|
Records of the Assistant
Commissioner for the State of Texas
Bureau of Refugees, Freedmen and Abandoned Lands, 1865 - 1869
National Archives Microfilm Publication M821 Roll 32
"Miscellaneous Records Relating to Murders and Other Criminal Offenses Committed in
Texas 1865 - 1868"
Freedmen's Bureau Report of an
Inspection of the Texas State Penitentiary at Huntsville, Walker County.
Head Comr. B. R. F. and A. L.
State of Texas Galveston
Feb 26th 1867
Lieut. J. F. Kirkman
AAA Genl.
I have the honor to submit the following as the
result of an inspection of the Penitentiary of the State of Texas = situated at
Huntsville, Walker Co. = for your information and consideration.
There are confined in the Prison in all including
both white and black four hundred and eleven convicts. Of these two hundred and twenty
five are freed people. Fourteen of the freed people are females and two hundred and eleven
are males. There are no white female convicts (so considered) in the prison though two of
the females that are classed as freed people are almost as white as any caucassian. They
were however, before the war and until its close, slaves.
The Superintendent of the prison is Jas. Gillespie.
By his permission I first examined the prison records. From these I could obtain nothing
more definite than the general charge which is generally theft.
In order to ascertain the specific act for which they
were sent to prison I had no other recourse than to go among them and take their
statements.
With the consent of the Superintendent of this
Jail-It was not my intention at first to examine every convict but the statement of the
few whom I originally only intended to first examined so impressed me and
convinced me of the injustice of the treatment these unfortunate creatures had received at
the hands of Justice (?) that I felt if I performed the duty properly I must examine and
record the statement of each particular case.
I am indebted to Cap. Jas. C. Devine Sub. Asst. Comr.
At Huntsville for his assistance in enabling me to procure from the convicts the data on
which the annexed report is based and also for his assistance in tabulating the same after
we had made the personal examinations on which it is based. To their statements I
respectfully invite your attention especially to the crimes committed or alleged and to
the punishment inflicted.
I know the inclination of convicts to plead their
innocence and assert the injustice of their imprisonment. I do not believe all the
statements made to me and submitted in this report are correct and truthful. That the
majority of them are I am fully convinced and any person listening to simple frank
statements and looking into the black and apparently honest faces could
not believe otherwise.
The crimes for which they are now undergoing
punishment were in times of slavery punished with the lash and all these freed people have
been convicted since the war closed. The trivial nature of the crime charged them and the
severity of the punishment already inflicted upon them (even had they in every instance
wilfully and maliciously committed the crime) should be and are of themselves sufficient
arguments for their release and are most assuredly a strong appeal for our assistance in
relieving them if such a thing be possible.
In many cases as you will observe the whole cause of
the prosecution has for its foundation malice, and is followed up in a spirit of revenge
by men embittered disappointed and foiled by the failure of their schemes. These convicts
are the innocent and unfortunate victims of their wrath and disappointment. Guilty of
little or no crime save that of having incurred the wrath of their former owners or
employers their situation cannot but excite in the heart of any man who saw them as I did
sympathy for their fate and a resolve to make the effort for their relief.
The convicts are well fed well clothed and kindly
treated by the prison keepers. The severity of their sentences, the evidences of their
innocence and their uniform good behavior secure them these. Many of them work outside the
prison during the day and some of them without guards, though this is safe enough for a
pack of trained dogs are kept for the purpose of catching runaways.
These freed people have on an average a little over 3
years to serve as their sentence. Many of them have been in prison over a year and when is
added the fact that each of them before conviction was confined in a county jail for
longer or shorter periods-in many instances six months - their fate is indeed hard and
unjust =
Since these people have been sent to prison the law
under which they were convicted has been modified and for such crimes as they are charged
a lighter and more reasonable punishment is inflicted = is this not of itself an argument
showing the injustice of their punishment and an appeal for pardon. Had they half the
friends that many a greater rascal has they would not remain in prison one week.
Unfortunately they have not -
I see by the report of the Asst. Comr. Of Alabama (a
copy of which is hereunto annexed Maj. Genl. W. Swayne) that the penitentiary of that
State became filled with freed people under almost the same circumstances as was this one
and that the Gov. of the State upon having his attention called to the facts; and the
circumstances under which they were arrested and convicted being properly presented to him
issued an almost universal pardon. I believe that three fourths of the freed people now
confined at Huntsville are proper subjects for the Executive Clemency of the Gov. of this
State. I cannot think that he is aware of the actual condition of affairs else he would
pardon them. This investigation has excited in their breasts hopes of pardon and release.
That the matter may not end with this report is my earnest prayer for if ever people
deserved the assistance of friends these do = Respectfully inviting your attention to the
annexed report.
I Am Very Resp.
Your Obt. Servant
Wm. H. Sinclair
Inspector B. R. F. and A. L.
Extract from Report of Major
General Wager Swayne Asst. Com. B. R. F. and A. L. for the State of Alabama bearing date
Montgomery, Ala. October 31st , 1866
Major General O. O. Howard
Commissioner B. R. F. and A. L.
Washington D. C.
Another great difficulty which was met at the opening
of the New Year grew out of the fact that during the jubilee occasioned by the coming of
our troops various acts whether really criminal or being done in their aid only
technically so, were committed by the freedmen under the impulse of the moment. Almost the
first act of the restored civil courts was to treat these with great vigor crowding the
jails with freedmen generally the victims of excitement and in many cases of a desire to
help the struggle for the Union. To permit the latter class to suffer was intolerable yet
there was no way to distinguish between the good and evil for want of testimony and from
the prisoners very helplessness.
Finally upon suggesting to the Gov. that as a long
step towards peace the amnesty extended by the Government be repeated by the State it was
found that his own mind was already prompted in the same direction by the multitudinous
indictments in the several counties of Union men on the ?nonsense according to political
complexion. With entire singleness of purpose the freedmen were readily included in this
plan of amnesty and on the 13th of February was announced the pardon of all
offenses committed against the laws of this State-the crimes of rape and murder excepted -
between the commencement of hostilities on the 13th of April 1861 and the
restoration of his Excellency the Provisional Governor of Alabama on the 20th
day of July 1865.
By this act it is considered that about eight hundred
freedmen confined for penitentiary offences were restored to industry and freedom. Severe
reprehension was at first visited upon the measure, but from no quarter has complaint of
its operation been received and it is believed to be now universally approved. Individual
cases which have arisen since have met the same considerate fairness.
List of Freedwomen
and Men Confined in Texas State Penitentiary at Huntsville, Walker Co. giving name of
convict and particulars in each case as stated by them
|