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Cornell University Library
BOUGHT WITH THE INCOME FROM THE SAGE ENDOWMENT FUND THE GIFT OF
Henry W. Sage 1891 A. 80752
20/4/95
Cornell University Library HV9475.N71 D99 History of the Albany penitentiary.
olin 3 1924 032 594 875
DATE DUE
APP
=
APR 215 1994
GAYLORD
PRINTED IN U. S. A.
UN
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Y
1865
D
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Cornell University Library
The original of this book is in the Cornell University Library.
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http://www.archive.org/details/cu31924032594875
HISTORY
OF THE
Albany Penitentiary.
BY
DAVID DYER, Chaplain.
Ali DiSTY
I
bulus
ALBANY : JOEL MUNSELL. MDCCCLXVII.
3665353
A. 80752
CONTENTS.
PAGE.
Preface, ..
V
Its Inception,
7
Its Erection,
20
Rules and Regulations,
32
Its Superintendent,
49
Resignation of the Superintendent,
65
Appointment of a New Superintendent; his Trials and
Resignation,
73
Recall of former Superintendent,
81
Renewed Financial Prosperity,
89
Return of the Superintendent to Reside at the Peniten- tiary, 98
Embarrassing Events - an Important Change - Aug-
mented Prosperity,
107
Enlargements and Improvements,
118
Commitments and Discharges,
134
Receipts and Expenditures,
142
Severance from Politics,
154
The Inspectors,
164
iv
CONTENTS.
PAGE.
The Physician, 177
The Chaplaincy, 182
Cases of Reformation, 199
Letters from Discharged Prisoners, 224
A View of its Present State, 239
Appendix,
269
PREFACE.
IT has been well said, "whatever relates to the early history of a locality or people, illustrating the manners, the civil, religious or criminal policy thereof, is un- doubtedly worthy of preservation. The records of deeds and events, apparently of slight moment at the time of their occurrence, increase in importance as ages roll away, and are the indices by which we esti- mate the truth of history. It is, therefore, needless to dwell upon the necessity of recording events in their day, lest the memory of them be destroyed by the tooth of time, or they lapse into tales and traditions."
A conviction of the truth expressed in this quotation has led to the preparation of the following history of the Albany Penitentiary; an institution which has attracted attention beyond the county and state in which it exists, and indeed beyond the United States; for persons belonging to different countries in Europe, have either visited it, or sought for information respecting its discipline and results. It seemed desira- ble, therefore, that now, while the facts are fresh in remembrance, or easily obtained, its history should be put in an accessible and permanent form.
While the author has availed himself, in its prepara- tion, of all the information he could obtain from persons acquainted with its origin and advancement, and
2
vi
PREFACE.
from its annual reports, he has been careful to weigh the opinions expressed, and to make that record which the facts and candor required. Some readers may think that he has given a flattering aspeet to the history, but he can truly say that this has been the farthest from his design; though he cannot disguise the fact that its investigation has greatly enhanced his estimate of the wisdom and ability of those who were prominently engaged in the establishment and sub- sequent government of the institution. To them the publie are very much more indebted than is generally supposed.
It will be observed that the statistics given, date from November, 1, 1848, the time when the building was surrendered, by the commissioners appointed by the legislature for its erection, to the joint authorities of the city and county. This was unavoidable; for though there had been received, from April, 1846, to that time, eight hundred and thirty-one convicts, who, as fast as cells could be constructed, were confined therein, yet they were not engaged in remunerative work, nor was the Penitentiary recognized as in exist- ence. Then it went into operation with one hundred and thirty-three prisoners under the oversight of regularly appointed Inspectors. And from that time it has exerted a wide spread and healthful influence. May it always continue to do so.
ALBANY PENITENTIARY.
ITS INCEPTION.
THE Albany Penitentiary originated in one of those conscious wants which social evils not un- frequently create, and which induce considerate and well disposed men to unite their efforts for its supply. Various causes had combined to augment the commission of crime in the city and county of Albany, and the expenses consequent on its punishment. This, at length, induced the inquiry among thoughtful and influential citizens; what can be done to lessen these evils ? and after much thought and discussion, the following resolution was adopted by the board of supervisors, May 10th, 1843:
" Resolved, That a committee of five be appointed by the chairman, whose duty it shall be during the recess of this board, to make a complete and detailed examination of all matters relating to the
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ALBANY PENITENTIARY.
expenses of this county, in order to ascertain if any reduction or reform can be devised consistent with the due administration of justice, the protection of property and the just compensation of its executive officers; to the end that such measures may be adopted as this board may deem necessary for a more economical expenditure of the public money."
The committee, subsequently appointed, con- sisted of the chairman, Messrs. Pruyn, Whitbeck, Van Schaack, Shaver, and Clark.
After "an intricate and laborious investigation" that committee made a report to the board on the 15th of the following December, in which they attributed nearly all the existing evils to the growth of petty crime, vagrancy and pauperism. It was stated that during the previous thirteen years, the criminal expenses of the county had swollen from about $8,000 to about $22,000 per annum ; that the support of the poor had grown from about $9,000 to more than $28,000 per annum ; and that while the population had not doubled in 28 years, the number of commitments to the jail, in one- half of that time, had quadrupled, with many other facts calculated to cause just apprehensions of the ultimate consequence of such a course of things if suffered to proceed unarrested.
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ALBANY PENITENTIARY.
Within a few hours after the presentation of this report, the board of supervisors adopted a resolution : "That the special committee appointed last May, for the purpose of ascertaining the causes of the increased expenses of this county be continued, and it is hereby requested to mature and present a plan for the retrenchment of pre- sent expenses, and to report to the board at a ses- sion to be held on the first Wednesday in February next."
At the time appointed, on the 7th of February, 1844, the committee presented, by their chairman, a most elaborate and judicious report. In it they recommended that an immediate application be made to the legislature of the state, then in session, for the enactment of a law rendering it imperative on the supervisors of the county of Albany, within a given time, to commence the erection of a Penitentiary within the limits of said county, on a scale suited to its wants, and sufficient for its prospective necessities; in which vagrants and convicts might be confined at hard labor, of a suitable nature, and sufficient for its own support. The Penitentiary to be built and constructed, so far as is practicable, by the labor of convicts themselves; and in its erection, control and manage-
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ALBANY PENITENTIARY.
ment to be under the concurrent jurisdiction of the supervisors of the county, and the common council of the city of Albany ?
They further recommended that "three commis- sioners should be appointed, of competent ability, to choose a proper site, and form a plan for the construction of the prison ; and who shall prescribe its discipline, management, classification, oversight, labor, instruction, etc., having in view the following requisitions :
First, That while the punishment inflicted shall be adequate to the offense committed, it shall also be such as will tend to effect the moral reformation of the convict.
Second, That the labor performed in the prison shall produce a sufficient income for its main- tenance.
Third, That the occupation of the prisoners shall be of such a nature as not to interfere with the lawful avocation of any citizen, and such as can give to the mechanics and citizens of our community no just cause of complaint whatever.
Fourth, That such moral and religious instruc- tion be provided as will be a powerful auxiliary in producing amendment and reformation."
These extracts will show the earnest and pro-
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ALBANY PENITENTIARY.
tracted attention the committee must have given to the subject, and the comprehensive, just, and practical views they possessed.
This report was unanimously accepted by the board of supervisors, and transmitted to the com- mon council of the city, so that, if approved by that body, measures might be immediately taken to carry into full effect, the changes and plans recommended.
The same day the common council considered the subject, and unanimously resolved to "concur in the views of the report of the committee of the board of supervisors in relation to reform, as con- nected with the administration of criminal justice, and in the plans and charges proposed, and will give their countenance and support to carry the same into effect."
As this was a matter of great importance, the common council determined, as a wise precaution, to associate their law officer with the commission- ers of the board of supervisors, in drafting a law to be presented to the legislature for its sanction, in accordance with the principles of the report.
It is highly gratifying to observe the unanimity and cordiality that marked the proceedings, in this matter, of these two public bodies. Not a
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ALBANY PENITENTIARY.
voice was raised against it. They rose above political prejudices and party distinctions, and unitedly sought the accomplishment of this much needed change. This indeed, seems to have been the disposition of the whole community. The committee said : "It enlisted the hearty good wishes of all. Nor has the interest thus evinced sprung entirely from selfish motives, but from the higher principle of desiring to arrest the ruinous tendency of the present state of things upon the public morals."
The legislature passed the bill designed to perfect this reform, April, 13th, 1844, and appointed com- missioners to carry out its provisions. Those commissioners were Samuel Pruyn, Lewis M. Dayton, Barent P. Staats.
As the majority of the legislature, that year, were politically opposed to a large majority in the board of supervisors, and in the common council, they chose to appoint commissioners in political sympathy with themselves. This at first occasioned unpleasant feeling, and might have had an injuri- ous bearing on the future interests of the institution. But, to the honor of the commissioners, it must be said, that one of their first acts was to decide that party politics should have no influence what-
13
ALBANY PENITENTIARY.
ever with either of them in the execution of their duties; and to this resolution they rigorously adhered, until they delivered up their trust on the completion of the work. They also frankly stated, to the board of supervisors, that without their full approbation and assent, they could not consent to retain the office to which they had been appointed by the legislature of the state.
This communication was made to the supervisors May 17th, 1844, when they unanimously adopted the resolution ; "That the board of supervisors of the county of Albany, have the fullest confidence in the commissioners appointed by the legislature in the act of 13th April, 1844, in relation to the erection of a Penitentiary in said county."
This was all they could desire. With satisfac- tion, and the confidence of all concerned, they entered on their work, which occupied the whole summer of that year. Their report was made to the board of supervisors, as required by law, on the 19th of the ensuing December, and it does honor to their industry, their faithfulness, and practical ability. In it they spoke of the almost insuperable difficulties which obstructed their pro- gress, the strong reasons which urged them for- ward, the prisons they had visited and examined,
3
14
ALBANY PENITENTIARY.
and the statistics which proved that there was as great a necessity for a Penitentiary in this county, at that time, as for a House of Correction in Bos- ton, or a State Prison in Connecticut.
Their remarks respecting the two prevalent systems of prison discipline in this country, are so just, and have been so influential on the institu- tion here, that they demand a permanent record.
"It is probably understood that a wide differ- ence exists in the treatment of convicts, in the different prisons examined by the commissioners, and that the two most prominent modes of disci- pline thus established, are distinguished by the terms 'Pennsylvania system,' and 'Auburn system ;' the former contemplates solitary confinement, at labor, and exclusion from the world, in its strictest sense; the latter, united labor, intercourse without oral communication, and solitary confine- ment only at night: there are minor points of difference, but these it is believed are the chief features which distinguish them from each other. Each of these systems has its friends and advo- cates, and at times sharp discussions, as to their respective merits, have ensued between them.
"The commissioners have taken this important part of the subject into deep consideration, and
15
ALBANY PENITENTIARY.
have arrived at (what they consider to be) the right conclusion : Every human being, no matter how depraved, has natural as well as civil rights. Whenever the rules on which the existence of the social compact depends are violated, society is justifiable in ejecting the transgressor from its privileges, until such time as penitence and re- formation may reasonably be expected to ensue, or as the nature and proper punishment of the offense may require. Gross, repeated and incorri- gible transgression renders it right and necessary that the offender should be excluded from society forever. Against such arrangements the culprit cannot object-they are reasonable, they are just-by his own acts he has either endangered or destroyed the happiness of his neighbor; and in consequence thereof, free communion with his fellow man must to a certain degree, be restrained. But it is not so with his inherent rights; over these society possesses no power; to control them is usurpation. Such punishments as degrade humanity, as cause severe physical suffering, extinguish hope and produce despair; such as render the better feelings callous, unhinge the reason and sink the human nature to the level of the brute, are alike incompatible with the
16
ALBANY PENITENTIARY.
natural rights of man, and with the laws of God. The tendency of the Pennsylvania plan, it has been alleged, is to produce some of these effects, and, if it be true, then the system is un- questionably wrong. But, be this as it may, the great expense attending the Pennsylvania mode, is such, as to render it (at least for the present), impracticable in the county of Albany.
"The commissioners have, therefore, decided to recommend the Auburn plan, frequently termed 'the silent system,' and to point out the Connecti- cut state institution at Wethersfield, as the pattern prison of that system-there, silence, order and industry are completely exemplified -the neatness, the cleanliness, pervading the whole establishment, exceeds the most perfect specimen that the com- missioners have ever witnessed even in private life; while the discipline of the convicts would perfectly satisfy the most rigid tactician.
"The financial management of this prison is of a remarkable character-it has not only paid all its expenses, but in seventeen years has accumulated a surplus of $93,000; during this time, besides the acquisition of property now on hand, appro- priations made for building county jails throughout the state, and donations for benevolent purposes,
17
ALBANY PENITENTIARY.
it has paid into the state treasury of Connecticut upwards of $43,000 in money, thus constituting it an important source of the revenues of that commonwealth : and this is but the least of the benefits it has conferred upon the state, its moral influence has been equally salutary, second com- mitments averaging but about five per cent, while third commitments are not to be found upon its records."
To this report the commissioners added, a few days after, another which was supplementary, in which they informed the supervisors that they had selected a site for the Penitentiary containing between ten and twelve acres of land, at a cost of three thousand six hundred dollars; "which for location, is all that could be desired, and having a more commanding and beautiful position than any other near the city." They gave also a de- tailed plan for the building, an estimate of its cost, and designated the number and character of the officers who should be employed.
These reports were submitted, as required by the law, to a joint meeting of the board of super- visors, with the mayor and recorder of the city of Albany. They took the following action thereon : "At a joint meeting of the board of supervisors
18
ALBANY PENITENTIARY.
of the county of Albany, and the mayor and recorder of the city of Albany, held as required by the law authorizing the erection of a Peni- tentiary in the said county, at the City Hall the 19th December, 1844, the mayor presiding and the recorder acting as secretary, the foregoing reports and statements were read and submitted, when the following resolutions were adopted with- out dissent :
"Resolved, That the reports now made by the commissioners appointed for that purpose, as it respects the location, plans and specifications for the construction of a Penitentiary in the county of Albany, be approved and adopted by this joint meeting; and that the said commissioners be and they hereby are directed to procure the site of said Penitentiary, and to proceed to construct the same, according to said plans and specifications, pursuant to the provisions of the act of the legislature of the state of New York, passed April 13th, 1844.
"Resolved, That the sheriff of the county of Albany be and hereby is, requested and directed to order and compel all persons who are or shall be, sentenced to imprisonment at hard labor in the jail of said county, to work and labor in and upon the building and construction of the aforesaid
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ALBANY PENITENTIARY.
Penitentiary, whenever the same is required of him in writing by the aforesaid commissioners ; and that the said sheriff shall use and employ all proper means to prevent the escape of said persons while employed at such work and labor, and pro- vide for their proper sustenance; and for the necessary expenses thereby incurred that he shall be allowed a reasonable compensation by the board of supervisors.
"Provision was also made in case any alter- ation or extension of the plans should at any time be deemed necessary by the commissioners, for the public interests; that then the mayor, the chairman of the board, and the supervisor of the second ward, all ex officio, should be a committee to consider the same, and the decision of a majority of the committee relative thereto should be taken and considered as the act of the joint meeting done at that time."
Thus harmoniously and effectually were all the measures in this important enterprise adopted.
20
ALBANY PENITENTIARY.
ITS ERECTION.
THE way having been thoroughly prepared, the commissioners proceeded to their work. But, not being practically acquainted with prison keeping, nor many of the details required in the erection of such a building, and which only an experienced man would understand and know how to secure ; they determined, with characteristic wisdom, to save themselves from mistakes, and the county from useless expense, by securing, first of all, a Superintendent who had proved himself a thorough Prison Warden ; and who, by long and particular attention, understood just what was necessary, and how to avail himself, in the construction of a new building, of the knowledge experience had sup- plied.
Happily in this they were successful. Provi- dence at that time had placed Amos Pilsbury, Esq., who for more than seventeen years had been the successful Warden of the state prison in Wethers- field, Connecticut, open to such a call. He was
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ALBANY PENITENTIARY.
consequently most cordially invited to accept the office. This invitation he accepted, and removed to Albany, July, 1st, 1845; an event which glad- dened the hearts, and strengthened the hands, of the commissioners; and has proved of lasting service to this community and state.
As the piece of land previously mentioned had just before been bought, and the plans were drawn for the building, the work was soon commenced. The site, though remarkably fine, was yet very broken ground; its surface quite uneven, and much labor was required to make it fit for its intended use. This labor was, however, easily and cheaply secured. For it was determined, from the first, that the work of erecting the Penitentiary should, so far as practicable, be done by the con- victs found in the county jail. They were, there- fore, marched from that place to the Penitentiary ground, a distance of near a mile, every morning, and returned thither again at night. This course necessarily prolonged the time required for its erection, but it saved expense to the county, and exacted labor from those who, by crime, had made themselves a public charge.
In November, of the same year, just as the south wing, designed for male convicts, and com-
4
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ALBANY PENITENTIARY.
prising ninety-six cells, was on the eve of completion, the outer wall of fifty by one hundred feet, was for the greater part blown down by a violent tornado which then occurred.
During the preceding week, the Superintendent, from a regard to the comfort and health of the prisoners who were working inside, had the large openings for windows temporally closed because they suffered from wind and cold. Thus the wall presented an unbroken front, and though it was thought to be firmly supported inside, the violence of the storm was so great as to level it with the ground.
Notwithstanding, on the 17th of the ensuing April, 1846, that wall was rebuilt, and the wing so far completed as to be opened for the reception of prisoners, and those then in the jail were transferred thereto. Thus long before the completion of the building, it was made to serve the end designed. For just as fast as the cells were finished, the convicts who had aided in their construction became their tenants. Step by step, as the building grew, it was inhabited, until the whole was finished.
In June, 1847, the northern wing was so far finished as to allow the admission of females, and
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ALBANY PENITENTIARY.
on the first of November, 1848, the entire structure was so far completed, that its history as a Peni- tentiary then commenced; though eight hundred and thirty-one convicts had been previously admit- ted of whom one hundred and thirty-three then remained. Then the commissioners regarded their obligations as fulfilled, and they only waited for the meeting of the proper authorities to surrender it, and their public trust therein.
On the 26th of the following December, a joint meeting of the board of supervisors of the county, and the mayor and recorder of Albany was held, when a committee previously appointed, at the request of the commissioners submitted the follow- ing report :
"The committee appointed by the joint meeting of the board of supervisors of the county of Albany, and the mayor and recorder of the city of Albany, held 6th of July last, under the provisions of the act of the legislature, passed 13th of April, 1844, to examine the accounts and doings of the commis- sioners named in said act, to construct a Penitentiary in the county of Albany, respectfully beg leave to report :
" That they have fully investigated the same, and find that the county treasurer has paid, upon
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ALBANY PENITENTIARY.
the order of the said commissioners, to the owners and lessee of the land purchased for the site of the Penitentiary, the sum of $3,212.72, and that the title, deeds and release therefor to the county have been duly executed and recorded in the county clerk's office ; that an abstract of the title accom- panies the same, and that the consideration money named in the conveyance, for said land corresponds with the sum paid for the same by the county treasurer, upon the aforesaid drafts of the com- missioners.
"Your committee also report, that the county treasurer has paid to the commissioners, the further sum of $35,350, for the building and construction of the Penitentiary ; and that the commissioners have exhibited an account (a copy of which is hereto annexed), stating how and in what manner the same has been expended. They have also furnished satisfactory vouchers, receipts and evi- dences, to show that the aforesaid amount has been appropriated for the construction of the Penitentiary, and for no other purpose.
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