in the alternative of either utterly suppressing the information we received, or of calling the attention of the Legislature to it by incorporating it in our report.

"I cannot for a moment entertain a doubt that it was the duty of the Association, under its act of incorporation, to communicate to the Legislature the information it obtained, and I cannot but feel that it would have been wanting in its duty if it had omitted to do so.

"If all is right in the government of the prisons, their officers have nothing to fear from the investigations of candid and dispassionate men. If matters are wrong there, the Association cannot, without a dereliction of duty, refrain from speaking the truth in soberness and sincerity.

"Such are the results to which I have been brought by the investigations to which I was invited by the letter of Mr. Wells; and, under the circumstances, I feel that I should do wrong if I hesitated in expressing my conviction of the propriety of the course pursued by the Association.

"The views which I have thus taken of the duties of the Association are commended to my favor by this additional consideration:

"Under our present Constitution, and the laws enacted pursuant to it, our State prisons are thrown entirely into the political arena, and become the foot-ball of party politics.

"At every change of parties, men are to be thrust in or out of their government, not according to their fitness for the station, but according to their party attachments; and the Inspectors, though called such, are in fact governors of the institutions, clothed with the patronage of appointment and the absolute power of government. Over their department there is no supervision, except that which is conferred by the Legislature on this Association, or that which may from time to time be exercised by legislative committees. The difficulty of obtaining from the Legislature a committee of investigation is notoriously great. Their examinations must, of necessity, be fitful and uncertain; while those of this Association must, while their act of incorpo

ration is permitted to continue, be steady and enduring, and be conducted by men who, from their experience, are able to trace the devious windings of fraud to its most concealed recesses.

"It is a matter of regret that, while the Inspectors recognize the importance and necessity of establishing a supervisory power over them, thay should struggle against such supervision in the hands of men over whom they can exercise no control, and whose conduct they can in no wise influence.

"The supervision of this Association is always under the control of the Legislature, and how far or how long it will allow it to continue, must necessarily be submitted to their wisdom. But until it shall be positively withdrawn, it seems to me that it is the duty of the Association, as far as it shall be permitted, to exercise the power conferred upon it by the act of the Legisla ture, and to discharge the duty imposed along with it, without fear, favor, or affection; for I see no other means, under the law as it now stands, of exposing to the Legislature or the public any misconduct of the Inspectors, or of such of their subordinates as they may be disposed to screen. And if, by the contumacy of the officers of the prison, it shall be prevented from making its investigations as thorough as they ought to be, it ought to go as far as it may be permitted; and, above all, not withhold from the Legislature any information which it may possess, and which may tend to elicit the truth.

I am, very respectfully, &c.,

J. W. EDMONDS."

Those inspections for this cause ceased in 1848, and the consequences have already been pointed out.

Perhaps if the Legislature should peremptorily require those inspections to be made and provide for the actual expense of making them, some, if not all the evils already alluded to, would be remedied. It is quite certain that if they were continued much valuable information might be obtained, which otherwise would be lost.

Still there are evils in the present state of things which even that remedy would not reach. One, and the chief one is, that

the prisons are governed by the same body whose duty it is to inspect that government.

The Inspectors ought to have no power of appointment, but the power to remove any officer for cause, for it would be thus alone, that they could redress the evils they might detect.

The government of each prison might be devolved upon a board of three governors, chosen or appointed in each prison district for a long term, without pay, and going out of office at different periods and removable like every other officers for cause.

By this mode the frequent changes of officers which have been a very serious evil, would be avoided. The prisons would cease to be party machines for the reward or punishment of active political partisans, and the whole government and conduct of them would be subject to the salutary restraint of Inspectors, chosen by the State at large, and over whom the officers of the prisons could exercise no control or injurions influence.

The committee suggest this remedy in the confident belief that it would remove most, if not all the evils which are now seriously impairing the usefulness of our penitentiary system and sinking its character in the eyes of the world, from its former high and envious position. It is true that it involves an amendment of the Constitution, but even this labor would be amply repaid by the benefits that would accrue from the proposed change.

THE AGENT.

The next officer of importance, or in a pecuniary point of view, the most important officer connected with the prisons, is the agent. Upon the manner in which he performs his duties depends, in a great measure, the fact whether the prison supports itself. And it is to this result that everything is made to tend. Reformation, health, humanity and life itself, are in constant danger of being sacrificed to this object. Does the Warden order a greater amount of food or clothing or a change in the qualitydoes the chaplain ask for lamps to enable the prisoners to read in their cells does the physician prescribe a respite from laborthe ever vigilant agent is very likely to interpose the powerful

argument of economy and the promptings of humanity are silenced, While this is is not always the case, in fact, a natural tendency in that direction is obvious.

At Auburn this feeling has been carried to such an extent that the agent, a few years ago, completely usurped the duties of the physician and refused to be governed by his directions, in relation to the food of the prisoners and other matters, simply on the ground of expense.*

By an act of the Legislature, Sec. 44, page 603, Laws of 1847, the Inspectors were directed to cause to be built at Sing Sing and Auburn, 20 cells or large rooms, and five at Clinton, each cell to contain in dimensions not less than 996 cubic feet, sufficiently lighted and ventilated for the separate confinement of certain prisoners while at work, as well as at night. These cells are deemed of great importance, for it has been found that a very large majority of convicts can be kept in perfect discipline with the utmost ease, were it not for some dozen or twenty troublesome spirits in each prison who are perpetually exciting the rest to mischief. These cells are intended for these ungovernable men. Excessive punishment, amounting in many cases to downright cruelty has ever been the opprobrium of our prisons, and it has seemed impossible, with such keepers as political exegencies furnish, to wholly avoid it, except by a resort to the plan under consideration. By making the sifting proposed, the management of our prisons would be far easier than it now is, and the alleged necessity of cruel punishment would be removed.

Many privileges, the privation of which are annoying, would be cheerfully allowed by the keepers, were it not that these few would be sure to abuse them. Indeed the advantages of these cells seem so numerous and obvious as to scarcely need stating, yet because they will cost something, and because men confined in them cannot be expected to earn as much as when at work in the shops, the first step towards their erection has not yet been taken at either prison.†

*This abuse is very strongly commented upon by Doctor Fosgate in his communication to the committee in a subsequent page.

It is due to the Inspector in charge at Auburn, whose attention was first called to this section of the Law by your committee, to say that he assured the committee that its requirements should be immediately complied with.

A constant conflict is going on between the warden and the agent, the latter endeavoring to confine the expenses of the prison within the narrowest limits, and the former suggesting im provements involving more or less expense. For instance at one prison, the warden and physician deemed it necessary that the supper rations of the convicts should be changed from mush to bread, and at another prison the warden insisted that each convict should be supplied with two shirts, instead of one, in order that a change might be made weekly. Although in both cases the agent finally yielded to the importunities of the warden; it was very evident that he regarded such indulgencies as needless attacks on his system of economy. So also, in regard to lighting the cells, the wardens, chaplains and instructors have for years been urging upon the Inspectors and agents, the propriety of affording sufficient light during the long winter evenings, to enable the convicts to read in their cells. But here again as before remarked, the ever ready argument of economy is interposed, and the poor prisoner is obliged to while away 14 hours of the 24 in utter darkness, to the injury of body, mind and soul. While your committee heartily approve of all proper efforts towards economy, they would suggest that progress and improvement are not to be stayed merely because they cost something.

The system of contracts at our prisons which is almost entirely under the control of the agent, is surrounded with temptations, and its workings need frequent and careful scrutiny. It will be seen in reading the testimony taken in this investigation, that several cases were discovered where undue favor has been shown to contractors by officers of the prisons. Thus at Sing Sing prison we find a contract, duly made, where the contractors agree to pay sixty cents a day for a certain number of convicts. Upon examining the time book kept by the keeper of these men, we find an aggregate of 50871 days work charged at 40 cents a day, and 2308 at 30 cents; and we find on a further examination, that where these same contractors had paid the full price under one agent, that under his successor 20 cents a day was refunded to them for 188 days work, making by these deviations from the terms of the contract a loss to the state of $2,087.27, and a gain to the contractors of an equal amount. And what made thes