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Notes

INTRODUCTION

  1. 1 Brown Commission, Reports of the Commissioners Appointed to Enquire into the Conduct, Discipline and Management of the Provincial Penitentiary, 202.
  2. 2 Ibid.
  3. 3 I refer here to the first wave of “revisionist” prison histories that emerged in the fields of British and American history in the 1970s. They include David Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic and Conscience and Convenience: The Asylum and Its Alternatives in Progressive America, and Michael Ignatieff, A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750–1850.
  4. 4 See Douglas Hay et al., eds., Albion’s Fatal Tree: Crime and Society in Eighteenth-Century England.
  5. 5 E. P. Thompson, The Making of the English Working Class, 8–9.
  6. 6 “Reformation” was the standard expression in the nineteenth century. In the twentieth century, the more common term was “rehabilitation,” a word that rarely appeared in reform writing prior to 1900.
  7. 7 H. Clare Pentland, Labour and Capital in Canada, 1650–1860, xlv.
  8. 8 Karl Marx, Economic and Philosophic Manuscripts of 1844, 120–21 (italics in original).
  9. 9 Among many others, see Stanley B. Ryerson, Unequal Union: Confederation and the Roots of Conflict in the Canadas, 1815–1873; Stephan Thernstrom, Poverty and Progress: Social Mobility in a Nineteenth-Century City; Louis Chevalier, Laboring Classes and Dangerous Classes in Paris During the First Half of the Nineteenth Century; Lydia Morris, Dangerous Classes: The Underclass and Social Citizenship; John Welshman, Underclass: A History of the Excluded, 1880–2000; and Martina L. Hardwick, “Segregating and Reforming the Marginal: The Institution and Everyday Resistance in Mid-Nineteenth-Century Ontario.”
  10. 10 Some key examples of penitentiary history that accomplish this are Ivan Jankovic, “Labour Market and Imprisonment”; Dario Melossi and M. Pavarini, The Prison and the Factory: Origins of the Penitentiary System; Martin B. Miller, “Sinking Gradually into the Proletariat: The Emergence of the Penitentiary in the United States”; Martin B. Miller, “At Hard Labor: Rediscovering the Nineteenth-Century Prison”; and Rosalind P. Petchesky, “At Hard Labor: Penal Confinement and Production in Nineteenth-Century America.”
  11. 11 See D. Owen Carrigan, Crime and Punishment in Canada: A History; Peter Oliver, “Terror to Evil-Doers”: Prisons and Punishments in Nineteenth-Century Ontario; Donald J. McMahon, “Law and Public Authority: Sir John Beverley Robinson and the Purposes of the Criminal Law”; J. M. Beattie, Attitudes Towards Crime and Punishment in Upper Canada, 1830–1850: A Documentary Study; and Russell Smandych, “Beware of the ‘Evil American Monster’: Upper Canadian Views on the Need for a Penitentiary, 1830–1834” and “Tory Paternalism and the Politics of Penal Reform in Upper Canada, 1830–1834: A ‘Neo-Revisionist’ Account of the Kingston Penitentiary.”
  12. 12 This is an argument first advanced by Pieter Spierenburg, who identified responses to poverty in the early 1500s as the ancestor of modern confinement. Pieter Spierenburg, The Prison Experience: Disciplinary Institutions and Their Inmates in Early Modern Europe.
  13. 13 Originally published in 1939, Rusche and Kirchheimer’s study was reissued in 1968 and exerted considerable influence on certain revisionist interpretations of punishment, among them Jankovic, “Labour Market and Imprisonment,” and Melossi and Pavarini, The Prison and the Factory.
  14. 14 See Gertrude Himmelfarb, The Idea of Poverty: England in the Early Industrial Age. See also Martin Weiner, Reconstructing the Criminal: Culture, Law, and Policy in England, 1830–1914.
  15. 15 Foucault, Discipline and Punish; Ignatieff, A Just Measure of Pain.
  16. 16 See Peter Hennessy, Canada’s Big House: The Dark History of the Kingston Penitentiary; William Calder, “The Federal Penitentiary System in Canada, 1867–1899: A Social and Institutional History”; and William Norman, “A Chapter of Canadian Penal History: The Early Years of the Provincial Penitentiary at Kingston and the Commission of Inquiry into Its Management, 1835–1851.”
  17. 17 See John Alexander Edmison, “Some Aspects of Nineteenth-Century Canadian Prisons”; Beattie, Attitudes Towards Crime and Punishment; Oliver, “Terror to Evil-Doers”; and Michael Jackson, Prisoners of Isolation: Solitary Confinement in Canada.
  18. 18 David Garland, Punishment and Welfare: A History of Penal Strategies, 14.
  19. 19 Among many others, two useful interpretations of Foucault’s Discipline and Punish are David Garland, Punishment and Modern Society: A Study in Social Theory, 131–77, and Adrian Howe, Punish and Critique: Towards a Feminist Analysis of Penality, 82–123.
  20. 20 Michel Foucault, “The Subject and Power,” 326. A distinctly Foucauldian analysis of Canadian penitentiary history can be found in Roger Neufeld, “A World Within Itself: Kingston Penitentiary and Foucauldian Panopticism, 1834–1914.”
  21. 21 Insights on masculinity are drawn from, among others, R. W. Connell, Masculinities; Don Sabo, Terry A. Kupers, and Willie London, eds., Prison Masculinities; David Morgan, “Class and Masculinity”; and James W. Messerschmidt, Masculinity and Crime: Critique and Reconceptualization of Theory.
  22. 22 Foucault, “Interview with Michel Foucault,” 294.
  23. 23 Peter Linebaugh, The London Hanged: Crime and Civil Society in the Eighteenth Century.
  24. 24 See also James C. Scott, Domination and the Arts of Resistance: Hidden Transcripts.

ONE  LABOUR

  1. 1 Edward M. Peters, “Prison Before the Prison: The Ancient and Medieval Worlds,” 14–16.
  2. 2 Ibid., 16–18.
  3. 3 Peters argues that what we know of confinement in this period stems from narratives telling of the liberation of prisoners by Frankish saints such as Gaul, Eparchius, and Eligius. For example, the narrative of St. Eligius notes that when the saint approached a prison in Bourges, the gates opened miraculously, and the prisoner’s chains fell off. Ibid., 24.
  4. 4 Ibid., 26–28.
  5. 5 Pieter Spierenburg, “The Body and the State: Early Modern Europe.”
  6. 6 Torsten Eriksson, The Reformers: An Historical Survey of Pioneer Experiments in the Treatment of Criminals, 9.
  7. 7 Max Grünhut, Penal Reform: A Comparative Study, 18.
  8. 8 Norman Longmate, The Workhouse, 25.
  9. 9 Michael Ignatieff, A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750–1850, 47.
  10. 10 This idea is explored at length in Douglas Hay et al., eds. Albion’s Fatal Tree: Crime and Society in Eighteenth-Century England.
  11. 11 Randall McGowen, “The Well-Ordered Prison: England, 1780–1865,” 76.
  12. 12 Ignatieff, A Just Measure of Pain, 48.
  13. 13 Eriksson, The Reformers, 13–15.
  14. 14 Quoted in Ignatieff, A Just Measure of Pain, 93.
  15. 15 McGowen, “The Well-Ordered Prison,” 78–79.
  16. 16 Cesare Beccaria’s notions of crime, and punishment were detailed in a 1764 treatise that was widely celebrated in Europe, England, and America for its rational approach to the law. Cesare Beccaria, On Crimes and Punishment and Other Writings.
  17. 17 W. David Lewis, From Newgate to Dannemora: The Rise of the Penitentiary in New York, 1796–1848, 109.
  18. 18 David Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic, 92.
  19. 19 The phrase “contractual penal servitude” is drawn from Rebecca McLennan’s interpretation of American penal reform. My analysis is indebted to her characterization of the development of the Auburn system and its development of contract labour. See Rebecca M. McLennan, The Crisis of Imprisonment: Protest, Politics, and the Making of the American Penal State, 1776–1941, 53–87.
  20. 20 Ibid., 57.
  21. 21 Ibid., 63.
  22. 22 Ibid., 63–70.
  23. 23 Rosalind P. Petchesky, “At Hard Labor: Penal Confinement and Production in Nineteenth-Century America,” 589.
  24. 24 Ibid., 601.
  25. 25 “Report of a Select Committee on the Expediency of Erecting a Penitentiary,” Appendix to the Journal of the House of Assembly of Upper Canada, 1831, 211–12.
  26. 26 See An Act for Building a Gaol and Court House in Every District Within This Province, and for Altering the Names of Said Districts, Statutes of the Province of Upper Canada, 1792, c. 8. The statute notes that “such buildings are manifestly necessary for the regular administration of justice, and the due execution of the laws.”
  27. 27 See Peter Oliver, “Terror to Evil-Doers”: Prisons and Punishments in Nineteenth-Century Ontario, 7–9.
  28. 28 Act to Declare the Common Gaols to Be Houses of Correction for Certain Purposes, Statutes of the Province of Upper Canada, 1810, c. 5; Oliver, “Terror to Evil-Doers,” 9.
  29. 29 This view of the motivation for an early Canadian penitentiary is drawn from Tom Brown, “The Origins of the Asylum in Upper Canada, 1830–1839,” and Russell Smandych, “Beware of the ‘Evil American Monster’: Upper Canadian Views on the Need for a Penitentiary, 1830–1834.”
  30. 30 “Report of a Select Committee,” 212.
  31. 31 Rothman, The Discovery of the Asylum, 81.
  32. 32 Canada, Report of the Commissioners Appointed to Superintend the Erection of a Penitentiary in Kingston, 1.
  33. 33 Richard Splane, Social Welfare in Ontario, 1791–1893: A Study of Public Welfare Administration, 129–30.
  34. 34 Lewis, From Newgate to Dannemora, 2–5.
  35. 35 Georg Rusche and Otto Kirchheimer, Punishment and Social Structure, 36–42; Jennifer Graber, “‘When Friends Had the Management It Was Entirely Different’: Quakers and Calvinists in the Making of New York Prison Discipline”; Mark Colvin, Penitentiaries, Reformatories and Chain Gangs: Social Theory and the History of Punishment in Nineteenth-Century America, 47–71.
  36. 36 Colvin, Penitentiaries, Reformatories and Chain Gangs, 45.
  37. 37 On the early life and reform efforts of Thomas Eddy, see Lewis, From Newgate to Dannemora, 29–54, and Raymond A. Mohl, “Humanitarianism in the Preindustrial City: The New York Society for the Prevention of Pauperism, 1817–1823.”
  38. 38 Quoted in McLennan, The Crisis of Imprisonment, 54.
  39. 39 Lewis, From Newgate to Dannemora, 79–84.
  40. 40 McLennan, The Crisis of Imprisonment, 72.
  41. 41 Ibid., 78.
  42. 42 Ibid., 80.
  43. 43 Bryan D. Palmer, “Kingston Mechanics and the Rise of the Penitentiary, 1833–36,” 10.
  44. 44 Ibid., 13.
  45. 45 Ibid.
  46. 46 On “producer ideology,” see Bryan D. Palmer, A Culture in Conflict: Skilled Workers and Industrial Capitalism in Hamilton, Ontario 1860–1914, 97–122. See also Daniel T. Rodgers, The Work Ethic in Industrial America.
  47. 47 “Report of the Board of Inspectors of the Provincial Penitentiary for 1838,” Appendix to the Journal of the House of Assembly of Upper Canada, 1839, 205.
  48. 48 Ibid.
  49. 49 Christopher R. Adamson, “Hard Labor: The Form and Function of Imprisonment in Nineteenth-Century America,” 92.
  50. 50 Oliver, “Terror to Evil-Doers,” 151.
  51. 51 “Annual Report, Provincial Penitentiary,” Journals of the Legislative Council of the Province of Canada, 1841, Appendix No. 14, 337.
  52. 52 Ibid.
  53. 53 Brown Commission, Reports of the Commissioners Appointed to Enquire into the Conduct, Discipline and Management of the Provincial Penitentiary, 157.
  54. 54 The convict population increased nearly tenfold in the first fifteen years, from fifty-five convicts when Kingston opened in 1835 to nearly five hundred by 1848.
  55. 55 Palmer, “Kingston Mechanics,” 17.
  56. 56 McLennan, The Crisis of Imprisonment, 60.
  57. 57 Lewis, From Newgate to Dannemora, 63.
  58. 58 Colvin, Penitentiaries, Reformatories and Chain Gangs, 94.
  59. 59 Both quoted in Rothman, The Discovery of the Asylum, 101.
  60. 60 McLennan, The Crisis of Imprisonment, 54.
  61. 61 Norman notes that Smith was also the beneficiary of his son’s increasing political influence in Kingston politics. Henry Smith Jr. was elected as the member for Frontenac in 1841. See William Norman, “A Chapter of Canadian Penal History: The Early Years of the Provincial Penitentiary at Kingston and the Commission of Inquiry into Its Management, 1835–1851,” 5–35, esp. 33; Oliver, “Terror to Evil-Doers,” 156–57.
  62. 62 Oliver, “Terror to Evil-Doers,” 158.
  63. 63 Ibid., 163.
  64. 64 The Globe, 4 November 1846.
  65. 65 The other commissioners were politicians Adam Fergusson and Narcisse Amiot; E. Cartwright-Thomas, the sheriff of the Gore district; and journalist William Bristow.
  66. 66 Drawn from a description in The Globe, 7 January 1871.
  67. 67 See Steven Mintz, Huck’s Raft: A History of American Childhood; Neil Sutherland, Children in English-Canadian Society: Framing the Twentieth-Century Consensus; and Hugh Cunningham, The Children of the Poor: Representations of Childhood Since the Seventeenth Century.
  68. 68 Mintz, Huck’s Raft, 134–36.
  69. 69 Oliver, “Terror to Evil-Doers,” 245–46.
  70. 70 Oliver notes that in 1856, a typical year, the proceeds from contract labour at Kingston were £10,228 while the total cost of running the penitentiary was £24,773. Ibid., 254.
  71. 71 Ibid., 250–55.
  72. 72 “Second Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1876,” Sessional Papers, 1877, no. 15, 15.
  73. 73 H. Clare Pentland, Labour and Capital in Canada, 1650–1860, 19–20.
  74. 74 Ibid.
  75. 75 “Warden’s Annual Report, Dorchester Penitentiary,” Sessional Papers, 1888, no. 11, 50.
  76. 76 “Report of the Inspector of Penitentiaries for the Fiscal Year 1895–96,” Sessional Papers, 1897, no. 18, 5.
  77. 77 Prisoners picked apart oakum, or tarred ships’ ropes, by hand to “recycle” the fibers. Victorian prisoners described it as a dirty, distressing, and difficult occupation with no real vocational or economic benefit to the penitentiary. Philip Priestley, Victorian Prison Lives: English Prison Biography, 1830–1914, 122.
  78. 78 “Fourth Annual Report of the Directors of Penitentiaries of the Dominion of Canada for the Year 1871,” Sessional Papers, 1872, no. 27, 2.
  79. 79 “First Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1875,” Sessional Papers, 1876, no. 14, 9.
  80. 80 “Second Annual Report of the Inspector of Penitentiaries,” 12.
  81. 81 “Fourth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1879,” Sessional Papers, 1880, no. 17, 7.
  82. 82 “Tenth Annual Report of the Inspector of Penitentiaries of theDominion of Canada for the Year Ended 30th June 1885,” Sessional Papers, 1886, no. 15, xv.

TWO  REFORM

  1. 1 Act for the Better Management of the Provincial Penitentiary (1851), Provincial Statutes of Canada, 14 and 15 Vict., c. 2, s. xv. Similarly, in the warden’s absence, it would be the duty of the deputy warden “frequently to visit the Shops, Yards, Hospital Cells, and other apartments, taking every precaution for the security of the Prison and the Prisoners” (s. xvi), thereby making his presence felt throughout the institution.
  2. 2 Ibid., s. ix.
  3. 3 Ibid., s. xvii.
  4. 4 John Beswarick Thomson, “Wolfred Nelson,” Dictionary of Canadian Biography Online 1861–1870, vol. 9, 2000, http://bit.ly/cM3ybp.
  5. 5 Quoted in Robert Christie, A History of the Late Province of Lower Canada, Parliamentary and Political from the Commencement to the Close of Its Existence as a Separate Province, 241.
  6. 6 “A General Review of Prison Economics,” Journals of the Legislative Assembly of the Province of Canada (1852), Appendix H.H, 105.
  7. 7 Ibid., 105, 110.
  8. 8 Thomson, “Wolfred Nelson.”
  9. 9 “A General Review of Prison Economics,” 107.
  10. 10 Joshua Jebb, “The Convict Question in 1856,” xxvi.
  11. 11 J. K. Johnson, “Donald Aeneas MacDonell,” Dictionary of Canadian Biography Online, 1871–1880, vol. 10, 2000, http://bit.ly/9MROZR.
  12. 12 Peter Oliver, “Terror to Evil-Doers”: Prisons and Punishments in Nineteenth-Century Ontario, 227.
  13. 13 Ibid., 215–16.
  14. 14 “Angus MacDonell to the Inspectors of the Provincial Penitentiary,” Appendix to the Eleventh Volume of the Journals of the Legislative Assembly of the Province of Canada, 1853, 132.
  15. 15 “Inspector’s Report.” Journals of the Legislative Assembly of the Province of Canada (1853), Appendix I.I.I., 104.
  16. 16 Quoted in ibid, 105.
  17. 17 Quoted in ibid, 113.
  18. 18 M. F. G. Selby, “Maconochie, Alexander (1787–1860),” in Oxford Dictionary of National Biography, online ed., ed. Lawrence Goldman, October 2007, http://www.oxforddnb.com/view/article/37725.
  19. 19 Torsten Eriksson, The Reformers: An Historical Survey of Pioneer Experiments in the Treatment of Criminals, 86–88. See also Norval Morris, Maconochie’s Gentlemen: The Story of Norfolk Island and the Roots of Modern Prison Reform. Morris’s account is a fictional retelling of the Norfolk Island experiment but contains an accurate historical description of Maconochie and his experiments in the penal colony.
  20. 20 Selby, “Maconochie, Alexander.”
  21. 21 Alexander Maconochie, Crime and Punishment. The Mark System: Framed to Mix Persuasion with Punishment, and Make Their Effect Improving, yet Their Operation Severe, 1.
  22. 22 Ibid., 24.
  23. 23 Quoted in Martin J. Weiner, Reconstructing the Criminal: Culture, Law, and Policy in England, 1830–1914, 114–15.
  24. 24 Ibid., 41.
  25. 25 Lawrence Goldman, “Crofton, Sir Walter Frederick (1815–1897),” Oxford Dictionary of National Biography, online ed., ed. Lawrence Goldman, October 2007, http://www.oxforddnb.com/view/article/65325.
  26. 26 In 1864 Crofton proudly noted that Maconochie had lived to see his idea put into practice in the Irish system. “Address by the Chairman, Sir Walter Crofton,” Transactions of the National Association for the Promotion of Social Science, New York Meeting 1864 (London, 1865), 228.
  27. 27 Oliver, “Terror to Evil-Doers,” 285; Richard B. Splane, Social Welfare in Ontario, 1791–1893: A Study of Public Welfare Administration, 39.
  28. 28 “Memorandum on the Provincial Penitentiary,” Sessional Papers, 1862, no. 19, 9.
  29. 29 The term “reformatory prison discipline” was coined by Mary Carpenter, who discussed the Crofton system in her 1865 book, Our Convicts. In 1872 Carpenter wrote Reformatory Prison Discipline, as Developed by the Rt. Hon. Sir Walter Crofton, in the Irish Convict Prisons, which was essentially a summary of the system as described by Crofton in an 1862 meeting of the Social Science Association.
  30. 30 “Memorandum on the Provincial Penitentiary,” 1862, 9.
  31. 31 See E. C. Wines amd Theodore W. Dwight, Report of the Prisons and Reformatories of the United States and Canada Made to the Legislature of New York, January, 1867.
  32. 32 “Principles of Prison Discipline,” in Transactions of the National Congress on Penitentiary and Reformatory Discipline Held at Cincinnati, Ohio, October 12–18, 1870.
  33. 33 “General Remarks on the Discipline Necessary to Be Carried Out in the Provincial Penitentiary of Canada,” Sessional Papers, 1864, no. 39, 99.
  34. 34 Ibid.
  35. 35 Jonathan Swainger, The Canadian Department of Justice and the Completion of Confederation, 1867–78, 81.
  36. 36 On the early history of Lower Fort Garry as a penal institution, see Philip Goldring, The Penitentiary Building, Lower Fort Garry.
  37. 37 Donald G. Wetherell, “Rehabilitation Programmes in Canadian Penitentiaries, 1867–1914: A Study of Official Opinion,” 2–3.
  38. 38 Ibid., 83–84.
  39. 39 Peter Oliver, “Meredith, Edmund Allen,” Dictionary of Canadian Biography Online, 1891–1900, vol. 12, 2000, http://bit.ly/dtoPzt.
  40. 40 “Third Annual Report of the Directors of Penitentiaries of Dominion of Canada for the Year 1870,” Sessional Papers, 1871, no. 60, 1.
  41. 41 “Sixth Annual Report of the Directors of Penitentiaries of the Dominion of Canada for the Year 1873,” Sessional Papers, 1874, no. 42, 3.
  42. 42 Quoted in ibid.
  43. 43 Quoted in “Seventh Annual Report of the Directors of Penitentiaries of the Dominion of Canada, for the Year 1874,” Sessional Papers, 1875, no. 87, 6.
  44. 44 Estelle B. Freedman, Their Sisters’ Keepers: Women’s Prison Reform in America, 1830–1930, 20–22. See also Nicole Hahn Rafter, Partial Justice: Women in State Prisons, 1800–1935.
  45. 45 Lucia Zedner, Women, Crime, and Custody in Victorian England, 113–20.
  46. 46 R. W. Emerson, W. H. Channing, and J. F. Clarke, Memoirs of Margaret Fuller Ossoli, vol. 2, 146, 147.
  47. 47 See Freedman, Their Sisters’ Keepers, 30–31.
  48. 48 Zedner, Women, Crime, and Custody, 119–20.
  49. 49 Oliver, “Terror to Evil-Doers,” 240.
  50. 50 “Annual Report of the Provincial Penitentiary for the Year 1858,” 6–7.
  51. 51 Peter Oliver, “James George Moylan,” Dictionary of Canadian Biography Online, 1901–1910, vol. 13, 2000, http://bit.ly/c181za.
  52. 52 “First Annual Report of the Inspector of Penitentiaries,” 6.
  53. 53 “Second Annual Report of the Inspector of Penitentiaries of the Dominion of Canada, for the Year 1876,” Sessional Papers, 1877, no. 15, 8.
  54. 54 “Sixth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1881,” Sessional Papers, 1882, no. 12, viii.
  55. 55 “Nineteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1894,” Sessional Papers, 1895, no. 18, xi–xxii.
  56. 56 Ibid.

THREE  CRIMINALITY

  1. 1 Susanna Moodie, Life in the Clearings Versus the Bush, 193.
  2. 2 “Second Annual Report of the Inspector of Penitentiaries of the Dominion of Canada, for the Year 1876,” Sessional Papers, 1877, no. 15, 15.
  3. 3 Stephen Pfhol, Images of Deviance and Social Control: A Sociological History, 55–58.
  4. 4 See David Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic, 60–64.
  5. 5 See Ian Taylor, Paul Walton, and Jock Young, The New Criminology: For a Social Theory of Deviance, 10–20.
  6. 6 Ibid., 7.
  7. 7 Paul Rock, “Caesare Lombroso as a Signal Criminologist,” 120.
  8. 8 Martin J. Weiner, Reconstructing the Criminal: Culture, Law, and Policy in England, 1830–1914, 10.
  9. 9 David Garland, Punishment and Welfare: A History of Penal Strategies, 14.
  10. 10 Max Grünhut, Penal Reform: A Comparative Study, 60.
  11. 11 Rothman, The Discovery of the Asylum, 64, 65.
  12. 12 Kingston Chronicle and Gazette, 5 September 1835, quoted in J. M. Beattie, Attitudes Towards Crime and Punishment in Upper Canada, 1830–1850: A Documentary Study, 38.
  13. 13 “Kingston Penitentiary Annual Report,” Appendix to the Eleventh Volume of the Journals of the Legislative Assembly of the Province of Canada, 1853, Appendix I.I.I., 72.
  14. 14 Ibid., 74.
  15. 15 “Preliminary Report of the Board of Inspectors of Asylums, Prisons, &c., 1859,” Sessional Papers, 1860, no. 32, 17.
  16. 16 “Provincial Penitentiary,” Appendix to the Thirteenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1855, Appendix D.D., 1854.
  17. 17 Canadian Temperance Advocate 10, no. 21 (1844): 324.
  18. 18 “Protestant Chaplain’s Report, British Columbia Penitentiary,” Sessional Papers, 1887, no. 4, 100.
  19. 19 Weiner, Reconstructing the Criminal, 10.
  20. 20 “Preliminary Report of the Board of Inspectors of Asylums, Prisons, &c., 1859,” 81.
  21. 21 “Report of the Inspector of Penitentiaries for the Fiscal Year 1895–1896,” Sessional Papers, 1897, no. 18, 5.
  22. 22 “Annual Report of the Provincial Penitentiary for the Year 1858,” Appendix to the Seventeenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1859, Appendix No. 29.
  23. 23 In these totals, I count labourers, carpenters, cigar workers, and painters. In later years, the unknown variable is often female convicts, who are usually listed without trades, the assumption being that they worked only at domestic labour. Even employed women, particularly seamstresses or factory workers, in later years of the nineteenth century were recorded without trades.
  24. 24 “Crime Statistics, Kingston Penitentiary,” Sessional Papers, 1895, no. 18, 81–82.
  25. 25 “Report of the Board of Inspectors of the Provincial Penitentiary for 1838,” Appendix to the Journal of the House of Assembly of Upper Canada, 1839, 62.
  26. 26 Cited in Peter Oliver, “Terror to Evil-Doers”: Prisons and Punishment in Nineteenth-Century Ontario, 228–29.
  27. 27 “Report of the Board of Inspectors of the Provincial Penitentiary for 1838.”
  28. 28 W. David Lewis, From Newgate to Dannemora: The Rise of the Penitentiary in New York, 1796–1848, 113.
  29. 29 “Report of the Inspector of Penitentiaries for the Fiscal Year 1895–1896,” Sessional Papers, 1897, no. 18, 12.
  30. 30 Weiner, Reconstructing the Criminal, 148–49.
  31. 31 Ibid.
  32. 32 “Second Annual Report of the Inspector of Penitentiaries for the Year 1876,” 13. Moylan’s suggestion was to appoint a special officer to “make himself thoroughly acquainted with the convicts in these institutions” so that he could visit each gaol prior to the quarterly assize and identify individuals who were former convicts awaiting trial. This way judges could assign harsher sentences to recidivists.
  33. 33 “Fourteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1889,” Sessional Papers, 1890, no. 10, xii.
  34. 34 “Warden’s Report, Dorchester Penitentiary,” Sessional Papers, 1897, no. 18, 27.
  35. 35 “Third Annual Report of the Directors of Penitentiaries of the Dominion of Canada for the Year 1870,” Sessional Papers, 1871, no. 60, 9.
  36. 36 “Third Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1878,” Sessional Papers, 1879, no. 27, 6.
  37. 37 “Twelfth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1887,” Sessional Papers, 1888, no. 11, xiii.
  38. 38 Quoted in Louis Chevalier, Laboring Classes and Dangerous Classes in Paris During the First Half of the Nineteenth Century, 90.
  39. 39 Ibid., 63–140.
  40. 40 Ibid., 369.
  41. 41 Ibid., 365.
  42. 42 John Welshman, Underclass: A History of the Excluded, 1880–2000, 5.
  43. 43 Gertrude Himmelfarb, The Idea of Poverty: England in the Early Industrial Age, 12.
  44. 44 Mary Carpenter, Reformatory Schools for the Children of the Perishing and Dangerous Classes and for Juvenile Offenders, 3.
  45. 45 Ibid., 203.
  46. 46 Quoted in Lydia Morris, Dangerous Classes: The Underclass and Social Citizenship, 18.
  47. 47 Gareth Stedman Jones, Outcast London: A Study in the Relationship Between Classes in Victorian Society, 262.
  48. 48 Canadian Temperance Advocate 14, no. 18 (September 1848): 275.
  49. 49 New York Times, 17 June 1865.
  50. 50 Charles Loring Brace, The Dangerous Classes of New York and Twenty Years’ Work Among Them, ii.
  51. 51 Ibid.
  52. 52 Ibid., 29.
  53. 53 Jeffrey Adler, “The Dynamite, Wreckage, and Scum in Our Cities: The Social Construction of Deviance in Industrial America.”
  54. 54 The exact number of deaths is not clear, but 120 is the number suggested in James M. McPherson, Ordeal by Fire: The Civil War and Reconstruction, 29.
  55. 55 Karl Marx and Friedrich Engels, Manifesto of the Communist Party, 20.
  56. 56 Charles Booth, ed., Labour and Life of the People, vol. 1: East London, 37, 38.
  57. 57 Ibid., 38.
  58. 58 “Annual Report of the Lazaretto, Tracadie, N.B.,” Sessional Papers, 1885, no. 8, 236.
  59. 59 Canadian Magazine 1, no. 7 (September 1893): 528.
  60. 60 “Statement of Knights of Labor L.A. No. 3,017, Nanaimo, B.C.,” Sessional Papers, 1885, no. 54a, 155.
  61. 61 “Report of the Department of the Interior,” Sessional Papers, 1882, no. 18, 10.
  62. 62 Lucia Zedner, Women, Crime, and Custody in Victorian England, 15.
  63. 63 Ibid., 16.
  64. 64 “Preliminary Report of the Board of Inspectors of Asylums, Prisons &c., 1859,” 32.
  65. 65 Henry Mayhew and John Binney, The Criminal Prisons of London and Scenes of Prison Life, 464.
  66. 66 Mary Carpenter, Our Convicts, vol. 1 (London: Longman, Green, Longman, Roberts and Green, 1864), 31–32.
  67. 67 Mary Carpenter, Reformatory Prison Discipline, as Developed by the Rt. Hon. Sir Walter Crofton, in the Irish Convict Prisons, 68.
  68. 68 Brown Commission, Reports of the Commissioners Appointed to Enquire into the Conduct, Discipline and Management of the Provincial Penitentiary, 136.
  69. 69 On Irvine’s case, see Oliver, “Terror to Evil-Doers,” 239.
  70. 70 Ibid.
  71. 71 “Kingston Penitentiary Annual Report,” 1852.
  72. 72 Kingston Penitentiary, “Prisoners’ Record Book,” 1843–90, RG13, D-1, vol. 1047, reel T-2044, Library and Archives Canada (hereafter LAC).
  73. 73 Moodie, Life in the Clearings Versus the Bush, 216.
  74. 74 Ibid., 232.
  75. 75 “Sixteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1891,” Sessional Papers, 1892, no. 18, vii.
  76. 76 Kingston Penitentiary, “Prisoners’ Record Book,” 1843–90.
  77. 77 “Return of Work Done in Female Prison, Kingston Penitentiary,” Sessional Papers, 1898, no. 18, 69; “Return of Work Done in Female Prison, Dorchester Penitentiary,” Sessional Papers, 1898, no. 18, 70.
  78. 78 Panis (possibly a corruption of “Pawnee”) slaves were members of First Nations bands, most commonly ones who had been captured in battle by rival nations. They were sometimes traded or sold to colonial administrators or to white settlers.
  79. 79 Journal of the House of Assembly of Lower Canada from the 28th March to the 3rd June, 1799 (Quebec: John Neilson, 1799), 126.
  80. 80 Ibid., 122.
  81. 81 Ibid., 128.
  82. 82 Appendix to the Second Volume of the Journals of the Legislative Assembly of the Province of Canada: Session 1842, Appendix S. This case is similar to the events involving John Anderson, an escaped slave who was captured in Canada in Simcoe County. See Patrick Brode, The Odyssey of John Anderson.
  83. 83 “Chaplain’s Report, 6th October 1837,” Appendix to the Journal of the House of Assembly of Upper Canada, 1837, 207.
  84. 84 Robin Winks, The Blacks in Canada: A History, 249.
  85. 85 “The Chaplain’s Report,” Appendix to the First Volume of the Journals of the Legislative Assembly of Upper Canada, 1841, Appendix M, 30.
  86. 86 Winks, The Blacks in Canada, 249–50. Winks also notes that anti-slavery organizations attributed such attitudes and rising prejudice primarily to four main groups: American-born settlers, former West Indies planters, Irish settlers, and the working poor, who competed with blacks for subsistence labour. See also Frank Mackey, Done with Slavery: The Black Fact in Montreal, 1760–1840.
  87. 87 “Provincial Penitentiary, Annual Report,” Appendix to the Twelfth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1853, Appendix H.H.
  88. 88 “Warden’s Report for 1857,” Appendix to the Seventeenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1858, no. 11.
  89. 89 Christopher R. Adamson, “Punishment After Slavery: Southern State Penal Systems, 1865–1890.”
  90. 90 Ibid., 556.
  91. 91 Winks, The Blacks in Canada, 251.
  92. 92 “Kingston Penitentiary Annual Report,” 1852, 27.
  93. 93 Kingston News, 9 October 1896.
  94. 94 “Eighth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1883,” Sessional Papers, 1884, no. 16, xxii.
  95. 95 Ibid.
  96. 96 Adamson, “Punishment After Slavery,” 555–59.
  97. 97 The commercialization of the buffalo trade from Red River since the early 1800s had also altered the economy of the Canadian prairies. By mid-century, Cree hunters had begun to notice the increasing scarcity of buffalo, and, by the 1870s, the Cree, Blackfoot, and Blood were aware that buffalo had stopped migrating north of the forty-ninth parallel. The very real prospect of starvation among the Blackfoot and Cree people, in combination with massive population loss from diseases such as smallpox, convinced many First Nations leaders that a crisis existed and that treaties with the government, which promised annuities, agricultural implements and training, and access to health care, would provide future security. The Canadian government, under John A. Macdonald, was eager to secure treaties because the land that would be surrendered in return was essential to its plan to open the West to economic development and white settlement. The first eight numbered treaties were signed between 1871 and 1899 and covered most of western Canada, excluding British Columbia. For an excellent overview, see Sarah Carter, Aboriginal People and Colonizers of Western Canada to 1900, and, on the numbered treaties, Jill St. Germain, Indian Treaty-Making Policy in the United States and Canada, 1867–1877.
  98. 98 Brian Hubner, “Horse Stealing and the Borderline: The NWMP and the Control of Indian Movement,” 47. See also Roderick C. Macleod, “The North-West Mounted Police, 1873–1905: Law Enforcement and the Social Order in the Canadian North-West”; John Milloy, The Plains Cree: Trade Diplomacy and War, 1790–1870; and John C. Ewers, The Horse in Blackfoot Indian Culture.
  99. 99 Stony Mountain Penitentiary, “Inmate Admittance Registers,” RG73, C-7, acc. W87–88/365, reel T-11089 (1871–85), LAC.
  100. 100 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1878, no. 12, 127.
  101. 101 Hubner, “Horse Stealing and the Borderline,” 62.
  102. 102 Stony Mountain Penitentiary, “Inmate Admittance Registers,” 1871–85.
  103. 103 “Commissioner’s Annual Report, NWMP,” Sessional Papers, 1884, no. 12, 18–19.
  104. 104 “Return Showing Movement of Prisoners in Manitoba Penitentiary, from 1st July, 1882, to 30th June, 1883,” Sessional Papers, 1884, no. 16, 98.
  105. 105 These included two convictions for larceny, shooting with intent to bodily harm, rape, felony, and two convictions for assault. Stony Mountain Penitentiary, “Inmate Admittance Registers,” 1871–85.
  106. 106 Rod Macleod and Heather Rollason, “Restrain the Lawless Savages: Native Defendants in Criminal Courts in the North West Territories, 1878–1885.”
  107. 107 J. A. Macdonald to E. Dewdney, 23 February 1885, box 2, file 38, 546–47, Dewdney Papers, Glenbow Archives.
  108. 108 See G. F. G. Stanley, The Birth of Western Canada: A History of the Riel Rebellions; John L. Tobias, “Canada’s Subjugation of the Plains Cree, 1879–1885” and Blair Stonechild and Bill Waiser, Loyal till Death: Indians and the North-West Rebellion.
  109. 109 For a more comprehensive account of the rebellion trials of First Nations defendants, see Sandra Estlin Bingaman, “The Trials of Poundmaker and Big Bear, 1885,” and Stonechild and Waiser, Loyal till Death, chap. 10, “Snaring Rabbits,” 214–37.
  110. 110 Poundmaker was charged with four counts of treason-felony: the sacking of Battleford on March 20; dictation of a letter to Riel on April 29; the battle of Cut Knife Hill on May 2; and the seizure of a supply train on May 14. Big Bear was also charged with four counts: planning the Frog Lake Massacre on April 2; the sacking of Fort Pitt on April 17; the dictation of a letter on April 21; and the battle at Frenchman’s Butte on May 28. One Arrow was charged with treason-felony on the evidence that he was in Riel’s camp and thereby breached his treaty allegiance to the government.
  111. 111 The Globe, 17 November 1885.
  112. 112 Andrea McCalla and Vic Satzewich, “Settler Capitalism and the Construction of Immigrants and ‘Indians’ as Racialized Others,” 27.
  113. 113 Lee Gibson, “Samuel Lawrence Bedson,” Dictionary of Canadian Biography, 1891–1900, vol. 12, 2000, http://www.biographi.ca/009004-119.01-e.php?&id_nbr=5956.
  114. 114 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1877, no. 15, 180.
  115. 115 Ibid., 127.
  116. 116 Ibid.
  117. 117 “Eleventh Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1886,” Sessional Papers, 1887, no. 4, xxi.
  118. 118 “Report of the Roman Catholic Chaplain, Manitoba Penitentiary,” Sessional Papers, 1885, no. 15, 80.
  119. 119 Ibid., 79.
  120. 120 Ibid., 80.
  121. 121 Ibid.
  122. 122 Weiner, Reconstructing the Criminal, 131.
  123. 123 Mary Carpenter, Juvenile Delinquents: Their Condition and Treatment, 10.
  124. 124 Ibid., 298.
  125. 125 Ibid., 33.
  126. 126 Anthony M. Platt, The Child Savers: The Invention of Delinquency, 3–9. See also Robert M. Mennel, Thorns and Thistles: Juvenile Delinquents in the United States, 1825–1940.
  127. 127 Joan Sangster, Girl Trouble: Female Delinquency in English Canada, 105. See also Dorothy E. Chunn, From Punishment to Doing Good: Family Courts and Socialized Justice in Ontario, 1880–1940.
  128. 128 Kingston Penitentiary, “Prisoners’ Record Book,” 1843–90.
  129. 129 “Eighth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1883,” Sessional Papers, 1884, no. 16, 22.
  130. 130 “Protestant Chaplain’s Report, Dorchester Penitentiary,” Sessional Papers, 1885, no. 15, 56.
  131. 131 “Report of the Surgeon, Dorchester Penitentiary,” Sessional Papers, 1890, no. 10, 165.
  132. 132 As one illustration of this, of the sixty-three young convicts at Kingston Penitentiary, all but eleven were sentenced for some form of property crime: theft, larceny, house and shop breaking, and burglary. Kingston Penitentiary, “Prisoners’ Record Book,” 1843–90.
  133. 133 “Protestant Chaplain’s Report, Kingston Penitentiary,” Sessional Papers, 1900, no. 18, 61.
  134. 134 “Seventeenth Annual Report of the Inspector of Penitentiaries,” vii.
  135. 135 Ibid.
  136. 136 This idea of the “street” and children is explored in Timothy J. Gilfoyle, “Street-Rats and Gutter-Snipes: Child Pickpockets and Street Culture in New York City, 1850–1950.”
  137. 137 “Eighth Annual Report of the Inspector of Penitentiaries,” 23.
  138. 138 Ibid, 22.
  139. 139 “Annual Report of the Warden, Dorchester Penitentiary,” Sessional Papers, 1892, no. 12, 72.

FOUR  PRISON LIFE

  1. 1 Gersham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison, 47.
  2. 2 Ibid., 50–52.
  3. 3 Ibid., 54, 55.
  4. 4 James C. Scott, Weapons of the Weak: Everyday Forms of Peasant Resistance.
  5. 5 The Globe, 20 May 1899.
  6. 6 The Labour Union, 17 March 1883.
  7. 7 The Labour Union, 24 March 1883.
  8. 8 For example, at Dorchester the standard cells were 9 feet 9 inches long and 4 feet 6 inches wide.
  9. 9 “Amendments to Rules and Regulations—Re Convicts—Generally,” RG73, C-1, vol. 134, file 1-21-1, part 1, Library and Archives Canada [hereafter LAC].
  10. 10 “Fourteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1889,” Sessional Papers, 1890, no. 10, xiii.
  11. 11 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1891, no. 12, 96–97.
  12. 12 “Third Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1878,” Sessional Papers, 1879, no. 27, 19.
  13. 13 “Fifteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1890,” Sessional Papers, 1891, no. 12, xxii.
  14. 14 See William Calder, “The Federal Penitentiary System in Canada, 1867–1899: A Social and Institutional History,” 328.
  15. 15 “Warden’s Annual Report, Manitoba Penitentiary,” 103.
  16. 16 Section 8 of the “Rules and Regulations of the Penitentiary” stated:

    They must not exchange a word with one another, nor shall they make use of any signs, except such as are necessary to explain their wants to the waiters…. They must not speak to, or address, their Keepers on any subject but such as relates to their duty or want…. They are not on any occasion, nor under any pretense, to speak to any person who does not belong to the Prison, nor receive from any such person any paper, letter, tobacco, or any other articles whatever…. They are not to gaze at visitors when passing through the prison, nor sing, dance, whistle, run, jump, nor do anything which may have the slightest tendency to disturb the harmony or to contravene the rules and regulations of the prison.

    Appendix to the Journals of the House of Assembly of Upper Canada, Session 1836–37 (Toronto: W. L. Mackenzie, 1837), 20–22.

  17. 17 “Penitentiary Regulations, January 1889,” Consolidated Orders in Council of Canada, c. 60, s. 274.
  18. 18 “Third Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1878,” Sessional Papers, 1879, no. 27, 6.
  19. 19 Ibid.
  20. 20 Stony Mountain Penitentiary, “Warden’s Order Books,” 8 August 1877, RG73, acc. W87–88/365, vol. 87, file 161, LAC.
  21. 21 Stony Mountain Penitentiary, “Warden’s Order Books,” 27 September 1879, RG73, acc. W87–88/365, vol. 87, file 161, LAC.
  22. 22 “Warden’s Report, Manitoba Penitentiary,” Sessional Papers, 1879, no. 27, 149.
  23. 23 British Columbia Penitentiary, “Discharged Convict Question and Answer Book,” n.d., RG73, C-3, acc. V-1984–85/329, vol. 285, LAC.
  24. 24 The Globe, 12 November 1878.
  25. 25 The issue came up in the House of Commons on several occasions in the 1890s and the use of tobacco was generally defended by the government. See 7 March 1890, Official report of the debates of the House of Commons of the Dominion of Canada: fourth session, sixth Parliament, 3639–40; 9 June 1891, Official report of the debates of the House of Commons of the Dominion of Canada: first session, seventh Parliament, 919–20; 28 July 1899, Official report of the debates of the House of Commons of the Dominion of Canada: fourth session, eighth Parliament, 8769–70.
  26. 26 “Surgeon’s Report, Kingston Penitentiary,” Sessional Papers, 1900, no. 18, 38.
  27. 27 Ibid.
  28. 28 Stony Mountain Penitentiary, “Convict Letter Registers,” 31 August 1864 to 12 May 1869, RG73, acc. W87–88/013, book 10, LAC.
  29. 29 Stony Mountain Penitentiary, “Warden’s Order Books,” 5 March 1879, RG73, acc. W87–88/365, vol. 87, file 156, LAC.
  30. 30 Stony Mountain Penitentiary, “Warden’s Order Books,” 20 March 1883, RG73, acc. W87–88/365, vol. 88, file 171, LAC.
  31. 31 Stony Mountain Penitentiary, “Warden’s Order Books,” 29 August 1877, RG73, acc. W87–88/365, vol. 87, file 161, LAC.
  32. 32 Stony Mountain Penitentiary, “Warden’s Order Books,” 26 May 1876, RG73, acc. W87–88/365, vol. 88, file 164, LAC.
  33. 33 “Seventh Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1882,” Sessional Papers, 1883, no. 29, 65.
  34. 34 “Eighth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1883,” Sessional Papers, 1884, no. 29, 65.
  35. 35 Stony Mountain Penitentiary, “Warden’s Order Books,” 27 June 1881, RG73, acc. W87–88/365, vol. 88, file 168, LAC.
  36. 36 “George Hewell Investigation,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, LAC.
  37. 37 Kingston Penitentiary, “Register of Offences Committed by Inmates in Prison, 1886–1895,” RG73, C-3, acc. V-1984–85/329, vol. 280, LAC.
  38. 38 Stony Mountain Penitentiary, “Surgeon’s Daily Letters, 1885–1897,” 31 May 1891, RG73, acc. 87–88/365, reel T-11089, LAC.
  39. 39 “Warden’s Letterbooks, Manitoba Penitentiary,” 7 March 1898, RG73, reel T-11083, vol. 56, LAC.
  40. 40 “Warden’s Letterbooks, Manitoba Penitentiary,” 17 September 1897, RG73, reel T-11083, vol. 56, LAC.
  41. 41 Kingston Penitentiary, “Register of Offences Committed by Inmates in Prison, 1886–1895.”
  42. 42 Stony Mountain Penitentiary, “Correspondence: Convict Letter Registers,” 12 December 1905, 5 June 1905, RG73, acc. 1987–88/013, book 11, LAC.
  43. 43 “Punishment Record, Kingston Penitentiary,” 9 November 1876, RG73, acc. 87–88/014, reel T-1949, LAC.
  44. 44 “Ninth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1884,” Sessional Papers, 1885, no. 15, vi.
  45. 45 The Globe, 1 July 1881.
  46. 46 Ibid.
  47. 47 “Warden’s Letterbooks, Manitoba Penitentiary,” 8 June 1898, RG73, reel T-11089, vol. 56, LAC.
  48. 48 “Correspondence re: Convicts and Convict Letter Registers,” 20 June 1905, RG73, acc. 1987–88/013, book 11, LAC.
  49. 49 “Correspondence re: Convicts and Convict Letter Registers,” 9 February 1906.
  50. 50 Steven Maynard, “The Maple Leaf (Gardens) Forever: Sex, Canadian Historians, and National History.”
  51. 51 Veronica Strong-Boag, “Contested Space: The Politics of Canadian Memory.”
  52. 52 “Correspondence re: Convicts and Convict Letter Registers,” 9 February 1906.
  53. 53 “Seventh Annual Report of the Inspector of Penitentiaries of the Domion of Canada for the Year Ended 30th June 1882,” Sessional Papers, 1883, no. 29, 27.
  54. 54 “Ninth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1884,” Sessional Papers, 1885, no. 15, xxviii.
  55. 55 “Warden’s Annual Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1880, no. 17, 43.
  56. 56 Warden to J. L. Witting, Court Crown Attorney, Kingston, 10 June 1895, RG73, acc. 1987–88/014, reel T-1959, LAC.
  57. 57 “Eighteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1893,” Sessional Papers, 1894, no. 18, xvi.
  58. 58 “Correspondence re: Convicts and Convict Letter Registers,” 1 August 1905.
  59. 59 Steele and Wilson were both apprehended in Boston on burglary charges and extradited to Canada. Nelligan was never recaptured. “Fourth Annual Report of the Directors of Penitentiaries of the Dominion of Canada for the Year 1871,” Sessional Papers, 1872, no. 27, 20.
  60. 60 “Nineteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1894,” Sessional Papers, 1895, no. 18, xvi.
  61. 61 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1876, no. 14, 139.
  62. 62 The 1892 Criminal Code stipulated, “Every one who escapes from custody shall, on being retaken, serve, in the prison to which he was sentenced, the remainder of his term unexpired at the time of his escape, in addition to the punishment which is awarded for such escape; and any imprisonment awarded for such offence may be to the penitentiary or prison from which the escape was made.” Criminal Code of Canada, 1892, c. 29, s. 169.
  63. 63 J. M. Sullivan, Acting Warden, to J. G. Moylan, Inspector of Penitentiaries, 4 November 1890, RG73, acc. 1987–88/014, reel T-1959, LAC.
  64. 64 M. Laval, Warden, Kingston Penitentiary, to John F. Farley, Chief of Police, 1 December 1890, RG73, acc. 1987–88/014, reel T-1959, LAC.
  65. 65 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1884, no. 16, 95.
  66. 66 “Fourteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1889,” Sessional Papers, 1890, no. 10, xv.
  67. 67 “Warden’s Report, Manitoba Penitentiary,” Sessional Papers, 1876, no. 14, 139.
  68. 68 “Warden’s Report, St. John Penitentiary,” Sessional Papers, 1872, no. 27, 66.
  69. 69 “Warden’s Report, Kingston Penitentiary,” Sessional Papers, 1870, no. 5, 26.
  70. 70 “Reports on Attempts to escape made by convict Christopher Murray during which he was mortally wounded.” RG13, vol. 21, file 121-136, LAC.
  71. 71 Ibid.
  72. 72 The Globe, 13 October 1877.
  73. 73 Quoted in“Amendments to Rules and Regulations—Re Convicts—Generally.”
  74. 74 “Seventh Annual Report of the Inspector of Penitentiaries,” 27.
  75. 75 Quoted in “Amendments to Rules and Regulations—Re Convicts—Generally.”
  76. 76 “J. G. Moylan—Inspector of Penitentiaries—Dorchester—Evidence taken by him on the attempted escape of five convicts from the St. Vincent de Paul Penitentiary on the 29th March last,” RG13, series A-2, vol. 58, file 1883-1388, LAC.
  77. 77 “Surgeon’s Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1884, no. 16, 73.
  78. 78 “Ninth Annual Report of the Inspector of Penitentiaries,” vi.
  79. 79 An additional 125 members of the Fenian Brotherhood were sentenced to shorter sentences in the provincial prison at Toronto. See Hereward Senior, The Last Invasion of Canada: The Fenian Raids, 1866–1870.
  80. 80 Lieutenant-General Sir J. Michel to the Right Hon. Earl of Caernarvon, 4 January 1867, in Great Britain Colonial Office, Correspondence Respecting the Recent Fenian Aggression upon Canada (London, 1867).
  81. 81 “Fenian File, 16th October 1868,” RG13, file 18-68-308, series A-2, vol. 18, LAC.
  82. 82 Ibid.
  83. 83 Ibid.
  84. 84 “Fifth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1881,” Sessional Papers, 1882, no. 65, 9.
  85. 85 “Report of the Surgeon, St. Vincent de Paul Penitentiary,” Sessional Papers, 1901, no. 34, 39.
  86. 86 Canada, Report of Commissioners Appointed to Investigate, Inquire into and Report upon the State and Management of the Business of the St. Vincent de Paul Penitentiary, 55.
  87. 87 The Globe, 18 September 1897.
  88. 88 The Globe, 16 September 1897.
  89. 89 The Globe, 18 September 1897.
  90. 90 The Globe, 28 December 1897.
  91. 91 The Globe, 8 January 1898.
  92. 92 British Columbia Penitentiary, “Discharged Convict Question and Answer Book.”
  93. 93 Ibid.

FIVE  MEDICINE

  1. 1 “First Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1875,” Sessional Papers, 1876, no. 14, 9.
  2. 2 Ibid.
  3. 3 Kyle Jolliffe, “An Examination of Medical Services at the Kingston Penitentiary,” 14.
  4. 4 “Report of the Surgeon,” Journals of the Legislative Assembly of the Province of Canada, 1845, Appendix M.
  5. 5 “Report of the Surgeon,” Journals of the Legislative Assembly of the Province of Canada, 1853, Appendix I.I.I.
  6. 6 Michel Foucault, Madness and Civilization: A History of Insanity in the Age of Reason, 59–60.
  7. 7 Michel Foucault, The History of Sexuality, vol. 1, An Introduction, 141.
  8. 8 Michel Foucault, “The Birth of Social Medicine,” 155.
  9. 9 Michael Ignatieff, A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750–1850, 60.
  10. 10 “Report of the Penitentiary Inspectors, First November, 1837,” Appendix to the Journal of the House of Assembly of Upper Canada, 1838, 186.
  11. 11 “Surgeon’s Report, First October, 1837,” Appendix to the Journal of the House of Assembly of Upper Canada, 1838, 206.
  12. 12 Ibid.
  13. 13 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1882, no. 12, 17.
  14. 14 “Surgeon’s Annual Report, Dorchester Penitentiary,” Sessional Papers, 1892, no. 18, 70.
  15. 15 “Surgeon’s Annual Report, Dorchester Penitentiary,” Sessional Papers, 1885, no. 15, 58.
  16. 16 “Surgeon’s Annual Report, Dorchester Penitentiary,” Sessional Papers, 1888, no. 11, 62.
  17. 17 “Surgeon’s Annual Report, Dorchester Penitentiary,” Sessional Papers, 1889, no. 12, 66.
  18. 18 Penitentiary Act, 1868, s. 62.
  19. 19 The Globe, 20 May 1899.
  20. 20 Baldwin to Penitentiary Surgeon, 24 April 1890, “Hospital, 1880–1890,” RG73, acc. 87–88/013 vol. 186, Library and Archives Canada [hereafter LAC].
  21. 21 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1883, no. 29, 53.
  22. 22 “Fifth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1880,” Sessional Papers, 1881, no. 65, 8.
  23. 23 “Surgeon’s Annual Report, Kingston Penitentiary,” 1882, 17.
  24. 24 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1900, no. 18, 38.
  25. 25 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1901, no. 34, 32.
  26. 26 “Surgeon’s Report, Kingston Penitentiary,” Sessional Papers, 1875, no. 87, 14.
  27. 27 “Eighth Annual Report of the Inspector of Penitentiaries,” 11.
  28. 28 “Annual Return of Deaths in the Hospital, Kingston Penitentiary,” Sessional Papers, 1894, no. 12, 11.
  29. 29 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1887, no. 4, 22.
  30. 30 “Surgeon’s Annual Report, Dorchester Penitentiary,” 1888, 62.
  31. 31 “Thirteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1888,” Sessional Papers, 1889, no. 12, xix.
  32. 32 “Report of the Catholic Chaplain, Kingston Penitentiary,” Sessional Papers, 1888, no. 11, 21.
  33. 33 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1888, no. 11, 22.
  34. 34 “Report of the Surgeon, Kingston Penitentiary,” Sessional Papers, 1889, no. 12, 11.
  35. 35 Stony Mountain Penitentiary, “Medical Case Books,” 24 January 1891, box 48, RG73, acc. W87–88/365, LAC.
  36. 36 “Surgeon’s Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1899, no. 18, 30.
  37. 37 Stony Mountain Penitentiary, “Medical Case Books,” 11 April 1891, box 48.
  38. 38 “Surgeon’s Report, Kingston Penitentiary,” Appendix to the Sixteenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1858, Appendix no. 11, 30.
  39. 39 “Surgeon’s Report, Manitoba Penitentiary,” Sessional Papers, 1883, no. 29, 133.
  40. 40 Stony Mountain Penitentiary, “Inmate Admittance Registers,” RG73, C-7, acc. W87–88/365, reel T-11089 (1871–85), LAC.
  41. 41 The correspondence can be found in RG10, vol. 3770, file 33972, reel C-10135, LAC.
  42. 42 “Report of the Catholic Chaplain, Manitoba Penitentiary,” Sessional Papers, 1887, no. 4, 34.
  43. 43 “Report of the Catholic Chaplain, Manitoba Penitentiary,” Sessional Papers, 1886, no. 15, 76.
  44. 44 Saskatchewan Herald, 17 May 1886.
  45. 45 Surgeon to Warden, 22 and 23 July 1895, Stony Mountain Penitentiary, “Letter Book—Surgeon’s Daily Letters,” RG73, vol. 56, reel T-11089, LAC.
  46. 46 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1897, no. 18, 65.
  47. 47 See Maureen K. Lux, Medicine That Walks: Disease, Medicine and Canadian Plains Native People, 1880–1984.
  48. 48 Anne McClintock, Imperial Leather: Race, Gender and Sexuality in the Colonial Context, 46–51.
  49. 49 Lux, Medicine That Walks, 4.
  50. 50 “Report of the Assistant Inspector of Penitentiaries,” Sessional Papers, 1880, no. 17, 79.
  51. 51 “Report of the Surgeon, British Columbia Penitentiary,” Sessional Papers, 1882, no. 12, 93.
  52. 52 Mary-Ellen Kelm, Colonizing Bodies: Aboriginal Healing in British Columbia, 1900–1950.
  53. 53 “Nez Percy Sam,” Stony Mountain Penitentiary, “Medical Case Books, Manitoba Penitentiary,” 1889–1896, box 48, file 79, RG73, acc. W87–88/365, LAC.
  54. 54 Ibid.
  55. 55 “Nez Percy Sam,” Stony Mountain Penitentiary, “Medical Case Books, Manitoba Penitentiary,” 1896–1906, box 48, file 80, RG73, acc. W87–88/364, LAC.
  56. 56 “Report of the Roman Catholic Chaplain, Manitoba Penitentiary,” Sessional Papers, 1888, no. 11, 79.
  57. 57 Wendy Mitchinson, “Reasons for Committal to a Mid-Nineteenth-Century Ontario Insane Asylum: The Case of Toronto,” 95.
  58. 58 Simon N. Verdun-Jones and Russell Smandych, “Catch-22 in the Nineteenth Century: The Evolution of Therapeutic Confinement for the Criminally Insane in Canada, 1840–1900.”
  59. 59 Quoted in Kyle Jolliffe, “An Examination of Medical Services at the Kingston Penitentiary,” 156–60.
  60. 60 Act for the Better Management of the Provincial Penitentiary (1851), Provincial Statutes of Canada, 14 and 15 Vict., c. 2, s. xlvi.
  61. 61 Peter Oliver, “Terror to Evil-Doers”: Prisons and Punishments in Nineteenth-Century Ontario, 232.
  62. 62 Quoted in James E. Moran, Committed to the State Asylum: Insanity and Society in Nineteenth-Century Quebec and Ontario, 147.
  63. 63 Ibid., 234.
  64. 64 T. J. W. Burgess, Abstract of a Historical Sketch of Canadian Institutions for the Insane.
  65. 65 See Abraham S. Luchins, “The Cult of Curability and the Doctrine of Perfectibility: Social Context of the Nineteenth-Century American Asylum Movement.”
  66. 66 “Eleventh Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1886,” Sessional Papers, 1887, no. 4, xii.
  67. 67 James Hack Tuke quoted in Daniel Hack Tuke, The Insane in Canada and the United States, 215.
  68. 68 The treatment was developed independently at the end of the eighteenth century by Phillipe Pinel in Paris, Vincenzo Chiarugi in Florence, and William Tuke in York. See Anne Digby, Madness, Morality, and Medicine: A Study of the York Retreat, 1796–1914, 33–34, and Danielle Terbenche, “‘Curative’ and ‘Custodial’: Benefits of Patient Treatment at the Asylum for the Insane, Kingston, 1878–1906.”
  69. 69 Moran, Committed to the State Asylum, 5, 18.
  70. 70 Digby, Madness, Morality, and Medicine, 42.
  71. 71 “The Surgeon’s Report, 31st December 1853,” Journals of the Legislative Assembly of Upper Canada, 1853, Appendix D.D.
  72. 72 Ibid.
  73. 73 Tuke, The Insane in the United States and Canada, 237–38.
  74. 74 “Fifteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1890,” Sessional Papers, 1891, no. 12, xviii.
  75. 75 “Nineteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1894,” Sessional Papers, 1895, no. 18, xvii.
  76. 76 “Fifteenth Annual Report of the Inspector of Penitentiaries,” xviii. One example of a “tonic” used in Canadian penitentiaries was bromidia, produced by Battle & Co. of St. Louis. Bromidia contained pure chloral hydrate and cannabis, which produced a powerful sedative effect on patients. “Medical Items,” Canadian Medical and Surgical Journal 13, no. 3 (1884): 192.
  77. 77 “Harry Brown,” Stony Mountain Penitentiary, “Medical Case Books” 1896–1906, box 47, file 79, RG73, acc. W87–88/365, box 49, LAC.
  78. 78 Ibid.
  79. 79 Ibid.
  80. 80 I consider only this twenty-year period because the register does not contain complete information for admissions after 1890 and into the twentieth century. In short, the discharge data for many of these admissions is obscured because many were incarcerated in the asylum after the end date on the register. See “Register of Inmates at Kingston Criminal Lunatic Asylum,” RG73, acc. 87–88/013, vol. 34, 8–40, LAC.
  81. 81 “Surgeon’s Annual Report, Kingston Penitentiary,” Sessional Papers, 1895, no. 18, 6.
  82. 82 Geoffrey Reaume, “Patients at Work: Insane Asylum Inmates’ Labour in Ontario, 1841–1900.”
  83. 83 “Surgeon’s Annual Report, St. Vincent de Paul Penitentiary,” 1899, 30–31.
  84. 84 Quoted in Digby, Madness, Morality, and Medicine, 42.
  85. 85 Samuel Bedson to Lt. Gov. Morris, 21 December 1875, Stony Mountain Penitentiary, “Warden’s Letterbook,” RG73, acc. W87–88/365, reel T-11079, LAC.
  86. 86 Stony Mountain Penitentiary, “Warden’s Order Books,” 27 January 1879, RG73, acc. W87–88/365, vol. 87, box 151, LAC.
  87. 87 Stony Mountain Penitentiary, “Warden’s Order Books,” 9 November 1880, RG73, acc. W87–88/365, vol. 87, box 151, LAC.
  88. 88 Stony Mountain Penitentiary, “Inmate Admittance Registers,” 1871–85.
  89. 89 Wendy Mitchinson, The Nature of Their Bodies: Women and Their Doctors in Victorian Canada, 313–14.
  90. 90 T.W.J. Burgess, Presidential Address to the Royal Society of Canada, 1905, 38–39. See also Mark Finnane, “Asylums, Families and the State,” and, for a more recent example that advances similar conclusions but employs a quantitative analysis, James Moran, David Wright, and Matt Savelli, “Families, Madness, and Confinement in Victorian Ontario.”
  91. 91 In 1883 the warden at Kingston noted that three female mental patients worked with the other women inmates and had been “usefully and profitably employed.” “Seventh Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1882,” Sessional Papers, 1883, no. 29, 18.
  92. 92 “Warden’s Annual Report, Manitoba Penitentiary,” Sessional Papers, 1879, no. 27, 15.
  93. 93 Stony Mountain Penitentiary, “Warden’s Order Books,” 18 September 1880, 14 January 1881, and 3 March 1881, RG73, acc. W87–88/365, vol. 87, box 151, LAC.
  94. 94 It is interesting that the same behaviour was often identified in cases of non-lunatic convicts in all federal penitentiaries. A convict who behaved in this manner was regarded as “insubordinate.” See Stony Mountain Penitentiary, “Warden’s Order Books,” 11 September 1881, 14 October 1881, 19 March 1882, RG73, acc. W87–88/365, vol. 87, box 151, LAC.
  95. 95 Stony Mountain Penitentiary, “Inmate Admittance Registers,” 1871–85.
  96. 96 Stony Mountain Penitentiary, “Warden’s Order Books,” 7 September 1881, RG73, acc. W87–88/365, vol. 87, box 157, LAC.
  97. 97 S. L. Bedson to J. Couchon, Lieutenant Governor of Keewatin, 28 February 1880, RG13, series A-2, vol. 47, file 1880-1024, LAC.
  98. 98 “Manitoba Penitentiary, Return of Officers,” Sessional Papers, 1880, no. 17, 172.
  99. 99 S. L. Bedson to J. Couchon, 28 February 1880.
  100. 100 Warden to Inspector of Penitentiaries, 8 February 1906, Stony Mountain Penitentiary, “Correspondence re: Convicts and Convict Letter Registers,” RG73, acc. 1987–88/013, book 11, LAC.
  101. 101 Warden to Minister of Justice, 21 November 1905, Stony Mountain Penitentiary, “Correspondence re: Convicts and Convict Letter Registers.”
  102. 102 Stony Mountain Penitentiary, “Inmate Admittance Registers,” 1871–85.
  103. 103 Surgeon to Warden, 20 January 1896, Stony Mountain Penitentiary, “Surgeon’s Daily Records,” RG73, W87–88/365, reel T-11089, LAC.
  104. 104 Irvine to T. N. Stephens, 9 January 1897, Stony Mountain Penitentiary, “Warden’s Daily Letter Book,” RG73, W87–88/365, reel T-11089, LAC.
  105. 105 Irvine to Miss T. N. Stephens, 29 January 1897, Stony Mountain Penitentiary, “Warden’s Daily Letter Book.”
  106. 106 Irvine to Douglas Stewart, Inspector of Penitentiaries, 21 September 1897, Stony Mountain Penitentiary, “Warden’s Daily Letter Book.”
  107. 107 “Criminal Statistics, Kingston Penitentiary,” Sessional Papers, 1899, no. 18, 85.
  108. 108 “List of Insane Convicts, Kingston Penitentiary,” Sessional Papers, 1899, no. 18, 123.
  109. 109 Robert Darby, “Pathologizing Male Sexuality: Lallemand, Spermatorrhea, and the Rise of Circumcision,” 289.
  110. 110 “Report of Dr. Wolfred Nelson, One of the Inspectors of the Provincial Penitentiary on the Present State, Discipline, Management and Expenditure of the District and Other Prisons in Canada East,” Appendix to the Eleventh Volume of the Journals of the Legislative Assembly of the Province of Canada, 1853, Appendix H.H.
  111. 111 Foucault, An Introduction, 5–6.
  112. 112 Ibid., 53.
  113. 113 Michael Mason, The Making of Victorian Sexuality, 211.
  114. 114 Ibid., 213.
  115. 115 Ellen Bayuk Rosenman, “Body Doubles: The Spermatorrhea Panic,” 375.
  116. 116 Ibid., 376.
  117. 117 Mason, The Making of Victorian Sexuality, 215.
  118. 118 “Review: On Spermatorrhea: Its Pathology, Results and Complications.”
  119. 119 Darby, “Pathologizing Male Sexuality,” 289 and 309–10.
  120. 120 “Report of the Board of Inspectors of Asylums, Prisons &c. for the Year 1859,” Sessional Papers, 1860, no. 23, 62.
  121. 121 “Alexander Munro,” Stony Mountain Penitentiary, “Medical Case Books,” 1878–1885, RG73, acc. W87–88/365, vol. 47, box 78, LAC.
  122. 122 “List of Sick Treated in Hospital and Cells at St. Vincent de Paul Penitentiary,” Sessional Papers, 1895, no. 18, 40; “Return of Sick Treated in Hospital and Cells,” Sessional Papers, 1896, no. 18, 52; “Cases Treated in the Prison,” Sessional Papers, 1900, no. 18, 48.
  123. 123 “Annual Return of Sick Treated in Hospital at Kingston Penitentiary,” Sessional Papers, 1899, no. 18, 32.
  124. 124 Jessa Chupik and David Wright, “Treating the Idiot Child in Early Twentieth-Century Ontario.”
  125. 125 “Seventh Annual Report of the Inspector of Penitentiaries,” 13.
  126. 126 “Eleventh Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1886,” Sessional Papers, 1887, no. 4, xii.
  127. 127 David Wright, Mental Disability in Victorian England: The Earlswood Asylum, 1847–1901, 5. See also Angus McLaren, “The Creation of a Haven for ‘Human Thoroughbreds’: The Sterilization of the Feeble-Minded and the Mentally Ill in British Columbia,” and Steve Noll, Feebleminded in Our Midst: Institutions for the Mentally Retarded in the South, 1900–1940.
  128. 128 Anne Digby, “Contexts and Perspectives,” 10.
  129. 129 Angus McLaren, Our Own Master Race: Eugenics in Canada, 1885–1945.
  130. 130 “Fourteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1890,” Sessional Papers, 1891, no. 10, xxii.
  131. 131 “Seventh Annual Report of the Inspector of Penitentiaries,” 13.
  132. 132 “Surgeon’s Annual Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1900, no. 18, 45.
  133. 133 “Warden’s Annual Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1900, no. 18, 18.
  134. 134 “Surgeon’s Annual Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1901, no. 34, 41.
  135. 135 Anne Digby, “Contexts and Perspectives,” 4.
  136. 136 “Report of the Surgeon, Kingston Penitentiary,” Sessional Papers, 1897, no. 18, 38.
  137. 137 Karl Marx, Capital: A Critique of Political Economy, 797.
  138. 138 Paul Abberly, “The Limits of Classical Social Theory in the Analysis and Transformation of Disablement,” 28–32.
  139. 139 Peter Linebaugh, “All the Atlantic Mountains Shook,” 96.

SIX  PUNISHMENT

  1. 1 Flanigan was actually the deputy warden and served as acting warden for only a few months in 1870 between the death of Warden J. M. Ferres and the appointment of John Creighton.
  2. 2 “Report of the Acting Warden of Kingston Penitentiary For the Year Ending 31st December 1870,” Sessional Papers, 1871, no. 60, 7.
  3. 3 Quoted in E. C. Wines, Report of the International Penitentiary Congress of London Held July 3–13, 1872, 168.
  4. 4 Brown Commission, Reports of the Commissioners Appointed to Inquire into the Conduct, Discipline and Management of the Provincial Penitentiary [hereafter Brown Commission], 182.
  5. 5 Peter Oliver, “Terror to Evil-Doers”: Prisons and Punishments in Nineteenth-Century Ontario, 211.
  6. 6 Brown Commission, 295.
  7. 7 Ibid., 192; “Penitentiary Report for the Year 1856,” Appendix to the Fifteenth Volume of the Journals of the Legislative Assembly of the Province of Canada, 1857, Appendix No. 7.
  8. 8 Numbers are drawn from “Returns of Punishment” from all penitentiaries published in the Sessional Papers of Canada, 1870–1900. It must be noted that criminal courts in Canada continued to use whipping as a punishment for particular crimes, most often for sexual assaults. In the post-Confederation years, these punishments were often carried out by prison staff in conjunction with a prison sentence.
  9. 9 Martin Weiner, Men of Blood: Violence, Manliness and Criminal Justice in Victorian England.
  10. 10 Ibid., 64–70.
  11. 11 Ibid. See also Jacob Middleton, “Thomas Hopley and Mid-Victorian Attitudes to Corporal Punishment.”
  12. 12 “Report of the Acting Warden of the Kingston Penitentiary for the Year Ending 31st December 1871,” Sessional Papers, 1872, no. 27, 17.
  13. 13 E. C. Wines, The State of Prisons and of Child-Saving Institutions in the Civilized World, 99.
  14. 14 21 May 1869, House of Commons Debates, (Ottawa, Information Canada, 1975), 427.
  15. 15 “Seventh Annual Report of the Directors of Penitentiaries of the Dominion of Canada for the Year 1874,” Sessional Papers, 1875, no. 87, 11.
  16. 16 Ibid.
  17. 17 “Twelfth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1887,” Sessional Papers, 1888, no. 11, xxi.
  18. 18 “Second Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1876,” Sessional Papers, 1877, no. 15, 11.
  19. 19 Ibid.
  20. 20 “Sixth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1881,” Sessional Papers, 1882, no. 12, xviii.
  21. 21 Stony Mountain Penitentiary, “Warden’s Order Books,” 20 December 1881, RG73, W87-88/365, vol. 88, file 169, Library and Archives Canada [hereafter LAC].
  22. 22 David Garland, Punishment and Modern Society: A Study in Social Theory, 32.
  23. 23 Friedrich Nietzsche, The Birth of Tragedy and the Genealogy of Morals, 198.
  24. 24 David Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic, 246.
  25. 25 The Globe, 21 April 1876.
  26. 26 Martin Weiner, Reconstructing the Criminal: Culture, Law, and Policy in England, 1830–1914, 93.
  27. 27 Proceedings of the Annual Congress of the National Prison Association of the United States, Toronto, September 10–15, 1887, 214.
  28. 28 Ibid., 219.
  29. 29 Stony Mountain Penitentiary, “Warden’s Order Books,” 15 September 1880, RG73, W87–88/365, vol. 88, file 66, LAC.
  30. 30 E. C. Wines and Theodore W. Dwight, Report on the Prisons and Reformatories of the United States and Canada Made to the Legislature of New York, January, 1867, 166.
  31. 31 Stefan Breur, “The Dénouements of Civilisation: Norbert Elias and Modernity,” International Social Science Journal, no. 128 (1991): 414, quoted in Carolyn Strange, “The Undercurrents of Penal Culture: Punishments of the Body in Mid-Twentieth-Century Canada,” 8.
  32. 32 The Globe, 31 July 1888.
  33. 33 The Globe, 13 August 1888.
  34. 34 Ibid.
  35. 35 The Globe, 17 August 1888.
  36. 36 “Warden’s Annual Report, St. Vincent de Paul Penitentiary,” Sessional Papers, 1877, no. 15, 82.
  37. 37 “Outline of Punishments on the Prisoners in the St. Vincent de Paul Penitentiary, During the Year 1876,” Sessional Papers, 1877, no. 15, 80.
  38. 38 “Warden’s Annual Report, St. Vincent de Paul Penitentiary,” 1877, 82.
  39. 39 “Second Annual Report of the Inspector of Penitentiaries,” 10.
  40. 40 “Kingston Penitentiary Punishment Book,” 3 November 1876 to 10 March 1880, RG73, acc. 87–88/014, reel T-1949, LAC.
  41. 41 “Second Annual Report of the Inspector of Penitentiaries,” 10.
  42. 42 Kingston Penitentiary, “Register of Offences Committed by Inmates in Prison, 1886–1895,” RG73, C-3, V-1984–85/329, vol. 280, LAC.
  43. 43 British Columbia Penitentiary, “Discharged Convict Question and Answer Book,” RG73, V-1984–85/329, vol. 285, LAC.
  44. 44 “Register of Offences Committed by Inmates in Prison, 1886–1895.”
  45. 45 Ibid.
  46. 46 “Punishment Record, Kingston Penitentiary,” 3 November 1876 to 10 March 1880, RG73, acc. 87–88/014, reel T-1949, LAC.
  47. 47 Ibid.
  48. 48 Ibid.
  49. 49 The Globe, 3 July 1882.
  50. 50 The Globe, 15 December 1894.
  51. 51 “Summary of Punishments Awarded to Convicts in the Kingston Penitentiary, During the Year 1870,” Sessional Papers, 1871, no. 34, 21.
  52. 52 “Summary of Punishments Awarded to Convicts in the Dorchester Penitentiary, During the Year Ended 30th June 1885,” Sessional Papers, 1886, no. 15, 55.
  53. 53 “Summary of Punishments Awarded to Convicts in the Kingston Penitentiary, During the Year 1871,” Sessional Papers, 1872, no. 27, 10.
  54. 54 The Globe, 18 February 1891.
  55. 55 The Oregon boot was patented and manufactured by Oregon State Penitentiary starting in 1866 (http://www.oregon.gov/DOC/OPS/PRISON/osp_history3.shtml). It was used as late as 1898 at British Columbia Penitentiary. “Summary of Punishments—British Columbia Penitentiary,” Sessional Papers, 1899, no. 18, 115.
  56. 56 Philip Priestley, Victorian Prison Lives: English Prison Biography, 1830–1914, 131.
  57. 57 Irvine to Stewart, 7 March 1896, Stony Mountain Penitentiary, “Manitoba Penitentiary—Warden’s Letterbook,” RG73, acc. 87–88/364, reel T-11089, LAC.
  58. 58 “Convict no. 58,” June 18, 1905, Stony Mountain Penitentiary, “Defaulter’s Books,” 1905, Stony Mountain Penitentiary, box 1, file 13, RG73, acc. 87–88/364, LAC.
  59. 59 “Report of the Hospital Overseer,” 1889–1892, Stony Mountain Penitentiary, “Hospital and Sick Reports,” box 4, file 19. RG73, W87–88, LAC.
  60. 60 Ibid.
  61. 61 Ironically, Hills escaped from Manitoba Penitentiary the following year and remained at large for six years until he was arrested again in Vancouver. He was sentenced to another term at Manitoba after officials recognized his face (in spite of his use of the alias John Edwards). In addition to his sentence for shop breaking, Hills served six months for prison escape (Stony Mountain Penitentiary, “Inmate Admittance Registers,” RG73, C-7, acc. W87–88/365, reel T-11089 [1871–85], LAC).
  62. 62 “Sixth Annual Report of the Directors of Penitentiaries of the Dominion of Canada for the Year 1874,” Sessional Papers, 1873, no. 42, 3.
  63. 63 “Ninth Annual Report of the Inspector of Penitentiaries,” iv.
  64. 64 “Second Annual Report of the Inspector of Penitentiaries,” 15.
  65. 65 “Third Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year 1878,” Sessional Papers, 1879, no. 27, 7.
  66. 66 “Fifth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1880,” Sessional Papers, 1881, no. 65, 7.
  67. 67 “Thirteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1888,” Sessional Papers, 1889, no. 12, xiv.
  68. 68 Rothman, The Discovery of the Asylum: Social Order and Disorder in the New Republic, 88; Michael Ignatieff, A Just Measure of Pain: The Penitentiary in the Industrial Revolution, 1750–1859, 139–40.
  69. 69 “Thirteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1888,” Sessional Papers, 1889, no. 12, xv.
  70. 70 “Report of the Inspector of Penitentiaries for the Fiscal Year 1895–1896,” Sessional Papers, 1897, no. 18, 10.
  71. 71 “Nineteenth Annual Report of the Inspector of Penitentiaries,” xvi.
  72. 72 Ibid.
  73. 73 “Report of the Inspector of Penitentiaries for the Fiscal Year 1895–96,” 10.
  74. 74 Penitentiary Commission Separate Report No. 4, 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, LAC. Note that this file contains records of the investigation into the shooting of convict Hewell. In the notes that follow, the titles in quotations refer to the sworn testimony of specific officers, staff, and prisoners. Some of the pages in the original file are numbered and some are not.
  75. 75 “Re: Shooting of Convict Hewell,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, LAC.
  76. 76 Ibid.
  77. 77 “Shooting of Convict Hewell: Convict Corbett,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, 3, LAC.
  78. 78 Ibid.
  79. 79 Ibid., 2.
  80. 80 Ibid.
  81. 81 Ibid.
  82. 82 “Shooting of Convict Hewell: Chief Keeper Hughes,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, 2, LAC.
  83. 83 “Re: Shooting of Convict Hewell,” 4.
  84. 84 “Chief Keeper Hughes,” 2.
  85. 85 “Shooting of Convict Hewell: Guard Spence,” 18 December, 1896, RG73, acc. 1985–86-182, box 108, file 1826, 3, LAC.
  86. 86 “Coroner’s Report—W. S. Hughes—Chief Keeper,” RG73, acc. 1985–86-182, box 108, file 1826, 1, LAC.
  87. 87 Ibid.
  88. 88 “Shooting of Convict Hewell: W. J. McLeod, Warden’s Clerk,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, 8, LAC.
  89. 89 “Shooting of Convict Hewell: Guard Sullivan,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, 2, LAC.
  90. 90 “Shooting of Convict Hewell: Alex Spence,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, n.p., LAC.
  91. 91 Ibid.
  92. 92 “Chief Keeper Hughes,” 12.
  93. 93 “Shooting of Convict Hewell: Guard McDonell,” 18 December 1896, RG73, acc. 1985–86-182, box 108, file 1826, 9, LAC.
  94. 94 “Guard Sullivan,” 5.
  95. 95 “Alex Spence,” 3.
  96. 96 The Globe, 1 July 1881.
  97. 97 “Shooting of Convict Hewell,” 6.
  98. 98 “Thirteenth Annual Report of the Inspector of Penitentiaries of the Dominion of Canada for the Year Ended 30th June 1888,” Sessional Papers, 1889, no. 12, xvii.
  99. 99 Ibid.
  100. 100 “Dominion Parole Officer’s Report,” Sessional Papers, 1906, no. 34, 12.

CONCLUSION

  1. 1 David Garland, Punishment and Welfare: A History of Penal Strategies, 14.
  2. 2 June Carter Cash, “Johnny Cash at San Quentin,” liner notes from Johnny Cash at San Quentin, Johnny Cash (1969; reissue, Sony Music Entertainment, 2000), 8.
  3. 3 Ibid., 9.
  4. 4 Quoted in Eribon Dider, Michel Foucault, 225.
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