USA > Alabama > Hand-book of Alabama. A complete index to the state, with map > Part 22
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" Reading is also a prolific source of amusement to our patients. The library has been enlarged by the addition of several hundred excellent books, which are eagerly sought after by the reading class of patients. Several hundred large and handsomely framed chromos and engravings have also been added to those already in our possession, and the walls of every room and of every ward in the hospital are now deco- rated with attractive pictures. Even the wards in which the most disturbed classes of patients are kept, are hung with pictures which, I am glad to say, are highly appreciated, and rarely or never injured.
"Divine services are held in the chapel on Sunday after- noons by the ministers of the several religious denominations in the city, and a service of sacred song after tea is conducted by the supervisors. These services are always well attended and highly appreciated."
PART SEVENTH.
THE CONVICT SYSTEM OF ALABAMA -AS IT WAS AND AS IT IS.
By R. H. Dawson, President Board of Inspectors of Convicts.
" I dare not forge a flattering tale ;
I dread to grieve thee with a harsh, offensive truth."
The development of material resources in Alabama during the past twenty years has been unparalleled ; but, great as it has been, intellectual and moral progress has more than kept pace with it, and, while our new cities and various industrial establishments gratify our State pride, our institutions of religion and learning, and of charity, show to the world that we are not unmindful of the higher duties of civilization.
It is, therefore, matter of surprise that so little attention has been paid to the reformation of criminals. For the last one hundred years, in all civilized countries, this has been a subject of absorbing interest, not only to philanthropists, but also to statesmen, and the decrease of crime is regarded as of the utmost importance to the prosperity of society.
But so little attention has been given to this subject among us that the publie generally do not know that there is no penitentiary system in Alabama, and, in fact, strictly speaking, no penitentiary. Instead of a penitentiary system, we have two systems of penal servitude - State and county - both founded upon the conviet lease system, which cannot be de- fended, and for which an apology is attempted upon the ground of necessity, which is said to " know no law," and is often made the excuse for wrong, and sometimes for erime.
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CONVICT SYSTEM.
Before discussing our present method of "criminal admin- istration," it will be best to state briefly what is known of its previous history, which is, unfortunately, very little.
OLD TIMES.
An act of the Legislature was passed in January, 1839, to establish a "penitentiary and State prison for the reformation of criminals." William Hogan, A. A. Mc Whorter and Alex- ander Smith were appointed building commissioners, and the institution was located at Wetumpka, Ala.
In October, 1839, the corner stone was laid by Governor A. P. Bagby, and in October, 1841, the buildings were com- pleted at. a cost of $84,000.00. In November, 1841, William Hogan was appointed warden, and. J. M. Armstrong, S. S. Simmons and John Watson, inspectors. They served until January, 1844, when Achilles Bradley became warden, with W. S. Kyle, L. P. Saxon and John Watson, inspectors.
At some time during the year 1844 the wooden workshops in the yard were burned, and when the Legislature met, in 1845, the condition of the institution was unsatisfactory, especially as to money matters. Its support had, up to January, 1846, cost the State 853,546.44, and the receipts from sales of manufactured articles had been 821,565.75, leaving a balance, over receipts, of expenses, of $31,980.69.
Thomas Cargill was made warden, and W. S. Kyle, F. S. McLemore and R. J. Harrison inspectors, in January, 1846. But in February, of the same year, an act was passed author- izing the lease of the institution, by the terms of which the lessee became warden ; so that when J. G. Graham leased the penitentiary, during the same month. Cargill went out of office and Graham became warden, and continued to be up to the expiration of his lease, in 1852.
The names of all of the inspectors during the period from 1846 up to the reconstruction, in 1868, cannot be ascertained, but among them were, in addition to those already named, Thomas Williams, John Hardy, Elisha Haines, J. L. Pogue C. M. Cabot and B. S. Griffin. The names of all of the in- spectors since 1868 are given at the close of this article.
From 1852 to 1858 Moore & Jordan were lessees, with Dr. Moore as warden. In 1858 Dr. Ambrose Burrows became lessee and warden.
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HAND-BOOK OF ALABAMA1.
During all these years little is known of the management of the institution. There were workshops and valuable ma- chinery, and several branches of industry were carried on. Wagons, buggies, harness, saddles, shoes, and perhaps other articles, were manufactured.
Moore & Jordan engaged largely in the manufacture of bagging and rope, which proved a failure, involving the lessees in heavy loss. It was also an exceedingly unhealthy employ- ment, causing much and fatal sickness.
There are no books or papers extant, showing how the institution was conducted, or the names of the convicts. What little has been stated has been ascertained from old residents of Wetumpka.
In 1862 Dr. Burrows was killed by a convict named Kar- minsky, who was tried for the murder at Rockford, and was executed in the yard, in the presence of the conviets.
The leases before referred to had nothing in common with the present lease system. The convicts were kept and worked inside the walls, and the only difference in the management was, the lessee was the ex-officio warden.
On the death of Dr. Burrows, the State resumed control, with Dr. M. G. Moore as warden, and during the war he man- ufactured many articles of use to the Confederacy, and he paid into the treasury about $$0,000.00 of Confederate money.
Many conviets were pardoned during the war to join the army.
At the request of the State of Mississippi, the convicts of that State were received into the Alabama penitentiary, and remained there until the spring of 1865, when the federal forces, in their zeal for liberty, threw open the doors of the prison and turned loose all the convicts.
Among the eonviets was a man named Maroney, whose wonderful feat in robbing an express company at Montgomery. before the war, is one of the most romantic chapters in erim- inal annals, and has furnished the material for one of Pink- erton's sensational books. When the federals turned the convicts loose. Maroney refused to leave, and remained alone in the penitentiary, faithfully guarding the place and endeav- oring to preserve the property of the State until he was relieved by those having authority.
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CONVICT SYSTEM.
Dr. Moore continued to act as warden up to June, 1866, when Governor Patton made another lease to Smith & Mc- Millan, with whom various parties appear to have been inter- ested. This was the last lease ever made under the old law, and one of the most unfortunate business transactions in which the State ever engaged. Governor Patton loaned or gave the lessees $15,000.00, none of which has ever been repaid, and when they took possession of the place, the State owned valuable machinery of various sorts ; when they re- stored the property to the State, it was a wreck.
A NEW LEASE SYSTEM. 1
In 1866 an act was passed allowing Smith & McMillan to sub-let the convicts to be worked outside the penitentiary. This was the beginning of the present lease system. During the next six years great barbarities are reported to have been committed upon the conviets, who were scattered all over the State, working at different employments, mostly on railroads. As the laws for the government of convicts had been made while the convicts were worked inside the penitentiary, there was little or no provision for the care of those who worked outside.
It is to be hoped that the reports of cruelty that prevailed during this period are exaggerated; such things usually are, but the enormous death rate-reaching 41 in the 100 in 1869- shows that the treatment must have been bad.
There are no inspectors' reports to be found prior to one made on the 5th of July, 1865, covering the period of two years before that date, although the writer is informed that reports were made prior to this ; and as before stated there are no books or papers, nor even a convict register, to be found prior to the administration of Mr. Bass. When, or how, the books and papers were destroyed the writer has been unable to ascertain.
The inspectors' reports contain very little information up to 1882, except the lists of the convicts required by law. The most of them give glowing accounts of the good management of the contractors and boast of the kind treatment and excel- lent condition of the convicts, when they were dying at the rate of from 10 to 40 per cent. per annum.
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HAND-BOOK OF ALABAMA.
In June, 1872, the lease of Smith & McMillan having expired, Dr. M. G. Moore took charge as warden for the Sta e. The lease system was continued.
At the session of the Legislature in the winter of 1872-73, the State Senate, being republican, refused to confirm Dr. Moore, and Larkin G. Willis was appointed warden. Dr. Moore was kind and considerate, and had he been confirmed warden, he would doubtless have done much to improve the system.
In October, 1873, Col. Willis reported as follows : "The most of the convicts were at work on the railroad, under Rucker and associates. I had them all brought to the prison, owing, principally, to the fact that their condition was such that unless they were better cared for they would all soon die."
In 1873 a plantation, nine miles from Montgomery, on the Tallapoosa river, was purchased from Col. Williams. The soil is very fertile, but the place is low, sickly, and so subject to overflow as to make farming on it an uncertain venture. It was all under water in the great freshet of 1886, and the guards and convicts who were then there were rescued with much difficulty and some danger. The place has proved an unfortunate investment.
Col. Willis died in the early part of 1875, and Col. J. G. Bass became warden. He is a man of much energy and fine business sense. He repaired and improved the property of the penitentiary, graded the branch road from Elmore to Wetumpka, and under his management the penitentiary ceased to be a burden to the State. He purchased thirty aeres of land adjoining the penitentiary, which was badly needed, and he feneed and improved the grounds and put the place in better condition than it had ever been. The trees which he planted are now beautiful and add much to the comfort and appearance of the place. They will long remain a monument to his industry and good taste.
During this administration the inspectors did much more than formerly. The condition of the convicts was somewhat improved, but the inspectors had but little authority, and it is surprising that they accomplished as much as they did under the then laws.
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CONVICT SYSTEM.
In January of 1881, a joint committee of the Legislature visited some of the convict camps. They made a report and published some evidence, portions of which were a surprise to the public. . But nothing was done at this Legislature to change things for the better.
In March, 1881, Col. J. H. Bankhead became warden. At the same time Dr. James Kent, one of the most distinguished physicians in the State, was induced to become an inspector. From his high character and great attainments much was expected, but unfortunately he had time to visit only one prison (New Castle) before his sudden and much lamented death in April following.
The rumors and the complaints of bad treatment of the convicts continued, and in the fall of 1881, at the request of warden Bankhead, Drs. Jerome Cochran and J. B. Gaston examined some of the convict prisons. When the medical association met in Mobile in 1882, Dr. Gaston, who was its president, in an address to that body, made such an exposure of the condition in which they had found things that the atten- tion of the whole State was aroused; so much so that Col. Jno. T. Milner, then interested in convict labor, thought it necessary to reply to Dr. Gaston through the newspapers. This brought about a discussion in the press, and Col. Robert McKee, with the fearless devotion to right which has always characterized him, exposed the abuses to which the convicts were subjected, as no one else could do.
When the Legislature met in the fall of 1882, in response to the outspoken demands of public opinion, the long needed act was passed adapting the laws, as far as practicable, to the lease system. The law was not passed in exactly the shape its friends wished it to be, because there was such a strong lobby, thoroughly organized and skillfully managed, that the act was modified in many respects to suit their wishes, but many changes were made, and more was accomplished than ever had been for the improvement of the condition of the conviets.
The authority of the inspectors was enlarged, and their duties increased. Frequent inspections were required, provis- ions were made for the care of the siek and to prevent abuse and mistreatment. R. H. Dawson, A. T. Ilenley and W. D. Lee were appointed inspectors. Upon the organization of the
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HAND-BOOK OF ALABAMA.
board R. H. Dawson was made president ; but the president had, at that time, no more authority than that of the other members, except to call meetings of the board when he thought necessary.
The greatest change of all, and the best provision in the law, was that allowing the governor to break up any contract, at any time, without assigning any reason.
Soon after this aet was passed almost all the contracts in force expired, and a new leasing was had in May, 1883. There were very many bids, but contracts were awarded to Comer & McCurdy for 200 conviets, Pratt Coal & Iron Co. for 200 and J. F. B. Jackson for 100, leaving 100 with Col. Williams. his contract not expiring until January 1, 1886.
The warden, the physician and the inspectors found much to occupy their time. The physician, in obedience to the law, removed to Pratt Mines and devoted his time to the convicts. At Blount Springs Col. Jackson built an entirely new prison ; at Pratt Mines and at the plantations of Col. Williams great improvements were made. The convicts were better fed, clothed and cared for than they had been ; upon the inspectors devolved the labor of searching out abuses and informing the warden of them. The spirit of the law was not fully appreci- ated by the contractors and their employees, and it was diffi- cult for them to realize that there was a limit to their power over a conviet, or that he was to be considered as a man, and under the protection of the law; consequently there was friction, and it took time and patience to get things in good running condition; the investigations of the inspectors were looked upon as offieious intermeddling, and some ill feeling was manifested, but when it was found that they were careful to keep within the line of their duty, and never to exceed their authority, and had the hearty support and co-operation of Governor O'Neal, things gradually improved. There had been a great deal of sickness at the mines during the first part of the year 1843, and the sick had suffered for the want of proper care. After Dr. Cunningham took charge, about April, 1883, there was a decided improvement, and, while the doctor's attention to the sick was skillful and successful, his labors in preventing sickness, by enforeing a system of sanitary rules, was of greater benefit than his service to those already sick.
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CONVICT SYSTEM.
Although much was done, still the new law did not accom- plish all that was expected of it. Experience showed, as is the case with all new laws, of an important character, that it was imperfect in many respects ; but it gave so much satisfac- tion that the democratic State convention, in 1884, adopted a resolution congratulating the people of the State that the man- agement of the convicts was no longer a matter of reproach.
PRESENT SYSTEM.
When the legislature met in the fall of 1884, an act was passed known from its author, Hon. A. A. Coleman, of Hale county, as the " Coleman law," which made sweeping changes in the convict system, and is, with a few amendments, made from time to time, the convict system of Alabama.
A few of the important changes are-the abolishing of the offices of warden and of inspectors of the penitentiary, and creating a board of inspectors of convicts, and requiring the president of the board to perform the duties of warden in all business transactions ; the removal of the business office from the penitentiary to the State Capitol, and placing the control of the convicts under the board of inspectors.
In March, 1885, Mr. Bankhead's term as warden expired. He held the office during the most trying period in its history. He found the convicts leased out to contractors over whom the law gave him but little control. The abuses and cruelties to which they had been subjected had greatly excited the public mind, and demands were made upon him for reformation, which he had no power to enforce.
The most difficult position in which a man can be placed, is that of responsibility without commensurate authority. It is not strange then that Mr. Bankhead's administration should have been the subject of severe criticism ; but any one who will read the plan proposed by him to the Legislature in 1882, can but feel that he was deeply interested in his work, and that no more humane system for the management of convicts was ever proposed by any one.
Under the "Coleman law," which went into operation in March, 1885, R. H. Dawson was appointed president of the board of inspectors, with A. T. Henley and W. D. Lee as his associates, and they are still in office.
-
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HAND-BOOK OF ALABAMA.
Although much had been done, the inspectors found plenty to do, and they were constantly employed endeavoring to have the laws for the proper management of the convicts enforced.
In 1888, the convicts were concentrated as far as possible at Pratt Mines, where two new prisons were erected, each intended for the accommodation of 500 convicts. These pris ns are roomy and comfortable, and are great contrasts to the miserable pens in which convicts were formerly confined. In the language of the Rev. Fred H. Wines of Illinois, the highest authority in the United States upon such subjects : " These are the best cheap prisons in the Union." Excellent hospitals have been built upon plans suggested by Dr. Cun- ningham, and the work was done under his supervision. These are well and neatly kept, and the sick are properly cared for.
Since 1888, it has been found necessary to make other pro- visions, not only for the females, and boys under fifteen years old, who are not allowed by law to be worked in the mines, but also for a class of adult males who for various physical defects cannot be worked in the mines; and contracts have been recently made with the Milner, Caldwell & Flowers Lumber Company, at Bolling, and with Col. Thos. Williams, near Wetumpka, for the hire of these classes of convicts. There are excellent prisons at both of these places. In all respects the condition of the convicts has been improved since 1883.
There is, at all the prisons where State convicts are kept, better food, clothing and surroundings of every kind. At the mines the men are graded each month, by the inspectors and physician, into four classes, according to their capacity for labor, and the amount of labor to be performed by each class is fixed by the inspectors.
Whenever a man complains of sickness, he does not go to work unless, after a careful examination by a competent phy- sician, he is declared able to work. In fact, so great have been the changes in the surroundings and treatment of the convicts, that, in the language of Dr. Jerome Cochran, State Health Officer, " It amounts to a revolution." These changes have resulted in better health and fewer deaths.
.
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CONTICT SYSTEM.
The convict system is under great obligations to Dr. Coch- ran. On several occasions, by order of the Governor, he has made examinations of the different convict prisons and re- ported thereupon. Many of the improvements have been suggested by him, and nothing that he has proposed has failed to be of great benefit when adopted.
THE STATE PENITENTIARY.
This institution is situated on the east bank of the Coosa river, in the suburbs of the city of Wetumpka. The location is low and flat, and in 1886 it was inundated by the overflow of the river; but there never was so high a freshet before, and probably never will be again. When the president of the board took charge of the place, in 1885, the buildings were dilapidated and the fences and everything connected with it were in bad condition. A great deal of repairing has been done and several much needed out-buildings erected-such as barns, stables, shops, wagon shelters, etc. Water for drinking purposes is brought into the yard from a good spring in the garden, and, for other purposes, from another spring some distance southeast of the place. But there is not a full supply of water, and, in case of fire, there is not enough to do any good.
When viewed from the public road, the front of the build- ing presents a handsome appearance. It is ornamented with trees planted by Col. Bass, and with shrubbery, flowers and grass. Except for the bars across the windows, the institution might be taken for some other public building than a prison.
There is neither machinery nor land for the employment of convicts. About three acres are enclosed by a brick wall, twenty-five feet high, from which the place takes its name of " the walls," by which it is usually designated. This yard is shaded by beautiful elms, also the work of Col. Bass. Inside the yard are cells and various buildings occupied by the con- victs. There is only cell room for 208, and the cells are mis- erably constructed and are unfit to be occupied by human beings.
Since 1885, the place has been used as a general hospital for the chronic sick, and those broken down in the mines, or otherwise unfit for labor, are kept here. Much benefit has
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HAND-BOOK OF ALABAMA.
been derived in many cases, and the practice of bringing the sick here for treatment has resulted in increased revenue to the State. Many who would have died but for the change to " the walls," have been restored to health and returned to work at the mines, and during the past three years over $16,000.00 has been realized from the labor of such cases.
The hospital here is all that could be desired, except that more room is needed. The physician of the penitentiary is appointed by the Governor. The position is at present filled by Dr. George B. Judkins, an excellent physician and "a good samaritan," and many a convict has cause to be thankful that he fell into such good hands. The officer in charge at this place is called the keeper, and is appointed by the Governor. The position is filled at this time by Mr. T. C. Dawson.
FINANCES.
The financial affairs of the convict system of the State are in as satisfactory condition as could be desired, and better than that of any such institution in the United States. The follow- ing statements will show the financial results for different periods as far back as can be ascertained :
. Financial showing of the Alabama penitentiary for each bi-ennial period since 1874. (Page 83, Bi-ennial Report of In- spectors, made September 30, 1890.)
BIENNIAL TERM.
Gross Receipts
Gross Expenses
Net Receipts
Net Deficit
* From Oct. 1, 1874 to Sept. 30, 1876 ..
48,266 09 8 58,007 64
S 9,731 55
+ From Oct. 1, 1876 to Sept. 30, 1878 ..
83.524 44
57,537 06
26,056 3
# From Oct. 1, 1878 to Sept. 30, 1880 ..
65,813 15
30.005 38;
35,717 77
ยง From Oct. 1, 1880 to Sept. 30, 1882 ..
71,740 58
31,124 41
40,616 17
# From Oct. 1, 1882 to Sept. 30, 1884.
71,255 51
30,689 86
40,505 65
** From Oct. 1, 1884 to Sept. 30, 1856 .. From Oct. 1, 1886 to Sept. 30, 1888 ..
83,354 99
24,191 42
59,163 57
118,794 79
48,069 06.
70,725 73
From Oct. 1, 1888 to Sept, 30, 1890 ..
250,935 40
87,401 26
163,534 14
* The gross receipts embrace estimated value conviet labor in payment of State farm, and also moneys received from treasury out of general fund, while gross ex penses do not embrace some expenses paid from treasury and not charged to peni- tentiary, such as printing, etc.
t The gross receipts embrace estimated value of labor in paying for State farm,
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CONVICT SYSTEM.
If half of the net income was applied every year to provide for working the convicts on State account, that could be ac- complished in a few years, without any drain upon the State treasury, and would provide the State with a penitentiary sys- tem such as there should be, and as its founders intended - a place where an honest effort is made to assist the fallen to rise again and become useful, if humble, members of society.
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