means of voluntary and compulsory employment | many of the officers were habitually drunk. Can of prisoners; sixth, a method of apportioning we expect prisoners to be reformed under the sentences with regard to the condition of prison- supervision of such officers? Prison officers of ers under confinement; seventh, an accurate all grades should have a true apprehension of the mark system; eighth, provision for the instruc-chief object of imprisonment, and an unwavering tion of all prisoners, and for the mental occupa- faith in the possibility of the accomplishment of tion of such as do not labor; ninth, judicious that subject. On this point, as to what is the obprison rules; tenth, proper appliances for re- ject of imprisonment, I will quote the opinion of straint and punishment; eleventh, a method of Mr. Mulkins, who has been for many years one conditional pardon; twelfth, strict supervision of the chaplains of the Kingston penitentiary, and liberal assistance of discharged prisoners." claimed by the Canadians to be the model prison of the continent. It is from the "nineteenth report of the prison association" page 380: linquents of many creeds, often diseased in body and always disordered in mind, ignorant in all things, but especially ignorant of religion, vitiated, depraved, fallen, and stained with guilt, and to seek by wise and patient efforts to overcome their ignorance, to repress their evil nature, to impart habits of industry, to place continually before their minds the religion of the Bible, and to surround them with agencies and influences adapted to make them wiser and better men-this is the purpose and a labor whose grandeur and nobility it would be difficult to ex According to this view there should be a gradation of prisons, that is, "distinct prisons for different classes of offenses and offenders," and then "He holds that the great mission of penitentithe classification of prisoners according to their aries is to improve the mental and moral condioffenses, and all this implies a system of prisons tion of their inmates, to implant in their souls the -not so many independent prisons-but prisons seeds and love of virtue, to supply them with mohaving an intimate relation to each other. That tives to a better life, and to animate them with is one capital defect in our present arrangement higher, purer, and more godly hopes. And, of prisons, that they are independent, that truly, for the State to take these children of many they have no relation to each other. This races, these outcasts of many nations, these dedefect must be remedied, and I submit that it is more likely to be remedied by the supervision of one active, energetic, large-minded man, with his whole soul in the work, than by the supervision of a board of amateurs, who give attention to the subject only occasionally as their avocations, rather than continually as their vocation, their high calling. Mr. Sanborn places "a careful selection of officers" third in the distinct things which he enumerates as included in his ideal of a prison system, but I would place it first as being pre-eminent in importance. Schemes or systems may be well devised, admi-aggerate. An observation and experience exrable in every other respect, but if they fail to se- tending through many years, have convinced cure wise and capable men to control and manage Mr. Mulkins, as he avers, that this exalted dethem, they will fail in accomplishing their pur- sign, the noblest certainly that a State can enterposes. The radical defect in our prison system, tain toward its fallen and offending children, may, or "no system," as the chairman of the Prison in a great degree, be accomplished, only, however. Committee has aptly termed it, is that there is no in proportion as it is acknowledged to be the provision for a careful selection of officers, and chief object of imprisonment, and all other things while this defect remains, marked improvement in are made both subordinate and subservient the management of the prisons is impossible. If to it." wise and capable men could be secured, and their No one can fairly dispute the opinion here adpositions made permanent, however bad the sys-vanced, and yet it is true that the men who mantem might be, it would soon be revolutionized, and a system inaugurated which would make our prisons to accomplish the beneficent ends for which prisons are instituted. Men of peculiar characteristics are needed for prison officers, not only for the higher but for the subordinate positions. I need hardly say that all prison officers should be free from those vices which are so largely influential in producing those crimes which consign men to prison; but even this standard is not approximated under our present sys- "Is the reformation of convicts made the pritem. Persons who are themselves the slaves of mary object in the administration of the Clinton vice are selected to control the prisons and aid in State prison? I think reformation is not made securing the reformation of criminals. A good the primary object; for, in that case, men would story is told of a prisoner who was interrogated be the product. The main object here has seemed by a philanthropist as to what brought him into to me to be to make nails, and not men." the prison, and wittily replied "Two constables It is claimed that this prison, during the past and a sheriff." "But I mean," said the philan-year, has been a financial success, and this may thropist, "what led to your coming here? Didn't be true; but the prisons as a whole, have been intemperance have something to do with it?" financially a failure, and largely so, as shown by "Yes," responded the prisoner, "for they were the chairman of this committee, in his elaborate all three drunk," and he might have added if he statement of this whole subject the other day; were in one of our prisons that intemperance had and they will always be a failure so long as those much to do in keeping him there, inasmuch as who control them continue to mako material age our prisons do not place the improvement of the prisoners before their minds as the great object to be aimed at. The simple object to be attained is, to make the prisons a financial success; but in aiming mainly at this, they have failed in both, and are successful neither financially nor morally. Mr. Canfield, chaplain of Clinton prison, said to be the best conducted of all our State prisons, replies to a question of the committee of the prison association: rather than moral interests the great object of fling cant which would rob this class of citizens their action. But, as I have said, prison officers of their birth-right), but because, in addition to should have not only a true apprehension of the their intellectual attainments, they are imbued chief object of imprisonment, but an unwavering with that same spirit which moved a Chalmers to faith in the possibility of the accomplishment of leave the congregations of the cultured, the great that object. Is the radical reformation of crim- and the noble, who thronged around him and inals possible? Are there moral forces and agen-hung with admiring wonder upon his words, and cies that can take hold of the vile, the aban- in the ripeness and richness of his glorious man. doned and the criminal, and lift them up from hood, and go down to expend the treasures their degradations? The ordinary politician of his mighty and majestic intellect in indoubts, the mere man of business doubts, apostles structing the vilest and most degraded of a rose-water philosophy and divinity doubt-of the population in the great city where he but through the ages there have been men with resided. Now, every one who has any knowlundying faith in this sublime possibility, and edge of the subject will, I think, admit that these men have, by their faith, moved mountains under our present system a careful selection of of crime. It is impossible to conceive of a suc- officers is impossible-it is impossible to select cessful prison officer who has not in some meas-men with a sole reference to their personal fitness, ure this faith, and in proportion as it shall per- so that the reform must begin with a radical meate and animate the officers of our prisons, change in the mode of selection and appointment. will those prisons be successful. Moreover, to The majority of the committee propose, instead be a true prison officer, requires a spirit of self- of three inspectors chosen by the people for three abnegation, a spirit of consecration to the inter- years each, one superintendent appointed by the ests of humanity. Whatever be the emol- Governor and confirmed by the Senate for seven uments or compensations of the position, years. The radical difference here is that the to be constantly associated with the vicious, Governor and Senate select instead of the people, cannot be otherwise than repulsive to the and in this is the gorm of the reform. I do not cultured and kindly mind, and none others wish to be misunderstood. I believe in the electare fit to deal with criminals; so that there must ive principle as applied to most public offices. be a higher motive to control them than that The very able arguments to which I have listened which leads men into the ordinary vocations of have not convinced me that we should have abler life. I quote the reply of Mr. Canfield to another or more independent judges by having them apinterrogation of the committee of the prison asso-pointed rather than elected, because my reading ciation, as presenting in compact form an enume- and observation have taught me that able, com. ration of the qualifications which subordinate petent and independent judges, and sometimes prison officers should possess: "What do you consider the proper qualifications of prison officers? A ready insight into human character, good general intelligence, decision of character, firmness of purpose, a quick sympathy with all that are in circumstances of trial, incorruptible honesty, strict temperance, religious training and sympathies, and physical and moral courage." If these positions are correct, it follows that all prison officers should be selected purely because of their personal fitness. The chief prison officers should be selected, not because of their eminence in public life, or because of their party services (for they may be eminent and successful as public men in other positions, but totally unfit for this), but because they possess peculiar qualifications for these duties. A man might be a very good Governor, and yet have no adaptation to manage the prison system of the State; a man might be a good Senator, but a poor warden of a prison; a man might be a good Senator and get drunk occasionally, but a good warden never. [Laughter]. The chief men of our prisons should, in addition to good natural endowments of intellect, cult:vated minds and great force of character, possess good business and executive capacities, and, over and above all these, the true spirit of humanity, and there should be within them that spirit of faith and self-abnegation of which I have spoken. The chaplains should be selected, not because of their power to make good political speeches (though I have no objection to any clergyman making as many such speeches as he can find time to do, having no sympathy with that snuf incompetent and partisan judges, are placed on the bench by both methods. Nor was I convinced that the State officers, as Attorney-General, Secretary of Statė, etc., should be appointed by the Governor. I suppose that any one of the hundreds of respectable lawyers in the State would make a respectable Attorney-General or Secretary of State, so that the people could hardly go amiss in the selection, but a man with the rare qualifications necessary for a superintendent of prisons would require to be sought after-great discrimination must be exercised in selecting him. This discrimination can never be exercised by a party nominating convention-it can be by the Governor and Senate. At one time I was inclined to favor this plan of a board, as proposed in the minority report of the gentleman from Cayuga [Mr. C. C. Dwight], but mature deliberation has satisfied me that his plan is impracticable. It would be open to the same objections which lie against the present board of inspectors. What we want is not a mere amateur and occasional, but a perpetual and indefatigable supervision. All the practical advantages of such a board as is proposed by my colleague of the committee, will be attained by local boards of visitors as provided for in the fourth section of this report. I have alluded to the increase of crime in this State, there is one cause for that increase to which I have not hitherto referred-that is the great war through which we have passed. And that this increase may not be permanent but temporary, demands peculiar earnestness and intelligence in grappling with crime. And I avail myself of the latitude allowed in this committee to correct a mistake "PROPORTION OF PRISONERS WHO HAD BEEN SOLDIERS. "It was estimated that 145, or about one-third of the convicts of Clinton prison, had served in the late war." which results in injustice to the soldiers of the State. I have heard a great deal said on this Union. I admit that the war has resulted in an in-floor about the danger of centralization in this crease of crime, but I deny that the criminals land. There is indeed a vast amount of jealousy are generally or frequently soldiers. I believe of central power, but I tell the gentlemen of this that the average morals of the men who did the committee, through the chairman, that the danfighting for the Union in the late war is higher ger in this State and in this land is not in that than before they endured the rugged discipline direction. The danger in this State is not from and breathed the mighty inspirations of that con- a tendency to centralize, but the danger is because flict. There was demoralization and there is of a tendency to place the government of the crime, but the criminals are the men who hung State in the hands of a mob. There is the danaround the outskirts of the army, for trade and ger, and we may as well look this danger squarely plunder, or around the provost-marshal's offices in the face. We are not in danger from centralin the North, and contractors who accumulated ization; we are in danger because we interpret enormous fortunes by their dishonest dealings- too largely some of our political theories in rethis horde of land-sharks-many of whom are gard to the rights of men. We are in danger now enjoying their ill-gotten gains. The twenty because we have come to believe that manhood second report of the prison association in relation suffrage means vagabond suffrage, and criminal to this has the following, in connection with the suffrage, and there is an attempt, whenever we Clinton prison: propose to limit the power of this class of men, to fasten upon us a charge of violating the vital or fundamental principles of our government. I do not think that there is any danger in the plan shadowed forth by the report of the committee,* albeit I did not advocate the adoption of that plan. I do not think it would, in the slightest This statement has been made the text of degree, endanger the safety of the State, but, on an elaborate article in the North American Review the contrary, would be efficient in repressing on the subject of crime, in which great injustice crime, and it would, at the same time, take away is done to Union soldiers. These extracts do a cause of complaint in regard to local adminisinjustice to soldiers, though of course uninten-tration. It would take away this cry of special tionally. The assumption here is that these men legislation for particular localities. And I comserved in the army. These statements do injus-mend that portion of the report to the earnest attice when they say these men have served in the tention of this committee. army. According to the statement in relation to Mr. GOULD-I have listened, sir, with a great Clinton prison, about one-third of the persons deal of attention to the argument of my friend there had served in the late war. Now, the fact and colleague from Cayuga [Mr. C. C. Dwight]. I in regard to that was, that these men never did have not observed, in the course of the argument serve in the war. They were simply persons that that he submitted to the committee on Saturday had been enlisted under the nefarious bounty evening, that he contests any of the propositions system which was inaugurated in this State. I advanced in the remarks I had the honor to They were bounty jumpers, and arrested for their offer before the Convention. I do not understand crimes, tried, condemned and sent to Clinton that he at all impeaches the arguments which I prison; but in no proper sense had they served offered, that there was necessarily an irresponsiin the late war. I have merely availed myself bility on the part of boards, or that there was a of the latitude which this discussion has taken to want of unity of action on the part of boards. I correct this impression. I wish to offer a word do not understand that he impeached at all my in regard to the police system, inasmuch as argument that unity and responsibility were of nothing has been said about that. The the utmost importance in the proper regulation prison committee shadow forth in their of the prisons of the State. But, sir, the argureport a police system. That plan was introduced ment that he offered was this: He says that an to the consideration of the committee by certain immense power will be conferred upon this progentlemen residing in the southern part of this posed superintendent of prisons, if that power is State, and, as a consequence of the advocacy of lodged in the hands of a single person. Well, these gentlemen, it was adopted. It was report- now, sir, I admit that there is a great deal of ed by the committee for the consideration of the power placed in this man's hands. But, let me Convention, and I think that that plan deserves ask you, Mr. Chairman, if we would have benefiserious attention, as being the means of solving cent results, is it not a matter of necessity, acone of the most difficult questions connected cording to the laws which God has imposed with the government of this State. There are upon all nations in this universe, that a power now three police districts in the State under the should be lodged somewhere, and in some control of the central government. This plan hands, adequate to the accomplishment of the proposes to make a uniform system, and increase results that are sought to be attained? the number of districts to five; at the cannot have beneficent results without you same time the plan when carried out, yield an adequate power in order to produce those would provide for the appointment of the officers of police, or the subordinate officers, by local authorities, and therefore is not liable to the objection that has been urged against it, that it is an attempt to centralize the power of the You results. This seems to me an axiom so simple and so plain that it must commend itself to the judgment of every individual in this Convention. But does not the common sense of mankind acquiesce in this matter? Sir, we give great pow. ever. He has the right, of his own accord, to Mr. GOULD-I understood the gentleman to ask that question. Mr. C. C. DWIGHT-I said that behind the captain of the ship were the owners of it, who had control over it, and directed the voyage. ers to the captains of steamboats. Every night during the summer there are from eight hundred to two thousand of the best men in the State, men whose lives are exceedingly valuable in the communities where they live, their families and their neighbors and yet we give the custody and the care of those lives to a single man, a steamboat captain. Sir, it is in his power, by bringing an extra weight on to the safety valve, to blow all these men to eternity; and yet we find that that power, great as it is, is judiciously exercised. We do not find that they ever use it for the disadvantage of the community. So it is with regard to the driver.of a locomotive. The life of Mr. GOULD-I admit the gentleman's correcevery man and woman in his train is subject to tion. That may be what he said. Behind the his power. But, in order to have the conveni- captain of the ship are her owners, but the ownences of steamboats and the conveniences of ers never think of giving any special directions railroads, there is no other way but to give the to the captain in case of a storm. He acts acpower to those men respectively. So, sir, if we cording to his own judgment when storms arise, would have the reformatory influences which we when the winds blow, when shipwreck is immidesire brought into practical action, there must nent. He acts according to the best of his cabe power given to the conductor of prisons to pacity, and is controlled by no board, and no produce those influences. Without a power we owners whatever. The gentleman objects to the cannot have the good result that we expect. But, mode in which the superintendent is suspended. sir, after all, is the power with which we seek He says it is utterly unheard of for a Governor to invest the superintendent of prisons, in the to sit as a court for the trial of these men. I article proposed by the majority of the committee, think he has given little attention to this branch altogether unprecedented? Is there a gentleman of his argument also. We do know that the here who supposes that the power lodged in the Governor sits frequently as a court for the trial hands of the superintendent of prisons is equal, of sheriffs. He sits, too, as a court for the trial by a great deal, to the power which has been of police commissioners, if they do any thing lodged in the superintendent of the canals. in the wrong, and there are a number of cases where, article of the Constitution which we have already by the existing statutes, he is required to sit in adopted? Sir, there are many officers in this judgment upon officers who have been guilty of State who have exercised, from the very begin- malfeasance and misfeasance in office. It is not ning of the State, quite as much power and unprecedented at all. It is entirely within all the more power than we seek to give to the super- analogies of previous legislation. With regard to intendent of prisons. The Comptroller of the the statement of my friend from Onondaga [Mr. State, in yonder building, has the whole control Alvord], I most heartily concur with him in the of the finances of the State. It is in his power, statement which he makes that the contractors if he is a rogue, almost at any time, to take a vast of prisons are the bane of prisons; and that any amount of money out of the hands of the people successful attempt to reform them must begin by of this State; and yet, sir, I do not know a single the abolition of contractors. But it seems to me instance where the power of the Comptroller has that a single head to prisons is indispensable to been abused. So, sir, we are continually lodging the success of this scheme. I stated the other power in the hands of men. We are compelled day, in the remarks which I had the honor of to do it by the very laws of our social existence, offering to this committee, that the very failure if we would have the beneficent results which we of the original State prisons took place from this desire to attain. Now, when we show that real very circumstance. There was a division with and beneficent results would be produced by this regard to the commercial management of prisons. concentration of power, is it wrong, is it acting One man took charge of it one week and another otherwise than practical men would seek to act, the next. It was because a board could not manin giving this power to the superintendent of age a prison without contractors that contractors State prisons? The gentleman says, sir, and I were finally introduced. It was to avoid the very think he has not prepared his argument with that evils which were incident to a board of managers care which he usually does, he says that the ex- that the contract system was first introduced. It ample which I aduce of the usage of mankind, dispensed with a great deal of commercial agenunder similar circumstances, when I state that oy, requiring perfecty unity of purpose, and unity the command of the army was never committed to of action, when the contractors were allowed to a board, but was lodged in a single head, he enter into the prison system of the State. We tells us that it is not lodged in a single head, but can never get rid of contractors unless we restore that the fundamental power exists in the Presi- perfect unity of management to the prisons. My dent of the United States and a board. Now, sir, friend from Cayuga [Mr. C. C. Dwight] interposes I know of no constitutional enactment which the objection that each one of the prisons of our makes a board necessary for the action of the State is necessarily a unit; that is, it has its own President of the United States. He is, by the laws, it has its own government, and it is not in Constitution, made commander-in-chief of the any sense connected with the other prisons of army. I know of no constitutional provision the State. And yet my friend admits that the which requires him to consult any board what-statement which I made in regard to the Irish system was correct. Certainly I believe that the fliction of duty. Another thing, the gentleman Irish system in its details may be very greatly from Columbia [Mr. Gould] speaks, in allusion to improved. But, sir, if the Irish system is intro- the argument of the gentleman from Cayuga [Mr. duced, then this isolated relation of our prisons C. C. Dwight], with reference to the captain of a ceases in this State. I think it is one of the ship. The board of underwriters or owners of greatest difficulties of our system that our prisons the ship are the parties who control its destiny. are isolated. If that system is introduced we If they order the captain to proceed to Liverpool, want to have one prison for each special purpose. he has no right, under those orders, to diverge We want one for a preliminary stage of solitary and go to South America; but he has a right, as confinement. We want, after the men have a matter of course, to control in the discipline of passed through the ordeal of solitary confine- his ship, to take command of it and direct its · ment, the penal stage of their imprisonment, that course in case of a storm or mutiny. So with they should go into a second, the educational reference to the warden of the prison. There are stage, in a separate prison. Another prison after laid down by the board of supervision certain that we want for the intermediate stage; and general rules which he is to follow; but as existill another for the final stage. If the Irish sys-gencies may arise, from time to time, either from tem, or any thing like it, is to be introduced-and a mutinous disposition on the part of the prisonI beg that the members of this Convention ers or an attempt on the part of some one or would bear this in mind-there must be a mutual more of them to break out, he may take charge interdependence between the different prisons. of the government of the prison and use his disThey must be managed as a unity. Each one of cretion: and he is bound to use it, the same as the prisons must be a link in the chain. The ob- the captain of a ship, in the absence of the ownject of the new system is the formation of a ers, who are on land while he is at sea, has entire chain, and if any link therefore of the chain is in- control within the purview of the instructions jured or destroyed, the value of the chain at given to him when he originally started upon his once is destroyed also. There must be a perfect voyage, so in this case. The cases are analogous. interdependency between them, if this improve-It seems to me that the comparison is perfect, as ment that we are all looking for is ever to be introduced. Sir, I think that I have answered all the arguments which have been adduced. I think I have shown that they are illusory. I have but to say, in conclusion, that I have no pride of opinion in regard to this matter. During the long period of time that I have devoted my self to this subject, the conviction has grown stronger and stronger in my mind that any hope of a real and radical reformation of these numerous evils which I think we have clearly demonstrated to exist in the prison system-I think they can only be cured by the substitution of the responsibility of a single head. I have given all the arguments that have occurred to me; I have replied to all the objections that have been made, and now, if on mature examination of the subject this Convention is convinced that I am mistaken in this matter, I can only say that all I want is the improvement of prisons, and I shall cheerfully submit to their judgment, whatever that judgment may be. made by the gentleman from Cayuga [Mr. C. C. Dwight]; and there can be no question with regard to it whatever. The gentleman from Clinton [Mr. Axtell] suggests, to cure the difficulty of the waste of time in traveling which will be caused by having a single head, the appointment of a local board of visitors. What does that local board of visitors amount to? They have no power of appointment; they have no power of removal; they have no power of punishment; they have no power to dictate the course which shall be pursued in the management of the prison; they simply go there as any other set of individuals may go there, to see and to examine the detai's of the management of the prison; and if they see any thing out of the way as a matter of course all they can do is to come up here to the supreme head, at Albany, and report what, in their 'judgment, is a departure from the rules which should govern the prison. In truth, it amounts to nothing at all; for they have no authority and they can do no more than any reputable citizen can do who chooses to visit the prisons and examine into the details of their management, for they have no more right or authority. Mr. GOULD-The article provides that the Legislature shall give the board of visitors such powers as they may judge proper. Mr. ALVORD I have but a very few words to say in answer to the gentleman from Clinton [Mr. Axtell] and the gentleman from Columbia [Mr. Gould], who have undertaken to draw, in this debate, the idea of similarity between the establishment of the superintendent of canals, or of public works, and the establishment of the Mr. ALVORD-I understand that. I would like superintendent of State prisons. Gentlemen will to know what povers the gentleman proposes recollect that so far as regards the canals of the that the Legislature shall give to this board of State, the superintendent who is there named is local visitors. He wants a unification in this simply the superintendent over the working and matter. The board of local visitors at Auburn management of the navigation of the canals, and may have views and ideas entirely different from has nothing whatever to do with the finances in the board of local visitors at Clinton; and thus any way, shape or manner. He has nothing to you have at once inharmonious action. If you do with the appointment of the financial officers give them any power beyond the power of exwho are to take care of that part of the canal amining and reporting at Albany upon the abuses management. It is simply a superintendence over existing in the different institutions, the moment the working matter of canals; and the superin-you give them any power whatever beyond that tendent is answerable directly to the commission-point, the moment you give them a right to dicers of the canal fund and the Governor for dere-tate with regard to the removal of officers, or the |