History of the Albany penitentiary., Part 7

Author: Dyer, David
Publication date: 1867
Publisher: Albany, J. Munsell
Number of Pages: 288


USA > New York > Albany County > Albany > History of the Albany penitentiary. > Part 7


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It is now proposed to make. when the funds of the Institution will allow. a considerable addition to the wings of the main building. This also is greatly needed, for there has lor: been an insuffi- cient number of cells for the proper accommoda- tion of the prisoners. When this is done. there will. apparently, be little left in these particulars


ALBANY PENITENTIARY. 133


to be desired; and both the Superintendent and authorities may congratulate themselves on the great object secured. The entire building will then stand as a monument to his practical wisdom, exclusive devotion, indomitable perse- verance, and unblemished integrity; and as an example of their readiness to trust a faithful public servant, and to do what is required for the public good.


18


134


ALBANY PENITENTIARY.


COMMITMENTS AND DISCHARGES.


IT is necessary to a complete history of the Albany Penitentiary, that some particulars should be given respecting those who have been sent there during the eighteen years of its existence. The following statement will show how many were received in each year, their sex, age, educa- tion, habits of life, social state and nativity. It will also indicate, generally, the character of their crimes, the terms of their sentences, and the man- ner of their discharge. From it will be seen that near one-third of the whole number could not read; more than one-half could not write, and not far from ninety out of every hundred were intempe- rate. But fewer still, it is believed, had regularly attended religious worship. While this statement will suggest many valuable thoughts to the patriot and the philanthropist, it will be found essential to the formation of a correct estimate of the management and results of the Institution.


Tabular Statement of Convicts Received.


SEX.


AGE WHEN COMMITTED.


EDUCATION.


HABITS OF LIFE.


SOCIAL STATE.


NATIVITY.


WHOLE NUMBER.


MALE.


FEMALE.


UNDER 20.


20 TO 30.


30 To 40.


40 TO 50.


OVER 50.


Nor READ.


READ.


READ AND


TEMPERATE.


INTEMPERATE.


SINGLE.


MARRIED,


NATIVES,


FOREIGNERS.


1849


408


308


100


77


136


94


68


33


133


80


195


74


334


211


197


172


236


1850


498


359


139


86


173


113


86


40


165


127


206


47


451


226


272


214


284


1851


627


443


184


97


214


153


97


66


185


165


277


65


562


283


344


270


357


1852


759


540


219


108


261


174


143


73


214


216


329


25


734


393.


366


313


446


1853


722


534


188


151


210


178


105


78


255


159


308


27


695


389


333


279


443


1854


672


513


159


115


216


154


133


54


223


143


306


38


634


338


334


257


415


1855


801


593


208


130


269


217


132|


'53


301


203


297


30


771


430


371


302


499


1856,


990


741


249


123


322


249


185


111


293


211


486


107


883


493


497


385


605


1857,


1,187


903


284


143


345


313


229


157


324


239


624


144


1,043


533


654


416


771


1858


1,150


878


272


158


359


296


192


145


342


282


526


193


957


548


602


414


736


1859,


1,207


953


254


125


380


296


252


154


331


302


574


128


1,079


680


527


410


797


1860.


1,484


1,172


312


157


432


407


283


205


397


346


436


751


82


1,451


886


647


502


1,031


1862,


1,090


758


332


137


347


280


201


125


330


279


481


154


936


556


534


435


655


1863,.


1,133


760


373


131


361


272


202


167


371


268


494


86


1,047


614


519


481


652


1864


687


425


262


124


224


161


98


80


192


165


330


128


559


349


338


321


366


1865


892


643


249


187


394


182


58


302


154


436


289


603


568


324


516


376


1866.


934


716


218


195


388


163


114


74


395


170


369


283


651


581


353


566


368


Total,.


16,774 12,410 4,364 2,397 5,496 4,104 2,915 1,862 5,099 3,948 7,727 1,982 14,792|8,810 7,964 6,761 10,013


ALBANY PENITENTIARY.


135


752


508


976


1861,


1,533


1,171


362


153


465


402


324


189


349


738


82


1,402


732


WRITE.


YEAR.


136


ALBANY PENITENTIARY.


Crimes, Sentences, Discharges.


CRIMES.


Crimes against the person, - 2,484


66 property, -


3,747


66


66 the government, 366


66


66 public order, 10,177


16,774


SENTENCES.


Ten days and less than three months, - 7,400


Less than six months, - -


4,811


Six months and less than one year, - 2,728


One year and less than two years, - 1,097


Two years to life, - -


738


16,774


DISCHARGES.


By order of Court or Magistrate,


365


Pardoned by the Governor, - 333


Paid fines, -


611


Died, -


149


Transferred to Alms House, - - -


22


Lunatic Asylum, -


8


House of Refuge, - 1


66 State Prison, -


-


4


Carried forward, - 1,493


137


ALBANY PENITENTIARY.


Brought forward,


1,493


Pardoned by the President, - - 134


Discharged by order of President, -


41


Sec'y of War, - 179


" Navy, 37


habeas corpus, -


-


17


66


certiorari, - - 58


Escaped while at work on the grounds


outside, - - - - - - 5


Discharged by expiration of sentence, 14,289


16,253


In confinement October 31, 1866, -


521


16,774


In the first table a summary is given of the nativity of the Penitentiary convicts, but, as only six thousand, seven hundred and sixty-one, or little more than two-fifths, were born in the United States, it will be interesting to know from whence the others came. The records of the Institution supply this information.


Born in Ireland, - - - 7,571


" England, -. 666


" Scotland, : - 391


Wales, 23


Carried forward, - 8,651


138


ALBANY PENITENTIARY.


Brought forward, 8,651


Born in Canada and adjoining pro-


vinces, - - -


- 511


" Germany, - 632 -


France, -


104


66 Italy, - - -


24


" Switzerland, - -


16


Belgium,


15


Holland, -


12


66 Prussia, 8


Poland, -


8


Spain, -


5


Sweden, -


-


4


" Denmark, -


3


" Portugal, -


2


"


Hungary,


2


" East Indies, -


2


66 West Indies,


2


Mexico, - -


2


66 Cuba, -


1


" Austria, - -


1


Persia, -


1


" Africa, - 1


" At sea and places unknown, - 5


Total, 10,013


139


ALBANY PENITENTIARY.


Thus it will be seen that, excepting the native born, many of whom were the children of foreign parents, those convicts have come from twenty- five different countries, and from the four quarters of the globe.


It will be observed by the second table that one hundred and forty-nine of the sixteen thou- sand, seven hundred and seventy-four persons confined in the Penitentiary have died during the eighteen years of its existence. This is less than one per cent of the whole number, a fact which is certainly noteworthy when it is remembered that a very large number of the men and women who have gone there were reduced by intemperance and poverty to great debility, and not a few were the victims of disease. Still the proportion would have been less but for special causes which have operated, more or less, during the last four years. These were the prevalence, in the early part of 1863, of the small-pox, and again in 1866, the small pox and typhus fever, both of which were brought here from Washington, and which proved specially fatal among the colored prisoners. The skillful physician, who has had charge of the In- stitution from its origin, said in his report for that year : "Hitherto the Penitentiary has been,


140


ALBANY PENITENTIARY.


to a remarkable degree, fortunate, in respect to the health of its inmates, and the visitation of the more malignant forms of disease. But during the last year we have had not only a large increase of sickness, but many deaths. The number of con- victs who have died during the year is forty-three ; of whom twenty-nine were colored, and fourteen whites. Thirty-six of these were males and seven females.


"The condition of the colored people on arriving here was such that the larger number required immediate medical treatment; and nearly all were affected by languor and debility. Under such circumstances, typhus and small-pox, of course, presented their worst aspects. Among them both diseases were marked by a degree of malignity before unknown in my experience. And this class of patients, with only occasional exceptions, almost on the first attack fell into a state of exhaustion, from which it was extremely difficult to restore them."


It must also be added as another reason for the increased mortality during the last four years, that a considerable number of the other prisoners who were in the army, and served in the southern states during the war, returned, enfeebled by


141


ALBANY PENITENTIARY.


intemperance and disease, subject to chronic diarrhea, and pulmonary complaints which, in several cases, issued in death. In view of these facts it will appear that the sanitary condition of the Penitentiary has been permanently good.


19


142


ALBANY PENITENTIARY.


RECEIPTS AND EXPENDITURES.


A JUST estimate of the results of the Peniten- tiary in reference to these particulars cannot be formed without regarding the hinderance which has continually existed to greater financial success in the very large number of short term prisoners who have been sent there. This has been so influential as to threaten at times not only an absorption of all the earnings of the Institution, but a serious draft on the county treasury. And the belief is entertained that but for the execu- tive skill displayed in the management of its affairs, this evil would have actually occurred.


It will be seen by the second table in the pre- ceding chapter that of the sixteen thousand, seven hundred and seventy-four prisoners sent to the Penitentiary, there were seven thousand, and four $ hundred sentenced for terms varying from ten days to three months. Those, it must be remem- bered, were for the most part convicts whom the contractors would not accept. Consequently ex-


143


ALBANY PENITENTIARY.


cept as they were needed to labor on the building or the ground around, they were a tax on the industry of the Institution.


This hinderance has been deeply felt and deplored by all concerned in promoting its effi- ciency. The Inspectors repeatedly called the attention of the joint authorities to it. In their report for 1852 they said : "That state prisons have sometimes shown a self-supporting ability, is not so remarkable; but, that the inmates of an establishment like the Albany Penitentiary, com- posed of the vilest dregs of society, the rakings of the gutter and the brothel, the profligate, and even the diseased -more fit for the hospital than a work house - destitute, half naked, and sentenced often for a term scarcely sufficient to work off the last debauch - who must be fed and nursed, and sent forth again, perhaps in a few days, fully clothed - that such a class, so circumstanced, can be managed in such a way as to rid community from the burden of their maintenance is certainly a wonderful achievement in political economy."


In 1855 they said : "Since the enactment of what is termed the prohibitory law, a new crime denominated 'Public Intoxication,' punishable by ten days' imprisonment, has been instituted ;


144


ALBANY PENITENTIARY.


the practical effect of which has been detrimental to the pecuniary interests of the Penitentiary. With the law itself the Inspectors have nothing to do, whatever their individual opinion of its merits or demerits may be, it is not their purpose or office to discuss the matter here, except as this feature of it affects the interests of the Peni- tentiary. Since the 9th day of July last, seventy- four persons have been sentenced to imprisonment in the Penitentiary, for ten days each, for the crime of 'public intoxication,' and to this num- ber can be added nearly as many more for the same offense, whose term was extended to one month by the magistrates committing them, for reasons unknown to the Inspectors, but which are doubtless right and proper.


"Some of these as individuals, and all of them as a class, were formerly committed as vagrants and disorderly persons, for periods varying from three to six months. Now they mostly come as ten-day men, in a filthy, ragged state, merely to be cleansed and clothed. Before they are able to perform any remunerating work, and by the time the effects of their drunkenness are somewhat worn off, their terms expire, and they leave the prison, usually carrying with them some of the public property


145


ALBANY PENITENTIARY.


in the shape of clothing, for they can not be decently discharged otherwise. This is a tax upon the Penitentiary funds without the slightest equivalent.


"Formerly, this class of persons could and did earn something to compensate for their sub- sistence. Now, they not only fail to earn any- thing, but have to be lodged, fed and attended by the physician, and then cost the county more or less, besides, according to the condition of their wardrobe.


The following year they spoke again in these plain terms : "Not less than two hundred persons have been sentenced to confinement in the Peni- tentiary during the last year for the crime of public intoxication, for periods of ten, and twenty to thirty days each. Somehow or other, they come in in droves, in the beginning of each month, when the courts are held, and their terms of imprisonment mostly expire before the month is out, and so it goes on over and over again. Were the average struck daily instead of monthly the problem would at once be solved. Not one of these persons can earn a cent, but have to be taken care of at the public expense. No law could have been framed, which could be worse in


146


ALBANY PENITENTIARY.


its practical effects, than that which sends these people to the Penitentiary. While it incarcerates them ten days in a prison for drunkenness, it neither does them nor any one else any good what- ever. The time is entirely too short for cure or reformation, and as a matter of pecuniary economy, the county might rather place a five dollar bill in the hand of every one of these convicts and tell them to go about their business, than to take them into the Penitentiary."


As the number of such convicts continued to increase, the Inspectors said in 1857: "Three hundred and nineteen persons have been sentenced to the Penitentiary during the past year, for terms of ten days each, for the crime of public intoxi- cation, costing the county, while there, at least fifteen hundred dollars in cash, without earning one cent, or being benefited themselves in the least degree thereby. This is, in fact, turning it into an inebriate hospital, without any of the advantages that such an Institution might be supposed to have, for the law discharges the patient before the slightest cure can be effected, or even before it can be attempted. Some of these individuals have been received and dis- charged eight and ten times during the year, and


147


ALBANY PENITENTIARY.


scores of them have been in and out from three to six times each."


Of the one thousand, one hundred and fifty pri- soners received in 1858, four hundred were sent for ten days; a tax of $2,000 for that single year. Of one thousand, two hundred and seven received in 1859, five hundred and thirty-seven were of this class ; and in 1860, eight hundred and twenty-three, out of one thousand, four hundred and eighty-four.


At this time the "hinderances and difficulties" thus occasioned, had become so burdensome and threatening, that the Inspectors, in a very decided and earnest manner, told the joint authorities that if they were continued a change of a permanent character in the Institution would be required. They said : "The operation of this law perverts the object for which the Penitentiary was esta- blished. Instead of being as it was, and should ever be, a penal and reformatory Institution, we fear it will become a mere asylum for drunkards, not for their cure or reformation, but simply a place affording them time for recuperation at the public expense and to enable them to sleep off the effects of one debauch in order immediately to enter upon another. Eight hundred and twenty- three cases of drunkenness, subject (according to


148


ALBANY PENITENTIARY.


the present practice) to confinement in the Peni- tentiary, mostly for terms of ten days each, have occurred during the past year; being more than one-half of the whole number of prisoners received during that period, and greater than the whole number of commitments to the Prison in any year previous to the passage of the law referred to. During the first year after the enactment of that law, viz: in 1855, the com- mitments to the Penitentiary for the crime of public intoxication-the penalty, a fine of ten dollars or imprisonment for ten days -were seventy-four; 1856, two hundred; 1857, three hundred and forty-three; 1858, four hundred ; 1859, five hundred and thirty-seven; 1860, eight hundred and twenty-three.


"Comment is unnecessary. These are the facts, and when it is understood that a prisoner sen- tenced to the Penitentiary for a period less than three months can not earn sufficient for his own maintenance, or derive any personal or moral benefit whatever, the difficulties of which we have spoken will be very apparent.


"Nor is this all. A continuous succession of these convicts enters the Penitentiary, generally in a filthy state, often covered with vermin, from


149


ALBANY PENITENTIARY.


which there is scarcely time to relieve them dur- ing their brief stay. Thus, besides the cost of their food, clothes and lodging, the means of the Penitentiary must also be used to procure and pay extra attendants for this special service. The time of the physician is also severely taxed. He states in his report that he has treated one hundred cases of delirium tremens among this class of prisoners during the year. The discipline too of the prison is embarrassed and weakened, for these people can not be placed in the dormi- tories occupied by the other convicts, nor in the work shops (even if they could be employed there), or the establishment, in spite of every effort, would be overrun with vermin. Indeed the only annoyance of that nature ever experi- enced in the Penitentiary, has been introduced by this description of convicts. If the existing practice in regard to cases of this kind, is to con- tinue, separate and distinct quarters of a perma- nent character will become necessary for their accommodation."


A glance at these statements is sufficient to convince every individual that the reception of so many prisoners for such short terms must not only have caused great inconvenience, care and


20


150


ALBANY PENITENTIARY.


labor, but have materially lessened financial pros- perity. Notwithstanding, signal success in this particular, has been realized, beyond indeed that of any other penal institution of the kind in this country or in Europe.


The following statement will show the annual earnings and expenditures of the Penitentiary from its commencement, to October 31, 1866, the close of its eighteenth year :


For year ending


Earnings.


Expenditures.


October 31, 1849,


$5,135 90


$8,896 83


" 1850,


9,810 51


10,261 42


66 1851,


12,151 99


11,138 92


"


1852,


16,595 71


14,285 65


66


" 1853,


18,117 18


15,038 12


66


" 1854,


16,300 42


14,755 20


66


" 1855,


18,174 25


15,587 72


66


1856,


18,345 98


15,167 94


66


1857,


21,098 25


18,945 49


66 1858,


8,446 85


18,434 36


66


"


1859,


18,119 06


13,562 45


66


1860,


18,387 90


14,316 71


"


1861,


15,343 33


14,295 26


66


" 1862,


18,176 30


14,661 17


66


66 1863,


42,048 82


24,524 60


66


1864,


53,926 44


33,552 99


66


" 1865,


67,648 32


46,268 28


66


"


1866,


76,975 32


52,562 83


151


ALBANY PENITENTIARY.


Total earnings in eighteen years, $454,802 53


expenditures, - - - 356,253 94


Net balance, - - - $98,548 59


To leave the financial results of the Peniten- tiary at this point would neither be satisfactory nor right, for they further indicate an advantage to the county of Albany which may justly occa- sion gratulation and pride. When its establish- ment was first proposed, its advocates thought that if after a few years it met its own expenses, in addition to the care and board of the prisoners from this county, a great object would be achieved, and when this was accomplished the Inspectors justly congratulated the joint authorities on the fact. But the Institution has long since gone beyond this and has been a source of accruing wealth to the county.


Mr. Pruyn and his associate Inspectors esti- mated that the building including the land, origin- ally cost the county $50,000. not reckoning the labor of the convicts who were employed in the work ; if to this amount is added, grants since made to meet deficiencies in income in 1849, 1850, and 1858; also, to make improvements in buildings and land, and to pay the salary of the


152


ALBANY PENITENTIARY.


Superintendent, who, from the first, has been a county officer, $75,000, which is supposed to be beyond the sum, then the entire cost of the whole to the county, with all the property belonging thereto, is $125,000.


Now what has the county received in return ? The following will show :


First, It has had kept and boarded, from No- vember 1, 1848, to October 31, 1866, eleven thousand six hundred and forty-two prisoners for the average term of eight weeks, which is a low. estimate, at $1.25 per week (the price paid to the sheriff of the county before the Penitentiary was built), $109,143.75.


Second, It has been saved one-third additional estimated expense, which must have been incurred for medical attendance, salaries of officers, im- provements and repairs of buildings, $29,105.


Third, It has the Penitentiary land and build- ings, which are estimated to be worth at the very lowest sum, $150,000.


Fourth, It has property belonging thereto comprising prison furniture, fuel, oil, horses, carriages, bedding and clothing, provisions and stores of different kinds, stock, tools, machi- nery, the apparatus of the whole establishment,


153


ALBANY PENITENTIARY.


debts and cash on hand, the value of all which was, October 31, 1866, $80,474.27.


Total, - - $368,723 02


Amount of county expenditure, 125,000 00


Present balance in favor of the


county, ~ - $243,723 02


We repeat the words of the Inspectors, uttered several years ago: "Leaving all moral influences and effects entirely out of the question, and view- ing it only as a simple financial matter, the whole project has been a perfect success, and it is doubt- ful if any municipal enterprise here, or any where else, has ever equaled it, or can show similar results."


154


ALBANY PENITENTIARY.


SEVERANCE FROM POLITICS.


IT has been truthfully said that : "One feature in the administration of the Albany Penitentiary merits special mention and universal imitation. No political consideration, no merely party ques- tion or motive is allowed the slightest weight in the appointments to office, or in the conduct of the Institution. The total exclusion of party politics from the management of the Peniten- tiary, and personal fitness for the duty in every appointee, were principles, 'settled and resolved upon by the commissioners, before a stone of the edifice was laid.' These views were adopted and fully carried out by the Inspectors, and also by the larger board of supervisors. This was the main cause of their great success." The correct- ness of these assertions has been substantiated by the entire history of the Institution.


One of the first acts of the commissioners ap- pointed by the legislature to build the Peniten- tiary was to decide "that party politics should have


155


ALBANY PENITENTIARY.


no influence whatever 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. When it is understood that the majority of the commission was then politically in opposition to a very large majority in the board of supervisors, and in the common council, and that they were likely to remain in that relative position for many years; and that they were clothed with absolute extraordinary power, rendering them entirely independent of either of these bodies, it is evident their sole object in adopting this course, was the general good irrespective of party considerations."


Having made this decision they frankly stated the same to the supervisors and added, "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." On the receipt of this communication, the board of supervisors unanimously resolved, "that they have the fullest confidence in the com- missioners appointed by the legislature in relation to the erection of a Penitentiary." Thus sus- tained, they entered with cheerfulness on their work, and with a rigid determination to maintain


156


ALBANY PENITENTIARY.


their purpose. They said, reviewing their course of action : "The political preferences of no indi- vidual who aided in the construction of the Penitentiary, was ever inquired into or cared for. It was sufficient alone to know that his terms and services best subserved the interests of the county and the object in view. In their first report, and before any particular individual was thought of, they advise in substance, that the officer placed at the head of the Penitentiary, should be put beyond the reach of removal on mere political grounds, that he ought to be assured that he holds his office by quite a differ- ent tenure than mere political favor, and, that however unpopular or unpalatable such a recom- mendation may be with warm political partisans, it is nevertheless essential to the success of the enterprise."


But for the broad and practical recognition of this principle the services of Amos Pilsbury could not have been secured, for his previous experience and matured judgment had assured him of its essential importance.




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