History of Alabama and dictionary of Alabama biography, Volume I, Part 75

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756

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Leasing of Convicts .- The board deter- mines the character of labor, the places, and the regulations governing convicts employed by contractors, having in view the making of the system self-sustaining so far as consistent with the humane treatment of the convicts. All contracts for the hire of convicts are pre- pared hy or under the direction of the atto, ney general, and must bear the approval of the governor. They must contain a provision that the president of the board may terminate . them without assigning any reason. It is the duty of the governor to transmit to the legis- lature printed copies of all contracts for hir- ing convicts, together with copies of the honds for the faithful carrying out of the contracts. Not less than 20 convicts shall be hired to any one person nor kept in any one prison, and they shall be governed, worked and guarded as prescribed by the rules and regu- lations for working penitentiary convicts out- side the walls. No convict may be worked at a different place or occupation than those stipulated in the contracts, except upon the recommendation of the board and with the approval of the governor; nor may the ser- vices of any convicts be released or rehired,

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except upon similar recommendation and approval. Convicts must be classed or tasked if hired to work in mines, and may be so classed if hired to work elsewhere. They may be allowed to work for themselves after the performance of their daily tasks. All con- tracts for hiring convicts must be on a per capita basis. No convict may be required to perform a task for which he has been de- clared unfit by the physician inspector; nor confined in barracks, cells, or compartments pronounced unhealthy or unfit by the inspect- ors. It is unlawful for any convict to be hired to work in mines who is not physically able to perform such work, and if after being assigned to work in mines his health is found to be injured thereby, he must be transferred to other work.

Genesis of the Convict System .- The agita- tion for a change in the forms of punishment began many years before public opinion was sufficiently ripe to embark on any new sys- tem. To Gov. John Gayle is probably due the credit of having first recommended that the old and barbarous methods of punishment be substituted by other forms more consonant with the dictates of humanity. It was his opinion that "the whipping-post, the pillory, the branding-iron, and all such instrument of savage and barbarian cruelty, accord neither with the enlightened and humane spirit of the age, nor with the principles of our free in- stitutions. Vindictive and cruel punishments, so far from preventing, operate to multiply offences, as the history of all civilized nations demonstrates. The Legislature may pass laws of revolting severity, but there is an abiding sense of tenderness and justice in the breasts of juries that will rescue the greater part of those who are sought to be made thelr vic- tims."

Notwithstanding his recommendations nothing was done, but at the next session he renewed his appeal, urging the adoption of a criminal code which should be "founded on the principles of reformation and not on vindictive justice."

Many persons who were not opposed to the mitigation of the existing penal system were yet unwilling to go to any outlay to accomplish it, and they objected to the pro- posed establishment of a penitentiary on the ground of its expense. Gov. Gayle, in the same message met these objections by argu- ments demonstrating the economy, in the long run, of the proposed plan. "The ex- pense to be incurred in erecting the necessary buildings forms a common objection to the system," he said, "but this has been success- fully met where the experiment has been made. The amount which will be realized from a judicious employment of the prisoners in mechanical labor, will not only defray all current expenses, but will yield an annual revenue which, in a few years, will refund, with interest, whatever sum may be advanced in the first instance. Money can now be ob- tained at moderate interest and twenty or thirty thousand dollars will be sufficient to

effect this great and salutary change in our criminal jurisprudence; a change demanded by morality and religion, and by a tender regard for human life. The long list of offences made capital by our laws, should no longer be permitted to blot the pages of our statute books."

Other governors joined in the demand for reform. At the session of the legislature of 1838-39, January 26, favorable action was taken. The law provided that the peniten- tiary should be located at a place not more than fifty miles from the center of the State, to be selected by joint vote of the Legislature; appropriated $30,000 with which to purchase the necessary land and erect the building; and authorized the selection of a committee of three to prepare a code of criminal laws adapted to the penitentiary system of punish- ment, and a set of rules suitable for the organization of the prison established there- by.

William Hogan, A. A. Mcwhorter, and Alexander Smith were appointed building commissioners, and they selected a site for the prison, east of the Coosa River, near the town of Wetumpka, where the penitentiary is still located. The corner stone was laid by Gov. A. P. Bagby, in October, 1839, and the buildings were completed in October, 1841. Gov. Bagby, in reporting the commencement of construction to the legislature, said: "In introducing this new and most important feature into our system of criminal jurispru- dence, it is greatly to be desired that so favor- able an impulse should be given to it, in the outset, by wise and cautious legislation, as to ensure its answering the double purpose of satisfying offended justice, by affixing a mod- erate, but adequate and certain punishment to each offense, which may be thought proper to punish in this mode, and at the same time, alleviating, as far as human means can allevi- ate, consistent with the stern and inflexible rules of justice, the miserable and pitiable condition of criminal and degraded human- ity.

Penitentiary System-Early History .-- The prison organization provided consisted of three inspectors, one warden, one deputy warden, one physician, one clerk, and a req- uisite number of overseers or turnkeys. The inspectors and warden were elected by point vote of the two houses of the legislature, and held office for two years, and until their successors were elected and qualified. The clerk and the physician were appointed by the inspectors, but were subject to removal by the legislature. All other officers of the prison were appointed by the warden. In addition to the foregoing officers, a military guard was maintained at the penitentiary, consisting of one sergeant and as many pri- vates, not exceeding twelve, as the inspectors might deem necessary. These men were maintained at the expense of the State, and were under the orders of the warden. All the officers above mentioned, including the ser- geant and watchmen, were required to sub-

Winthrop Sargent 1798-1800

William C. C. Claiborne 1801-1805

Robert Williams 1805-1809

David Holmes 1809-1817

William W. Bibb 1817-1820

Thomas Bibb 1820-1821

John Murphy 1825-1829

Gabriel Moore 1829-1831

John Gayle 1831-1835

Clement C. Clay 1835-1837

Hugh McVay 1837

Arthur P. Bagby 1837-1841

Benjamin Fitzpatrick 1841-1845

GOVERNORS OF ALABAMA

Vol 1-25

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scribe a special oath of office, in addition to the oath prescribed by the constitution for all State officers.

The powers and duties of the inspectors, warden, and other officers of the penitentiary, aside from those referred to in the previous paragraph, were in most respects similar to those prescribed for the corresponding officers under the present system. While some changes and elaborations of regulations have, as a matter of course, been necessitated by the growth of the system and the develop- ment of new and unforeseen conditions, the rules for the internal government of the prison, for the most part have been unaltered except in one important particular, namely, the early laws made no provision for the hir- ing of convicts to be worked outside the prison walls, the original scheme of things, and the code which put the scheme in effect, being based upon the employment of all able- bodied convicts at hard labor for the State and within the walls.

Unfortunately the administration of the penitentiary from the first was unprofitable and unsatisfactory. During the first four years of its history the excess of expenditures over receipts was $31,980.69. The original cost of the buildings had been more than $84,000, and during 1844 the frame work- shops in the yard had been destroyed by fire. These considerations, taken with the prej- udice against the system which existed in many quarters, both before and after its adoption, created much dissatisfaction and complaint. The principal ground of com- plaint was the failure of the penitentiary to prove self-sustaining, much less profitable, as had been predicted by some of its advocates. However, this seems to have been due rather to mismanagement and carelessness, than to any defect in the system itself. The criticism brought about various minor changes in the laws.

Lease of the Penitentiary .- The legislature passed an act at the session of 1845, authoriz- ing the lease of the penitentiary. The law constituted the lessee as warden of the prison with full authority over the convicts and responsible for the preservation of the State's property. The details under which the lease was executed are interesting, and, in addition to the duties and responsibilities of the war- den, the lessee was required (1) to furnish at his own expense a sufficient number of competent guards; (2) supply, at his own expense, the convicts with a sufficiency of wholesome food, comfortable clothing, beds and bedding, the medicines for the sick; see that they are properly attended and that their wants are provided for in sickness; and treat them in all respects with humanity, without imposing on them more labor than they are able to perform, or labor which is injurious to their health; (3) provide at his own ex- pense a chaplain, to perform divine service every Sunday, and a competent physician to attend the sick convicts; (4) to keep the con- victs with safety, and to cause all repairs of

the buildings to be made which might be necessary to effect that object.

During the existence of the lease, among the articles manufactured in the penitentiary were wagons, buggies, harness, saddles, shoes and perhaps other articles. Bagging and rope were also manufactured. The first lessee was J. G. Graham, 1845 to 1852. The second lessees were Messrs. Moore and Jordan, 1852 to 1858. The third was Dr. Ambrose Bur- rows, 1858 to 1862. During the second period there was much illness and many deaths among the convicts. In 1862 Dr. Burrows was killed by a convict named Karminsky, who was convicted for the offense and exe- cuted in the prison yard in the presence of the convicts. The lease system had been in force from 1845 to 1862, and while it was not satisfactory, it was at least less objection- able in the public mind than direct mainte- nance by the State. On the whole, however, the results were peculiar. The buildings, machinery, and other property turned over to the lessee at the beginning of the lease were allowed to deteriorate, and they were practically without value when returned at the expiration of the leasehold period.

Period of Chaos .- After the death of Dr. Burrows, the State resumed control of the penitentiary and the old lease system which, however, had nothing in common with the system now in vogue, was discontinued until after the War. Dr. M. G. Moore was ap- pointed warden and served until 1861. Dur- ing the War many articles were manufactured in the penitentiary for the use of the Con- federate Government, and many convicts were pardoned to join the Confederate Army. In June, 1866, Gov. Patton made another lease, under the old plan, to Messrs. Smith & Mc- Millan. Dawson says of this transaction, in Berney, "Hand-Book of Alabama," p. 257, "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. Gov. 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."

Shortly after the beginning of this lease, an act was passed allowing Smith & McMillan to sublet the convicts to be worked outside the penitentiary. This was the beginning of the present system of leasing the convicts for employment elsewhere than in the pen- itentiary. There were frequent and persistent rumors and reports of cruelty to convicts dur- ing the following six years. Many of them were employed in the construction of railroads in different sections of the State, and suitable arrangements for their care often were not made. The convict laws had been made to fit the conditions obtaining when the convicts were employed within the walls, and were not applicable to the conditions surrounding their employment outside the prison. It seems cer-

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tain that the conditions obtaining during the operation of this lease could hardly have been worse. In June, 1872, the lease of Smith & McMillan expired, and Dr. M. G. Moore was again put in charge for the State, but the next legislature, Republican in politics, re- fused to confirm his appointment, and Col. Larkin G. Willis was appointed warden. In October, 1873, Col. Willis reported: "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!"

For 10 years, from 1873 to 1883, conditions were chaotic. The working of the lease sys- tem resulted in abuses. Newspaper charges were made, legislative investigations de- manded, and much ill feeling engendered. While hardships obtained and abuses were proven, the agitation resulted in important reforms. On February 22, 1883, an act was passed regulating the hiring and treatment of state and county convicts "employed or hired out to be used outside the walls of the peni- tentiary, either upon public or private works." The new law did not embody all of the reforms demanded, but many changes were made. Among other things, it required more fre- quent inspection and lodged the authority of inspectors, afforded better care for the sick and the infirm, provided that no cruel or ex- cessive punishment should be inflicted and "no corporal punishment of any kind" should be inflicted except in accordance with rules prescribed by the warden and inspectors, and only by the party authorized by the warden to inflict punishment. Contracts for hire could only be made after an advertise- ment of 20 days in Birmingham, Huntsville, Mobile, and Montgomery. Contracts could be cancelled by the governor without assigning any reason, and the governor was empowered to suspend any wardens or inspectors for cause. The new law gave so much satisfac- tion that the Democratic State convention in 1884 adopted a resolution congratulating the people of the State that the management of the convicts was no longer a matter of re- proach.

Reform and Reorganization .- Still further reforms were made by the legislature, Febru- ary 17, 1885. The office of warden was abolished. The board of inspectors of con- victs of three members succeeded to the powers and duties of the former inspectors. Many of the best features of the present penal system are found in this law.

Beginning in 1888 the State adopted the policy of concentrating the able-bodied con- victs in the coal mines. Large numbers of them were worked at the "Pratt Mines," where two new prisons were erected, each intended to accommodate about five hundred convicts. Good hospitals were built under the direction of the physician inspector; and later, arrangements were made for leasing females, boys under fifteen years of age, and infirm adult males to lumbermen, turpentine men,

farmers and others, where the work was be- lieved to be lighter than in the mines. The working of convicts has continued since the date named, and is now a fixed and definite policy of administration. It serves not only to support the system in large part, but it also yields a large and constantly increasing rev- enue. For details consult state auditors re- ports.

While the state system was being developed and the treatment of convicts made to con- form to humane standards, the condition of county convicts leased to contractors for em- ployment on public works was found to be deplorable. The laws governing the hire of state convicts did not extend to those of the counties. On December 9, 1890, Gov. Thomas G. Jones attacked these conditions in a special message to the legislature. He urged legisla- tion, saying among other things, that "No other argument is needed for this, than the fact that the death rate of county convicts is twice as great as that of state convicts." Re- lief was not immediate, however, and it was not until the next session when an act was passed providing a new system, and in which the recommendations of Gov. Jones with ref- erence to county convicts were embodied.

At every session of the legislature there was demand for still other reforms. The public, led by an intelligent press, was in- sistent that both state and county prisoners should be afforded treatment which would combine principles of reform with those of punishment. Gov. Thomas G. Jones was a valuable ally in these efforts, and lent the powerful influence of the executive. At the second session during his term, on February 14, 1893, a new "convict system" was created, in which provision was made "for the govern- ment, discipline and maintenance of all con- victs in the State." The board of three in- spectors was placed under the control of a board of managers of nine members, one from each Congressional district. One of the most conspicuous and beneficient features was a requirement that all convicts, whether worked within the penitentiary or hired out, should at all times be under the general supervision of the board of managers, "and under the immediate custody and control of a warden or person in the employ of the State, and should be fed, lodged, clothed and doctored by the State." The spirit of the new legisla- tion is embodied in the following portion of Sec. 37, namely: "The labor and instruc- tion of the convicts of the first or better grade shall be directed with reference to fitting the convict to maintain himself by honest in- dustry after his discharge from imprisonment as the main object of such labor and train- ing.»

Two years later the board of managers was abolished, and a new law created, February 18, 1895, in which there was a return to the old system with slight modifications. The board of inspectors consisting of a president and two others, one a physician, was con- tinued. The requirement of the old law that officers and others having the custody or con-

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trol of convicts should be the employees of the State was dropped, and for it was sub- stituted a provision that they should be em- ployed and paid by the contractors, but should be licensed hy the president of the board. Where the former law in terms declared its intent and meaning to be the accomplishment of the ultimate abandonment of the lease sys- tem, the new law definitely provided for its continuance. The reforms in reference to county convicts were abandoned, and the con- ditions surrounding convicts sentenced to hard labor for the county have continued to be the cause for criticism and reproach.

In the early part of 1913 the convict de- partment came into considerahle notoriety on account of a large defalcation of its funds by the chief clerk, who absconded and success- fully evaded arrest for about a year. In Janu- ary, 1914, he surrendered himself at Mont- gomery. Later he was convicted in two cases for embezzlement and grand larceny, and is now serving an aggregate sentence of 16 years in the penitentiary.

Farm and Cotton Mill .- In 1873 the State purchased from Mr. Thomas Williams, for $50,000 a plantation on the Tallapoosa River, known as the "Penitentiary farm," a few miles northeast of Montgomery, but in 1875 this purchase proved an unfortunate invest- ment. It was low, subject to frequent over- flow by the river, and exceedingly unhealthy. Although it contained about two thousand acres of fertile land, it has not been profitable.

During the two years in which the law of 1893 was in force, the board of convict man- agers adopted and put under way a plan for a State-owned-and-operated cotton-mill. A location was secured at Speigners, and the buildings erected chiefly with convict labor. The brick was made by convicts from mater- ials on the State's land, and the outlay was thus further considerably reduced. The cost of the mill, ready for operation, including the value of the brick and convict labor furnished by the State, was $78,347.77. The amount of cash actually paid from the treasury was $67,532.77. The mill was designed to utilize chiefly the services of women and boys, who could not be worked in the mines and lum- ber camps. It was put in operation with 3300 spindles, but contained floor-space for 5000. It has not been kept in continuous operation, being shut down for several years, and the machinery and building were permitted to greatly deteriorate. The entire plant was leased for operation for several years, with disastrous results to the State. During 1910 the plant was remodeled and enlarged to a cost of about $50,000, its equipment being increased to 8900 spindles and additional other machinery in proportion.

Future of the System .- It is doubtless true that the present system has reached its maxi- mum of development and efficiency, not only in providing a sure means of detention and punishment, "founded on the principles of re- formation and not on vindictive justice," but also as a revenue producing agency of much importance. During its 100 years of history

the State has passed from the whipping-post, the pillory and the branding iron through various experiments to a wholly new concep- tion of social justice. Those who still adhere to the theory that the feelings of human sympathy in behalf of the criminal convict should not deter a rigid punishment, in com- pensation both for their misdeeds and the violation of their duty to society, insist that the present system is no only humane in that it affords good food, good clothing, security, good health and sanitary conditions, and care in the administration of punishment for the infraction of prison regulations, but that the system supports itself, and incidentally pro- duces a surplus. This surplus it is argued not only recoups the state for large expendi- tures in the unproductive years of the past, but also affords some protection against lean years to come. Opposed to these views is a constantly growing class, who would reorgan- ize the entire system on the most advanced theories of reform. The demand has already been made that convicts should be removed from the mines, not only because of the dangers and hazards involved, but also he- cause, as it is contended, even in enforcing punishment, the State has no right to submit the criminal to such risks. The suggestion for employment in manufactories, is however, met with the protest of organized labor, which demands that a "brand" be placed upon con- vict-made goods, and that the whole develop- ment in this direcion he narrowed to a point of unproductivity. There are those who in- sist that all convicts be employed in works of internal improvements, that is, on state huild- ings, public works, road bullding, reclama- tion of overflowed lands, and in manufactories sufficient to meet the needs of the convicts themselves in the matter of food and cloth- ing. It is urged that this course will meet the objection of organized labor, and at the same time carry forward important public enterprises, which would otherwise be with- out means of promotion.

A state organization exists whose avowed objects are to take the convicts from the mines. The Alabama Sociological Congress has attacked the problem at many angles. The club women have collectively spoken for better conditions, and against iniquitous prac- tices, at their annual conventions. The pulpit, the press, public men and a patriotic citizen- ship are alike united in the hope for needed reforms, in which society will he safeguarded, and at the same time the higher levels of both justice and brotherly love will be reached.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 75

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869- Publication date: 1921 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 756

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756