A BRIEF ACCOUNT OF THE <£onfltrt*ctiou, JSLmiftcwcut, & BtoctuRur $ct. $cc. OF THE NEW-YORK STiLTR PRISON AT JLWBURJV, TOCETHER WITH A COMPENDIUM OF CRIMINAL LAM. ALSO A Report of the Trial of an Officer of said Prison for whipping a CONVICT. BY Q, POWERS, AGENT and KEEPER. t AUBURN, N. V. PRINTED BY U. F. DOUBLEDAY, 1886. V. ■ i ft . -r * L ..KM'WjHV V.v\. ■ y > ■ i ■ t? . ' IINDEX, General Government of the Prison, General Regulations and Discipline, Duty of Convicts, 3, Some rules and practices relative to the Officers, &x. Receiving Convicts, Opening Prison in the morning, and proceedings of the day, Breakfast, Of the Sick, Clothes time, Dinner, Closing the Prison at night, and night dutv. Sunday Regulations, Sunday Brett*fast, Sunday morning School, Divine Service, Sunday afternoon School, Of Turnkeys reliefs, Visitors, Scrubbing, cleansing, white-washing, airing North Wing, &.c. Hospital, North Yard, The Guard, Kitchen and Wash-room Departments, Some particular Regulations as to Vaults, dso. Carrying water to drink, to the Shops, Other Shop Regulations, Female Department, Discharging Co victs, Religious Instruction, Sunday School Instruction, Duty of Assistant Keepers, -I, Duty of Clerk, Duty of the Physician, Duty of the Deputy Keeper, Duties and Powers of the Agent and Keeper, Contracts and Contractors, Abstract of Contracts first made, and those which have been changed or extended, with some general remarks, Coopers’ Shop, Tailors’ Shop, Shoemakers’ Shop, Tool Shop, Weavers’ Shop, Blacksmiths’ Shop with a Schedule of prices for manufactur- ing certain articles, (A) Rations—Contracts for supplying them—Annual expense per man, Convicts’ Clothing and Bedding, Page. I I 59, 61 3 4 6 6 0 6 8 K 9 9 iu 10 10 11 11 12 13 13 14 14 14 15 15 17 20 21, 60 22 tv» 23 23 25 26 20 27 27 27 27 28 29 29fc>jlitary Cells—Confinement, &c. and the effects produced' by Solitary Confinement, 00 A Compend of Statute Criminal Laws, 08 Extracts from the Inspectors’ Report of January, 1824, con- taining Kemarks on the Improvement of the Criminal Code, on the Pardoning Power, Excise Laws, &c. 6lc. 47 Extracts from the State Commissioners’ Report of January, 1825, i:i relation to the Auburn Prison, 63 New Prison at Sing-Sing, 56 Extract from the Reportof the Prison Discipline Society, at Boston, containing Kemarks on the Auburn State Prison, and others—with an engraving, 6fl Mode of Punishment and Means of enforcing Discipline, 60 Report of the Trial of an Assistant Keeper for whipping a Convict, 62 Judge Walworth’s Charge to the Jury, 63 General description of the Buildings, Walls, and Yards, with remarks on the importance o(facility of Inspection, and other arrangements in building Prisons, 73 General and present health of the convicts, Reformation of convicts, 77 A Table, shewing the number of convicts received on first conviction—their crimes, sentences, ages, places of nativity, employment, the number of deaths, pardons, &c. 80 Table, shewing th number and employment of convicts, Oct. 31, 1826, 81 (A.; At page 28, there is a mistake in the prices of certain articles of Blacksmith work, which was not discovered in time to be corrected elsewhere.—For all edge- tools, compasses, hammers, shovels, screw-plates, braces and bow drill stocks, furnish stock, at the prices there stated.jMHSffMSfc This prison has, for some time past, attracted much public attention; find a solicitude to obtain information, in relation to it, is rapidly increas- ing. Many distinguished individuals, from various parts of the United States as ivell as from Europe, are almost daily calling, to examine pci- sonally, its management and the peculiarities of its construction and dis- cipline. They invariably appear highly gratified, and almost as uniform- ly solicit prison reports or pamphlets, from which they can learn, at leisure and in detail, the whole concerns of an institution which strikes them so favorably on a general examination. It has been a subject of regret, that the desired information could not be given in the form requested. Much of it was only to be found scattered through the journals, of the Legislature, and much, in regard to police and discipline, existed only in practice, and had never been reduced to writing. Such indeed must always be more or less the case, as experience may, or may not suggest improvements : and also, because all the minutia: of proceedings would he too voluminous These considerations seemed to require, that the main principles and practice of this institution should be presented in a pamphlet form, suit- able for general circulation. Besides, such a compilation had become important as a manual for the use of our own prison officers, and espe- cially those who might be newly appointed. In addition to this, the Agent received a letter from Governor Clinton in. behalf of one of the states, requesting a full accouut of this institu- tion, About the same time, Messrs. King & Wharton of Philadelphia, and judge Shaler of Pittsburgh, Commissioners appointed by the Le- gislature of Pennsylvania, to revise the crimininal code of that state, made a visit to this prison, and not being able, during that visit ,to col- lect all the facts they desired, sent, after their return home, a series of ftiterrogatories^to the Agent, of similar import, but more extensive than those of Governor Clinton. Previously to this, an official letter was Seccivcd from Ohio, containing the following questions. 1st An epitome of the law regulating the institution. 2d. Its organization as to officers &. guards. /fit .'id, The prison discipline. * 4th Clothing and diet. oth The kind of labour performed. 6th. The finances, and whether it is a loss or gain to the state. 7th. How many convicts have you and what is the average number received and discharged annually. 8th. The expenses charged against the institution, and whether the costs of prosecuting convicts are charged to the respective Counties, or paid by the institution. From these questions and those contained in the other two letters which follow, at length, the labour as well us importance of answering them may be readily perceived. With all these circumstances in view, the Agent has ventured upon the task of employing such portions of time, as could be spared from the discharge of his ardous official duties, in preparing the following P take off their clothes and go to bed upon their canvass hammocks, with sufficient blankets—but when well, are not permitted to lie down before the bell rings, nor to get up again, but from necessity, till the hell rings in tho morning. The area around the cells, the Keeper’s pall and the Agent’s dwelling are kept well lighted, by lamps, through the night. -After the convicts are rung down, at night, all the locks arc iriett by tire Turnkeys cm duty-U 4 o'clock m tiic morning, the principal cook is let oat from ln£ f.ell, builds liras in the kitchen ami commences preparations for break- fast. He can now be watched through a grate, lately made in the door between the wash room and north wing,by the Turnkey there, and re- quired by the ringing a small bell, suspended to a wire in the kitchen and extending into the north wing, whenever out of sight,to show him- self. The several Turnkeys, who have no companies of convicts* tt> lock and unlock, place themselves while that is doing, in the angles and different places about the wing, to aid in observing and prevent- ing any talk or irregularity among the convicts as they march along the galleries, and are some of them more or less, occasionally, Out of the view of the’officer who locks and unlocks thorn. The key of the key-room is always, day and night, in the hands of some one, in the Keeper's Hall, who is on duty. Convicts are shaved once a week in t.hcir shops by convict barbers, on Friday or Saturday, and their hair kept short- They are also compelled to wash their feet often, and in the warm season, frequently to bathe in one of the reservoirs of water in the yard. A duty roster of the officers and guard is kept hanging in the Keep- er's hall and kept by the officer on duty there, showing the order and time of their performing night, hall and Sunday duty. There is a hall waiter stationed in the wash room, and called by pulling a wire attached to a bell, whose business it is, to sweep and clean the offices, make fires, carry messages, &.c. &c. A convict’s word is never taken even against another convict, and much less against an officer. SUNDAY REGULATIONS. On Sunday morning, the officers and guard are all present, and the Prison is Opened at the same time, and in the same manner #as on pther days; and after emptying and rinsing their night tubs, march back to their cells and their doors latched, when a convict is let out from each gallery to distribute the clean shirts through the door grates, which have been put up in as many bundles as there arc galleries of Convicts, and with a Turnkey going always by his side. The Sunday scholars are taken from their respective cells, with their Bibles, Spelling-books, tubs and blankets, and are placed in cells in a vacant gallery, under the charge of a Turnkey, for the convenience,'©? taking them to and returning from the school-room, in the opposite wing of the Prison. The names of those reported sick, on Sunday morning, are put on paper by the Turnkey and hung on a wire by the door, which the Physician takes, and visits them at their cells. Turnkeys must see that the convicts'are provided with Bibles, combs and glasses to read, when necessary, and the Scholars with Spelling- books. SUNDAY BREAKFAST. The officers remain until the bell rings for breakfast, when the con- victs are let out and marched through the wash room and kitchen to themess room: and when they return from breakfast through theit wash-room, take their cans of fresh' drinking water, winch have beeu filled and placed there by the cooks. The convicts are then locked up in the usual manner, the keys re- turned to the key-room, and the officers disperse, except two Turn- keys, who both watch the ceils and Hospital through the day, (after {saving been relieved by two others an hour for breakfast,) in the same, manner as is done by one at a time, at night, except that they allow no well convicts to lie down till the bell rings at evening. One guard also remains all day in the Keeper’s Hall, to tend the front gate and inner doors, he having also been relieved for breakfast, but neither he nor the Turnkeys on duty, are relieved, to cat again, un- til night. SUNDAY MORNING SCHOOL. At half past eight, the Turnkey, whose turn it is, returns, unlocks and takes the scholars to the school-room, where they are instructed by 8 or 10 young gentlemen from the Theological Seminary, and one or two others, who generously volunteer their services. They are also superintended by the Turnkey, and remain in school until divine ser- vice. The resident Chaplain has the general superintendence of the Sabbath School, which is also visited by the Agent and Deputy Keeper. DIVINE SERVICE. At precisely 10 o’clock, the officers and guard are all assembled again, and then all the convicts are unlocked, in the usual way, and marched through the wash-room, leaving their water-cans again, and proceed on, in usual silence and order, into the south wing and upper west story, prepared for a Chapel, with narrow seats with backs, so that they sit comfortably, facing the minister, without looking in each others’ faces. A sermon is delivered, and usuaf>-Divine’ service per- Ibrmed, except singing. Small platforms are erected at the sides and ends of the Chapel, where the Turnkeys sit, so elevated, as perfectly to overlook every convict. The guard remain outside of the Prison, and the Turnkey, who oversees the kitchen, remains there with the cooks, to prepare and di- vide their rations of meat, bread and vegetables, which are to supply them until next morning. This is put in their musli-kids, their water- cans filled again with fresh water, and all arranged as usual in the wash-room. When Divine service has closed, and the Chaplain retired, the Company, which came in last, at the word of their Keeper, rise and march out, and thsfcither Keepers with their men following in the same manner, and, as they pass again through the wash-room, take their kids of ratious and cans of water to their cells, are locked up, and the Turnkeys and guard, (except those on duty,) disperse for the remainder of the day. If any convict has used or spilt his can of water, and needs more, be is supplied by the Turnkeys on dutv, through the door grate, by *h0 tlid Of a. tunnel, c:10 SUNDAY AFTERNOON SCHOOL. At half past three o’clock, the Turnkey, on that duty, unlocks afid takes the scholars again to the school-room, where they remain, as be- fore, from two, to two and a half hours, and are then locked up for the night. These scholars, after emptying their tubs on Monday morning, put them in their proper places, with others of their several Companies, with whom they are again locked up at night in the usual way. OF TURNKEYS’ REtiEFS. There are only 17 Turnkeys at present, who are allowed one hour for breakfast and one for dinner; and as ten, at least, are indispensably necessary at all Prison hours, they can only be relieved by eating at different times of the day. For instance, some dine at 11, some at 12 and others at one o’clock. During the hours of relief, two Turnkeys must be in the two Coopers’ shops, three in the Weave-shop, two in the Shoemakers’ and Tailors’ shop, one in the Carpenters’ shop, one in the Blacksmiths’ shop, one in the kitchen and one in the north yard. Af- ter relief is over, one is added to the weavers’ shop, and one to the coopers’, one goes into the north wing to attend to that and the Hospital, one, and sometimes two to wait on visiters ; and it often happens that one or more are sick—especially the day after doing night duty. Scrubbing, white-washing, making repairs, and other jobs about the Prison, constantly require the superintendence of such Turnkeys as may not be regularly necessary in the established departments. The number of Turnkeys, is, in truth, too small, and frequently occasious difficulty in getting along. The same remarks, as to relief, will apply to the guard. VISITERS. The guard, at the front gate, admits, at the proper hours, all decent persons who request it: and if they wish to visit the Prison, are di- rected to the Clerk’s Office, where they are furnished with Tickets, at 25 cents, each person, from a Ticket Book, similar to a Bank Check Book, in the margin of which are entered the date, number and amount of Tickets. The guard, at the inner door in the Keeper’s Hall, allows no one to pass into the Prison, without the permission of the Keeper or Deputy, unless there is a Turnkey to go with him, and he has a Ticket, which the guard slips on a wire, through a hole, into a close box, which is opened every month, and the Tickets compared with the margin of the Ticket Book, to guard against lraud or mistake*. Visiters are conducted through the shops, north wing, and other departments, except that of the females and of the Hospital. They are treated politely, and all desired information cheerfully furnished them. They arc to speak to no convict, nor excite him to look up, by stopping to, gaze at him, or by signs, nor indulge in general conversation, or 'Hi> legfet degree qf levity in the hearing of convicts, nor to talk about11 particular convicts they may know, in their or others' hearing, nor, in any way, to furnish the convicts with the least intelligence. SCRUBBING, CLEANSING, WHITE-WASHING, AND AIRING THE NORTH WING, ITS GALLERIES, AND CBI.LS. The cells and galleries are thoroughly scrubbed every Saturday, in the forenoon, in warm weather, and every other week during the cold season, when one half or side of the block is scrubbed Friday fore- noon, and the other, Saturday forenoon, as it would leave too much dampness there to have the whole done at once. This operation is commenced after relief is over in the morning, and employs from twenty to thirty convicts, who require from two to three Turnkeys to oversee them—to see the scrubbing well done, and to prevent any talking, as they are scattered about, and passing in and out with water. About half are employed with brooms, and also scraping irons, adapted in shape to all the corners and crevices, and the rest in bringing and dashing on water, and in tiling or mopping the cells and galleries as dry as possible, as fast as they are scrubbed; commencing with the upper tier of cells and galleries, and thence de- scending to the ground brick floor, which is also washed, and tho water swept off clean into the drain. In cool weather, the fires arc also kept up through the day, to prevent the wing and cells’ being damp at night. When the convicts leave the wing in the morning, the door, between it and the wash-room, is locked, to prevent any convicts from going in there from or to the Hospital without a Turnkey with them. From one to two convicts are employed, through the day, in sweeping ail the cells, galleries and stairs, trimming the lamps, raising and shutting the windows, and keeping the cell doors open, to have the whole well aired. The north wing Turnkey examines the cells, hammocks, blankets, bibles, and spelling-books, and if any wilful injury is done to them by the convicts, or any weapon, tools, or the like, are found, he puts down the number of the cell and offence committed, and reports tho same for punishment. If any bedbugs or fleas are discovered, the most effectual means are taken, at once to eradicate them; and ho sees that the blankets are sent out to be washed as often as necessary, and that the sweepers do their duty. lie often goes into the Hospital, which is left unlocked during the day, to see that all is right, and at- tends also to repairing hammocks, locks, &c. Great care is observed in white-washing, for cleanliness and the preservation of health. The whole block, in the wing, and the walls of the whole area around it, are copiously white-washed from three to four times in the warm season, and the inside of the cells much ok toner. HOSPITAL. Still greater care is taken by scrubbing, white-washing, and wash- ing clothes and bedding, to keep this department perfectly clean and Veil aired.I -1 i’wo tru3ty and active convicts arc selected, one as a cook in the Hospital kitchen, and to assist the other, who is a steward or nurse, and has(the particular charge of the sick, and attends strictly to all the directions of the Physician, and shaves the sick convicts. t When necessary, other convicts are sent in, to watch with the sick at night. A report of the names of all the convicts retained in the Hospital, is every day sent to the Keeper’s Hall, that when Turnkeys find any cells vacant, as they loci, up at night, they may know if any of them are in the Hospital; and the north wing Turnkey, who locks the Hospital, a few minutes before the Prison closes, must see that all are in who belong there. ■ The Physician directs what provisions are necessary for the Hospi- 'tal; and the north wing and Hospital Turnkey must also see that the Keeper is informed, that he may provide them. These are obtained by purchase from day to day, but usually at steady places, where the best terms anil articles can be had. All these provisions are weighed and examined at the Keeper’s Hall; and if of good quality, arc en- tered, with the name of the person furnishing them, in a book pre- pared for the purpose, and then are sent to the Hospital. The key of the Hospital is kept, with others, in the key-room : the key of the medicine room is usually kept in the Deputy Keeper’s desk, and the key of the liquor chest, by the Physician. The sick are allowed all the articles of comfort, which would be proper to allow the sick in any circumstances in life. When a convict dies, his body is kept 24 hours ; and, if not claimed by any relative, the law of the State requires that it should be de- livered to the agent of the College of Physicians, at Fairfield, for dis- section. Such agent is, usually, the Prison Physician. NORTH YARD. In this yard are the stable and fire engine house, under the guard- house, (which last overlooks the yard,) the house for receiving ashes and making soap, and the coal-house, attached to the back of the Blacksmiths’ shop. Here are received, sawed, split and piled up, the wood for the Prison, all the lumber, materials for, and ware from the shops, and rations for the convicts; and, of necessity,1 is the great thoroughfare of the Prison. The Turnkey, placed there, must be active and vigilant, keep an account, in a book, of wood, hay, ashes, lumber, or other materials brought for the State, watch closely citizens who come in with teams, &c. and prevent their talking with convicts, or privately giving them liquor, tobacco, or other articles. No teams go into the interior yard; but the Turnkey sends by the convicts, all the materials to the shops, rations to the k itchen, and wood for the Prison. Convicts, employed in this yard, are such as have no trades, and are most unfit to iabor. Rubbish, from the shops, and offals, from the kitchen, are brought to this yard, and burnt, or loaded ir. the State cart by the convicts, and driven outside bv one of the guard. fOne convict is constantly engaged in making soap; and it is anc- tlier's business, among other things, to take care of the horse anil harness him. Some one of the guard constantly keeps the key, and tends the en- trance gate to this yard; but does not open it when convicts are neas» which he discerns through a hole in the gate, and must admit none brut, contractors, or teamsters, and but one man to each team. THE GUARD. There are eight of the guard, including the Serjeant who commands them, who are all required, during Prison hours, to be in tho guard- house, except those on duty, and to aid in watching in the nortli yard. Besides the duty performed by them, as before mentioned, one must be constantly walking as a sentinel on the south wall, by the cooper’s lumber yard and lumber kiln, considered as an exposed point, and to overlook the convicts in that yard, when no Turnkey is there, and is relieved every hour. They also go to the stores in the village and other places, on er- rands, and with the Prison horse and cart, go after Hospital stores, shop materials, and whatever else may be necessary, and must always keep their arms in order. They are to allow no citizen to go on the wall or into the guard-house without special permission. KITCHEN AND WASH-ROOM DEPARTMENTS. There are about twelve convicts employed in the kitchen and wash- room, one third of them at washing convicts clothes and bedding. The various kitchen employments of setting and cleaning tables, washing dishes and other articles, (more than 5000 daily,) baking, cooking, cutting and dividing rations, are allotted to particular con- victs by the Turnkey, and superintended by him in the most regular and systematic manner, and very special care is observed in keeping the mess room and kitchen as clean as possible, and having them fre- quently white-washed. The rations consist 14 oz. of beef or 10 oz. of pork, 10 oz. of wheat flour (ground without bolting,) 10 oz. of indian meal and one half gill of molasses per man, and 2 1-2 bushels of potatoes, or 5-8 bushels of beans, 4 qts. salt, 1-2 oz. of pepper and a sufficient quantity of rye for coffee in the morning, sweetened with molasses, to every hundred ra- tions. This is all weighed or measured by the Turnkey of this depart- ment, and he is responsible and liable to censure or removal if he re- ceives any provisions not good and wholesome. Great pains are taken by him in varying and managing their food to the best advantage, and especially, in making bean and meal soups from the meat liquor. From eight to ten Turnkeys are always present at breakfast and din- ner, and lest their attention may possibly be diverted from a strict watch of the convicts, while eating, the Turnkeys are allowed to have no con- versation with each other while in the mess-room. The same rule ia observed, asj far as practicable, at all times and places, while ftw*It Turnkeys axe on duty, and for the same reasons, while on duty, they are never allowed to read any book or newspaper. SOME PARTICULAR REGULATIONS. There are, in the corners of the shops, one or more small necessaries, prepared with suitable tubs, which are taken by a convict, selected for that business, emptied into a vault and cleansed, so often as not to be- come in the least offensive. But one convict enters the necessary at a time, and he must take with him a stick, which, at other times, hangs in a conspicuous place, that it can be known by looking there, whether any one is in the necessary. There is the same regulation in the north yard, and also a necessary outside, for those in the kitchen and wash-room, and under the same management. The large vault is kept locked, except in the morning, and the key hung up at the door of the cooper’s shop, near by, and one only can take it at a time to empty tubs, soas to prevent conversation, unseen, in the vault. CARRYING WATER TO DRINK TO THE SHOPS. A convict is selected for this purpose, who carries water in pails, from the Pent-stock, in the wash-rooin, and places them on benches at the doors of the shops, which are taken in by the shop-waiters, and when the empty pails are again set on the benches, the water-carrier re-fills and returns them as before. This is to prevent any intercourse that might take place by all the shop-waiters passing to or meeting at the pent-stock. No convict can leave his work or go out of the shop a moment, unless he is sent by a Keeper. OTHER SHOP REGULATIONS. There must be at least one Turnkey in each mechanic department, who is master of the business pursued in it, who instructs new convicts, and sees that the old make first rate work. He also sometimes places a faithful and experienced convict by the side of a raw hand, to show him, and places them where he can keep his eye on them, to prevent communication, except barely what is necessary for instruction; and though the convicts may thus occasionally exchange a word they ought not, yet can carry on no connected discourse ; the instruction being chiefly given by showing, and that under the jealous and watchful eye of the Keeper. This Turnkey has the superintendance of all the work in the shop, but has no more power than the other Turkneys, not mechHnicks, who assist in governing the shops. He keeps a list of all the convicts in his shop, on his desk, puts down opposite the name of each, the kind and amount of work done by him, and requires him to do all that he can reasonably perform, according to his ability, without stint work. But the Turnkey will soon discover what the convict ought to perform, and will compel him to do it; and when well, he is not suffered to be idle a single moment, or have any partic*- ular favor or allowance for any thing that misht be called over-work.This Turnkey examines and directs the management oi ah raw ma- terials, and prevents their waste, critically inspects all the work, and ' Sends it to the proper places of deposit, with a bill thereof, for thd con* tractors, every day ; and also keeps account of all articles, with the pri- ces, and enters them in a book, which are afterwards posted by the Clerk into the regular Prison Books of the Agent in the office. In all the shops, the convicts are arranged, as far as possible, in such a way as not to face each other, and have their work entirely sep- arate. There are convicts selected for each shop as waiters or tenders, to distribute materials, remove rubbish, hand about or grind tools, take out ware, sweep the shops, hand drink, &.c. under the eye and direc- tion of the Turnkeys, chiefly by signs, so that the laborers need not leave their work. In this way, a shop and business of an hundred men are so managed, that hours together will frequently pass, without a word being spoken. The shops are often scrubbed, and occasionally white-tvashed. There is more or less work done, in each shop, for the State, and fatv hands are generally first taught on this work, before they begin for contractors, but not so much in the coopers’ shop, where there are many hands, and but little State’s work done. FEMALE DAPARTMENT. The females are all put together in the attic story of the south wing, frdm which there is a passage, by unlocking doors, to a back stair- way at one end of the Chapel, where they can sit behind wooden grates, during divine service, without being observed by the male con- victs, and on no other occasion do they ever leave their room. The other passage to their room is guarded by two doors, having different patent locks, the keys of which, when not in use, are kept locked in the Deputy Keeper’s desk. The Turnkey of the kitchen department has the charge of this also, and weighs and measures out their rations, whi"h they cook themselvesi They are employed mainly in picking wool, knitting and spooling, although to very little advantage, as no means of coercion can well be adopted nor any restraint upon conversation with each other, they be- ing left alone, except once a day, when the said Turnkey goes with his kitchen convicts, and takes their rations and other supplies, and orders out the work they may have done, and other things that become daily requisite. They are visited by the Physician, when sick, and Sometimes by the Chaplain, with the Keeper, or Deputy, and not by any other persons. DISCHARGING CONVICTS. When a member of the board of Inspectors, the present Agent banded (o thj Deputy Keeper, he having a more general intercourse with convicts than any other officer, a series of interrogatories to be put to convicts, entitled to the most confidence, with a view to learn their earlv historv, habit?, and course of life, and thereby ccllect factawmich might be oi service in discovering the causes and tracing the progress of crime; but that officer found so little time, and so few fa- vorable opportunities tp talk with those, in whose veracity any confi- dence could be placed, while confined, and tempted by the influence of hope or fear, to give untrue statements, that the measure was not pursued. Immediately after the appointment of the present Agent however, he adopted the following practice :—Every convict who is discharged, n’fter he is shaved, dressed in citizen’s clothes, receives his money, ytializes that he is entirely free from restraint, and his feelings and af- fections warmed by the joys of freedom, he is asked into the Agent’s Office, where the Agent, or Chaplain, or both, enter into free and friendly conversation with him, and endeavor, by a desultory course of enquiry, to search into his former history, how he was bred up, what means of literary, moral, or religious instruction he has enjoyed ; what early temptations to crime, by being exposed to bad company or other- wise, he has encountered; his general habits, predominant passion:- , and prevailing vices. This course has been strictly and carefully pursued with about seven- ty convicts, since this practice was adopted, and it is believed, with entire confidence, that after m «k ng all due allowances, a body of facts can be thus collected, which m ly be interesting to the philanthropist and statesman, and valuable to the publick. So far our examinations powerfully confirm the belief, that ignorance and intemperance are the t•, The last convict discharged, did not know the namP3 of two con- victs who had worked each side of him for three months, inarched and eat by him, and lodged in adjoining cells. They generally agree that they are as kindly treated, as their circumstances, as convicts, admit, and feel grateful to their particular officers, to whom they of- ten wish to express their thanks-, personally, before leaving the Prison. Neither the Chaplain nor Agent neglects this interesesting occasion of affording such admonition and advice, as they are capable of giv- ing ; and the convicts generally leave, deeply affefcted in their feelings. These officers also request these individuals to write to them, after they are again settled, and from some, have received very gratifying letters. , Discharged convicts arc allowed, in no case, more than three dol- larSrJwhich is often entirely insufficient to enable them to reach their friends without embarrassment. tinUGIOTTS IXSTIUTCTldlw. • To supply the convicts with regular religious instruction, on the Sab- bath, $200 per annum is allowed by the Legislature. This sum is divi- ded, by the board of Inspectors, between three Clergymen of differentde- nominations, whose duty it is toofficiate in the Chapel, alternately, on the Sabbath. The duties devolving on them, have been regularly and faithfully performed ; and no doubt is entertained, that effects, salu- tary to the convicts and to the institution, have resulted from moral and religious instruction thus given. Still it is believed, that the above*1 provision for the moral and religious instruction and improvement ot the convicts, is far short of what it ought to be. One object in the confinement of convicts is, to secure society from their depredations: and, so long as this confinement continues, this object is, of course, secured. But it is well known that a very great proportion of these men are confined for a limited time. Another, and grand object, then, is, to make their confinement, as far. as possible, the means of their reformation ; that, when retsored to their liberty, they may prove honest, industrious, and. wholesome, members of society. Whatever,, then, will contribute to thi? object, chou!d be most industriously sought for and appliedPublic instruction, on the Sabbath, is, doubtless, one meins, wlucil should be steadily used: still, the course which has heretofore been pursued, is manifestly attended with its objections. The clergymen who have officiated at the Prison, have, mostly, had the charge of other congregations. Every third Sabbath, they preach a sermon to the convicts in the Prison ; then go to their own people, and are generally seen no more until their time to officiate again, calls them to the Chapel. Being thus situated, they cannot, in the nature of things, use all those offi- cial means, for the improvement and reformation of convicts, that they could, were their labors more devoted to them, personally. Besides, the convicts themselves, who rarely see these men, excepting on the Sabbath, when they are in the Desk, are but too apt to feel, that they come and preach to them as a mere matter of course, and are then gone, and feel no further solicitude about them. It is conceived there can now be no question, but that provision ought to be made for the support of aresident Chaplain, who shall have the special charge of the religious instruction of the convicts, whose duty it shall be, not only to preach to them on the Sabbath, but to improve all the opportunities afforded, by giving them religious instruction and counsel, when in their cells, and when confined by sickness in the Hospital. I n other Penitentiaries, where the convicts arc permitted, in a greater or less degree, to maintain an intercourse with each other, and where numbers are congregated at night, it is hardly to be expect- ed that any very important benefits would result from such a step.— But in this Prison, where no such intercourse is suffered, it is confi- dently .believed, that an opportunity is presented to a resident Chap- lain, to effect vastly more than can rationally be expected from the course which has hitherto, until of late, been pursued. A resident Chaplain, posessed of those qualifications by which he ought to be.jdistinguished; having a thorough knowledge of man- kind—prudent, firm, discreet and affectionate; actuated by motives of public policy and Christian benevolence;—will very readily secure the respect and confidence of a majority of the convicts. Residing with them, and visiting their solitary and cheerless abodes, they will consider him, especially the young, as their minister, their guide, their counsellor, their friend: They will be disposed to open their hearts to him, with freedom. He will learn their history—become acquainted with their view's and feelings, and will thereby be ena- bled to adapt his instructions and reproofs directly to individuals, as t.heir several circumstances may demand. Secluded as the convicts are from society, and shut out from all intercourse with each other, their minds seem to be prepared, in a peculiar manner, to receive salutary impressions; and when once made, having no connexion with their fellows, they are in a situation, very favorable, to retaining them. Thus circumstanced, a discreet, judicious loan wilt know what in* "^ructions W give, and in what manner he may best apply theft*19 It must appear obvious, that suitable instructions and reproofs, ad- ministered under such circumstances, are calculated to produce a more deep and certain effect, than when given, as they ordinarily arc, from the pulpit, in general terms, and not adapted to the particular Circumstances, feelings, and trials of those who are immediately con- cerned. There are always more or less of the convicts, who are, by sickness, confined to the hospital. Without a resident Chaplain, this class of convicts, unless by mere accident, is deprived of the privilege of reli- gious instruction. But a resident Chaplain would feel it to be his du- ty, often to visit and converse with them, to enlighten the ignorant, to administer consolation to the afflicted, to sit by the beds of the sick and the dying, and by his instructions and admonitions, to do every thing in his power to promote their best present and future interests. Though convicts, they are still accountable and immortal beings; and deprived as they arc, at such trying seasons, of the sympathies and the kind offices of their parents, their wives, and their children, they need, in a peculiar manner, some benevolent and pious friend, to instruct and to console them. Should they die, the reflection remains, that all was done that humanity and Christian charity demanded. Should they recover—such a course of treatment has a powerful tendency to soften their feelings, to affect their hearts, and improve their conduct. A resident Chaplain, should in all cases, and under all circumstan- ces, strictly conform to the rules and regulations of the Institution, es- pecially, in not furnishing convicts with forbidden intelligence, or the hopes or promises of aid, in procuring pardons, which would lead to great hypocrisy, and tend to insubordination. He should deal plainly with them, and dwell emphatically upon their deep depravity and guilt, in violating the laws of God and their country—convince them of the justice of their sentences—awaken remorse in their consciences—press home upon them their solemn obligations—make them feel, pungently, the horrors of their situation; and, by all other means, to make them realize the necessity and duty of repentance, of amendment, and of humble, and strict obedience, to all the regulations of the Prison. This course would tend powerfully to make them better convicts; and whenever restored to their liberty, better citizens. I feel it a du- ty to state, that the views of this Institution, until lately, have been unfavorable to the services of a resident Chaplain, from the belief, that they might have a bad effect upon the discipline of the Prison. In November last, the Rev. Jared Curtis was employed and sent here, as a resident Chaplain, by the Massachusetts Prison discipline society, since which, ke has continued, with ability and zeal, to dis- charge the duties before referred to; and although strong prejudices were to be encountered, his knowledge of human nature, correct views of public policy, the Penitentiary system, and Prison discipline, with a steady and uniform devotion to his duties, has not only enabled him to overcome those prejudices, but the favourable results of his la- bors, fully justify what is said above on this subject. How long that Yalnahle society will extend its patronage to this Institution, is uncer-■2(i vaiu: aod it is respectfully submitted, whether the public institutions! of this state, should not be supported, in all respects, either by the go- vernment, or our own benevolent societies, without the aid of charity Horn abroad. I am happy to observe, that the opinions of all the several Clergy- men, who now officiate in our Chapel, correspond with the genera! view* above expressed, in relation to a resident Chaplain. One of them suggested, as the only objection, that convicts, having different views of different persuasions, would not have their prepossessions gratified, so much, as by hearing those of various denominations, and hence, that preaching might not have so favorable an influence upon some of them. ■ SUNDAY SCHOOL INSTRUCTION. This subject is intimately connected with that of the preceding ar- ticle, and if possible, is one of still greater importance. In the early part of the last spring, measures were taken to ascer- tain the number of convicts who were unable to read; or who had re- ceived so little instruction, that they could read only by spelling most of the words. The number was found to be between fifty and sixty. * Besides these, there were many others, who, although they were able, in a measure, to read, were still grossly ignorant. Here was exhibited a striking proof, that ignorance i3 a fruitful source of depravity and crime. It may not be unintertesting to remark, in this place, that a- mong the whole number of convicts, in this Prison, not one is known to have been ever a member of a Sunday School. Knowing that in the common course of events, a great portion of these ignorant and degraded delinquents, would be restored to their liberty, and again mingle with society, it was considered to be a solemn duty, to do, what could consistently be done, to enlighten their minds; and by instruc- tion, if possible, to elevate their views, and to make them better men; and eventually, more enlightened and better citizens. The only practicable mode to effect this desirable object, which would accord with their situation and the sentence by which they were confined, was judged to be the establishment of a Sunday School, which was opened in the month of May. Fifty, of that class of con- victs, whose ages did not exceed 25 years, and who were the most ignorant, were selected and placed in the School. These were di- vided into a number of classes, corresponding to the number of teachers. ' * In our Report of 1822, we state that “ considerable pains have been taken to learn the state of education and intelligence among the convicts. There are about thirty, who can neither read nor write; more than three fourths can barely read and write, and not one in ten who possess any degree of intelligence acquired by reading.” In consequence of these facts, a Schoolf or Juvenile convicts was organized, and continued for some time under the instruction of an intelligent convict j but the in- convenience and evils of it were thought, by the then Agent, to overbalance 'b^ .J^enefits, and it was discontinued. iill Iri clashing them, reference was had to their previous attainment*. Some could read indifferently Well, while others were even ignorant of the alphabet. During the exercises of the School, in addition to learning the scholars to read, great pains have been taken to impress upon their minds a deep and abiding sense of moral and religious Obligation. The privilege, presented these convicts in the opening of this school, was embraced with the greatest avidity and apparent thankfulness. 'Their conduct has been uniformly good, and their industry and appli- cation unremitting; and it is very gratifying to be able to state, that their progress has exceeded the most sanguine expectat ions—nor is this all—an influence of a very salutary nature and tendency, it. is believed, has been exerted on the minds of many of the members of this school —an influence which it is hoped will be felt through the whole course of their future lives. It may not be uninteresting to mention the singular effect of this in- struction upon an active, but grossly ignorant young Indian, who, a short timetince, after asking* leave of his Keeper to speak to him, said, that “ he had been bad boy, would lie and steal, that he had learnt in Sunday school it was wicked and wanted to go before the Agent, con- fess and promise he would never disobey God any more.” When these scholars have obtained a knowledge of reading, writing and arithme- tick, sufficient to enable them to understand, if not to transact the or- dinary business of life, it is intended to take another class of convipts, still older, and give them such instruction, as shall be found practi- cable. But the means of improvement and reformation can, certainly, be applied to the juvenile class of convicts, with the best hopes of success. DUTIES OF THE AGENT AND KEEPER, DEPUTY KEEPER, PHYSICIAN, CLERK AND ASSISTANT KEEPERS. DUTY OP ASSISTANT KEEPERS. These officers are styled Assistant Keepers in the law directing their appointment, but they are sometimes called Turnkeys—an ap- pellation, however, that has little application to the nature and im- portance of their various services, as Assistant Keepers. They have the same authority and control over convicts, while un- der their charge, in compelling obedience to orders and regulations, that can be exercised by the Deputy or principal Keeper. The arduous duties of the Assistant Keepers, have appeared so fully in stating the Prison rules and regulations, that., ro further re- capitulation ran be necessarv. 1■ Uy OtTY or THE CLERIi. The Clerk must be iu his Office, at the Prison, from the time rfi' opening, until closing it, except an hour, each, for breakfast and dinner, and generally to perform all such writing as the Inspectors and Agent may require. He makes out visiting Tickets, and receives the money from visi- tors, and accounts, every night, to the Agent for the same, and such other monies as he has received, during the day. It is also his duty (as well as the Agent s) to see that the accounts are properly kept, in the different shops, for labor done by the con- victs, and at the close of each month, or oftener, if required by the Agent, to copy them into the regular Office Books, which must, at all times, be posted and ready for examination. He must examine and copy into the Books, the items of all bills of articles purchased by the Agent for the Prison. At the end of each month, he must examine, arrange and number the vouchers for that month, make, out two abstracts of the same, one for the Comptroller and one for the Office, and after the vouchers are audited by the Comptroller, enter the same, in detail, in the Books, so that, from year to year, all the items of expenditure may appear. lie copies pardons, and should be present to make entries and ne- cessary papers whenever convicts are received or discharged, and keeps the Books, in which are recorded their names, ages, crimes, sentences, where tried and by whom sentenced, with a description of their per- sons and places of nativity. It is his duty to make out all the writings and returns that ate neces- sary, in making the annual settlement between the Agent and the Comptroller, and also the details for the Inspectors’ annual Report to the Legislature. He records all appointments and removals from Office, and the offi- cial transactions of the Board of Inspectors, and attends, strictly, to pecuniary concerns in the absence of the Agent. He makes out a pay-roll, and, under the direction of the Agent, makes a settlement with all the Prison Officers monthly, aud also with /contractors, and others who have dealings with the Agent. JHJTY OF THE PHYSICIAN. The duties of the Physician are mentioned in remarks upon the management of the Hospital and the sick. He must attend, personally, at the Prison, at a particular hour eve* ry morning, repeat his visits through the day, and at all times when the condition of the sick requires it; and when sent for, is to come immediately to the Prison, to the exclusion of all other professional business or engagements. He ia also required, by law, to keep a register of all deceased con- victs, 6tating their names, ages, places of birth, time of death, dis- ease, and all other circumstances, which he may esteem necessary; which register shall always remain at the Prison, and bo open inspection.DUTY OF THE DEPUTY KEEPER* The Deputy Keeper, as an assistant to the Agent and Keeper, has a general and constant superintending care over all but the pecuniary affairs of the Prison, especially its police and discipline; and is reaponsi- ble to the Agent and Keeper, that his orders and all the internal rules and regulations shall be promptly and strictly observed : and, to that end, he must always be present at the opening and closing of the Prison, in the Chapel during Divine service, in the mess-room while the convicts are eating, and also at all other Prison hours, except an hour, each, for his own breakfast and dinner. He is to be constantly moving about in the interior of the Prison, visiting irregularly and without notice, the Hospital, kitchen, shops, yards, and all departments of the Prison. He sees that the Assistant Keepers arc vigilant and atten- tive to their duty, that they keep their men diligent and in order, and that none are chastised, for disobedience, with unreasonable severity. He attends to the convicts’ clothing, and is responsible that it is properly changed and in order. He receives reports, from the Assistant Keepers, of the offences of convicts, and reports the same to the Agent and Keeper, who lays them before the Inspectors at their weekly meetings. He goes frequently into the lodging department, and to the Hospital, during the eve- ning, and, occasionally, in the night, to soe that all is right, and that the Assistant Keepers and Guard, on night duty, are vigilant and faithful. He attends, personally, to discharging every convict, whether by expiration of a sentence or pardon, and sees that his clothes arc in order for that purpose. He has the more immediate direction and control of all the Assist- ant Keepers and Guard, gives them such instruction, advice and admonition as become necessary, and informs the Agent and Keeper of any neglect of duty, or impropriety of conduct— and, in his absence, the Deputy has the full powers of the Keeper. DUTIES AND TOWERS OF THE AGENT AND KEEFER. The law directs, that at the New-York Prison, there shall be oue Agent and one principal Keeper. It is made the duty of the Agent to make all contracts, purchases, and sales, and to manage all the fiscal concerns and operations of the Prison, and in which he is required to keep his Office. It is made the duty of the Keeper to superintend and direct the subordinate Keepers and Guard, in all their various duties, manage and be responsible for the police of the Prison and the safe keeping and regular employment of the convicts ; and he is required, by law, tb reside in the Prison. These officers are allowed, each, a salary of §1250. At this Prison, the law requires that the duties of both those offi- cers shall bo discharged by a single individual, who shall be dClKST.i- Agent end Keeper24 The duties of tins officer are, therefore, as various as they are complicated *and responsible ; and he is required to give security for the faithful performance of his duties, as Agent, to the amount of f. wenty-five thousand dollars. The nature and extent of his duties, will, in some measure, ap- pear, from the duties of all the subordinate Officers, for whose acW and conduct the Agent and Keeper is responsible. The general duties and powers of the Agent, as such, appear from the following section of an act of the Legislature:— “ Be it enacted, That all the contracts and dealings on account of the said institution, shall be transacted by and in the name of the Agent of the State Prison; and by that name, the present Agent and his successors in office, shall be capable, in law, of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places, and in all actions and suits, complaints, matters and causes concerning the State Prison. And by that name, the Agent for the time being, shall be-, and hereby is authorised and impowered to sue for, prosecute, re- cover and receive of and from all persons indebted to any. former Agent or Inspectors of the State Prison, or to the people of this State on account thereof, such sums of money as shall be due or be- come due, of and from any person or persons and the Agent is also authorised to refer disputes to arbitration. The same act requires, that on the application of any prisoner to the Agent, requesting him to take charge of his property, the Agent is to collect and receive and sue for, any goods, chattels or monies due or belonging to such prisoner, and to keep a correct account thereof and to pay the amount to said prisoner when released, or his legal re- presentative—and if such prisoner should not be released, and if no legal representative should demand such property, then the same shall be applied to the use of the state. The Agent is required, by law, to close his accounts, annually, on ♦he thirty-first day of October, and render them to the Comptroller of the State, on or before the first day of December following. The practice adopted and pursqed, by the present Agent, is to settle and pay all accounts, due from him to the officers and all others with whom bo has dealings, the first day of every month, and immediately there- after transmit, by mail, to the Comptroller, the vouchers for all the ex- penditures of the month preceding, with an abstract thereof, duly ex- amined and certified to be correct, by the Board of Inspectors, and sworn to, by the Agent and Clerk, as directed by law; but the Agent, does not render to the Comptroller a detailed, account of monies re- ceived by him, until the annual settlement. All the money received by the Agent, personally, he deposits in the bank, and all he pays out, is paid by checks, from a bank chcck-book, in the margin of which he 6tates the qume, amount, date and for what each check is given, be- sides takidg necessary vouchers and making entries thereof, in the proper books of the Office, the same as if no entries were made in said check-bookThese remarks apply to all monies, except such as are received from visiters, and some other trilling daily receipts, which, from necessity and convenience, the Clerk receives, pays out and accounts therefor, to the Agent daily, as mentioned in speaking of his duties. By a late law, the Agent is directed, on or before the first Tuesday of February, in each year, to make a report to the Secretary of State, of the names of convicts, pardoned or discharged, the preceding year, the crimes for which they are convicted, the terms of time for which they are severally sentenced, the counties in which they were tried, ages and descriptions of their persons, and in cases of pardons, the time unexpired of the term for which such convicts were respectively sentenced, when such pardons were granted, and the conditions, if any, upon which they were granted ; and, by the same lew, it is made the duty of the Secretary, to transmit copies thereof to all the County Clerks in the State. The law prohibits the Agent from being concerned in contracts or dealings with the Prison, for his private benefit. CONTRACTS AND CONTRACTORS. For many years after the erection of the New-York State Prison, the Agent purchased all raw materials, ha‘d them manufactured and sold from a prison Store, on account of the State, and after this course had resulted in very serious losses, the Legislature wisely abolished it, and directed that no materials, beyond a very limited amount, should be purchased on account of the State, but that the Agent should make contracts for the labor, simply, of convicts with those who would fur- nish materials, and dispose of the articles manufactured, exclusively on their own account, by which means, great risks and losses are avoided, and much private capital and personal interest and enterprize are brought into action, ill promoting the active and profitable em- ployment of convicts. After the building of this Prison was so far completed, that convicts could be spared for mechanick employment, the Agent found great difficulty in engaging the prin- cipal and most responsible mCchanicks, in the vicinity, to enter into contracts. They were afraid to trust their materials in the hands of convicts, and to encounter the ptiblick prejudice against Prison man- ufactures, and were extremely doubtful of success and apprehensive of danger and'loss. Hence n was not in the power of the Agent, to make so favorable contracts, as may perhaps be made, when the existing contracts have expired, and they shall have been found profitable to the contractors. Several of the first contracts were lately changed, as ap- pears by the following schedules, the time was extended with some small alterations favorable to to the contractors, and, as ah equivalent therefor, more specific provisions were introduced and more certain and prompt payments required. Contractors are allowed, at all times, to visit those shops, where the Convicts are employed by them, but never to speak to convicts, or give them any directions whatever. They must give all their instruction and directions to the machanick Turnkeys in the shops, who have the E26 particular charge of their business. Any other course would lead to favoritism and confusion, and lessen the authority of the Turnkeys over the convicts. In the Carpenter’s anu Blacksmith's shops, there is, from necessity, some exception to the above rule. In the Carpenters’ shop, a contractor employs about ten hands in making Carpenters’ and Joiners’ tools; and the officer there, not be- ing acquainted with that particular branch of business, the contractor is allowed to oversee his work and give necessary directions, there be- ing an officer in the shop; but the contractor is never allowed to chastise Convicts. The same remarks apply to the contractor for manufacturing rifles, in the Blacksmiths’ shop, for the same reasons. It will be observed that the first Coopers’ contract, with Mr. Worden, has been divided, and part of the business contracted to Asaph D. Leonard, who makes all the fine or painted ware. Schedule, or abstract of the contracts first made, and also THOSE THAT HAVE BEEN CHANGED OR EXTENDED, WITH SOME GENE- RAL REMARKS. COOPERS’ SHOP. Allen Warden’s first contract, made 3d March, 1824, for seven years. This contract provided for the payment of Work six months after sold. A new contract was made, 8th December, 1825, for six years—payment monthly, with a credit of three months on each month’s work. The following is a contrast of prices between the two contracts .*—» OLD. NEW. Whisky, pork and pro- 20 4-5 cts. 21- vision barrels, -gain 1-5. Flour barrels, 10 2-5 „ 10—loss 2-5. Washtubs, 1st size, 43 7-10 „ 43 >> 7-10 »> 2d ,, 36 2-5 „ 36 2-5. Pails, 1st „ 20 1-2 20 J> 1-2. 2d „ 16 1-3 16 )> 1-3. Firkins, 102-5 10 • » 2-5. The above are the leading articles, and exhibit the average on the smaller. Sixty-six men employed, including waiters, shop-tenders, and ap- prentices, averaged about 15 cents per day in May and June; and the business has been since rather improving. Asaph D. Leonard’s contract for Coopers’ work, painted ware—com- menced 8th December, 1825, for six years—pay monthly, with a credit of three months on each month’s work. About thirty men employed, average about 23 cents per dar.27 tailors’ shop. Stephen Van Anden’s contract commenced the 1st of January, 1824, for ten years—pay semi-annually. Great Coats, 81 50-100—Coats, $1 00—Vests and Pantaloons, 37 1-2 cents, and other garments in proportion. The average earnings, lor four months, ending the 30th April, 182G, were 15 cents per day—about one third of the men apprentices, and the business rather improving since; but will probably be soon re- tarded by the removal of several of the oldest and best hands, who are getting out of health. This business is the most injurious to the health of the convicts, of any that is pursued in the Prison, owing, no doubt, to the position of body in which they sit, and the want of adequate exercise, with which it is difficult to supply them. shoemakers’ shop. Erastus and Jabez Pease’s first contract commenced the 25th Janu- ary, 1824, for three years—pay semi-annually. Second contract com- menced 1st December, 1825, for six years—pay monthly, with a credit of three months on each month’s work. Fine Boots, $2 (HI—fine Shoes, 62 1-2 cents—coarse Shoes, 37 1-2 cents—Second quality Boots, $1 25—coarse Boots, 75 cents—small Shoes, 25 cents—Cacks, 18 3-4 cents. There are employed fifty-eight men, who average about fifty days’ work per day, and for six months past, about 25 cents per day. The remar s in relation to the health of convicts in the Tailors’ shop, will apply, in a considerable degree, to the Shoemakers; but not to the full extent. There are many more Hospital cases, in proportion, from the Shoe- makers and Tailors than from the other convicts—though weaving is injurious to some. TOOL SHOP. T. J. Me Masters &, Co.’s contract commenced the 20th June, 1825, for five years—ten convicts employed—three at 50 cents, three at 31 1-4 cents, four at 18 3-4 cents per day—pay semi-annually. In this shop, there are (in addition to the above) three Turning Lathes, with two convicts each, hired out on a temporary contract, and there is also considerable work done, for the Prison, and some for out- door customers. weavers’ shop. Worden and Wiltse’s contract commenced 20th June, 1825, for one year—pay each three months—weaving per yard at fixed prices. Since the 2d May, 1826, Weavers Warpers, Dyers, Harn»ss-makers, and Shop-tenders, at 20 cents per day—Spoolers, Bobbin-winders, and Waiters, 10 cents per day, and one to repair looms, 50 cents per day- r . . Under the first contract, the Agent was bound to furnish and keep in repair, the looms and fixtures, and all necessary tools. By the newcontract, the eoiuractors take the shop, tools aud apparatus as the) now are, and return them as good, at the expiration of contract; ail additions to be made at their expense—pay monthly, with a credit of three months, on each month’s work. The earnings of the Shop, for the year ending the 31st October, 1825, were $3542 28. An average of sixty Weavers and fifty-nine Warpers. Spoolers, &.c. &c., allowing 300 working days in the year, exhibits 10 cents per day for each man. It is proper to remark, that the Spoolers and Bobbin-winders in this shop, (being beween thirty and forty,) are ail invalids, by reason of age, ruptures and other bodily infirmities, and that nearly all were such, when they came into Prison. This class is only employed on a temporary contract, but it is pre- sumed it may continue, unless the Agent can do better with them. blacksmiths’ shop. Hugh Me Clallen’s contract commenced the 1st February, 1826, for one year. Four convicts employed at 50 cents per day—pay monthly, with a credit of three months, on each month’s work. There are twenty-nine convicts now employed in this shop, inclu- ding apprentices. Besides those employed on the above contract, the same number are now employed, at the same price, in making chases and some other printing apparatus, by a gentleman vyfio has some con- nexion with a Company in New-York, which is under a large con- traet tosend those materials to some parts of South America. There is a prospect of very considerably extending this business. The remainder of the convicts, in this shop, are employed in maxing nail hammers, carving Knives and forks, and a few other articles for sale, and others in doing work for out-door customers, (they furnishing stock,) at the following prices:— Ironing two-horse Wagon, iron axletrees, $15 00 do. . do. wood do. S 00 do. one-horse do. iron do. 12 00 do. do. do. wood do. 6 50 Pleasure Sleigh, Ci 00 Lumber do. 2 50 Cutter do. 2 50 Carts do. 5 00 Sawmill Irons, $1 00 per cwt.—C'i: lains, 6 cerits por lb.- —Drag-teeth, 2 cents per lb.—six-inch Boat Spikes, 2 3-4 cents, five-inch 3 1-2 cents, four-irtch 4 cents, three and a half inch 4 1-2 cents per lb.— broad Axe, $3 60—narrow Axe, $1 50—Carpenters’ Adze, $1 75— Coopers’ Adze, 75 cents, board Axe, 75 cents—large Compasses, 75 cents—inside Shaves, 75 cents—drawing Knives, 75 cents—Carpen- ters’ Chissels, 37 1-2 cents—common nail Hammer, 50 cents, finished Hammer, $125—kitchen Tongs $ 125—Shovels, $100—Screw-plate?, with taps and dies to cut one inch and one quarter down, $ 12 00—smaller sizes m proportion.—Bracer for Joiners or Blacksmiths, $175—Bow Drill-stocks. 81 Oftl'hfe business, iu tms shop, has bceu considered, uutii lately, as de- serving very little encouragement; but the present agent is of opinion, that it may be made one of the most profitable branches of business pursued here, and especially after water power is brought into the Pri- son, in doing which, the Agent is now engaged. It is also proper to observe, that whatever articles are made in this Prison, are of the first rate workmanship of their kinds, The expense of tools, and also some other shop expenses, are to be deducted from the above stated earnings. RATIONS. The contracts for the supply of rations, are repuired, by law, to be advertised, sealed proposals to be received, and the lowest to be ac- cepted, provided good security be given. The quality and quantity are stated under the head of kitchen department. Nathaniel Garrow has the present contract at 5 15-4 cents a ration, making the annual expense of a convict’s provisions $20,98. CONVICTS CLOTHING AND BEDDING. All the convicts clothing, slices and blankets, arc now manufactur- ed by them, from materials purchased by the Agent, except, that cot- ton is purchased in the yarn. Their usual dress is a round-about coat, vest and trowsers, made of cotton warp and woolen filling, with the stripes ru ining round the body and limbs, a cap and socks of the same cloth, and leather shoes. Their shirts are of cotton and not coloured. They have heretofore, gei erally, had from two to three imported blankets. But the Agent, is now having them manufactured in prison, by having the wool spun into coarse yarn, on spinning jennies, wove a yard and a half wide, and after being slightly fulled, are cut two yards long, and weigh be- tween 5 aud 6 pounds. These, it is believed, will be cheaper, and certainly much better, than those imported. Their hammocks are made of imported canvass, 'stretched by cords and hung by the corners upon hooks rather loosely, or stretched tight on long and narrow wooden frames, which lie flat at night, and are turned up edgewise during the day. The latter al- low the body and limbs more freedom, but are more cold, and liable to bed bugs. Some complain that the loose hammocks give pain in the limbs and breast, but perhaps a majority would prefer them in winter. The framed hammocks are much the most expensive, of which kind there are now 388, and made principally during the present year. The stoves, in the department of solitary cells, are placed on the ground floors, and the pipes extending along the area around them, and the warm air rising, makes the cells, in the upper or 5th story, from six to eight degrees wanner, than those in the lower. No measures have been taken to ascertain, with accuracy, the an nual expenses of materials for clothing and bedding, but it cannot, va- ry much from $12 per man.The clothing worn in by convicts, after being cleansed, is carefully kept in a room for that purpose, to clothe them when they go out; but there are few whose clothes are sufficient for them when discharged, and many that are scarcely worth preserving. SOLITARY CELLS, CONFINEMENT, &.C. The south half of this'Prison was built, much upon the old plan, with halls on one side and large rooms adjoining, on the other. The attic story was thrown, into one room, and also the upper story at the west end, now used as a chapel. The wash-room, kitchen and mess-room, were made in the basement story. There were a few small rooms calculated for two convicts. In April 1819, and before the building of the other half of the Pris- on was commenced, the Legislature authorized the Inspectors ‘-to alter or change the interior plau, originally adopted, so far as to render the same more suitable for confining each prisoner in a separate cell.” In pursuance of this authority, the then Agent commenced building and nearly completed the north front, upon the new plan of solitary cells, but before finished, it was fired by some of the convicts and pretty much destroyed ; for the rebuilding of which an appropriation of §25,000 was granted by the Legislature. Such was the state of the Prison, when, in 1821, the present board of Inspectors (the present Agent beiDg a member) was appointed. This board appointed a new Agent. The following extract of our report to the Legislature, in January 1822, will show the progress of building and the description of the solitary cells. “The said act of appropriation for building, directed that the said §25,000 should be applied to the completion ofthc east part of the north wing of the said Prison, and if there should remain any surplus, it should be applied to the finishing the north rear part of the said wing. The part, first mentioned, had been, previously, partly built, and destroyed by fire; except a part of the outer walls and so much of the walls of the centre block, at the south end, as, contained about 25 cells. This east part of the north wing is 108 feet in length, by 45 in width ; and is composed of outer walls, enclosing a separate block in the centre, five stories high, leaving a space between it and the outer tvalls, on every side, of nine feet. From the top of the outer walls, there is a brick arch, sprung across the 9 feet space, to the top of the block, and the whole surface, on the bloc and arches under the roof, covered over, 29 inches deep, with pounded stone and cement, (except passages for ventilators) which forms a safe barrier against fires extending to the roof. This block is 42 feet high, and has on each side, five tiers of cells, 7 1-2 feet by 3 2-3, and 7 feet high, over each other, amounting to 165, made accessible by strong wooden galleries, of three feet width, sur- rounding and attached to the block : still leaving a space, in width, six feet, between them and the outer walls of the building, from the ground floor to the arch under the roof. The block 1“ built with stone walls on the outside. 2 2-3 feet thick-A wall ol'stone, 2 l'eet thick, in the centre, separating the cells on the east side of the block, from those on the west; and the side partitions, between the cells are of brick, one foot thick.—These cells, before the fire above mentioned, were constructed of wood at the top and bottom, so that a fire, commencing in the lower story, would meet no obstruc- tion to the roof—to avoid that danger, all the new cells are now so arched over with brick and mortar, that the oak plank, with which all are firm- ly lined, might burn out, in any one of them, with very little danger to the cells adjoining ; so that if a convict could succeed in setting fire to his own cell, he would have the prospect of self immolation only, with- out producing any other serious injury. These cells arc secured by heavy doors, of oak plank and iron, with strong grates, weighing from 80 to 40 pounds, and fastened in the safest manner. The method of carrying the water from the roof of the old part of the Prison proves injurious, as the conductors are carried down on the outside and freeze up, together with the gutters, and when a thaw comes, the water sets back through the shingles and runs down the in- side of the building. To avoid that difficulty, the new part has been made with large substantial copper gutters, with conductors from them down the inside of the outef wall of the building, into drains under- neath. The caps, at the top of the conductors, are left open, so that, the warm air in the halls, between the block and the outer walls, can escape through the passages into the eve gutters, and prevent the wa- ter in them as well as in the conductors, from freezing. The roof is also made water tight with plank, so far up from the gutters, as to throw the water over the outside, should not the above precaution prevent its freezing in the gutters, which has not yet been the case. The ground floor of the halls surrounding the block, is formed by pounded stone and cement of the watei lime, covered over with sand and flagged with hard brick. These halls are lighted by windows in the outer walls, strongly barr’d, from which, through the door grates of the cells, the convicts receive light sufficient to read. Thus completed fs that part of the building denominated in the act, "the east part of the North wing,” In addition to this, the angle of the west wing is turned, and extended west 94 feet; and built on the same plan, containing 120 cells and entirely finished, except between 30 and 40 cells which want doors and lining. The foundation of the remain- der of the block of that wing, being 148 feet in length, has been raised to the top of the basement story, making 54 ground cells. This part, when completed, including an attic story,* to correspond with the op- posite wing, will contain 290 cells, making in the whole 575 in the new part of the prison. * The attic story, instead of being made into cells, was prepared for and is now used as a Hospital,leaving 550 cells in the north front and wing. A considerable num- ber of the cells last made, were not lined With plank. These are sufficiently secure, more cleanly, but colder in winter; and the mode of ventilating them enables the convicts sometimes to hear from each others cells,a i To preserve pure air and health, in the ucw part of tiie prison, the following precautions have been adopted.—Each cell has a pipe or ventilator, of 2 1-2 inches diameter, running from near the top, on the back side of the cell, info conductors, four inches square, fixed in the middle of the centre wall of the block, which extend from the bottom up through tiio wall, and come out above the stone and mortar which covers the block and arches over the halls, so that a current of air is created, running from the warm air in the halls, through the cells and ventilators, which brings into the cells a constant succession of fresJr air, and carries off the effluvia generated in each. In addition to this, large ventilators are constructed from the top of the halls through the arch and roof, which can be opened and closed at pleasure: these however, are less used, on account of the passages into the cve-gtit- ters above described, than would otherwise be necessary.” The legislature passed an act, April 2d, 1821, directing the Inspec- tors to select a class ofconvicts. to be composed ofthe oldest and most heinous offenders, and to confine them constantly in solitary cells At this period, the legislature and public at large had become so dissatis- fied and discouraged with the existing mode and effects of penitentiary punishments, that it was generally believed, that unless a severer sys- tem was adopted, the old sanguinary criminal code must be restored.— In dread of such a result, the legislature ordered the experiment of exclusive solitude, without labor, and it is now believed, that in avoid ing one extreme, another was fallen into. In pursuance ofthis law, oh the 25th day ofDecemhcr, 1821. there were selected eighty convicts and pet into solitary cells. These convicts were kept remote from the rest, and where visitors were not allowed to go : but wheie an officer remained, day and night, ns well to guard agaiust the possibility of mischiefor accident, as to en- force a perfect silence in the cells. They were not allowed to speak, except to the chaplain and to iu- form the officer they were sick on which the Physician was sent to ex- amine them, and if necessary, they were removed to the hospital: oth- er convicts brought their food to their cell doors, under the eye of an officer, and carried away what was necessary. Great care was taken, by whitewashing and cleansing, to keep their cells and clothing pure and wholesome ; and they were prevented from lying down in ihe day time. For a considerable time, wc had the most entire confidence in the success of this experiment. In April 1822, an act was passed, directing the Inspectors to report to the Justices ofthe Supreme Court s list of all the convicts, then in solitary confinement, with their crimes, character and Conduct, and to state the duration and extent of such confinement. The same act required the said Justices to examine said report, and from their own notes ot trial and other information, to be furnis ied, to certify their opinion to the executive, as to the propriety ol, from time to time, pardoning said convicts, This act referred to the act of A pril 2d, 1821, and recited, that thepunishment of these convicts, by changing them from labor to solitude, might be unduly increased. On the first of August following, we made a report, in pursuance of said act, and also added some remarks not required by it, but as the report shows the views of the Inspectors, at that time, it may be well to copy so much of it as follows. “There is no other difference in the severity of solitary confinement, than what arises from the difference in the mental and physical pow- ers and constitutions of the subjects of it, which undoubtedly produces a considerable difference in the degrees of their suffering. All who are orderly, are subject to the same treatment and discipline. As to the “duration and extent” of their confinement in solitude, they have all been in celb since the 25th December last, except when otherwise stated. The Inspectors have recently made a personal examination of the above class of convicts, in their cells, and find that most of them seem fully to realize, that their punishment is carried to the high- est possible degree, compatible with life and health, and all were ex- tremely anxious to be permitted to labor. They are yet as healthy as the laboring class; that is, they require as little medical assistance, although they are generally more or less debilitated; and some whose constitutions cannot very long endure their present confinement without serious injury, if not ruin ; while others are perfectly sound and healthy. Without going into detail, experience thus far fully confirms the conclusion, that solitude and silence are an indispensable part of a well regulated penitentiary system, the improvement 'of which has been long and loudly called for. Its defects have been pointed out and exposed by able statesmen and distinguished writers, but they have attended much less to criminal laws than to prison regulations. ' If our criminal code was acknowledged to be greatly defective, while the old method of punishment (if it could be so called) was pursued, how much more glaring are those defects rendered, by a change of punishment. So slow is the progress' of public opinion on such sub- jects ; and so little has been done in regard to this ; and as it is one in which the interests of society, prosperity of the state, and even safe- ty of the government are deeply concerned, we cannot but indulge the hope that it will he presented to the next legislature, clothed with that importance which can only be imparted to it by judicial as well as ex- ecutive recommendation. And permit us to observe, that we very much doubt the principle or propriety of giving to the Keepers or In- spectors any other power over convicts, than to carry strictly into ef- fect, the explicit sentences of the courts who convict them ; and en- forcing the most rigid discipline. The reasons will sooner occur than we can suggest them. Allow us also to suggest, that perhaps a crimi- nal code, with something like the following outline, might be worthy of consideration. Make certain crimes, and perhaps a repetition of some others, pun- ishable with death. Certain other crimes, and the repetition of some others, which clearly indicate such a depraved heart, or malicious tem- per (for instance, attempting to poison, and aggravated cases nf burg- F‘iaiy aud rape) as to shew the offenders' so dangerous a* to be uusatu and unfit to live in society, punishable with imprisonment for life, at ltard labor. The next class of crimes, and all' state prison offences, committed by persons over a certain age, punishable with solitude, irom one to five and possibly to seven years ; the last ol which would be fre- quently, if not generally, tantamount to a sentence ibr hte.— The lowest grade of crimes, subject to state prison pu ishment, and committed by persons under a certain age, punishable with imprison- ment, at hard labor, from three to perhaps five or six years. The con- victs for life should be sept distinct front all others, in a separate yard and apartments: all intercourse effectually prevented, and lodged in Solitary eells, if practicable ; if not, in secure rooms. They could only corrupt each other, the influence of which could'never extend beyond themselves. They should be kept under rigid discipline, and com- pelled, emphatically, to endure hard iao iur. Let the solitary convicts be dealt with as they now are, except, per- haps, some improvement in adapting the quantity and nature of their food to their condition. The last or juvenile class, might be employ- ed at hard labour, under strict discipline, and should, by ail means, be lodged in solitary ceils. They should be kept in school on Sundays and such portions of other days as would not at all interfere with their labour, and be favor- ed with religious and moral instruction, admonition, advice, and reproof. Three years would be sufficient to teach them such trades as would enable them to procure a living when discharged. We are aware of many difficulties in settling the details of such a system of criminal law, which can only be overcome by great labour, experience and wis- dom; and therefore we forbear entering further, into the subject.” In our report to the legislature, in J uuiary following, it is stated that frequent examinations of the solitary convicts, since the above report was made, confirm our opinions theroi expre ssed concerning them.— This report then goes on to expose the evils of the old system of pun- ishment and the necessity of a change, as follows : “ The construction of prisons, and laxity of discipline, have former- ly afforded convicts almost every comfort congenial with their propen- sities and wishes: social intercourse and recreation ; moderate labour and good living; correspondence, and frequent interviews with friends: have been among their ordinary enjoy mints ; which not only allevia- ted their punishment, but, as has often been remarked, rendered pris- ons, seminaries of vice, by diffusing among fell the convicts, the knowl- edge aud lovo of villainy teat each possessed, and giving, to each indi- vidual, the combined adroitness, and skill of the whole. Th» course of the law, false humanity and executive mercy, have sent forth from these immense fountains of impurity, copious streams, in every direction, whose pestilential vapours have.carried a moral plague through the land. If the present mode of punishment, by clas- sification, labour and solitude, fails, then the whole system must bo given up in despair ; the hopes of the philanthropist must perish ; and scourges, the gallows, or gullotxuc must, administer to the demands of ^mguinary la,ws.35 "deep)) impressed with this truth, and earnestly desirous to avert, il* possible, a calamity fraught with such tremendous consequences, wd feel most solemnly bound to employ or.;- -List energies and skill, in giv- ing this great and humane experiment the fullest trial of which it is susceptible. This caunot be done, unless the convicts are made to en- dure great suffering, and that applied, as much as possible, to the tnind. The demands of nature must indeed be complied with; their bodies must be fed and clothed; and those who are allowed to work, not press- ed down with greater weight of labour than their constitutions will bear. But they ought to be deprived of every enjoyment arising from social or kindred feelings and affections ; of all knowledge of each oth- er, the world, and their connections with it. Force them to reflection, and let self-tormenting guilt harrow up the tortures of accusing con- science, keener than scorpion stings: until the intensity of their suf- fering subdues their stubborn spirits, and humbles them to a realizing sense of the enormity of their crimes and their obligation to reform.” During the year preceding January 1823, there was an average of ' about 220 convicts in prison. From the Physician's report of that year, to the Inspectors, it appears that the average number of sick, in the Hospital, was between seven and eight.—That there were ten deaths; seven by consumption, five of which were from among the solitary con victs. The Physician speaks of patients coming into the Hospital, from the cells, pvith difficulty of respiration, pain in the breast &c. and con- cludes his report as follows : “ It is a generally received and acknowl- edged opinion, that sedentary life, no matter in what form, disposes to debility and consequently to local disease. It may be produced in the study or the prison ; in the nursery and the college, or in any other place where muscular exertion is restrained. If we review the mental causes of disease, we shall probably find that sedentary life, in the pris- on, as it calls into aid the debilitating passions of melancholy, grief, &c. rapidly hastens the progress of pulmonary disease. From the order and cleanliness of the prison, we have no reason to conclude that any atmospheric cause reigns within its walls, calcula- ted to produce serious disease : but confinement operates upon the ex- isting germ of diseases, and hastens the progress of all those that must have otherwise terminated in death.” It is not known whether the Judges of the Supreme Court acted upon said report, made to them, or not; but the Legislature passed an act, April loth, 1823, requiring the Inspectors to make a similar re- port to the Governor, and for the same reasons alleged in the said act of April, 1822. A report was made to Governor Yates, as directed by said act; and in the summer of 1823, he visited the Prison, personally, examined the solitary convicts, and, after consulting with the Inspectors and Agent, determined to pardon them all, gradually, as their names should be sent him by the Inepectors, except some, whose sentences would soon expire, and a few others to be put to labor, and which was done accordingly. These measures were adopted for two reasons: First, that their pun- ishment was changed and increased beyond their sentence: Secondly,:ib that the health and constitutions of those surviving convicts, liad be- come alarmingly impaired. The said act, of April 15, 1823, authorised Courts, at their discre- tion, to sentence convicts for second offences, to solitary confinement riot exceeding two years. But there is not a convict now in this Prison thus sentenced. By the close of the year 182.3, the solitary convicts were, principally, released, and a majority of them by pardon; since which, exclusive solitary confinement has been discontinued, though the act requiring it is not yet repealed. During the year preceding January, 1824, there was an average of about 260 convicts, and an average number confined in the Hospital, of about 9, and there were-9 deaths. The Physician’s report states, that five of the nine, were subjects of solitary confinement, and died with consumption, accompanied with effusions of water; that a number were pardoned by reason of disease, which, by continued confinement, would have terminated in con- sumption and death; states that some cases did so terminate after they were pardoned, and that he had learned of others languishing from the effects of solitary confinement. A number of these convicts became insane, while in solitude; one, so desperate, that he sprang from liis cell, when his door was opened, and threw himself from the fourth gallery, Upon the pavement, which nearly killed him, and undoubtedly would have destroyed his life, in- stantly, had not an intervening stove-pipe broken the force of his fall. Another beat and mangled his heaa against the walls of his cell, until he destroyed one of his eyes. Nor was the effect of this constant confinement more favorable to reformation, than to bodily health. Of those who survived its shock upon their constitutions, twelve have been reconvicted and returned to this Prison, whose average confinement, in solitude, was about twenty months. It is proper to observe, that several convicts, of the solitary class, are still in Prison, who were released from solitary confinement and put to labor. One of those pardoned, committed a burglary, in this vicinity, the < very first night after being released from a long confinement, but es- caped conviction on some technical ground. Some others are known to have so conducted, as to be a terror in their neighborhoods, who have not been reconvicted of crimes, and not one instance of reformation, among that class, has been known. It is true, that in forming that class, the worst men were selected, from the best information we had of them ; bo* H that time, there were little more th^in double their number of convicts, from whom to rttr.he the selection; and it cannot be supposed, that in nefer all the cases we judged accurately. The ct nduct and health of a fcw other convicts, sentenced to solitary confinement, by Courts, have been natch iike the other class. One deserves to be men turned : Bit km Maxweil, a matt of goon talents and education, ws-: v.~nter. >d fc>, the Court, toPrison, and was afterw ards brought, with other convicts, tu this Prison, from which he was discharged, last spring, by expiration of sentence. Wlien he went out, he was feeble in health ; but of a fleshy, plethoric habit. He returned to New-York, where he was brought up, and imme- diately engaged in a course of daring villany, which he did not long pursue, be for. he was convicted and sentenced again to the New-York Prison. It is however proper to remark, that he had, twice before, been sentenced to the New-York Prison. These facts will not appear less striking, when compared with the following :— There have been received into this Prison but three, short of one. thousand convicts ; besides one hundred and thirty, brought from the New-York Prison in exchange for one hundred taken from here, to build the new Prison at Sing-Sing. Nearly four hundred have been discharged by pardon, and a little over one hundred by expiration of sentence. From among these, there have been twenty-four returned on reconvictions, besides those from the solitary class : but six of them had previously escaped from the Grand Canal, where they had been placed, with sixty-nine others, to labor, by an ill-advised act of the Legislature. None'of them, in- deed, were ever returned to Prison, except those reconvicted, and a few others, who \fere recaptured after their escape, before which, they had generally concerted extensive plans to co-operate with each other, in the business of horse-stealing, counterfeiting, and other crimes, in t he execution of which, those reconvictions and recaptures took place. This is mentioned, merely to shew the injurious effect upon reforma- tion. and to account for many of the twenty-four reconvictions above mentioned. There have been no convicts sentenced to this Prison a third time. In view' of these facts, it cannot be considered singular, that an en- tire change of opinion was wrought on the subject of exclusive solitary confinement, without labor. We now believe, that solitude, combined with labor, applied to con- victs under the rigid discipline of this Prison, is much better calcula- ted to achieve the end in view, and is, perhaps, the best possible middle ground between the two extremes of penitentiary punishment. The diversion and exercise arising from labor, which the convicts now enjoy, are certainly no more than is indispensable to mental and bodily health: and their earnings should have some consideration with the government. Taete is no doubt, that uninterrupted solitude tends tosonr the feel- ings, destroy t he a Sections, i vat den the heart, and induce men Co cultivate a spirit of revenge, or drive them to despair—although such may not al- ways be the effect upon martyrs and patriots, whose devotion to liberty, or religion, may -..ostain their bodies and 'minds m health and vigor., while suffering fo a righteous cause: Yet solitude, to a oertahr extent, is indispensable in Prison discipline. A degree of menlfel anguish 6hd , jj ndert\>ui, earn u too iar, and he will become either a savage in his temper and feelings, or he will sink in despair. With ail the privileges enjoyed by the convicts in this Prison, insan- ity is no uncommon -occurrence. There are several, now, more or less insane, who uniformly behaved well before their derangement, and who have never incurred any corporeal punishment, since their con- finement. A desire, frankly to acknowledge and fully expose a dangerous er- ror, which we believe has been fallen into, in carrying the doctrine of solitary confinement entirely too far, is the only apology for the tedi- ous length of this article. It is deemed important to add, that a ma jority of the Commissioners, who examined this and the New-York Prison, and whose report will be hereafter alluded to, were entirely against exclusive solitary confine- ment without labor, on the ground of health, expense, reformation and unnecessary severity; and they give their reasons at length, and with great force. Criminal law, Pardoning power &c. 1 have thought it might be interesting to publish a compendium of the statute criminal laws of this state, and a few pages extracted from our report to the legislature, in January 1824, on the subject; and also containing some remarks on the exercise of the pardoning power, and a recommendation to have a committee appointed to Examine botii state prisons, with a view to uniformity in prison discipline and regula- tions. A COMPEND OF STATUTE CRIMINAL LAWS. If any person on the eve of the last day of December, or on the 1st or f.Id days of January, shall discharge any gun fyc. within 1-4 of a mile of any building, and be convicted before a.Tustice, he shall forfeit 40s. and costs, one half for the poor and the other to the prosecutor.—vot. ls£, p. 49. All wilful killing by poisoning is declared toilful murder of malice, prepense, and the offenders, their aiders, &c. shall suffer death.—-p. GO, sec. 1st. If any person shall stab another, that hath not then any weapon drawn, or that hath not struck first, so as the person stabbed die with- in six months, every such killing is deemed wilful murder: with ex- ceptions of those who kill in self defence, or by misfortune.—sec. 2d. If a servant kill his master, or wife, her husband, of malice pre- pense, such killing to be murder.—sec. 3d. If any person shall feloniously attempt robbery, murder, or burglary, and the person against whom the offence was attempted to be commit- ted, shall happen to kill the offender, in resisting him, he shall be ac- quitted thereof.—see. 4th. If any person kill another, in self defence, or by misfortune, he shall be acquitted of murder.—sec. 5th. If any person kill another, in endeavoring, by lawful means, to ap- prehend felons, or in defence of husband, wife. officer, forfeit his office, p. 30, s. 5. If any person without the authority and consent of the legislature, shall in any manner, purchase lauds of the Indians, residing in this .state, or ina ,e any contract concerning the sale of the same; or shall take possession of, or settle on any such lands, by pretext of any in- terest in the same, he shall be deemed guilty of a public offence, and shall pay two hundred and fifty dollars, and further punished by fine and imprisonment, at the discretion of the coiirt. p. 153. All unauthorized lotteries, are declared public!,' nuisances; and court3 are required to charge grand juries to present such offences, and to prosecute the offenders, fendant stood where he saw it, in the door way between the rooms.— "Witness and defendant were both taking charge of the convicts in th<> rooms. There were sixty or seventy convicts in the two shops. Both had the general charge of the two shops; though fore onvenience they were stationed in different shops. The duty of both was to overlook the whole. The defendant told witness that Bement .opt his eye on witness as witness walked back and forth; and when witness’ back was turned, Bement went on with the sport, and that Bement did not. observe him (defendant) at the middle door. Witness was about l,i or 15 feet off. Shop is about one hundred feet long. The con- duct of Bement was a violation of the rules of the prison and its regu- lations. They had always been the standing rules of the prison, and the keepers had always been directed to chastise the convicts when they transgressed at work. The keepers were directed to chastise, but forbidden to do it with cruelty. In the opinion of the witness, it was necessary to preserve order and to keep them at work. It was common, when a convict confessed, not to chastise him at all. It is not done to add to their punishment, but only to keep them in order. Witness don’t know that defendant would have whipped Bement, if he had not lied. All the assistant keepers have the same power. There was no other witness sworn. The following section of an act, passed April fid, 1819, was read to the jury. “ Anil be it further enacted, That if any prisoner, in either of the Stale prisons in this state, shall refuse to comply with the rules of the insti- tution, or refuse to perform their daily task, or shall resist any of the officers of cither of the priso s in their lawful authority, or shall wil- fully destroy any of the property within the said prisons, it shall and may be lawtul, and it is hereby declared to be the duty of the respec- tive keepers, under the direction of the 'nspectors, to inflict corporeal punishment on such prisoners by whipping, not to exceed thirty-nine lashes at any one time, or to confine them in solit iry cells, on broad and water, or to put them in irons or stocks, as the Inspectors mav deem necessary in their discretion, proportionate to the degree of oik fence : Provided, when corporeal punishment be inflicted on any pri- soner, by whipping, it shall be the duty of at least two of the Inspec- tors to be present: And provided further, That no punishment, by whipping, shall be inflicted on a female.” The cause was ably argued by the Hon. Henry It. Stcrrs, in behalf of the defendant, and by John \Y. Hulbert, Esquire, in behalf of the prosecution. Substance of Judge Walworth’s Charge to the Jury.—In summing up the case to the jury, Judge Walworth commenced by remarking, that the case which they were about to decide, was of the greatest im- portance—not indeed as it related to the individual accused: but fromlift: effect which their dec!-ion might have upon one of the most im- portant institutions in this country: And he regretted that the length of time already consumed in the trial, and the lateness of the hour, must of necessity confine the Court to a few remarks only, and would not permit him to go so fully into the subject as the nature and extent of tho questions involved in this controversy actually demanded : That the questions which had been discussed before the Court and Jury, as well by the counsel for the prosecution as by the counsel on the part of the defendant, deeply affected the whole Penitentiary system: That, if the principles contended for on the part of the prosecution, were adopted to their fullest extent, there would he an end of all Pri- son discipline ; and the Penitentiary system in this country would be- come worse than useless ;—the hopes and expectations of philanthro- py must wholly fail; and we should be compelled again to resort to those sanguinary modes of punishment at which humanity shuddered, or suffer the felon to go unpunished, and um'eseainedly to trample upon tire rights of his fellow men, to the utter destruction of all social or- der. On the other hand, the absolute and unlimited power of the keepers over the convicts committed to their charge, which had been contended for by the defendant’s counsel, might in the hands of rash ami indiscreet, or had men, render the Penitentiary discipline so completely odious and revolting to the best feelings of-the community, as to induce the Legislature to abolish the whole system as still more sanguinary and cruel than even capital punishment, for which it had become a substitute. That before going more fully into this subject, it w U' i be proper to observe, it was true, as suggested by the counsel for the prosecution, that in criminal cases, the jury were judges both of law and fact, but nt)t to tho extent contended for by the counsel. That the proper and legitimate province of the jury, was to determine the facts of the case; leaving it to the court, whose special duty it was, to determine all questions of law which might arise. That in civil cases, the jury were bound by the law, a-- delivered to them by the court: and it would be a violation of their oaths, if in making up their verdict in a civil case, they went contrary to the decision of the court, on a ques- tion of law. But if they differed in opinion from the court, they might always leave the questions of law upon the record, for the decision of a higher tribunal, by finding the facts, only in the form of u special verdict. That in criminal cases, it often happened that the Ipiw was so intimately blended with the facts, that it was impossible to separate them upon the record: And that so tender were the courts of the rights of the accused, that in all such cases, the jury were at liberty to find a general verdict of acquittal; and thus to determine the lbw us well as the fact. That in such cases, the court, under its oath of office, must honestly state to the jury the law, which was applicable to the case; and they were bound to give that decision all the weight to which it was entitled, as coming from the bench. But still in fa- vor of the accused, and especially in favor of life, in capital cases, tho jnrv Irad a right to find a general verdict of acquittal, even against thoopinion of the Court, on a question of law, if they were fully convinced the decision of the Court was wrong. That if the decision of the Court Was in favor of the accused, the jury could iever be justified in finding a general verdict of guilty, contrary to the law as delivered from the bench. But even in that case, if they doubted the c rrectness of ‘ he decision of the Cou t they would be at liberty to find the facts, by a. special verdict: That the reason or this distinction was obvious If the jury erred in pronouncing a verdict of acquittal, they erred on the side of mercy : and it was better that many guilty should escape, han that one innocent man should be punished. And that the policy oi' the law would not suffer any man to be condemned, except by the concurrence, both of the Court and the jury. That if the jury gave a gen- eral verdict of guilty, under a mistaken notion of the law, and in op- position to the declared opinion of the Court, their decision could not be reviewed by a h gher tribunal; and in such a case the 1 ocent must inevitably suffer, unless the facts of the case wereso cleat v plain, as to authorize the . ourt to set aside their verAct, as being c ntrary, both to the law and th evide ce. The judge then took a general view of the peniten iary system of thisstate, aid of the necessity of rigid prison discipline, for the reforma- tion of offenders, or to restrain the commisso of crime. He observed that impr sonment in the penitentiary or State Prison, had bee.; adop- ted, in lieu of that sanguinary mode of punishment which was derived from our English ancestors; and which was still considered unavoida- ble by most civilized nations. That by the laws of this state, for ma- ny years after the revolution, all the crimes now punishable with im- prisonment lor fife, and many which are now punished only by impris- onment for a term of years, were punished with death, for the first of- fence. All other felonies above the deg. ee of petit larceny, were, on a. first conviction, to be punished by fine, imprisonment, whipping, or other corporeal punishment, a ,d with death for the seco d offence. - That the effect of this system was th *t a very great proportion of the Guilty escaped .11 punishment whatever. It was found that jurors would not convict on the ordinary evidences of guilt; or where tliey could find the slightest excuse for an acquittal That even the Judges, whose feelings revolted against the sanguinary code of laws which they were compelled to administer, cons; antly sought some excuse, from defect of form or otherwise,; to save the life of the prisoner. And under such circumstances, if the law and the evidence was soperfect- ly clear, tlmt neither Cert or jury could prevent a conviction; and when the dreadful sentence of death had been pronounc d against the guilty, it was still found that the feelings of the community would not suffer it to be executed. And there being no other mode of punish- ment devised, an executive pardon set the offender again at large, to renew his depredations upon society. That hence i was that crimes continued tmultiply : and offenders, so far from being restrained by llie terror of capital punishment, were only the more encouraged to persevere in their villanies, from the well founded belief that the na- ture of the threatened punishment was such, that there was little or no Kdanger that it ever would be executed. That such was our situation about thirty years ago, when that portion of the members of the legis- lature, who believed that society had a right to resort to any means, which were necessary to protect itself against the wickedness and de- pravity of its worthless members, but wnos judgment condemned, and whose feelings revolted against the ineffectual and bloody code of laws which then existed; united with those who doubted the right to inflict capital punishment in any case ; and adopted the penitentiary system, which had ever since been continued in this state. That a general prison for the state was then directed to be built; and those offenders who were before punishable with death, with few exceptions, were doomed to imprisonment for life : and other felonies, for the first offence, were punished by imprisonment therein for a term of years. That for a short tune after the erection of the first prison, it seemed to have the desired effect; it was confidently believed that the hopes of the friends of humanity were about to be realized ; and that capital punishments might be dispensed with in all cases short of murder. But it was soon found that this new mode of punishment had lost all its terrors : that it neither restrained the cammission of crimes, or afforded any adequate punishment for the gu lty : And that the numbers of the convicts, and the expenses of the institution, were rapidly and fearfully increasing. The vile and hardened offender there found himself surrounded by inostof the comforts and enjoyments which he possessed while at large, and that his daily task of labor, was even less than that of most of our enterprising mechanicks and farmers. And relieved from all the cares of providing for himself or his family, and supported by the hard earn- ings of the virtuous part of community ; the incorrigible felon had full leisure to concert with his companions in infamy, new schemes of mis- chief : or still further to corrupt the minds of those who wore not so completely hardened in guilt. That the expiration of sentences, and the necessity of exercising the pardoning power, to make room for new con- victs, daily turned loose upon society a gang of hardened villains, proper- ly instructed and fully qualified, to become master spirits in iniquity. And it was even ascertained that crimes were sometimes committed for the express purpose of enabling the offender to get back to the state prison, that he might there enjoy the comforts of a home and the so- ciety of his old companions in vice and infamy. That such was the penitentiary system, until a very few years since. The once ardent hopes of the friends of the system had nearly failed, and even those to whose feelings the idea of capital punishment was the most revoking, feared we should again be compelled to resort to the bloody code, when the present system of prison discipline, which had been gradually im- proving under tbc authority of the legislature, was fully adopted by the Inspectors of the Auburn state prison. His Honour remarked that confinement, with labor, merely, had no terrors for the guilty. That the labor which the human body was ca- pable of performing, without endangering its health, was but little more than many of the virtuous laboring class of community daily and vol- I’Warilv performed for the support and maintenance of their families.67 That to produce reformation in the guilty, or to restrain the vicious from the perpetration of crime, by the terrors of punishment, it was ab- solutely necessary that the convict should feel his degraded situation : should feel that he was actually doing penance for his wilful violation of the laws of his country. That he must, in his own person, be made to feel the difference which should exist between the situation of the Upright and honest freeman, who labors for his daily bread, and the vile and degraded convict, wh by fraud or robbery, has deprived that honest freeman or his family, of the hard earned rewards of his indus- try. That mistaken or misapplied sympathy for such offenders was injustice to the virtuous part of community. That the' system of dis- cipline adopted by the Inspectors of this prison, under the sanction of the laws, was well calculated to have the desired effect, of reforming the less vicious offenders, and of deterring others from the commission of crime, by the severity of punishment inflicted ; and that too, in the best possible way. A mode of punishment, where compariiively little bodily suffering is felt, and the greatest severity of the punishment is inflicted upon the culprit, thro’ the tlf&Sdium of the mind That it was however, thro’terror of bodily suffering alone, that the proper effect upon the mind of the convict could be produced : And thence the ne- cessity of a rigid enforcement of the prison discipline upon every con- vict, by the actual infliction of bodily suffering, if he would not oth- erwise submit to the rules. That it was impossible for the legislature to foresee every case which might arise, m the government of such a prison. The punish- ment was to be inflicted on men who bad alrea :y become expert in. evading the laws of society. They would soon find means to evade any general provisions enacted by the legislature, for their government while in prison. And it was for that reason, the legislature had dele- gated to a board of inspectors, in the vicinity of the prison, the pow- er of making such regulations as from time to time they might find necessary. That the ruies of the prison, 'which had been referred to by the witness, had undoubtedly been adopted by the inspectors, under that authority. That these regulations, if not repugnant to the con- stitution or laws of the state, had the binding force of a statute : and neither the court or jury, had any right to judge of their necessity, or their expediency. And the turnkey, under his oath of office, was bound to carry them into effect. But the judge observed, even the reg- ulations made by the inspectors, must be general; and much discre- tionary power must still be vested in the superintendent and the assist- ant keepers, who had the direct and immediate charge of the prison- ers. Cases must and would constantly occur, which did not come within the letter of any written law, or regulation : and where it might be necessary and proper to enforce obedience on the spot, in order to carry into effect the sentence of the law, and the general principles ot the system. But notwithstanding these powers were necessary ; and although the welfare of the state, the peace and happiness of society, and the hopes of the friends of our present mild code of criminal law, all depended upon the success of the present system of disci-j>ini0. ay adopted in the Auburn state prison, it diti not fellow that no abuses of power existed there. That the most perfect system must always be carried into effect by human agents : and wherever there were such agents, the powers entrusted to them were .liable to abuse. And that the true question in the case was, whether the defendant had gone beyond his powers, or wilfully abused the trust con tided to him as a turnKcy ot that prison. nd his honor trusted that whatever po- litical or ot ipr excitements might have existed in this county, in rela- tion to the government of this prison, either in favor of, or against its officers it would not enter into the deliberations of the jury in this case, or be found in any manner to have contaminated the sanctity of a court of justice. That in deck ing the questions submitted to the jury, it was proper for them to take int consideration, the obvious fact, that the convicts, who were placed under the government of the keep- ers, were not an ordinary set of men, and obedience to the rules of the prison, could notrea onably be expected to be enforced upon them in the same manner that obedience, to the laws is enforced upon oth- ers. That, the idea of inducing gpch men to submit to the discipline of the prison by any hopes of reward or immunity from punishment, must be abandoned, as destructive of the whole system of prison dis- cipline, as a punishment. That most of these men were desperadoes, who had refused to submit to the laws of society, and many of them were only restrained by the fear of immediate death, from taking t'no lives of their keepers. That they were there, actually and necessari- ly deprived of all their rights of freemen. That by their wilful mis- conduct and depravity, they ha-'forfeited all rights while th re, but the rights of humanity. That the safety of the lives of the officers of the prison, required that the convicts should kn w they must submit to every regulation, and to every lawful command of their keepers, as to their masters. And that they should on no account whatsoever, be permitted to treat any of their keepers with the least disrespect; es- pecially in the prese ce of ether convicts. That the welfare of soci- ety, as well as the reformation of the convicts, required that they should feel that they were in reality, the slaves of the state. That they should hold no communication of any kind with each other ; ei- ther by word or action. That they should most deeply feel the awful degradation and misery, to whies their vicious courses had reduced them, 'i hat they should feel that the ordinary sympathies of our na- tures could not be extended to them, consist ntly with the welfare of society, and that they must m t be indulged. These were the laws of the prison, to which the convict must he made to submit, and implicit- ly to obey. And this rigid system of discipline, the defendant, by his oath as keeper, was required, by all the mean> in his power, toenforco upon the convict. The Judge referred to the act of 1819, which made it the dutyofthc keepers to indict corpore d punishment on the convicts, under the di- rection of the Inspectors: provided, when corporeal punishment was inflicted on a prisoner, by whipping, it should be the duty of at least two of the Inspectors to be present He said this law was partly de-(Juratory and partiy prohibitory. That under the general provisions of a former act, which authorized the Inspectors to make regulations for the discipline of the prison, they had the right to prescribe adequate punishnie ts for the violation of their rules, either by moderate corpo- real punishment, or by increasing the rigor f confinement; or in any other way which could not endanger the life, or destroy the general health of the prisoner. This part of the act of 1819, was therefore on- ly declaratory ; but the proviso which required two Inspectors to be present when th punishment was i dieted, by whipping, and which limited the number of lashes, &,c. was prohibitory, and restricted the general power which the I' spe tors before possessed. But his Hon- or declared there was nothing in this act, or the proviso, which in any manner impaired the common law right of the keepers, to enforce o- bedience upon the spot, either by the infliction of corporeal punish- ment or otherwise. That wretched and inefficient indeed, would bo the system ofgovernme t in such prison, hich would require the keeoers, whenever their authority was resisted, to go into the village and call two of the Inspect rs, before o edience to their lawful com- mands could be enforced. That the advocates for such a doctrine, had confounded the right to inflict a salutary punishment, for past offen- ces, with the right of enforcing obedience to the prison regulations, up- on the spot. That in the one case, the nature and extent of the punish- ment, depended on positive regulations. In the other case, it was a power incidental to the right to command obedience, and was founded on the law of n cessity. That if a convict refused to leave his cell to go about his daily task, or to obey any other lawful order of his keepers; they would be bound to enforce obedience, if practicable, either by tho infliction of stripes, or otherwise, until the co vict was thus compelled to submit to what was required of him. And still the Inspectors might afterwards direct the offender to be whipped for his misconduct on that occasion. That, in this latter case, two of the Inspectors were required to be present; but not in the first. If a band of soldiers in war should re- fuse to obey a lawful command of their officer, he might compel obe- dience either by stripes or otherwise, inflicted on the spot And still these soldiers might be afterwards tried and punished for their mutiny ; but no part of that punishment could he by whipping, which is forbid- den by '.he articles of war. That, in the management of this prison, to carry into effect the sentence of the law, and the intentions of the Legislature, it was neces- sary that perfect obedience and submission to the rules of the prison and the orders of the officers should be enforced : and if the defendant had done nothing more than was necessary for that purpose, he was not guilty of any offence ; and it would be the duty of the jury to acquit him. That, on the contrary, if they were satisfied, from the evidence, that he had been guilty of cruelty and oppression towards this convict, which was unnecessary and unjustifiable under all tho circumstances of the case, it would then he their duty to find a verdict against him.PROFITS OF THE PRISON—CHARACTER AND PAY OF ITS SUBORDINATE OFFICERS. On these subjects, I shall offer little else than the following extracts from the report of the Isisp ctors to the Legislature in January, 1825. The Agent and Keeper’s salary is $1,000 a year, of the fitness of which it does not become him to speak The pay of the Serjeant of the Guard is $25 a month, and of the other Guard 818 only—a sum which the Agent considers too low for the services of the men now employed, or for any li t, ought to be employed in so important du- ties. The Physician is allowed $500 per annum. The expense of transporting convicts is paid by the Agent of the Prison, and will amount to about $1)000 annually.—Sheriff's are allowed 25 cents per mile for one convict, five cents each for any additional number, and 75 cents each per day for expenses. If this prison can ever be made to support itself, it is extremely doubtful whether it can be done before the expiration of the present contracts. Extracts from said Report.—“It has been supposed, by some intel- ligent and patriotic individuals, who have taken great interest in the subject, that this prison might, he made to relieve the state from all ex- pense in relation to it. Calculations and estimates can easily be .made on paper, that would seem to sustain such an opinion ; but, from ex- perience of the past and in view of the future, we are fully convinced, that while this prison is made to answer the end of its institution, iji the administration of criminal justice, as a place of punishment, sucii calculations can never be realized: at all events, not until more fa- vorable facilities arc afforded for the employment of convicts. Among state convicts, a large portion are invalids; some by reason of age and infirmities, others by diseases of an incurable character— the fruits of dissolute habits: That a portion of the most healthy and vigorous, are subjected to more than the ordinary diseases of life- —that none but mechanics can be employed to any advantage—that much time is lost before the convicts can be made proficients in their several trades, especially those advanced in life, with fixed notions and habits, and feeling a strong repugnance to the idea of being made to earn their subsistence. The practice of pardoning, with the new sentences and the expira- tion of the old, occasions a continued changing of profitable mechan- ics, for raw, ignorant hands. This is a source of very serious embarrass- ment in making the labor of convicts profitable. There are also num- bers necessarily employed in the kitchen and washing departments, in cleansine the cells, waiting on the hospital, &c. &c. besides those em- ployed in making, clothing, shoes, and ail other articles for the use of convicts. It is proper also to remark, th t, among .the convicts n ot in this prison, there arc an unusual number of old enfeebled men and invalids. $ + A large majority of those sent from the New Fork Prison to this, are feeble and disabled men, and on Ion? sentences. It is also worthy of remark, thatNotwithstanding, that, from the prospects of. this prison, it will re- quire the continued aid and support of the government, yet we solicit the attention of the Legislature to some suggestions in relation to the amount of wages now paid to the subordinate officers of this prison. The Deputy weeper, and the Clerk, are allowed bv law $450 each, and the other Keepers $350. These are all, important offices, and should be filled by men of peculiar qalifications—combining talents, an intimate knowledge of human nature, great energy and decision of character, with equal humanity and discretion. Can it be supposed that men, possessing such essential requisites, can be induced, by so small a compensation, to forego the ordinary comforts of life, take up their abode with felons, and put their lives at hazard ? The success that’ as attended the appointments we have made to those places, has resulted from the pecuniary embarrassments of un- fortunate men, thrown out of employment and t. immediate means of support, who for mere temporary purposes, have ae. pted appointments until they could employ their taients with greater advantage and com- fort. These causes produce frequent changes, which are detrimental to the interests and safety of the institution. Without enlarging upon this subject, we cannot but urge with great earnestness, that a law may be passed authorising an addition of at .least $50 to the pay of each of the Turnkeys or Assistant Keepers, and of $150 to those of Deputy Keeper and Clerk. The Deputy Keeper holds an office of responsibility and importance: On him, more particularly, fails the interior police of the prison. Ho has the constant direction and control of all the under keepers, and the immediate superintendence and discipline of the prison, t The office of < fork, in so extensive an establishment, embracing a great variety of complicated concerns, is also one of great moment: and the sum proposed we consider as the least that will command tho requisite talents, skill and integrity.” It is a common reman, by those who arc acquainted with the sub- ject, that they never knew so much hard service performed by men for so poor a compensation as by the subordinate officers of this prison. And in justice to those officers the \gent cannot refrain from bear- ing public testimony to their zeal, humanity, ability and discretion.— They are moral, upright and exemplary men; and it affords peculiar- pleasure to state, that the Agent, since his appointment, has never heard any profane language from a single officer or guard. The grant of land for the prison, contained also a grant of one half the water privilege of the Owasco creek adjoining, which privilege they are guilty of more disobedience, and incur more punishment than all the other convicts.—They brought with them the art of communicating with each other by means of an alphabet composed of the varied motions of the lingers. $ §150 was added to the Salary of the Deputy Keeper, but nothing to the other olane*72 was used as a strong argument to the Legislature in favor of locating the prison at this place. ' hen the first art of the prison was built, a dam was thrown across the stream, and machinery erected to drive a forcing pump to supply the prison with water. Afterwards, the Legislature provided for supplying better water from a neighboring spring, and the use of the forcing pump was discontinued ; eincc which, no benefit has been derived to the prison from water power. With the advice of the Inspectors, the Agent has determined to bring water power into the prison, which will be accomplished in the course of this fall. He thinks it can be applied advantageously to bu- siness now carried on in the blacksmiths’, coopers’, turning, and tool shops—also to turning mill spindles, and making all kinds of cotton and woollen machinery, a business which it is intended to intro- duce. It is hoped and believed that the above measure will materially aid in promoting the earnings of the establishment, .although it occasions considerable present expense. In speaking of the kied of work proper for a state prison, the com- missioners heretofore mentioned, very properly remark, that it should unite the following properties/ 1st that it should be a kind for which there is a great demand : 2nd, that the material should be cheap : 3d, that the trade should be easily learned : 4th, that it should be a business which cannot be so conducted by machinery, as to reduce tho wages too low: 5th, that it shonld be a trade al which hard work can be enforced, and made the more profitable. 5 ' ■A general description of the buildings, walls AND YARDS. This Prison was commenced in 1816, and is constructed upon the plan of a hollow square, enclosed by a wall 2000 feet in extent, being 600 feet on each side. The following is a simple survey or ground plan. > vv 1 11 * o i i r r o m *TJ < Y — \ 1 ' o • lzi o CO B N j a A C I g |e E The exterior line is the wall which encloses the whole Prison ground and buildings. E. Is the eastern front gate. A. Is the front yard, about 60 feet square. B. is the Keeper’s dwelling. The basement story contains a kitchen, store-rooms, and pantries. The first story contains the Inspector’s and Agent’s office, and Clerk’s office, with convenient adjoining rooms. The main hall passes through the centre, between the offices, to tho keeper’s hall in rear. The second story has two large parlors, two bed- rooms a sitting room and an open hall. From the windows of this and the Attic story, there is a pleasant prospect of tho village and adjacent country. Thw attic story has five well arranged room0The basement, second and attic stories are exclusively appropriated to the use of the keeper. This building is about CO feet wide, of about the same height to the top of the battlements, and projects out from the main building, 25 feet, and cost from forty to fifty thousand dollars. The front of the prison, including the above building, is about 300 feet, and each wing extends west 240 feet. C. Is a fruit yard and green, of about 00 feet by 100. G. G. Is the garden, the front part of which is 216 feet by 110, and the rear part, about 100 feet square. N. W. Is the north front and wing, containing the solitary cells and Hospital. S. W. Is the south front and wing, divided, principally into large rooms. g. Is the guard and engine house. D. The north, wood and lumber yard which is 3~4 feet by 111. c. The gate that leads into it, and i, the gate that leads from it, into the interior yard. •/.. The back stoop, which overlooks the whole interior yard. Y. The space between the wings, which is a grass plat with gravel walks. y. The interior yard covered with gravel, and always clean, and dry walking over it. Between this and the grass plat, there is an offset of 2 or 3 feet, made of stone, on which there is a wooden railing except at the steps. Over the centre steps is hung the yard bell. r. r. The reservoirs of water 8 feet deep—one 15 1-2 feet by 43, and the other 18 feet in diameter and communicate with each other. F. Cooper’s yard 128 feet by 110. p. Paint shop 84 by 26, which is the width of all the shops. o. o. The east and west Cooper’s shop. v. The vault 26 by 30 feet.—By opening the gates of the reservoirs' of water, it will rush through the common sewer and vault, and sweep all the filth into the creek. w. Is the weave shop u. The shoe and Tailor’s shop. x. Is the Carpenter’s shop. m. The Blacksmith’s shop. These shops, besides the paint shop, form a continued range of 900 feet —They are well lighted by windows in the sides - There is also a jog in about the centre of the roof, for a single tier of lights, which are much better than flat sky lights, which were first used. ’( he shops are built of Brick, and as a security against the progress of fire, there is a brick partition wall between each of them, extending above the roofs. The puter walls, against which the shops are built, are 35 feet high, on the inside—and the other walls about twenty.—They are four feet thick, and the walls of the prison three feet thick. But no adequate description of this grand and expensive pile of buildings and walls, can ho given without the aid of drawing?.The expense of the whole, without including the labour of convicts employed, after preparation was made to receive them, was above $ 300,000, only $ 50,800 of which was expended on the north front and wing, all the shops, guard and engine house,, and various other improvements. It has been asked, -‘what would be the proper size for the employ- ment and safe keeping of sixty or seventy criminals ” ? This ques- tion is intended, no doubt, not only to embrace the size, but form of construction, arrangements, and description of all necessary buildings, yards and walls. Without the services of a mechanick in making suit- able drawings, this question cannot be answered much better than from what lias already appeared from the descriptions given of this prison. This, however, is a proper occasion to remark, and it cannot be too often or too forcibly repeated, that the ease and success of prison disci- pline depends, vastly, upon the construction of its buildings and yards. After separation of convicts, by solitary cells, facility of inspection is almost every thing ; and much of the success which has attended this institution, is to be attributed to this cause. The whole interior yard and shops can be surveyed at a glance, and there are no bye-ways and corners to screen the prisoners from the view of the keepers. It is be- lieved, however, that improvements upon our shops may be made for shoemakers, tailors, and others, not requiring much room, by having the shops circular, the overseer stand in the centre, with the convicts facing from him towards the windows; and as a further improvement, it has been suggested, to have narrow partitions between each convict, forming a sort of stalls, with a window in each. Such an arrangement, with ordinary vigilance on the part of the keeper, would render any communication between convicts, next to an impossibility. Another great evil, in addition to the difficulty of inspection, is the want of room, in the yards and shops. That evil is already felt in this prison Instead of about five acres only, which are enclosed, 1 here ought to have been at least ten or twelve, and the time is not distant, when more yard and shop room will be indispensable. It is gratifying to learn, that a prison in Massachusetts, one in Con- necticut, and one in the District of Columbia, are now building upon the plan of the north wing of this ; and it is hoped for the cause of vir- tue and humanity, that many others will be built upon the same mod- el : but unless great attention is paid toother matters of arrangement than that of the night cells, important as they are, the work will be but half done. There are three gentlemen in this village, master builders (Samuel C. Dunham, Lawrence White, and Elias Miller) who have been em- ployed in building this Prison. They are familiar with every mechanical part of it and capable of drawing the best designs, which their experience here, and that of the officers of this institution can suggest, and of superintending any buil- ding operations. Wherever the improvements of this Prison are con- sidered valuable, the services of those men would be important. To the knowledge and experience of the former, as a builder, he70 unites a thorough knowledge ol' the discipline of this Prison and is a capable officer. • Some of our Assistant Keepers are first rate Mechanicks, as well as officers, who will, not remain in this institution much longer, with their present salaries, as they can employ their talents to much greater ad- vantage. If this Prison mast lose their services for want of a just compensation, which would be a great loss, they would be valuable men in other institutions, where they might be more liberally re- warded. In building a new Prison, the overseer of the blacksmith’s depart- ment, Herman Eldridge, would be a valuable officer and machanick. GENERAL AND PRESENT HEALTH OF THE CONVICTS. Tins prison has been distinguished for the general good health of the convicts. During the year 1822, there was an average number of between 7, and eight, confined to the hospital, out of 220 convicts, and 10 deaths. In the year 182:5, an average of nine, out of 260, and nine deaths.— In 1824, an average of 10, out of 328, and two deaths, both by con- sumption.—The physician’s report of that year, states: “ That though there has been an increased number of convicts report- ed sick, the number of deaths is smaller than any year preceding, & that the reason is obvious.—That there has been an abandonment of continu- ed solitary confinement—that those in the cells who were pardoned the last spring and summer, were most of them enfeebled, and sickening with a consumptive diathesis, that would have become incurable. “ That diseases are characterized by the same symptoms as those in the adjacent country, and that as long as the regulations for cleansing are rigidly enforced, there cannot exist in or about the prison, any local or pestilential cause of disease.” During the year 1825, there was an average of six, confined to the hospital, out of an average of 386 convicts, and six deaths.—From January 1826, to the first of October following, there was an average uumher of 432 convicts, five in the hospital, and six deaths. The proportion of deaths in this prison, has been about one to twen- tysoightconvicts received; in Vermont about the same; in Massachu- setts, one to eighteen; and in the prison at New-York, one to eight.— The proportion in other prisons is not kuown. The resident physician of the New-York prison, stated to the Agent of this, a few weeks since, that there were 380 convicts in that pri- son, that he loft 30 in the hospital, and that 25 was the average num- ber of hospital cases. The convicts here, arc strictly prohibited the use of ardent spirits and tobacco, except as medicine : and contrary to a very common, but fallacious notion, that the confirmed drunkard cannot break off, at once, from the use of spirits, without danger to his health, it has been found invariably, that the most besotted drunkards have never suffered in their healtn, from that cause, but almost as uniformly, tbeir health lias been improved. They appear to be verv uneasy, and somewhatlost, tor a tew days, and with rattier poor appetites, after which, they; cat heartily, and improve in health and appearance. Being deprived of tobacco, occasions mucn more suffering to those who have been in the habit of using it, than the loss of ardent spirits to the drunkard. There are many who have been confined for years, that would cheer- fully exchange half their rations of food, for a moderate allowance of tobacco; yet the want of it rarely affects their health or appetites. REFORMATION OF CONVICTS. It is believed that very, erroneous opinions are entertained on this subject; but they have arisen chiefly from the failure of success with the old mode of discipline,"which has been practised in prisons, with- out the separation of convicts. . The frequency, and one great cause of re-convictions in other pri- sons, will very forcibly appear, from the following extracts from the report to the prison discipline society before quoted. “ The correctness of these opinions, in relation to the evils arising from a crowded state of the night rooms, is supported by a compara- tive view of the penitentiaries in the United States, in regard to the re-commitment of convicts, where the night rooms are crowded, and where they are not. In the New-Hampshire penitentiary, the whole number of prisoners received from November 23, 1812, to September 28, 1825, was two hundred and fifty-seven; of whom, eleven only were committed a second time. Twenty-one have been pardoned; of whom only oue has been guilty of a second offence. The number of prisoners, • September 22, 1825, was sixty-six; of whom only three were for a second offence, and none for a th'rd. In this prison, from two to six arc lodged together; generally, how- ever, not more than two. In Connecticut, of 117 convicts in prison Feb 1S25, 20 were com- mitted for second, third, and fourth offences. In the penitentiary, in New-York city, the number of females, in November, 1825, was sixty-six; of whom twenty were committed a Second time; six, a third ; two, a fourth ; and one, a fifth. Hero they are lodged ten and twelve in a room. In the state prison, in New-York citv, in 1802, out of one hundred and ninety-one convicts received, forty-four W'ere committed a second time, and ttvo, a third. The whole number of re-commitments to that prison, for a second offence, is four hundred and ninety-four; for a third or more offences, sixty-one; and the number pardoned, after having been convicted two, three, or more times, is one hundred and eight. In this prison, the average number in the night rooms, is twelve. In the Philadelphia penitentiary, the number of prisoners, August 24, 181ft, was four hundred and sixteen; of whom seventy-three had been twice convicted; twenty-five, three times; seven, four times; and two, five times. •7a In the female department, the number of convicts was sixty-three; «f whom seventeen had been convicted twice; and two, three times. Of the whole number of eonviets in this prison, from 1810 to 1819, four hundred and nine bad been convicted twice; fifty-four, three times; and two, six times. Of four hundred and fifty-one convicts, in this penitentiary, in 1817, one hundred and sixty-two had been before committed or pardoned. In this Prison, twenty-nine, thirty, and thirty-one, are lodged in most of the night rooms. In the Massachusetts Penitentiary, in 1817, out of three hundred convicts,.then in Prison, ninety were under commitment for the second, third or fourth time. In this Prison from four to sixteen are lodged in each of the night rooms.” But where effective discipline is connected with an effectual separa- tion of the convicts—where those convicts are allowed salutary exer- cise of body and mind, under proper restraints—where the ignorant are instructed,* and the intelligent subdued—where every movement, privilege and deprivation tends to produce a moral action upon the mind and to soften the feelings and affections—where the reproofs and consolations of religion are daily administered, and especially on the Sabbath—and where the resident Chaplain and principal officer habit- ually visit their solitary cells and personally admonish with kindness and pungency—what cheerful hopes may not the Christian, the Phi- lanthropist and Statesman indulge. Sufficient time has not yet elapsed fully io develope the influence of confinement in this prison, in reforming the habits and dispositions of men; but enougli has appeared to promise the most favorable re- sults. There have been fewer reconvictions according to the number of convicts, in this prison, than in any other known ; and their fre- quency is evidently diminishing. From 107 of the convicts last received, there were but three on reconvictions, one of whom was from the solitary class. With a view to ascertain the conduct of convicts who have been dis- charged from this prison, and whether they had been made better or Worse men, about three weeks since, an inquiry was instituted, and has been continued by means of circular letters and otherwise—in answer -to which, we have received accounts respecting forty-seven convicts. This measure will hereafter be pursued by the Agent, and a register of the names with the accounts received, will be regularly kept and indexed, as well as the examinations of convicts who go out, and which cannot fail of being valuable documents. The favorable information thus far obtained, supasses our most sanguine expectations. Information has been received of the above forty-seven convicts mostly through Postmasters, to whom circulars were directed—of b Since the printing of the article relating to Sabbath School insfructionin this Prison, the number of sholars has been increased to lOO.'which is nearly one fourth part of all the convicts in prison.others, from Sheriffs, and of some, from individuals who have visited the prison, and who were acquainted with them. Of this number, 31 are spoken of in terms of decided approbation —as being sober, honest, and industrious citizens; and, what is pe- culiarly gratifying, because it was in a degree unexpected, several are mentioned, as having been, before conviction, more or less addict- ed to habits of intemperance, and some very notoriously so. Of an indi- vidual of this latter class, the Sheriff of the county of---says “I knew him before he went: his conduct, habits, and manners were bad—he was a poor dissipated being. He neglected and abused his family, and was a scourge to community. Since his return here, he has behaved himself like a man and a Christian, and seems altogether reformed from his former propensities.” Five are spoken of with more reserve, but still are described as be- ing much improved. Three, who are still mingling with society, are described as being decidedly bad characters, botli before and since their confinement. One is mentioned as having, previously to conviction, been a very bad man, and as haviag behaved extremely well since his discharge -—but that the shortness of the time since his discharge, renders it im- practicable to form any decisive opinion as to his future conduct. Two have been heard from as being again in State Prison—one at New-York, the other at Philadelphia. Two are stated to be in county gaols, charged with the commission of crimes. Two are spoken of as being but little known, but nothing unfavor- able has transpired in relation to them. One, who was deranged when he left this prison, is described as continuing in this state—character before conviction said to have been good. Whether subsequent accounts will prove as favorable as the forego- ing, cannot, at present, be known ; still, enough is known to convince the most skeptical, that the reformation of the votaries in crime in a Penitentiary, as has been thought by some, is not absolutely a vision- ary idea. This article will be concluded by an extract from one of the letters before referred to. It contained an account of six convicts, in the vi- cinity of the writer. In closing his remarks, he observes:—“ On the whole, I am persuaded, that, so far as I am acquainted, in a large ma- jority of the cases, great improvement in conduct, morals and habits, has been effected.”80 A TABLE, Shewing the number of convicts received on first conviction, their crimes, terms of sentence, ages, places of nativity, employment, the number of deaths, pardons, &c. The whole number of convicts received, Oct. 1. 1826, 997—the first received in April, 1817. PLACES OF NATIVITY. Nevv-York, 390 Rhode-Island, 30 Ireland, 92 Connecticut, 117 Maine, 7 England, 34 Massachusetts, 100 Maryland, 7 Germany, 12 Vermont, G1 Virginia, 7 Canada, 11 Pennsylvania, 35 Kentucky, 5 Nova Scotia, 8 New-Jersey, 34 North Carolina, 3 Scotland, 8 New-IIampshire, 30 South Carolina, 1 France, 3 Mi Wales, 2 Whole No. 997 AGES. 15 to 20, 98 1 30 to 40, 226 50 to 60 44 20 to 30, 487 | 40 to 50, 121 60 to 70 17 70 to 80 4 997 CRIMES. Grand larceny, 446 Manslaughter, 20 Forgery, 119 Arson, 19 Passing counterfeit money, 119 Rape, 18 Burglary, 53 Bigamy, 12 Perjury, 50 Swindling, 6 Breaking gaol, 10 Murder, (1) G Petit larceny, 2d offence, 33 Felony, (2) 3 Assault & battery with intent to rape, 26 Kidnapping, o Assault &l battery with intent to kill, 23 Sodomy, 1 Attempt to poison, 1 997 (1) In these cases the punishment of death was commuted by the Legislature, and they were sentenced to imprisonment for life. (2) In those cases the certificates of conviction did not designate the description of felony. Pardoned, 373 I Deaths, 40 Discharged by expiration of sentence, 104 ) Escaped, (3) 23 (3) All except two, escaped before the prison was completed. This doe3 net include those who escaped from the canal. Negroes, 38 | Indians. !41 Females- 17 OCCUPATIONS WHEN Laboruers, (4) Shoemakers, Carpenters, Blacksmiths, Tailors, Masons, Clothiers, Weavers, Coopers, Tanners, Cabinet makers, Painters, CONVICTED. 3 Years, 3 „ 3 „ 3 3 4 1 day, 1 month, 3 6 632 Saddlers, 5 Wheelwright, 1 105 Millwrights, 3 Miller, 1 52 Hatters, 3 Trunkmaker, I 52 Printers, (5) 3 Sailmaker, 1 23 Barbers, • 3 Reedmaker, 1 17 Chandlers, 2 Chairmaker, l 17 Wagonniakers, \ 2 Silversmith, 1 16 Butchers, 2 Potter, 1 16 Gunsmiths, 2 Trnn r. 1 10 Bloomers, 2 Boatbuilder, 1 9 Turner, 1 Ploughmakor, 1 8 | Papermaker, 1 997 TERMS OF SENTENCE. 144 5 Years, 132 11 Years, • o 119 « „ 39 12 i 4 7 170 13 .. 1 41 J4 16 9 „ 5 is .. o 117 10 .. 67 18 .. 2 Life, 88 <07 (4) In the class of labourers are placed all those who have no regular trade , viz. farmers, sailors, soldiers, &c. &o. together with a very few merchants, law- yers, and physicians, (5) One of these had a good classical education, and has fine talents. He has been pronounced a first rate scholar in mathematics, by two Professors whom the Agent invited to examine him ; his crime was forgery, and he Was addicted to in- temperance. There has been no other convict m this Prison, who is known to have been clavd- caHy educated. A TABLE showing the nuirber and employment of convicts, 31.v/ October, 182(1 CARPENTER’S SHOP. ' 1 Prison, A) Tool makers on contract, 14 Apprentices, 9 Turners on temporary do. 6 ; Waiters, 2 Employed for customers * and Prison Work, 5 WEAVER’S SHOP. Waiters, 2 27 Weavers on contract. 53 Spoolers, warpers, bobbin BLACKSMITH’S SHOP. winders, &c. &.c. 34 Gunsmiths on contract, 5 All invalids by age or in- On temporary contract firmity, ma..ing printing appar- Carpenter repairing looms atus, 8 &.C. I Common workmen at cus- Waiter, 1 tomers work and for the Weavers for Prison- PI.Spoolers lor Spinners for