e from all the rest, and be confined both day, unable to find the report of these gentlemen; but d nightin solitary cells. The second class con- I am very sure, from undoubted testimony, that ted of less heinous offenders, who were to be much of the alleged cruelty was true, and that fined for three days in the week in solitary our prisons at that time, were literally "habitals, and for three days in silent associated la- tions of cruelty" and that the only effect of the г. The third class was to consist of the discipline, was to convert bad men into absounger and less hardened class of offenders lutue demons. The prison at Sing Sing having been no were to be confined during the night in sep- completed for the reception of prisoners in 1828, ate cells, but who were to be employed in the commissioners were authorized to transfer ent associated labor every day in the week ex- the male prisoners from the New York prison pt Sundays. This law, so wise and so and to contract with the common council of New nevolent in its inception was never exe- York for the care and custody of the female conted, it added very considerably to the victs, and they were directed to prepare plans for oors of the officers, and as the inspectors did a female prison at Sing Sing to be submitted to ›t trouble themselves about the enforcement of the next Legislature. These plans were accordthe keepers were quite willing to spare them-ingly made. The Legislature did not make an ap Ives the trouble of carrying it into execution.propriation, but under the intelligent suggestion le complaints respecting pardous were not of its committee upon that subject, adopted a resoated by the legislation of 1821, and in 1822 the lution requiring the commissioners to inquire gislature passed an act requiring the judges to whether some place could not be found contigu. camine their notes of trials from time to time, ous to a populous village where the female prisd write opinions as to which prisoners should oners might have employment and moral instruc› recommended for pardon. Such opinions were tion and the superintending care of benevolent be filed in the office of the prison and to be females. There was much difficulty in relation to rnished by the clerk of the prison to the Gov- the female prison and to the management of nor on application. This was found to involve female prisoners generally. They were not kept greater amount of labor than the judges could steady at work like the men, and there was little rform, and the provision, though never repealed, discipline in the prisons where they were conas suffered to fall into disuetude. The author- fined. They were constantly quarreling and fight7 which had been granted to the keepers, to ing, the air around them was thick with curses, se the lash, and the admission of contractors blasphemies and the most revolting and licontious d their agents into the prisons, had now began conversation. A woman who had served out her > manifest their legitimate results in producing term there was ready for murder or any evil frightful amount of petty tyranny and revolting work that the devil could suggest. In 1835 the ruelty. Dark tales were in circulation how men agent of Sing Sing prison was directed to build a ad been driven to idiocy and insanity and suicide female prison at that place, and all the female y a refinement of cruelty which would have prisoners in the State were required to be sent to een considered harsh, even in the city of Algiers. it as soon as completed. When the prison was ne Legislature therefore determined to institute ready for the reception of prisoners in 1837 this a inquiry into these alleged abuses, and appoint-provision was carried into effect, and it has ever d Stephen Allen, Samuel M. Hopkins and since continued to be the female prison of the reorge Tibbets, commissioners, who were required State. The mechanics of the State had always > visit the prisons at New York and Auburn looked upon the prisons with an eye of jealousy, > inquire into all their affairs, to compare and now each year increased their aversion to the heir respective systems of discipline and to re-employment of the prisoners at trades, which they port to the Legislature such amendments of the believed had a tendency to reduce their own aw as they might deem necessary. I have not wages. The Legislature, as each succeeding year geen able to find the report of this commission, rolled round, added new provisions which they put in the following year-1824-the same thought might relieve the evil. New trades were gentlemen were appointed to build a new prison introduced into the prisons, different from those Sing Sing, and $70,000 was appropriated for carried on in the State. Plantations of mulberry be purpose. As this was the only important leg- trees were made at the prisons with a view to slation on the subject during this session, I in the manufacture of silk. The officers were proer that this was the principal recommendation hibited, under severe penalties, from entering into of the commissioners. As charges of great cru- contracts for labor at the prohibited trades, and alty continued to be brought against the prison various other means were ineffectually resorted officers, the Legislature, in 1826, directed the com- to to calm the popular excitement. In 1842 the missioners for the building of the Sing Sing pris- Governor, Secretary of State and Comptroller, on to visit Auburn and inquire into the abuses were directed to appoint commissioners, who which were alleged to exist there, with respect were to inquire whether mining and smelting to excessive flogging, and depriving the sick of operations can be carried on upon any of the State hospital privileges. They were also specially lands by the convicts, they were also to inquire charged with the duty of examining into certain into the expense of locating such lands and the cases of alleged improper conduct of the inspec- expense of building a prison. On the report of tors in trading with prisoners, and in corruptly these commissioners in 1844 a law was passed appointing improper persons as officers. They establishing such a prison in Clinton county, and were also directed to inquire into the causes of its erection was at once commenced by a draft of the death of Rachel Weecks, who had recently two hundred of the worst convicts in Sing Sing. ied in the prison. I regret that I have been They were taken to Dannemora and encamped in the heart of the wilderness, where they built a problem which it is our duty to solve. Web prison almost wholly by their own unaided labor. some thousands of vigorous, active men, i This prison was ready for occupation in 1846, and prime of life, without principles, ready has ever since been principally devoted to the kind of assault upon either property or perc mining of iron ore and the manufacture of iron. that may be suggested to them; they have On the 1st day of January, 1847, the new Constitu- educated by long practice to a high degre tion went into effect, by which the whole manage-skill in making those assaults successful ment of the prisons was committed to a board of in concealing their participation in them three inspectors, one of whom was to be elected know no other kind of life and are united annually. The prison association, in the early part be successful in any other. We have conce of that year, prepared an elaborate code of prison large class who do not desire to lead a discipline, which was adopted by the Legislature, life, and who would greatly prefer to wak with three important additions. By the first, the paths of honesty, if they could do so; but use of the lash was utterly prohibited in all the are affected with a congenital feebleness er. prisons. By the second, teachers were to be ap- which unfits them to resist temptations-the pointed to instruct such prisoners as were unedu- ment they are assailed by temptation the cated, in reading, writing and arithmetic. By the Such being the facts, is not our so-called pa third, it was made the duty of the inspectors to system simply ludicrous? How can we build twenty cells at Sing Sing, ten at Auburn that keeping men in narrow cells, excep and five at Clinton, each containing 996 cubic feet they are engaged in silent and monotonous à« of clear space, to be used for the solitary confine- will make unprincipled men conscientious: T ment of such prisoners as were habitually diso-make ignorant men intelligent; will make e bedient to the rules of the prison, and who could volitions strong; will help men who do not not with safety be kept in association with others. how to make an honest living, to become This last provision has been utterly ignored by cessful in an honest struggle for life. We se every successive board of inspectors since that glance that the remedy has no sort of relatos v time, to the great damage of the State and the the disease, That we have no right to e great detriment of the discipline of the prisons. that this method will either deter others fre The only important change in the discipline of commission of crime, or reform those who bo the prisons, made since the adoption of the Con- been already guilty of it. This point beize stitution of 1846, has been the re-enactment of tablished, wo are under the necessity of inthe principle of the law of 1817, by which good earnestly for a more excellent way. The conduct on the part of the prisoner is made to of the sluggard has always been, "What = earn a remission of a part of his sentence. This be cured must be endured." The earnest change was made at the instance of the prison man has always reversed the idea, and bas association, earnestly and ably supported by Gov-"that what can't be endured, must be 12. ernor Seymour. The law was enacted in 1863, the system we are in search of must p and, as amended by the act of 1864, it provides above all things, for teaching the convict that entire good conduct on the part of a prisoner earn an honest living. This implies a cults shall earn a remission of one month for each of the head and heart as well as of the b year during the first two years; two months on To make a living out of any trade it is as esse each succeeding year until the fifth year: three for a man to know how to dispose of his months on each following year until the tenth as it is to know how to fabricate them. He year, and four months on each succeeding year learn how to keep accounts, how to judge ak of the term. No measure ever adopted has quality of the raw material; where and howworked so much unmixed good as this has done. can procure it to the best advantage. Cur From this summary statement of the legislation ers are attracted by pleasing manners, of this State in relation to prisons, it will be seen are repelled by coarse and vulgar conduct. Ea that its criminals are subject to one uniform and expect him to succeed, we must cultivate unvarying system, without any thought of indi- manners as much as we train him to vidual adaptation. The good and the bad, the ual dexterity. We all know that the old and the young, are mixed together in one course of society is hedged about Fmass; the gentle and the froward receive pre- irresistible laws; if those laws are ex cisely the same amount and kind of punishment. our relations with society are peacef There are no earnest, well-directed efforts to en- pleasant, if they are violated a penalty is er lighten their ignorance or to stimulate their out of every violation, with absolute and une moral affections. All who enter these walls certainty. I say, sir, that we know that s are compelled to work all day, and be confined the case, but the criminal knows nothing in a narrow cell all night. They are allowed to kind; he sees no sequence of cause and listen to one sermon on Sunday, and those who between the social law that he has violated Edesire it may spend one hour in the Sabbath the misery of which he is so painfully school. The only inducement held out to them Any system which is truly remedial must voluntarily to co-operate in promoting their own the criminal thoroughly acquainted with reformation, is the law of 1864, to which we social laws, and with the inevitable pea have just alluded. This is all there is of the which God has annexed to their violation. T let us pause for a single moment, and ask our- and discipline that they can understand and boasted Auburn system. Now, Mr. President, must show them, through a system of instruc selves the question, whether these simple and un-preciate, that "honesty is," really and truly meaning provisions meet the conditions of the best policy," that every violation of the soc INDEX. OLISHMENT OF COURT OF APPEALS, Resolution in reference to, 233. OLISHMENT OF OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION, Resolution in reference to, 193. OLISHMENT OF OFFICES, Resolution in reference to, 217, 351. OLISHMENT OF SCHOOL COMMISSIONER, Petition in reference to, 895. SENTEES, Resolution in reference to, 412. Resolution in reference to pay of, 2779. Resolution requesting Secretary to notify Resolution requesting to resign their seats, 2815. OCUSED PERSONS. Resolution in reference to testimony of, 135, 149. OTIVE MILITIA, Resolution of inquiry to committee on militia and military officers in reference to, 145. DDRESS OF PRESIDENT, On taking the chair, 19. At close of proceedings of Convention, 3950. DDRESS TO PEOPLE, SHOWING CHANGES IN CONSTI TUTION, ADJOURNMENTS OF LEGISLATURE, Amendment of Mr. Hitchcock in reference to, 3594. Amendment of Mr. Ketcham in reference to, 881. Amendment of Mr. Van Campen in refer ence to, 3594. Resolution of instruction to committee on revision to amend article on organization of Legislature in reference to, 3594. Resolution in reference to, 266, 412, 680, 1919, 1951, 2058, 2098, 2263, 2528, 2529, 2567, 2657, 2659, 2659, 3003, 3788. ADULTERATION AND SALE OF INTOXICATING LIQUORS, Committee appointed on, 142. Committee on, resolution to obtain information from, 641, 643. Debate on report of committee on, 3265 to 3297. Debate on report of committee on revision Report from committee on, 2274. AGAN, FRANK, Appointed messenger, 29. ALBANY, Resolution tendering thanks of Convention to mayor and authorities of, 2660. Resolution of thanks to mayor and common council of, 3874, 3913. Resolution to appoint select committee to ALDERmen, boards of, prepare, 3777, 3865. Report from committee on, 3916. DJOURNMENT, Debate in reference to, 187, 2655. DJOURNMENT TO Saratoga, Resolution in reference to, 25, 161, 358. DJOURNMENT, FINAL, OF CONVENTION, Remarks of Mr. Develin on, 3140. 66 ALIENISM AFFECTING TITLE TO REAL ESTATE, Resolution in reference to, 647, 673, 3283, ALIENS, EQUAL RIGHTS OF, TO HOLD REAL ESTATE, 3891 Remarks of Mr. Alvord on, 3258. A delegate from the twelfth senatorial Oath of office taken by, 18. Petition against abolishing office of re- 1361. Petition in reference to prohibiting dona- Petitions in reference to support of com- mon schools, presented by, 2356. Remarks by, on report of committee on Remarks of, on report of committee on Remarks of, on report of committee on Remarks of, on report of committee on Remarks of, on resolution to instruct com- Report from committee on Governor, Resolution of inquiry in reference to pow- ers and duties of county courts, by, 100. revision to amend article on judiciary Supplementary report from committee on Governor, Lieutenant-Governor, in ref. A delegate from the twenty-second sena- Appointed member of committee on coun- ALVORD, THOMAS G., A delegate from the twenty-second sena- 2391, 2488, 2687, 2755, 2765, 2801, 2816, Remarks, of, on appeal from decision of Chair, 3829, 3830. Remarks of, on call of Convention, 413. Remarks of, on finances of State, 3501, Remarks of, on joint report of com- Appointed member of committee on cities, Appointed member of committee on re- 1889, 1895, 1904, 1906, 1936, 1938, Motion for call of Convention, made by, 412. Petition in reference to prohibiting dona- Petition in reference to prohibiting the Remarks of, in reference to adjournment, Remarks of, in reference to amending jour- Remarks of, in reference to death of Hon. Remarks of, in reference to death of Hon. David L. Seymour, 1974. Remarks of, in reference to employment ment of Convention, 3412, 3414. Remarks of, in reference to incongruity in Remarks of, in reference to postponement of consideration of report of finance Remarks of, in reference to publication of Remarks of, in reference to State aid to Remarks of, on motion for call of Conven- tion, 716, 718, 722, 738, 741, 742, 744, 746. Remarks of, on motion to refer reports of Remarks of, on postponement of considera- tion of report of committee on powers amendments to and submission of Con- Remarks of, on report of committee on Remarks of, on report of committee on Remarks of, on report of committee on cities, 2981, 2982, 2983, 2988, 3082, 3085, 3166, 3169, 3207. Remarks of, on report of committee on |