county jails and scores of municipal
lockups. The penitentiary, completed in 1837,
received all felons--persons sentenced
to imprisonment for two years or more--
regardless of age, sex, or sanity. Its
discipline was modeled after the Auburn, New
York prison system of silent, congregate
labor during the day and separate confine-
ment at night. The avowed purpose of the
penitentiary, as Governor Return Meigs
stated in 1811, was to protect public
safety, rehabilitate criminals, and restore in-
mates to society as useful citizens.1
The governor and General Assembly of Ohio
were responsible for penitentiary
affairs, but supervision of the institution was left to
a board of directors which consisted of
three to five men chosen by the governor. The
duties of the board included an annual
report to the General Assembly, maintenance
of facilities, appointment of all
officers and guards, securing all labor contracts em-
ploying convicts, and enforcing
reformatory programs. County jails and municipal
lockups were controlled by Common Pleas
courts, but administration was usually
left to the sheriff.2 Jails
confined misdemeanants, persons accused of crimes, and
occasionally witnesses. They were
punishment and detention centers where inmates
were indiscriminately mixed under
notoriously inhumane conditions.
By 1860, while conditions in local jails
remained unchanged, the General Assem-
bly had passed two prison reform acts
modeled after New York and Massachusetts
laws. An 1856 act known as the
"good time law" permitted an inmate to reduce
his prison term through good behavior.3
An act passed in 1857 required classifica-
tion and separation of prisoners
according to "age, disposition and moral character."
This law specified that prisoners who
were assigned work with contractors be given
compensation. Inmates under twenty-one
were to be placed "in a shop by them-
selves," when character and conduct
permitted it, and be given employment that
would be beneficial after their
discharge. The law required the warden to send illiter-
ates and poorly educated convicts to
classes for two hours in the evening of each
working day from October to April and
for one and one-half hours each working
day for the remainder of the year.4
Although the intent of these laws was to
strengthen existing correctional programs
and to promote new rehabilitation
measures, prisoners at the penitentiary experi-
enced a decade of neglect and
debasement. Two major epidemics, frequent fires,
deterioration of facilities,
overcrowding, misuse of convict labor, alleged corruption
among officials and political jobbery
undermined reformatory discipline. Between
1850 and 1860 the succession of five
different boards of directors and eight wardens
led to shifting and often conflicting
policies partly because there was no common
standard of professionalism. Officials
were usually hired on the basis of political
partisanship or business
accomplishments, as well as on their social standing, gentle-
1. For a survey of the Ohio penal
system, 1803 to 1850, see Clara Bell Hicks, "The History of
Penal Institutions in Ohio to
1850," Ohio Archaeological and Historical Quarterly, XXXIII
(October 1924), 359-426; Ohio, Senate
Journal, 1812, p. 9.
2. Laws of Ohio, 1843, "An
Act for the Regulation of County Jails," XLI, 74-77.
3. Laws of Ohio, 1856, LIII,
133-134.
4. Laws of Ohio, 1857, LIV, 127-129.
manly conduct and Christian character.5 The extent and effects of this fluctuation and conflict in policy are best illustrated in the administrations of Wardens Laurin Dewey and Asa Dimmock. Warden Dewey (1846-1850) shared many of the attitudes held by philanthropic reformers. He thought public sentiment toward the treatment of prisoners was "too harsh, unyield- ing and unforgiving." Dewey believed that prison discipline should incorporate the Christian spirit of forgiveness which led the fallen "from the bylanes of vice and wickedness ... into the paths of virtue and probity."6 Under his regime prisoners were encouraged to read the Bible, pray before breakfast, go to services conducted by the chaplain and attend Sabbath school led by volunteer teachers. Dewey was particularly proud of the prison's library, singing school and special events such as temperance speeches, a sermon on Thanksgiving Day, songs on July Fourth and the appearance of "distinguished vocalists." He stressed the importance of musical programs because they contributed to that "great end of prison discipline, improvement and reformation" of the inmates. Observing that some prisoners wept during the concerts, Dewey concluded that music had effects which were "good, softening and subduing to their spirits, and filling them with gratitude for the effort to entertain them, and to break the dread and drear monotony of prison life."7 To improve the moral environment Dewey insisted that guards be models of Christian deportment. Guards were not to whistle, shuffle, laugh loudly or act in an undignified manner. When dealing with inmates guards were to show "mutual re- spect and kindliness and endeavor to exact the character and promote the interests of the Institution." For the prisoners Christian deportment meant silence and con-
5. Three examples follow. L. W. Babbitt, who became one of the directors of the Ohio Peni- tentiary in 1856, was recommended because he was "a gentleman of Education & of good busi- ness habits, formily [sic] a democrat but now a strong supporter of the republican cause." Petition to Governor Salmon P. Chase, January 24, 1856, Box 2, Chase Papers, Ohio Historical Society, J. D. Morris was recommended to continue as a director because his qualifications fulfilled the requirements of the office: he was from the right part of the state, had "good moral character," was a businessman who would "likely watch with care the interests of the State" as well as the "wellbeing" of the inmates, and was a "good Republican" whose reappointment would "go far to shut the mouths of the opposition." Elbridge G. Ricker and William West to Salmon P. Chase, April 5, 1856, ibid. In 1854 Colonel Harris was nominated because he was a "thorough going and hard working Democrat" and because his appointment would be "Satisfactory to the party in this County." G. L. Vattier to Governor William Medill, January 13, 1854, Box 1, Medill Papers, Ohio Historical Society. 6. Ohio, Executive Documents, "Annual Report of the Directors and Warden of the Ohio Penitentiary, 1850" (1851), XV, Part I, 128, 129. 7. Ibid., 130-131. |
trition. Prisoners were not to communicate with each other, exchange looks or winks. They were to show respect for the guards and visitors. Their discipline also included the lockstep and punishment by solitary confinement, the shower bath and whipping not to exceed ten strokes--for misconduct.8 This policy continued until 1852, when a new board of directors and its warden, Asa G. Dimmock, overturned the system. In his first report Warden Dimmock asserted that he found the prison to be a "bedlam." According to Dimmock, disci- pline and order had broken down and it appeared as though the prisoners had taken over the penitentiary. He reported that instead of silence and Christian deportment, rowdy convicts openly used profane language and sang obscene songs. Dimmock found locked chests in cells where the inmates kept food and "deadly weapons." One convict, he stated, had recently attacked Deputy Warden John Huffman, nearly kill- ing him with a knife he had presumably concealed in a locker. Dimmock concluded that prisons accomplish "more good, in the protection of the rights of person and property, and have a greater moral influence upon society" with rigid discipline, shorter sentences and fewer pardons. He stressed the importance of using the prison as a deterrent to crime by making it a "terror to evil doers." Dimmock argued that "whenever the Penitentiary becomes a pleasant place of residence--when it ceases to be regarded with fear and dread by those disposed to do evil--whenever a relaxa- tion of its discipline, a mitigation of its deprivations, and an extension of its privi- leges, converts it into something like an Asylum for the wicked, then it loses all its influence for good upon the minds of men disposed to do evil, and affords no per- manent security to the lives and property of the people." The warden expressed determination to deprive the inmates of all the luxuries and joys of life to emphasize
8. Ibid., 173, 177. |
Ohio Penal System 241
the "difference between vice and
virtue--honesty and crime."9 For the remainder
of the century, under different wardens,
prison discipline often fluctuated between
the extremes of Dewey's Christian
deportment and Dimmock's deterrence through
deprivation and terror.
Prisoners were subjected not only to
inconsistent disciplinary practices but also
to appalling physical conditions which
made a mockery of rehabilitation. In 1849,
"121 prisoners died largely from a
cholera epidemic," while in 1852 inmates were
described as "neglected and poorly
clad, niggardly fed." Buildings, already dilap-
idated, were permitted to deteriorate
further to reduce maintenance costs. In 1856
the prison directors reported that the
"cells [were] infested with bed-bugs and fleas,
the stoves and heating apparatus broken
up, the fire-engine useless for the want
of repairing, and the hose belonging to
it unfit for use."10 In 1857, however, some
of the wooden beds and floors were
replaced with iron bedsteads and cement floors,
reducing the vermin and packs of rats.
Despite these improvements Warden John
Ewing observed that an inmate was
released after six or ten years "with a constitu-
tion completely broken down, a common
suit of clothes and five dollars in his pocket.
Justice and humanity calls aloud for a
remedy! Will the call be responded to?"11
By the end of the 1850's the
penitentiary was in disarray. A typhoid epidemic in
1858, frequent fires of "unknown
origin" and a rising prison population threatened
order and thwarted rehabilitation. The
chaplain, Lorenzo Warner, who was primar-
ily responsible for reformatory
programs, tried to look at the prison's troubles through
lenses tempered with optimism and pious
hopes. While his report asserted that "prog-
ress" was being made toward convict
reformation through the good time law and
prison school, he also confessed that
the prison was a "failure" as a reformatory
institution. In a moment of candor he
compared his position and that of his fellow
officers to being between Scylla and
Charybdis. The person trying to reform convicts:
Is between the State and the State's
prisoner, and if he shift [sic] to the side of humanity
and reform, citizen bullets whistle all
around him, and if he turn [sic] to protect the State,
poison arrows, dipped in calumny, will
cut the air close to his ear, and stick in his gar-
ment, if not in flesh.12
The following year a nineteen percent
increase in prison population undermined
further Warner's frustrating efforts to
reform criminals. Because the number of
inmates (853) exceeded the number of
available cells (695) officials were forced
to convert the chapel into a dormitory
for an average of 135 men, thus adding to the
breakdown of the Auburn rules of silence
and separation.13
Alleged corruption by guards and prison
officials and state exploitation of convict
9. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1852" (1853), XVII,
Part II, 24-30. For additional evidence of Dimmock's punitive
and "terror" policy, see Ohio,
Executive Documents, "Annual Report of the Directors and
Warden of the Ohio Penitentiary,
1853" (1854), XVIII, Part I, 488-489.
10. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1850" (1851), XV,
Part I, 143, 147-148; ibid., "Annual Report, 1852" (1853),
XVII, Part II, 4; ibid., "Annual
Report, 1856" (1857), XXI, Part I, 73.
11. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1857" (1858), XXIII,
Part I, 201.
12. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1858" (1859), XXIII,
Part I, 195-203.
13. Ohio, Executive Documents, "Governor's
Annual Message, 1859" (1860), XXIV, Part II,
49; ibid., "Annual Report of
the Directors and Warden of the Ohio Penitentiary, 1859," Part I,
335.
242 OHIO
HISTORY
labor further discredited the
penitentiary. In March 1856 a former clerk at the
penitentiary, R. S. McEwen, was indicted
for embezzlement. In July of that year
McEwen printed a disclaimer in which he
accused former Wardens Dimmock and
Buttles of theft. McEwen quoted an
earlier published rumor that Dimmock had
turned the female wing into a harem for
his own pleasure. Warden Buttles was
called "one of the most consumate [sic]
hypocrites that ever disgraced a tabernacle
of poor frail humanity." McEwen
accused Buttles of seducing a young lady after
promising her that he would use his
influence with the governor to get a pardon for
her cousin.14
The scandal was exploited by the
Republican administration, which had replaced
the Democrats. In its 1856 annual report
the new board of directors charged that
Dimmock and Buttles owed the
penitentiary between $3500 and $4000. In addition
the board accused prison officers and
"outsiders" of using prison workshops to make
personal items for themselves, such as
clothing, shoes, and furniture. The directors
also criticized state use of convict
labor to construct the capitol building. They
charged that this use of convict labor
increased prison costs by inefficient perfor-
mance compared with free labor, by
higher cost of guarding the men outside prison,
and by loss of revenue received from
contract labor performed within the prison.
The construction of the capitol also
disrupted prison discipline because convicts were
smuggling tobacco and liquor and were
arranging escape plans while they were out
on work assignments. The directors'
report concluded with the statement that with
good business management "the
Institution will support itself and yield a small rev-
enue to the State."15
In 1860 Republican Governor Salmon P.
Chase, in an effort to correct the physi-
cal inadequacies and overcrowding at the
penitentiary, appointed a commission, au-
thorized by the legislature, to consider
enlarging the facilities.16 The legislature acted
by passing laws authorizing the
expansion of the penitentiary as well as the construc-
tion of a new 800-man prison.17 These
recommendations were not carried out be-
cause of the disruption caused by the
Civil War and a twenty-eight percent drop in
prison population between 1861 and
1865.18 During the war rehabilitation programs
were all but abandoned as prison
managers became preoccupied with mounting
deficits. In their 1863 annual report
the directors stated that the law requiring class-
ification of offenders and separation of
inmates under twenty-one from the rest of
the population "was totally
impractical under existing circumstances." The chaplain
voiced his disappointment at the low
enrollment--twenty to thirty men--in the
day school. In 1866 Chaplain Albert G.
Byers confessed that "the indiscriminate
association of prisoners, regardless of
age or degree of criminality, renders hopeless
14. R. S. McEwen, The Mysteries,
Miseries, and Rascalities of the Ohio Penitentiary, from
the 18th of May 1852, to the Close of
the Administration of J. B. Buttles (Columbus,
1856),
3-5, 62.
15. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1856" (1857), XXI,
Part I, 75-79.
16. Ohio, Executive Documents, "Governor's
Annual Message, 1859" (1860), XXV, Part II,
49. The address was made on January 2,
1860.
17. Laws of Ohio, 1860, LVII,
57-58; ibid., 1861, LVIII, 62-64.
18. Inmate statistics can be found in
each volume of the penitentiary reports. A summary of
reception and population statistics
reproduced at the end of this article (p. 261) appeared in Ohio,
Executive Documents, "Annual Report of the Directors and Warden of the
Ohio Penitentiary,
1900" (1901), LXIV, Part I,
517-518.
Ohio Penal System 243
such efforts at reformation as might
otherwise promise success."19
In January 1867 Republican Governor
Jacob D. Cox and the General Assembly
hoped to end this drift and find new
methods of coping with the alarming increase
in prison population, which jumped
thirty-four percent between 1865 and 1867, by
creating a State Board of Charities.20
The board, which was fashioned after New
York and Massachusetts boards, was
established in 1867 to inspect the penal system
and offer ways and means of improving
it.21 In a series of reports the Board of State
Charities denounced the penitentiary and
condemned the local jails as a "disgrace
to the State and a sin against
humanity." The jails' filth and depressing influences
were "most perfectly adapted to
destroy self-respect--the basis of all manly char-
acter--and to educate and perfect the
younger and less hardened, to the full capac-
ity of their teachers." The jails
were, in short, "little better than seminaries of
crime."22
The board recommended that these
conditions be corrected through classification
and separation of prisoners according to
age and crime, by providing religious and
moral instruction for the young and
useful employment for all. The board's secre-
tary and former penitentiary chaplain,
Albert G. Byers, also suggested that supervi-
sion over Ohio jails be transferred from
local to state officials. Central control was
necessary to enforce uniform discipline
and common hygienic standards because local
officials neglected their duties. He
observed that there was not a "county jail in the
State where the laws can be practically
applied. There is also such diversity of
administration as to render our jail
system one of unmitigated evil." The following
year the board proposed an integrated
state-supervised system of municipal houses
of correction, detention centers for the
accused, and regional workhouses for minor
offenders.23
The State Board of Charities, after
censuring the penitentiary for its failures to
reform criminals, advocated a system of
specialized or "graded" prisons with the
regime of each institution adjusted to
the type of inmate. The board recommended
construction of a prison for adult
offenders of all ages who were not considered
hardened criminals and urged that no
institution exceed 500 to 600 inmates to permit
personalized treatment. The board also
recommended that discipline at the peni-
tentiary be stiffened and that it
"should embrace as much of sternness, not to say se-
verity, as would be consistent with a
highly civilized and Christian State like Ohio."
At the other end of the projected graded
system, men in the proposed intermediate
prison "should be surrounded with
every good influence possible." They were to be
made aware that the "'way of the
transgressor is hard,'" yet they were also to be
given opportunities to improve their
character through religious and educational
programs. The mark system was endorsed
as a means of recording a prisoner's
19. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1863" (1864), XXVIII,
Part II, 10, 17; ibid., "Annual Report, 1866" (1867),
XXXI, Part II, 195.
20. Ohio, Executive Documents, "Governor's
Annual Message, 1866" (1867), XXXI, Part I,
270.
21. Correspondence from Governor Jacob
D. Cox to prospective members of the board shows
that the legislature conceived the board
to be advisory, and essentially a showcase for reform
rather than an instrument of change. Cox
pointed out that the board's powers had to be grad-
ually increased through hard work and
the prestige of its members. Letterbook February 20,
1867--May 31, 1868, Box 6, Cox Papers,
Ohio Historical Society.
22. Ohio Board of State Charities, Annual
Report for the Year 1867 (1868), 3, 10-11.
23. Ibid., 5, 11, 34; ibid.,
Annual Report for the Year 1868 (1869), 12-15.
244 OHIO
HISTORY
progress toward reformation. The board
suggested that marks be used to determine
the transfer of a prisoner to an
institution within the system which conformed to the
measured change in the inmate's
character. The 1867 report accepted the scheme
presented by Gideon Haynes, warden of
the Massachusetts State Prison, that the
length of a sentence be determined by
the inmate's conduct as measured by the mark
system. According to Haynes, good marks
reduced the prison term and bad marks
lengthened imprisonment.24
These proposals made by the Ohio Board
of State Charities were part of an emerg-
ing reform effort to adapt features of
the Irish prison system for adult felons to
American penal institutions. Between
1854 and 1863 that system was developed
in Ireland by Walter Crofton and was
popularized in America by Enoch Cobb Wines,
Secretary of the New York Prison
Association, and by Franklin B. Sanborn of the
Massachusetts Board of State Charities.
Under the Irish system a convict spent his
first eight months in solitary
confinement followed by a second stage of confinement
where he was employed on public works
during the day and was housed in an indi-
vidual cell at night. No conversations
with other inmates were permitted in the
public works prison. Within this stage
the prisoner's conduct was recorded and
measured by a mark system first devised
in 1840 by Alexander Maconochie when
he served as governor of the Norfolk
Island (Australia) penal colony.
Under Maconochie's plan each convict was
assigned a debt of marks equivalent
to the severity of his crime. The
principle of the scheme was to place the responsi-
bility for parole in the prisoner's
hands by granting early release as soon as the con-
vict paid his debt of marks. In
Maconochie's model the earning columns consisted
of four sub-categories which were
personal deportment, diligent labor, academic
achievements, and religious knowledge. A
prisoner lost credits and increased his
debt through misconduct and for
"indulgences" like extra food. Maconochie argued
that marks should be subtracted for
luxuries "to prove and strengthen character by
exhorting men voluntarily to
reform." Although the deduction of marks did not
add extra years to the term set by law,
deductions did reduce the chance of parole.
Maconochie believed that the mark system
ended monotonous prison life and created
a regimen of incentives and rewards,
particularly through early release, which re-
formed inmate character. Crofton adopted
a variation of Maconochie's plan as an
incentive for Irish inmates to improve
their "grade," enjoy increased privileges, and
"earn" a transfer to an
"intermediate prison." In the intermediate prison an inmate
worked without close supervision and
occasionally was employed outside the prison.
Instead of confinement in separate cells
at night, the convict was housed in a dormi-
tory. Any breach of the rules during the
third stage of confinement meant immediate
reversion to the public works prison.
Upon proof of reformation, however, the pris-
oner was granted a "ticket of
leave," or parole, under police supervision.25
The principles, apparatus, and reported
success of the system in rehabilitating
24. Ibid., Annual Report for the Year
1867 (1868), 5-10.
25. This section on the Irish prison
system is a synthesis of numerous sources. For a descrip-
tion of the four stages of the Irish
system as well as views on penal reform which were adopted
by the Ohio Board of State Charities see
Enoch Cobb Wines and Theodore W. Dwight, Report
on the Prisons and Reformatories of
the United States and Canada (New York,
1867), 62-77.
The mark system was described by
Alexander Maconochie in a series of letters and published
works. Alexander Maconochie, Penal
Discipline: Three Letters (London, 1853) and Alexander
Maconochie, Penal Discipline (London,
1856), 1-5. For general surveys of English prison devel-
opments including the Irish system see
Lionel Fox, English Prisons and Borstal System (London,
1952) and Gordon Rose, The Struggle
for Penal Reform (London, 1961). The popularization
Ohio Penal System 245
criminals appealed to American reformers
such as Wines, Sanborn, and Byers. The
Irish system encouraged the inmate along
a course toward reformation through a
rational and controlled process. The
first part of the process was apparently intended
to break the inmate's will and to induce
contrition through eight months of solitary
confinement. In the second phase the
criminal's character was hopefully reshaped
through a program of public works and
rewards for good conduct which was mea-
sured by a mark system. In the third
step the inmate was prepared for economic
usefulness and social reintegration
under quasi-normal conditions in the intermediate
prison. The success of the reformatory
programs was tested during the subject's
parole. By urging the adaption of this
process to the Ohio penal system in its 1867
report, the Ohio Board of State
Charities rejected the conventional Auburn model
of prison discipline. The board
contributed to a new thrust in American prison
reform which led to the creation of the
National Prison Association in 1870 and
the reformatory movement prominent in
the latter part of the century.26
In the late 1860's, however, the board's
proposals were thwarted by conservative
and skeptical penal officials. In their
1867 report the penitentiary directors referred
to reform plans as "mere
theory." They stated that as yet there was no solution to
the problem of criminal rehabilitation;
that despite existing labor, moral, and reli-
gious programs criminals left prison
"as hardened and as dangerous to the State as
they were when they were
sentenced." While not proposing any changes themselves,
the directors warned that implementing
penal theories "without careful observation
and practical tests, is of little
value." They concluded that more consultation among
prison officials should precede the
introduction of reforms.27 In 1868 the General
Assembly did not adopt the reformatory
concept but passed a joint resolution to
expand the penitentiary, thereby
maintaining the status quo.
The work of an 1869 house committee on
prison reform revealed the continuing
controversy and political mudslinging
generated by proposals to recast the penal
system. That committee introduced
legislation abolishing the prison board of direc-
tors and establishing a Board of
Classification which was to be composed of four
of the Irish system was the major thrust
of post-Civil War prison reform. Franklin B. Sanborn,
"American Prisons," North
American Review, LII (1866), 404-412. In 1870 the first congress
of the National Prison Association
meeting in Cincinnati focused on the Irish system and tried
to popularize it. See pamphlet,
John P. Resch, "The 1870 Cincinnati Prison Congress" (Center
for the Study of Crime, Delinquency, and
Corrections, Southern Illinois University, 1970), 3-22.
For papers on the Irish system given at
the Cincinnati Congress see Enoch Cobb Wines, "The
Present Outlook of Prison Discipline in
the U.S.," The National Prison Congress Transactions,
1870 (Albany, 1870,) 15-20, and Franklin B. Sanborn,
"How Far is the Irish Prison System
Applicable to American Prisons?" ibid.,
406-414. Later support for the Irish system came from
Oliver Wendell Holmes. See Oliver
Wendell Holmes, "Crime and Automatism," Atlantic
Monthly, XXXV (1875), 477-481.
For an early Ohio reference to the
achievements of the Irish prison system see Governor Jacob
Cox's annual message to the General
Assembly in January 1867. In that speech Cox pointed out
the prison experiments being carried on
in other states and noted the success of the Irish system
in Great Britain. Ohio, Executive
Documents, "Governor's Annual Message, 1866" (1867), XXXI,
Part II, 268-269. In its 1869 annual
report the Board of State Charities asserted that the Irish
system was the best it had studied. The
report developed features of that system and urged that
parts of it be applied to the
penitentiary. Ohio Board of State Charities, Annual Report for the
Year 1869 (1870), 18-21.
26. For an overall account of the
movement for adult reformatories and the early experiments
at the Elmira, New York reformatory, see
Blake McKelvey, American Prisons (Chicago, 1936),
107-115, and Louis B. Robinson, Penology
in the United States (Philadelphia, 1923), 125-126.
27. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1867" (1868), XXXII,
Part II, 280; Laws of Ohio, 1868, LXV, 302-303, 305.
246 OHIO
HISTORY
unpaid commissioners and the warden. The
creation of a Board of Classification
reflected the house committee's intent
to make the penitentiary more reformatory
by specifically charging its
administration with the duty of classifying convicts "with
respect to age, sex, character, and
probable reformation" and prescribing training
for each criminal class. The bill also
provided for construction of an intermediate
prison in the northern half of the
state. In the hearings on the bill Warden Charles
C. Walcutt argued that there was no need
for a new prison because inmate popula-
tion had peaked and was beginning to
decline. In addition Walcutt alleged that add-
ing another prison would lead to
duplication and failure. The house committee
rejected Walcutt's arguments and
asserted:
Believing, with the worthy warden, that classification,
with a view to the reformatory treat-
ment, is demanded by the best interests of the State and
every consideration of Christian
humanity, we are led to ask, can that
be done by enlarging this prison [the penitentiary]
to a capacity for two thousand to three
thousand convicts [the projected population fig-
ures made by the committee for 1899] as well
as for the convicts and as profitably for the
State, as by having two or more prisons?28
The committee further cited the report
of the Prison Association of New York
which endorsed the construction of small
institutions for 300 to 600 men and an
intermediate prison. "These are the
unanimous convictions," the legislators ob-
served, "of all the prison
managers, of a lifetime's experience. But our worthy
Warden, with his three years'
experience, holds a different opinion." The committee
answered Walcutt's charge that those who
wanted another prison were selfishly dis-
regarding the interests of the state by
accusing the people and representatives of
Columbus and Franklin County of
hypocrisy and duplicity. The committee revealed
that the prices for food and articles
purchased by the prison in central Ohio as well
as maintenance costs were higher than in
the northern part of the state. They
asserted that "the people of
Columbus and Franklin County ... have for forty years
been, and are still, fattening at the
public crib--selling this 'stuff' to the prison
for two, three, and four prices."29
The State Board of Charities joined the
fray by attacking the political contamina-
tion of the penitentiary management.
"Party politics," the board stated in its 1869
annual report, "and, even worse,
party cliques or rings, have too long controlled the
appointments and consequently the
management of the Ohio Penitentiary." The
board asserted that the prison system
was "radically defective" and urged a change
in sentencing to give prison officials
authority to release criminals when they were
judged reformed. "This plan
proposed the treatment of the criminal, rather than
the treatment of his crime. It looks
upon the man as morally and socially disordered.
... Let the criminal be sent to prison;
let him be treated as his case may seem to
require; when he recovers, discharge
him." The board repeated its support of the
Irish system and averred that despite
defects which can be found in any penal system,
28. Ohio, House Journal, 1869, "Reformatory Penitentiary System,"
26-60. Prior to this report
a joint committee of the General
Assembly submitted its findings on the proposal to build a new
prison. That committee recommended that
no further expansion be made at the penitentiary,
which had been enlarged from 700 to 1050
cells between 1860 and 1868. The committee advised
that a smaller institution be built in
the northern part of the state. Unlike the later house
committee report, the joint committee
avoided penal theory by suggesting that the question
whether the new institution should be an
intermediate prison "can best be regulated after the
construction of the new buildings, by a
proper revision of the laws."
29. Ibid., 28-45.
Ohio Penal System 247
it was the best existing prison regime.
Apparently aware of the political obstacles
blocking authorization of an
intermediate prison, the board suggested that the addi-
tions to the penitentiary being
considered by the legislature include "three distinct
and virtually separate prisons"
under a common management. Each unit should
adapt features of the Irish
system--separation in the first unit, congregate labor in
the second, reformatory programs with
progress presumably measured by marks in
the third. The board, however, did not
feel that parole or ticket of leave as it was
known in Great Britain was practical
because of "our vast extent of country and
its many political divisions, each
constituting an independent jurisdiction."30
The failure of the Board of Charities
and its supporters to pass legislation at this
time establishing an intermediate prison
and recasting prison management revealed
the weakness of the penal reform
movement. The appeals for reform were appar-
ently effectively repulsed by
conservative prison officials and their political allies.
In their 1870 annual report the prison
directors accused the reformers of trying to
make the prison a "place of ease
and leisure" and to strip it of "every vestige of ter-
ror or aversion." They rejected the
proposal to permit prison authorities to release
criminals when cured because such
decisions should not be left to the fallible mind
of man and because of inconsistent
management due to the spoils system. They
contended that the existing good time
law was wise, adequate and workable. The
directors continued to defend contract
labor, which the board had questioned, by
arguing that there was no evidence that
contract labor impaired reformation and
that it was profitable. The directors'
support of the status quo and their suspicion
of change was succinctly recorded:
"We prefer our present system, to one which
has failed financially, or to an untried
experiment."31 The inertia of the system and
a decline in prison population at the
turn of the decade to a level well within the
physical limits of the penitentiary
weakened the effort to recast Ohio's penal system,
and in February 1872 the legislature
dissolved the Board of State Charities.
Between 1872 and 1876 prison officials
continued their efforts to make the peni-
tentiary profitable and useful to the
state. In 1873 the directors exclaimed that the
"Penitentiary has not only
maintained itself during the past seven years, but it has
in addition paid into the State Treasury
more than fifty-eight thousand dollars....
With prudence and economy, and in the
absence of an epidemic or other great calam-
ity, it may continue to be self
supporting." The usefulness of the prison was in-
creased by the construction of a gas
works within the walls which was to supply the
penitentiary as well as local public
benevolent institutions. In 1875 the legislature
tried to ensure a profit from the prison
by authorizing the construction of new shops
to lure contractors to hire convict
labor. In their annual report for 1875 the directors
credited these shops for keeping the
prison in the black despite the panic which ad-
versely affected the economy.32
In addition to making money, officials
attempted to improve the hygienic condi-
tions of the prison. In 1873 a cholera
epidemic left twenty-one inmates dead and
aroused efforts to improve the
penitentiary's sanitary system. The following year
30. Ohio Board of State Charities, Annual
Report for the Year 1869 (1870), 14-21.
31. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1870" (1871), XXXV,
Part I, 18, 437-446; Ohio Board of Charities, Annual
Report for the Year 1870 (1871), 18. The Board of State Charities argued that
contracts should
be let which would provide useful job
training for the inmates. This argument challenged a
prison practice of making contracts
which returned the greatest profit to the prison.
32. Annual Report of the Directors
and Warden of the Ohio Penitentiary, 1873 (1874), 29-32;
ibid., 1875 (1876), 6-8.
248 OHIO
HISTORY
Warden G. S. Innis appealed to the
legislature for funds to replace poorly ventilated
cells which he called "abominable,
a disgrace alike to the State and the civilization
of the age." In 1875 Innis repeated
his request and added that many of the old
cells were infested with bedbugs and
other insects which made hygiene impossible,
and overcrowding again strained the
prison's physical facilities. Between 1872 and
1876 the number of commitments increased
135 percent from 334 to 785 while total
prison population rose 68 percent from
867 to 1,456 by 1876. An old shop was
converted into a dormitory for 150 to
200 men, and in 1875 and 1876 new cells were
authorized to accommodate the overflow,
thus delaying the replacement of the older
cells.33
During this period prison officials
looked askance at reformers and showed no
evidence of applying innovative
measures. Referring to the Cincinnati and London
prison congresses of 1870 and 1872, the
prison directors observed in their 1872
report: "We are not aware that any
practical results have been attained by these
meetings, or that any benefit has been
derived from them unless they have aided in
directing public attention to this
subject." They suggested a meeting of wardens
which the directors said "would
proceed from experience and practical knowledge,
and therefore be safe."34
The following year the directors, who
did not acknowledge the existence of the
Irish system, repeated that the prison
reform congresses had had very little impact.
"Many plans which were discussed
have been tried and abandoned, and some were
so crude that no one will attempt them.
The only convention by means of which
good may be accomplished must be
composed of a few men of practical experience,
who can compare views without attempts
at oratorical display, or producing essays
for publication." Prison officials
were content to promote rehabilitation through
a regimen of "Christian
charity" and a discipline described by Warden Innis in his
report of 1873 as "kind and
paternal; strict . . but not tyrannical."35
Between 1872 and 1876 organized efforts
to reform the penal system persisted
despite the inertia of prison officials
and disbandment of the Board of State Charities.
In August 1874 a voluntary organization,
called the Prison Reform and Children's
Association of Ohio, was formed by Byers
and former members of the board. The
purpose of the association was to
improve "the structure, discipline and management
of our penal, correctional and
reformatory institutions whether in cities, counties or
state."36 The members
tried to achieve these objectives by dramatizing the deplor-
able conditions in the institutions and
their failure to rehabilitate criminals and
safeguard society. Most of the effort to
popularize the association's cause and to
generate public pressure on the
legislature to reform the penal system was left to
Byers. In 1875 he traveled throughout
the state collecting contributions for the asso-
ciation, inspecting institutions,
reporting their condition to church gatherings, and
urging his listeners to form local
prison societies to support prison reform.37 By the
33. Annual Report of the Directors and Warden of the Ohio Penitentiary,
1873 (1874), 39;
ibid., 1874 (1875), 14; ibid., 1875 (1876), 15, 16, 18; ibid.,
1876 (1877), 4-6.
34. Ohio Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1872" (1873) XXXVII,
Part I, 553.
35. Annual Report of the Directors
and Warden of the Ohio Penitentiary, 1873 (1874), 26-29,
32: ibid., 1874 (1875), 21.
36. "Proceedings of the Prison
Reform and Children's Aid Association," Collection 142, Box
21, Janney Family Papers, Ohio
Historical Society.
37. Dr. Albert G. Byers, Diaries,
Collection 156, Box 5, Byers Family Papers, Ohio Historical
Society. See also Scrapbook, ibid.,
Box 4.
fall of 1875 Byers believed that socially and politically influential persons in the state were embracing the association's cause. The election that year of Rutherford B. Hayes as governor increased Byers' optimism because of Hayes' sympathy with penal reformers. In April 1876 Governor Hayes and the General Assembly responded to the Prison Reform and Children's Association's work by reestablishing the Board of State Char- ities. The new board's powers, like its predecessor's, were limited to inspection of prisons and giving advice on ways and means of reforming the system. In its annual reports between 1877 and 1883 the board renewed demands for state supervision of jails rather than leaving treatment of those guilty of minor offenses to "county authorities who cannot properly discharge such duty." It revived earlier plans for houses of detention for persons awaiting trial, district workhouses for minor of- fenders, adaptation of the Irish system, enforcement of reformatory rather than puni- tive discipline, an end to contract labor, and it recommended construction of a refor- matory for young offenders and the indeterminate sentence. Two new proposals were added to the board's program by Roeliff Brinkerhoff, a lawyer and banker from Mansfield who had joined the board in 1878 and had be- come an active lobbyist for his fellow reformers and a popularizer of a number of English penal innovations. He became familiar with English practices through extensive correspondence with Barwick Baker, a Gloucestershire squire and magis- trate who was one of the founders of the English reformatory system. Between 1880 and 1883 Brinkerhoff became Baker's disciple and advocated adoption of the Glou- cestershire practices of longer sentences for repeating offenders and police supervi- sion of habitual criminals and those on probation. Brinkerhoff assured the Ohio legislature that these proposals which the board included in its 1880 report were not pious theories, but that they had been "tried upon a large scale and found to be of value in the treatment of crime," by reducing recidivism and protecting society.38
38. Ohio Board of State Charities, Annual Report for the Year 1877 (1878), 6-11; ibid., Annual Report for the Year 1879 (1880), 6-9; ibid., Annual Report for the Year 1880 (1881), 8, 16-25; ibid., Annual Report for the Year 1881 (1882), 8; ibid., Annual Report for the Year 1883 (1884), 17-20; Thomas Barwick Lloyd Baker to Roeliff Brinkerhoff, 1880-1885, Baker |
250 OHIO HISTORY
Even though the Board of State
Charities' program had merit, little was achieved
since it did not have the political
leverage necessary to effect reform. The board's
views and influence were only a fraction
of the competing and often conflicting in-
terests affecting the prison system.
Through a series of enfeebling compromises, the
board's demands for state supervision of
jails and construction of district work-
houses were circumvented. An 1880 act
which required local officials to submit
plans for new jails to the board for
suggestions failed to give the board power to
enforce its standards. Instead of
transferring supervision of jails to the state as the
board recommended, an 1882 act
authorized each county Court of Common Pleas
to appoint a board of visitors to
inspect all county charitable and correctional insti-
tutions. The five member board, three of
whom were to be women, was to inspect
the institutions at least once every
three months and "recommend such changes and
additional provision as they may deem
essential for their [the institutions'] economi-
cal and efficient administration."
The county boards' reports were to be submitted
to the clerks of Common Pleas and to the
State Board of Charities. A third act
dealing with local institutions was
passed on March 29, 1883. That act authorized
the commissioners of neighboring
counties jointly to build, manage and maintain
a workhouse for minor offenders. The
cooperative workhouse required the approval
of a majority of voters in the
participating counties. Upon approval by the voters,
county commissioners were to select a
site and levy a tax or issue bonds to build
the facility.39
The Board of State Charities evaluated
these legislative reforms of local penal
institutions in its 1883 annual report.
Referring to the 1882 act, the board pointed
out that only fifty of Ohio's
eighty-eight counties had a board of visitors, and it urged
that the appointment of visiting
committees be made mandatory. The basic weak-
ness of that law was not the optional
appointment of visiting committees; instead,
the act failed to give those committees
any power to enforce their recommendations.
That law like the 1880 act did not
incorporate the board's demand for state super-
vision of local jails. The 1883 law
authorizing district workhouses produced no
immediate results. The board observed
that "the difficulties of combining counties
for the location and government of such
work-houses are so great as to afford but
little prospect of any favorable
outcome." The board repeated its request that the
state build and manage district
workhouses.40 Thus, despite considerable legislation,
control over jails as well as their
deplorable condition remained virtually unchanged.
The board's efforts to recast the penal
system around its plans for rehabilitation
faced the continued resistance of prison
administrators who stressed the importance
of a self-supporting institution. Prison
officials also averred that the existing system
was humane and reformatory.41 In
1883, however, reporters from the Cincinnati
Enquirer disclosed that prisoners lived in a regimented,
monotonous, punitive and
dehumanized system which exploited their
labor to profit contractors and the state.
Papers, Hardwicke Court,
Gloucestershire, England. This correspondence has been microfilmed
and deposited at the Ohio Historical
Society. See also Roeliff Brinkerhoff, Recollection of a
Lifetime (Cincinnati, 1900), 257.
39. Laws of Ohio, 1880, LXXVII,
227-228; ibid., 1882, LXXIX, 107-108; ibid., 1883,
LXXX, 81-84.
40. Ohio Board of State Charities, Annual
Report for the Year 1883 (1884),
19-22.
41. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1880" (1881), XLV,
Part I, 9-21; ibid., "Annual Report, 1881" (1882), XLVI,
Part I, 234, 246-247; ibid., "Annual
Report, 1883" (1884), XLIX, Part I, 20.
Ohio Penal System 251
The reporters described what modem
sociologists call a "total institution" and "pris-
onization." In a total institution
an inmate's independence and identity are eroded
to child-like dependence through long
terms, coercion and punishment. Prisoniza-
tion occurs when the inmate is converted
into an automaton suitable for institutional
manipulation, conformity and control.42
Persons who resisted prisonization were
likely to become hardened inmates whose
bitterness erupted in aggression against
fellow convicts, guards, the institution
and eventually society. For a convict entering
the penitentiary in 1883 the process of
prisonization began with the reception pro-
cedure. After the chaplain recorded the
prisoner's vital statistics, the inmate's hair
was cropped "to the same length all
around," his facial hair shaved, he was given a
striped suit and his name was replaced
by a number. He was examined by a doctor,
bathed, assigned to a cell, and placed
in a work company according to his physical
classification, the requirements of the
contractors and the needs of prison.43
The prisoners' week followed a
meticulous schedule, resulting in a repetitious pat-
tern of controlled behavior. Visitors to
the penitentiary observed that long-term
convicts suffered a malaise, sometimes
referred to as prison sickness, from the
monotony, boredom and control. During
the winter months inmates were awakened
at 6:45 A.M. (5:15 in the summer). The
guards armed themselves with repeating
rifles, revolvers, or clubs shaped like
a walking stick with brass "ferrules" at each
end. At 7:00 the prisoners were counted,
formed into companies and marched lock-
step--a close order step with each
inmate placing his right hand on the right shoul-
der of the man ahead of him--to the bath
house. Following a quick wash the
men lockstepped to the dining hall where
they stood before assigned seats. At the
first bell the men were seated, and
after the second bell their caps were removed,
heads bowed and grace said by the
chaplain. Fifteen minutes later the bell was
rung again signaling the work companies
to lockstep to work.
The pressures of regimentation and the
climate of debasement permeated the
inmate's day. At 11:45 A.M. the men
lockstepped to the dining hall where they
repeated the morning ritual. Only the
food and presumably the prayer varied. Work
ended at 4:00 P.M. in the winter (6:00
in summer) with the men washing, lock-
stepping to supper, sitting, praying and
eating to the signal of bells. After the con-
victs were locked in their cells at 4:30
the guards made a head count, reported in-
fractions to officers, and inspected
shops for fires--"for convicts are an incendiary
set." At 9:00 trustees were locked
up and all lights extinguished. Night guards
moving "around on noiseless
feet" made periodic inspections. On Sunday mornings
the work regimen was replaced by a
religious one. Prisoners could attend mass at
7:30 A.M., a prayer meeting at 8:30, and
Sunday School at 9:30 which was taught
by volunteers. All prisoners except
those who had attended mass were required to
attend the 10:30 church services
conducted by the chaplain. The men spent the
remainder of the day confined to their
cells. The boredom was broken by requests
for a visit from the chaplain who
conversed "with them on religious topics, encour-
aging them to form good habits and wise
resolves."
42. Erving Goffman, Asylums (New
York, 1961), 3-124; Donald Clemmer, The Prison Com-
munity (Boston, 1940), 294-320.
43. The account of life in the Ohio
Penitentiary was made by two reporters from the Cin-
cinnati Enquirer who spent two
days inspecting the prison. They reported that contractors
paid the state from $.42 per ten-hour
day for "infirm convicts" to 86¢. All wages were turned
over to the state. Cincinnati Enquirer,
January 21, 1883.
No talking was permitted at work, at meals, or in the cells. Signals like an "up- lifted finger" were used to communicate the convict's needs. There was no overt evidence of repression or anything done "to injure a man's self respect ... except for the striped clothing of the men, the guards, and the apparent isolation of each man, the shops could not be distinguished from any other shop of the same char- acter." The prison's serenity and similarity to the outside society was a veneer con- cealing intimidation, repression and humiliation which authorities used to control inmates. As one guard put it, "A convict is like a rubber ball. He will stay as long as you press him down, but flies up when the pressure is removed. He must feel the pressure all the time." A scale of punishments was used to ensure conformity to penal authority. Priv- ileges were suspended and "good time" deducted for minor infractions. "Ducking" was used for recalcitrant inmates. The ducked convict was placed in a tub, blind- folded, his hands cuffed behind his back and water forced into his mouth and nose through a hose making breathing impossible. The prisoner was given doses "until his stubborn spirit gives in. Sometimes he loses consciousness and must be brought to." Officials denied any cruelty and stated that ducking "is nothing more than an involuntary bath." Hostile inmates were placed in solitary confinement.44 The expose of the penitentiary supported reformist claims that the prison's regime was not structured to rehabilitate criminals. Prison reformers and the Board of State Charities were, however, too weak by themselves to shake the entrenched penal sys- tem. Between 1877 and 1884 they therefore joined with those assaulting the con- tract labor system. The reformers wished to abolish the practice as well as to use the attack as leverage to recast the whole penal system. Opposition to contract labor had begun in the spring of 1877 when a house committee reported that leading manufacturers in the state objected to it because it crippled business and caused unemployment. The committee concluded that contract prison labor was "directly responsible" for a high percentage of wage reductions among "thousands of our mechanics during the past four years," and that contract labor pauperized "honest labor," thus contributing to an increase in crime. The committee report endorsed
44. Ibid.; a less charitable account of prison punishments was given by a former inmate. Cin- cinnati Enquirer, January 8, 1883. |
Ohio Penal System
253
the view of prison reformers who
testified that contract labor was incompatible with
rehabilitation programs and agreed that
neither profit nor punishment, but reforma-
tion "should be the paramount
aim" of prison discipline. The report urged that con-
tract labor be replaced by a new labor
system designed to train convicts in useful
trades.45
In February 1883 a bill to abolish
contract labor was introduced into the legisla-
ture. The bill was supported by the
Board of State Charities, most Democratic legis-
lators, a few Republicans and the
Knights of Labor. The contract labor question
was soon manipulated for political
advantage in Ohio's election year. Contractors
were reported "flying around in the
lobby, doing all they can to defeat" the bill.
Representative John F. Locke (R)
denounced the bill and alleged that it was
"backed by an inflammatory, a
Communistic movement." The bill was tabled that
winter amid Democratic charges of
Republican deception and betrayal of the work-
ingman. The Republicans tried to sustain
labor support by adding a plank abolish-
ing contract labor to their platform,
but the Democrats pressed their attack with
reports that the Republicans were in
league with the contractors.46 Prison officials
stood firmly by the system with Warden
Noah Thomas warning that the abolition
of contract labor would be
"disastrous to the financial interests of the state, without
affording relief of any kind to any
class of society."47 Before the fall election Roeliff
Brinkerhoff even joined in criticizing
the labor bill because it did not include the
reform package supported by the board.
In a speech before the National Conference
of Charities and Correction, Brinkerhoff
called the agitation for an end to contract
labor "ill-considered clamor"
and useless unless accompanied by implementation
of features from the Irish system.48
The 1883 October election of a
Democratic governor, George Hoadly, and a
Democratic house set the stage for the
debate on contract labor and reorganization of
the penitentiary and the appointment of
a new staff with the present management
"cleaned out from top to
bottom." In early January 1884 Representative Allen 0.
Myers (D) of Franklin County introduced
a bill to abolish contract labor and recast
the penal system to conform with the
recommendation of the special legislative com-
mittee investigating contract labor and
some of the reform programs supported by
the Board of State Charities. The Myers
bill replaced contract labor, which was
scheduled to expire by 1887, with a
state account system. Under the new system,
managers would be empowered to purchase
machinery, tools, and material to pro-
duce convict-made goods for state
institutions and public sale. Prison industries
would be restricted to prevent
"unfair" competition with private manufacturers and
were required to train convicts in
employable skills. The bill proposed to end the
spoils system by requiring popular
election of prison managers. The measure
stressed rehabilitation by authorizing
judges to apply the indeterminate sentence
which set a minimum and maximum term and
permitted prison officials to release
convicts upon proof of reformation any
time after serving the minimum sentence.
45. Ohio, House Journal Appendix,
1877, 3-18.
46. The bill was introduced by
Representative William Peet (R). Cincinnati Enquirer, Feb-
ruary 13, March 5, 22, 30, September 10,
1883; Cleveland Plain Dealer, March 31, 1883. The
Plain Dealer asserted that the Republican strategy was to put off
the bill in the legislature with-
out losing labor votes and then kill it
after the fall elections.
47. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1883" (1884), XLVIII,
Part I, 33.
48. Ohio Board of State Charities, Annual
Report for the Year 1883 (1884), 25-36.
254
OHIO HISTORY
To symbolize the transformation of the
prison from a punitive, custodial, profit
making institution to a reformatory,
Myers proposed that the penitentiary's name
be changed to the "Ohio House of
Detention for the Reformation of Criminals."49
The fusion of Democrats, Republican
reformers, workingmen's representatives
joined by the governor and the Board of
State Charities faced a dwindling opposi-
tion of contractors, prison officials
and their political allies. Supporters of the Myers
bill praised it as a non-partisan
measure which incorporated the best features of
several penal systems and provided the
"most practical civil service reform." Ac-
cording to the Cleveland Plain
Dealer, the bill correctly recognized that crime must
be treated "as a disease." The
state must be permitted through the indeterminate
sentence to hold a criminal until the
"disease is cured." The bill "goes a great way,
if not the entire distance to a solution
of the problem as to what is necessary to pun-
ish and reform criminals, protect
society and lessen crime."50
Reformers discredited the opposition by
exposing abuses in the penal system
and the obstructionist policies of
prison officials. Official reports from the peniten-
tiary were ridiculed for trying to make
the prison appear "only a step removed from
heaven itself." Published testimony
by a former inmate, given before a legislative
investigating committee in January,
asserted that the prison's management "could
not possibly be worse"; that
officials were only interested in profit; that the prison
was under the "absolute
control" of the contractors; and, that inmates were "tor-
tured" if they did not meet
production quotas. The witness concluded that morals,
health and rehabilitation were
sacrificed for profits, and that the prison was causing
pauperism among free laborers. Warden
Noah Thomas subsequently refused to
permit a legislative investigating
committee to interview inmates unless he were
present and determined the questions to
be asked and answered. Thomas' obstruc-
tion raised a howl of indignant protests
among reformers and further eroded support
for the existing system.51
The most difficult obstacle facing
reformers was the accusation that their intent
was to coddle inmates. In an attempt to
arouse retributive passions in the public,
opponents of the Myers' bill charged
that the measure made prison a "desirable"
place and eliminated it as a
"terror to evil doers." Reformers conceded that the
public refused to accept the proposed
change in the name of the prison, but assured
the bill's supporters that "there
was nothing in the bill to warrant the rumor that the
author [Myers] would array the prisoners
in purple and fine linens, or feed them on
chicken pies."52
On February 27, 1884, debate on the
Myers bill "packed the hall with visitors,
brought out strong speeches. . . and
caused a general field day of excitement."
Although the name of the penitentiary
and the method of selecting the new govern-
ing board were not changed, amendments
to weaken the bill were defeated as the
measure passed the house by a party
vote.53 The bill, which passed the senate on
March 24, abolished contract labor,
authorized the state account plan, required all
49. Cincinnati Enquirer, October
15, 1883, January 9, 10, 1884. The legislative committee
investigating contract labor was
established in 1883 after the Peet bill was tabled. Allen O.
Myers served as chairman of the
legislative committee on prison reform. His interest in reform
resulted from his experience as a
convict. Brinkerhoff, Recollections of a Lifetime, 274.
50. Cleveland Plain Dealer, February
19, 26, 1884.
51. Cincinnati Enquirer, January
28, 29, 1884. The Cincinnati Enquirer alleged that the legis-
lature had been obstructed by penal
officials. In addition, the officials, contractors, and their
political allies subsidized press
attacks on the prison reformers. The legislature responded to the
obstructions by passing a resolution
empowering its committee to make investigations.
52. Ohio State Journal (Columbus), January 29, 1884; Cincinnati Enquirer, January
28, 1884.
Ohio Penal System 255
prisoners under age twenty-two to be
"employed at handwork exclusively, for the
purpose of acquiring a trade," and
provided that inmates keep up to twenty percent
of their earnings. The prison act
removed the spoils system through the appoint-
ment of five prison managers whose terms
of office ranged from one to five years,
a four year term for the warden
"during good behavior," and a provision that "no
office or employee shall be appointed or
removed for political or partisan reasons."
The law authorized the Board of Managers
to grant parole to reformed inmates and
set the regulations for conditional
release. Parolees remained under the legal cus-
tody and control of the board.54
Additional legislation passed in April
incorporated more reforms advocated by
the Board of State Charities. The
criminal justice system was made a part of penal
rehabilitation programs by authorizing
the indeterminate or reformatory sentence.
The law was necessary to implement the
parole provisions of the March act. The
Board of Managers at the penitentiary
was empowered to "make such rules and
regulations for the government of the
prisoners as shall best promote their reforma-
tion" by establishing a program of
classification, grades and marks like those applied
in the Irish system to measure and guide
rehabilitation. The legislature also author-
ized the construction of an intermediate
prison funded by a ten percent appropria-
tion--or an estimated $200,000 per
year--from the revenues from the Scott tax
on the liquor traffic. The Board of
State Charities had warned that unless an inter-
mediate prison for young offenders was
built penitentiary rehabilitation programs
would fail.55
The reform legislation adapted certain
features of the Irish system which had
long been urged by the board. Within the
penitentiary three grades were created
by the Board of Managers. All prisoners
entered at the second level and were pro-
moted or demoted according to their
conduct. Prisoners within the grades were
distinguished in appearance and pay. The
men in the first grade wore blue suits.
Convicts in the second grade wore gray
suits, and the traditional striped suit was
worn in the third grade. Inmates in the
first and second grades moved about in a
military march, while the lockstep was
used in the third grade "as a matter of pun-
ishment." Prisoners in the first
grade were paid eighty cents per day, while second
and third grade convicts received sixty
and forty cents per day respectively.56 While
53. The vote was 57 yea, 39 nay.
Cincinnati Enquirer, February 27, 28, 1884; Ohio State
Journal (Columbus), February 28, 1884. Representative Peet (R)
reintroduced his bill to
abolish contract labor. The bill was
ruled out of order. Peet then voted against the Myers bill.
Peet's vote is further indication of the
partisanship involved in the measure.
54. Laws of Ohio, 1884, LXXXI, 72-76. This legislation can also be found in
Ohio, Executive
Documents "Annual Report of the Directors and Warden of the
Ohio Penitentiary, 1884"
(1885), XLIX, Part I, 335-341.
55. Ibid. Although the prison reform acts were passed at
different dates in the spring of 1884,
they were all classed under the same act
in Laws of Ohio. The Scott law provided for an annual
tax of $200 on all places where liquor
was sold at retail. Philip Jordan, Ohio Comes of Age
(Carl Wittke, ed., The History of the
State of Ohio, V, Columbus, 1943), 177. The Cincinnati
Enquirer estimated
that the Scott law would yield $2,000,000 in revenues per year. The penal
system's share of that income would have
been $200,000 per year according to the revenue
formula worked out in the March 27, 1884
law. Cincinnati Enquirer, February 5, 1884, June
12, 1885.
56. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1884" (1885), XLIX, Part I, 193-194;
Directors Journal (The Ohio Penitentiary),
494, Ohio Historical Society Archives.
This journal, December 3, 1878 to May 6, 1886, is the
only surviving record of the penitentiary's directors
meetings. The journal contains financial
accounts, reviews of appealed
infractions, lists of visitors, appointments, resignations, and imple-
mentation of legislative acts dealing
with the prison. For sections dealing with the implementa-
tion of the 1884 prison acts, see pp.
465-502.
256 OHIO
HISTORY
the number of grades and the principle
underlying the system were borrowed from
the Irish system, the Ohio adaptation
omitted the initial phase of eight months in
solitary confinement. The Ohio version
placed all grades in one penitentiary rather
than using separate and specialized
institutions for each grade of prisoner as in Ire-
land. A mark system borrowed from the
Elmira, New York, Reformatory, but also
based on the experiences of the Irish
system, was applied to measure conduct and
to determine promotion or demotion in
grade. Each prisoner was given a ledger
where his marks were recorded each
month. Under this system each prisoner could
receive a maximum of nine marks per
month--three for demeanor, three for labor
and three for study. "Good
time" deductions and parole of prisoners confined under
the indeterminate sentence were gauged
by the graded and mark systems.57
One major part of the Irish system that
was not adopted was the intermediate
prison concept. Within the Irish system
the intermediate prison was to serve as a
kind of halfway house for inmates in the
highest grade who were ready for release.
The Ohio legislation called for an
intermediate prison, but the purpose of this new
prison was to incarcerate young adult
first offenders, as recommended by the State
Board of Charities which followed the
example set by Zebulon Reed Brockway
at the Elmira Reformatory.58
The legislative successes in 1884 were
followed by a reevaluation of the entire
penal question in 1885 because much of
the reform package failed to materialize.
The state's meagre allocation of $10,000
was inadequate to finance the new con-
vict labor programs which required an
estimated $250,000 to $700,000 to imple-
ment. In addition, legislators were
turning to retrenchment policies because of a
drop in the economy.59 A
further blow was delivered to the reforms when the Scott
tax on the liquor traffic, part of which
was to be used to build the intermediate
prison, was declared unconstitutional by
the Ohio Supreme Court.
An attempt was made, nevertheless, to
salvage the 1884 reforms with a bill which
added the piece price plan to the state
account system. Under the piece price plan
manufacturers provided machinery and
materials to be placed in prison buildings,
but did not supervise the work. Convict
labor was employed to turn out piece work.
Supporters argued that the new labor plan,
which the Board of State Charities had
endorsed in its 1883 annual report,
would save the state $400,000 in plant costs
and would retain all the reformatory
parts of the 1884 act. A few legislators, partic-
ularly those with labor backing, opposed
the bill in favor of increased allocations
to make the 1884 act work. Others, like
Senators William H. Reed (D) and John
V. Lewis (D), ridiculed the failure of
the 1884 law. Attacking the hypocrisy of
"bleeding heart" reformers,
they charged that the prison faced an estimated bien-
nium deficit of $150,000 and demanded
restoration of the contract system. Reed
asserted that the 1884 reforms were a
product of demagoguery, while Lewis called
for punitive penal discipline and chided
the senate: "There had been a great deal
of false sentiment wasted about the
wrongs to the convict. Such talk was bosh. The
57. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1884" (1885),
194-198. There were only twelve inmates with indeterminate sen-
tences in 1884.
58. Ohio Board of State Charities, Annual
Report for the Year 1885 (1886), 9-10.
59. Cincinnati Enquirer, January
13, February 4, 24, 1885. In January 1885 the chairman of
state finance committee thought there
should be a 10% cut in appropriations to state institutions
because of "hard times."
Ohio Penal System 257
man who knowingly and willingly violates
the laws of the State should suffer
for it.... "60
The economic arguments appealed to the
legislators who were more interested
in costs than in rehabilitation.
According to the Enquirer, "When it was learned
this winter the immense amount of money
which would be required to carry out
the [1884] law by the State ... there
was immediate scheming to get it on the cheap
plan again . . ." The piece price
plan was an appealing way out of the dilemma
because it required no large capital
investments, no financial risks, and purportedly
sustained the 1884 rehabilitative
programs by keeping convict labor under prison
supervision. Following the passage of
the piece price plan on February 27, 1885,
prison managers advertised for bids to
employ 300 prisoners while most prisoners
were to continue under contract labor
until conversion to the new plan was com-
pleted.61
By the spring of 1885 reformers had
blunted attempts to dismantle the 1884
reforms through the passage of the piece
price plan. They also had used their politi-
cal leverage to secure passage of
another plank of the Board of State Charities' penal
program and to press for construction of
the intermediate prison. The habitual
criminal act which passed in May 1885
incorporated the English principle of longer
terms for repeating offenders by
requiring a life sentence for any person convicted
of a third felony.62 Although
the plan to fund the intermediate prison suffered a set-
back with the invalidation of the Scott
law taxing the liquor trade, the Board of State
Charities believed that the legislature
would appropriate adequate funds to complete
the prison. The results of a March
meeting between Governor Hoadly, the board,
legislators from the joint prison
committee and managers of the intermediate prison
left the impression that the
"Legislature in a few days will pass an appropriate bill
to at once secure a site and erect"
the reformatory. In April the legislature provided
$50,000, along with $53,000 credited to
the reformatory's managers from revenues
collected from the Scott liquor tax, to
begin construction of the prison.63
A chorus of self-satisfaction greeted
the legislation which completed the reformers'
plans for the treatment of adult felons.
The Cincinnati Enquirer wrote that "Ohio
is half a century ahead of any other
State in the matter of prison reform." The laws
permitted Ohio to treat crime as a
disease and to give every criminal a chance to
reform. The habitual criminal act
provided more protection for society. The
60. Ibid., January 23,
February 4, 24, 1885; Ohio State Journal (Columbus), February 5,1885.
The bill was introduced by James Mooney
(D), Representative from Cuyahoga County. Cin-
cinnati Enquirer, February 24,
1885; Ohio Board of State Charities, Annual Report for the Year
1883 (1884), 18. In its 1884 report the board argued that
the state account plan was too costly
and that use of the piece price plan
like the one working at the Elmira reformatory would
improve the economic situation at the
prison. Ibid., Annual Report for the Year 1884 (1885),
15. In its 1885 report after the piece
price plan had become law, the board pointed out that it
agreed with the popular demand that the
tax payer should not be burdened, that inmates should
work, and that the prison should be
"substantially self-supporting," and that experimentation with
types of convict labor should continue. Ibid.,
Annual Report for the Year 1885 (1886), 10.
61. Directors Journal (The Ohio
Penitentiary), 520, 525, 536-537, 547. These pages include
reports of the prison managers who
replaced the directors.
62. Laws of Ohio, 1885, LXXXII,
236-237.
63. Cleveland Plain Dealer, March
20, 21, April 24, 1885. The Plain Dealer stated that "there
should be no opposition to such a bill.
It should be passed promptly, so that the work of location
and construction may be entered upon at
the earliest possible moment." It reported the passage
of the $50,000 appropriation. The
$53,000 credited to the intermediate prison was reported
by the Ohio State Journal (Columbus),
March 20, 1885.
258
OHIO HISTORY
Enquirer reported that through the reorganization of the
penitentiary's management,
ignorance--a principal cause of
crime--was to be eradicated in the prison's new
night schools. Idleness and lack of
skills were to be corrected by the piece price plan
and job training. Maudling influences
were to be removed. With an emphasis on
more stringent discipline the chaplain's
office was to be abolished, and with the
completion of the intermediate prison
more intense rehabilitation programs would
be focused on the young.64
Roeliff Brinkerhoff believed that it
would require three or four years before the
recast penal system--including the new
adult reformatory--would be operating
smoothly and fulfilling the goals of the
Board of State Charities' plan to increase
public security, reduce crime and
rehabilitate criminals. His elation with the reforms
as well as with the strategy the
reformers used were revealed in a letter to Frederick
Wines, head of the Indiana State Board
of Charities and son of Enoch Cobb Wines,
the founder of the National Prison
Association. Ohio reformers, Brinkerhoff wrote,
had "saddled and bridled the labor
union craze [a reference to contract labor issue]
and made a docile and serviceable horse
for prison reform... In Ohio by recent
legislation, the reformatory system has
been authorized more than in any other
state." But Wines continued to be
skeptical about "taming wild beasts" [the labor
issue] to perform reformist tricks.65
While reformers were congratulating
themselves on their achievements, attacks
on their programs were renewed. The
Republican party's platform of 1885 criti-
cized the legislature for "their
incompetency and extravagance in the management
of the penitentiary." In an attempt
to exploit the prison's labor issue for political
advantage and the supposed annual
deficit of $178,000, the Republicans charged
that the piece price plan had not
remedied all the evils of the contract system, instead
the low prices charged for articles
manufactured made competition with free labor
more unfair than under the old plan.
Also they claimed the recent reforms had con-
verted the penitentiary from being
self-sufficient to being a burden on the taxpayer.
The Republican paper concluded its
election-motivated report with the query, "Has
not Ohio had all the reform it wants
from those who have sailed under false colors
for two years?"66
Within a year after the Republicans
returned to the State House, partisanship sub-
verted the legislation which, in one
reformer's opinion, had created in theory one
of the most complete prison systems in
the United States.67 In 1886 Republican
patronage was restored to the prison.
With few exceptions the entire staff of the
64. Cincinnati Enquirer, May 17,
1885.
65. Frederick Wines to Albert G. Byers,
July 10, 1885, Series 99A, Board of State Charities
correspondence, Ohio Historical Society.
Correspondence appears only for 1884 and 1885.
Most of the letters deal with non-penal
matters, conditions of charitable institutions, arrange-
ments for meetings, letters of inquiry
and requests to the board. The above views of Roeliff
Brinkerhoff were found in a letter from
Wines to Byers where Wines quotes Brinkerhoff's letters
to him. A search for Wines'
correspondence revealed that his letters as well as those of the
Illinois Board of State Charities were
destroyed.
66. Cincinnati Enquirer, June 12,
1885; Ohio State Journal (Columbus), September 15, 16,
25, 29, 1885.
67. This is the appraisal of Franklin B.
Sanborn of Massachusetts, Chairman of the National
Committee upon the Work of Boards of
State Charities. Ohio Board of State Charities, Annual
Report for the Year 1887 (1888), 19.
Ohio Penal System 259
prison changed.68 Through the passage of
"reorganization acts" successive admin-
istrations of both parties eluded the
1884 law covering tenure of prison managers.
The continued political exploitation of
the penitentiary was evident in the campaign
of 1887 when Republicans accused
Democratic Governor Hoadly's prison managers
of allowing "the skinning of the
bodies of dead convicts" and using these hides to
make canes.69 In anguish the
Board of State Charities stated in its 1886 annual report
that "the efficiency of the penal
and benevolent institutions of the State is seriously
impaired by their subordination to the
exigencies of party politics. That these insti-
tutions are . . used by both political
parties in Ohio to provide places for partisan
workers is an undoubted fact."70
Under these conditions it was impossible to build
a professional staff which was needed to
carry out the reformatory programs author-
ized by the legislature.
Measures aimed at promoting
rehabilitation, such as classification, separation, and
job training were either ignored or
impossible to carry out. The piece price plan,
as well as later labor restrictions, in
practice, resulted in idleness and large deficits.
In 1891, for example, nearly a third of
the prisoners were classified as nonproducers.
Prison managers constantly charged that
the piece price plan's "humanitarian or re-
formatory benefits" were a
"delusion" and that in reality it was a "humbug." The
piece price plan was less profitable
than contract labor because its shops required
great skill and because they were
wasteful since contractors would accept only per-
fect goods. The contract labor system
did not end in 1887, as had been scheduled,
but continued to be an essential part of
the prison regime.
Another reason for the overall collapse
of the reforms was the huge increase in
the number of inmates, from 1,470 in
1885 to 2,300 thirteen years later, coupled
with the state's failure to provide
facilities and staff to carry out the programs pre-
scribed by law.71 Finally,
there was a breakdown of the criminal justice and correc-
tions systems based on the habitual criminal
act, the indeterminate sentence, and
parole. The Board of State Charities
repeatedly pointed out that prosecutors and
judges ignored the new sentencing laws
and constantly accused prison officials of
misusing parole by releasing prisoners,
not because they were reformed, but as a
result of political manipulation and
overcrowding.72
At the end of the century the Board of
State Charities summarized the failure of
68. For listings of officers see: Ohio,
Executive Documents, "Annual Report of the Directors
and Warden of the Ohio Penitentiary,
1885" (1886), L, Part II, 732-733; ibid., "Annual Report,
1886" (1887), LI, Part I, 778-779.
69. Pamphlet, "Brutality and
Barbarism! The Skinning of Dead Convicts in the Ohio Peni-
tentiary" (n.p., [1886]).
70. Ohio Board of State Charities, Annual
Report for the Year 1886 (1887), 14. For a later
comment with the same viewpoint, see Ohio
Board of State Charities, Annual Report
for the
Year 1891 (1892), 9.
71. Ohio, Executive Documents, "Annual
Report of the Directors and Warden of the Ohio
Penitentiary, 1886" (1887), LI,
Part I, 783; ibid., "Annual Report, 1891" (1892), LVI, Part
II,
461. Various factors contributed to the
increased incarceration. Among them were a rise in state
population and an increasing crime rate
which contemporaries attributed to "hard times," immi-
gration, urbanization, and industrial
growth. It should be recalled that until 1894 Ohio had
only one institution to house adult
felons.
72. Ohio Board of State Charities, Annual
Report for the Year 1886 (1887), 40; ibid., Annual
Report for the Year 1889 (1890), 18-21; ibid., Annual Report for the Year
1890 (1891), 35;
ibid., Annual Report for the Year
1891 (1892), 39; ibid., Annual
Report for the Year 1899
(1900), 11.
260 OHIO
HISTORY
its efforts to reform the local and
state prison systems. The board's secretary, Joseph
P. Byers, reported that despite
legislation requiring separation in jails and setting
standards for hygienic facilities, local
jails remained much as his father had described
them in 1867. Although the Irish system
had been adapted to the Ohio Penitentiary
to promote rehabilitation, the prison
continued to be "purely a penal institution."
The Ohio Reformatory in Mansfield was
still incomplete with "no special facilities
provided to enable it to perform its
mission."73
Public capriciousness, official neglect,
political jobbery, conflicting views on the
nature of the criminal and the purpose of
penal institutions, and the inertia of a
cumbersome system were at the root of
the failure Byers described. Even so, re-
formers should bear their share of the
blame for failure because of their inability to
maintain public concern and political
leverage and because their programs suffered
from their own growing doubts that
criminals could ever be rehabilitated in prison,
regardless of the conditions. Prominent
reformers, such as Roeliff Brinkerhoff,
therefore increasingly emphasized ways
of preventing crimes and keeping first of-
fenders out of prison, and suggested
reform programs be widened to include society
as a whole.
As early as 1886 the Board of State
Charities under Brinkerhoff's influence--
and certainly reflecting its frustration
with the gap between legislative reforms and
penal practices--began diminishing its
pressure to enforce the prison acts. They
stressed instead non-penal methods to
prevent crime and reduce recidivism. This
shift in emphasis was accelerated and
reinforced in the 1890' by tendencies within
other state boards of charities and the
National Prison Association, which Brinker-
hoff served as president from 1894 to
1897, to turn away from prison reform toward
the broader area of social reform. The
degree of this shift in Ohio was revealed at
the second meeting of the Ohio State
Conference of Charities and Correction in
1892. In the midst of animated
discussions on social programs to prevent crime
and reform criminals, the Committee on
Penitentiaries and Jails tersely stated that
it "has nothing especially new or
interesting to report."74
Resigned to the futility of the effort
and with the efficacy of their early programs
in doubt, the movement which had
attempted to make prison a "moral hospital"
lost vitality. By the end of the century
many prison reformers further widened their
goals for the salvation of the
reformable to include a general uplift of society through
improved environmental conditions and
better education. Their efforts would now
be directed toward rooting out political
corruption and making public services effi-
cient and professional rather than
promoting direct reform legislation for the prison
population alone. In his 1896 presidential
address to the National Prison Associa-
tion Congress, Roeliff Brinkerhoff,
reflecting and helping to shape that enlarging
social vision, stated that the scope of
the Prison Congress had broadened consider-
ably "to include the whole range of
[societial] subjects which enters into the suppres-
sion or prevention of crime...."75
As reformers adopted this broader vision of so-
cial perfection, the penal system in
Ohio was left to flounder in the customary cross-
currents of public whims, political
patronage, official self-interest, and institutional
inertia.
73. Ohio Board of State Charities, The
Ohio Bulletin of Charities and Correction, 1900
(1900), VI, No. 2, 22-25.
74. Ohio Board of State Charities, Annual
Report for the Year 1892 (1893), 380.
75. Annual Congress of the National
Prison Association: Proceedings, 1896 (Pittsburgh,
1897), 13.
JOHN PHILLIPS RESCH
Ohio Adult Penal System,
1850-1900: A Study in the
Failure of Institutional Reform
Throughout the latter half of the
nineteenth century Ohio prison reformers tried to
recast the state's penal system so that
it would rehabilitate criminals and restore them
to productive citizenship. By 1884
reformers succeeded in their efforts to secure leg-
islation to rehabilitate adult criminals
through classification, job training, moral and
academic classes, reduction of sentences
for good behavior, parole, and the introduc-
tion of the adult reformatory system.
Despite this impressive legislative
victory, the Ohio penal system was not substan-
tially recast. Prison reform laws were
partly undermined by the unresolved conflict
over the nature of the criminal and the
purposes of prison. Influential Ohio reformers
and some prison officials viewed the
criminal as a depraved social type. From this
perception grew the analogy that prison
should be a moral hospital where various
classes of criminals were treated and
then released when cured. Like hospitals,
prisons should have enough funds to
support curative programs and have an ade-
quate staff of professional attendants.
The money to implement these services was
to come from provisions in the
legislation.
The bulk of the public and most penal
authorities, on the other hand, saw the
criminal as a threat to personal safety
and property and were reluctant to spend
large sums of money on reformatory
programs. They expected the prison to punish
criminals and to act as a deterrent to
potential offenders. Many prison officials, cal-
loused by contact with desperate men,
ridiculed reformist plans as "pampering"
criminals and for turning prisons into
places of leisure and refinement. Efforts at
reform were resisted also by public
officials who wanted an unobtrusive, orderly and
self-supporting prison system and by
politicians who looked upon the penal system
as a source of patronage. The spoils
system resulted in frequent turnovers of per-
sonnel, made the creation of a stable
professional staff impossible, and undermined
enforcement of rehabilitation policies.
Persistent demands that prisons be self-
supporting blocked the construction of
adequate physical facilities and the funding
of expensive reformatory programs
authorized by the General Assembly. These
Mr. Resch is Assistant Professor of
History, University of New Hampshire, Merrimack Valley
Branch in Manchester.