Historical Documents

Litigation involving the conditions in the Harris County Jail in the 1970s and 1980s resulted in construction of many new facilities which, at least to date, have been held to meet constitutional muster. The extended litigation in Federal Court resulted in significant improvement in how persons are housed. The first complaint involving our county’s jail did not need to wait until the 1960s, or even to the application of the “cruel and unusual punishment” punishment of the United States Constitution. It was a report of the Harrisburg County Grand Jury made during the Republic of Texas era.

Dr. Ashbel Smith

Judge Patrick Jack of the Harris County District Court appointed the Grand Jury for the 1840 term with a number of leading citizens. The person that was elected at the foreman was a relative newcomer to Texas – Ashbel Smith. Smith had already, by his 34th Birthday, proven himself to be a person of great and diverse talents. [i]He had graduated from Yale University at the age of 19, and from the Yale Medical School three years later. He temporarily moved to France, and treated the sick and wrote a pamphlet (in French!) during the Paris cholera epidemic of 1832. He was persuaded to move to Houston in the fall of 1836 by his friend J. Pickney Henderson.

Smith became a good friend of Sam Houston, and was appointed Surgeon General to the Army of the Republic of Texas. He founded the first hospital in Harris County. In his spare time, he negotiated a peace treaty for President Houston with the Comanche Tribe, founded the Philosophical Society of Texas, and made the first recommendations to the Congress to create a system of Public Education in Texas. In 1839, he was instrumental in abating the yellow fever epidemic that had killed hundreds of persons in Galveston and Houston.

Smith and the Grand Jury apparently saw the Harrisburg County Jail in one of their first meetings. It is appropriate that they would do so, since they would be called upon to indict persons for crimes that would await trial in that jail. Since the District Court only met two months a year, the stay for anyone indicted could go to as long as five months before they would even see the District Judge. Since the Republic of Texas was cash-poor, bail was something that most accused could not hope to post.

Regardless of the circumstances of the visit, here is verbatim (as well as can be read) [ii] the report of the grand jury:

The Grand Jurors elected in and for the County of Harrisburg upon their oath present That they have made a careful inspection of the jail situated in this city. The building is small and badly contrived: the cells are only two in number, of narrow dimension and very imperfectly ventilated. Into each of these are frequently crowded half a dozen human beings- sometimes more.

Persons of the most diversified conditions and under the most differing circumstances are brought into close personal contact. Those who are not even charged with any offense whatsoever, or at the worst a slave been overtaken by misfortune or pecuniary loss. Such as the most careful upright are liable to and are compelled to associate with criminals who have committed deeds from which human nature recoils with horror. The juvenile delinquent is preferred trained for crime and high misdemeanors by forced intercourse with the hardened and shameless villain.

Persons of the opposite sex who, unfortunately, for the credit of our nature, are compelled to be held endurance we understand are confined in the narrow antichamber communicating with the cells. In addition to the modification of their delinquency by being exposed continually to the view of the inmates of the cells, their eyes as well as their ears are saluted continually with all that is obscene, coarse, rude, indelicate and shocking to the modesty of the other sex.

From the narrow dimensions of the building and its rooms it is impossible To preserve them in a sweet and wholesome condition especially during the summer season. It was from the confinement of prisoners in prisons similar to ours that produced the Jail fever so prevalent and so fatal in the past century not only to those confined but also to the Judge and the court before whom these trials were held. The enlightened policy and more benevolent effort of latter times has destroyed this evil in other countries. The Grand Juries are of opinion that Texas should not repeat the scenes of the Black Death of England.

A Jail such as ours is not only injurious To the inmates but is very liable to become a source of malignant disease to persons residing in its vicinity. The effects now present at the jail for some are so putrid as to sicken the strongest stomach. And Grand Jury urge that the unfortunate of Texas, by confinement in such a place should not suffer severe punishment than is awarded to a crime elsewhere. The chamberpots of the jail are changed only every seven days. During this period their foul and putrefying contents stands in the cell of the prisoners. The jail officers informs the Grand Jury that emptying the pots is attended with much trouble and that it can be done only by night from the public situation of the Jail. That all police officers are required to be present to guard the prisoners in such occasions. These tubs ought assuredly to be removed every morning which easily be done where the Jail in a full expanded situation.

Touching the general condition of the police of the Jail, the Grand Jury present that although no care would render the present building under present circumstances adequate and heartfelt yet that there is room for improvement that the cells should be whitewashed with lime and more attention paid to clean linens Generally.

Ashbel Smith

Foreman of the Grand Jury

A new jail was built, although given the budgetary constraints of the Republic of Texas and the advances of mid-Nineteenth Century sanitation, it is doubtful it was much better than the jail that came before it. It is certain that whatever the conditions, those inside would rather be outside.

Minutes From 11th District Court